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Affordable Hauling - Agreement for trash removal at 1221 Cypres Ct.AGREEMENT FOR SERVICES (For contracts over $5,000 — NON - DESIGN, NON - ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 22nd day of October, 2014, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: Affordable Hauling, having a principal place of business at 2000 DU Rd, Gilroy CA 95020. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on October 22, 2014 and will continue in effect through June 22, 2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement 1 terminate this Agreement regardless of any other provision stated herein. itia ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. 4835 - 2267- 0361v1 LAC104706083 C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $8,092.00. B. Invoices CONTRACTOR shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit I'D ". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section M incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be 4835- 2267 -03610 LAM04706083 -2- responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. C. Indemnification of Liability, Duty to Defend As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability occurrence ' , ' rage-for- awned- end - non- med automobiles with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. 4835 - 2267- 0361v1 LAC104706083 E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. 4835 - 2267 -03610 _4_ LAM04706083 If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: CONTRACTOR'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. D. Transrhon after Termination - --- Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services. 4835 - 2267 -03610 -5- LAC104706083 ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. D. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to. reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal e manner,ct- those-engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. 4835 - 2267 -0361v1 _6_ LAC104706083 F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices wilrbe deemedzlelivered -as-of three (3) days -after mailing- J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. 4835 - 2267 -03610 _7_ LAC104706083 L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: Affordable Haulin By: N e: Tim, Davis Title: Owner Social Security or Taxpayer Identification Number 545 -15 -8494 Approved as to Form &LU& ot) A554 a4 Ci ttorney 4835 - 2267 -0361v1 LAC104706083 CITY: CITY OF GILROY By: Name: Title: Tom Haglund City Administrator ATTEST: City Clerk L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: Affordable Haulin � j- N e: ` Timot Davis Title: Owner Social Security or Taxpayer Identification Number 545 -15 -8494 Approved as to Form „Cit ttorney 50� qD us� h CITY: F GILROY By: Name: Tom Haglund Title: Citv Administrator 4M2267-0361vl -8- LACID4706083 EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit "B", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Timothy A. Davis, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Scott Barron shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not co ted-all of- such- Svrviees -as- required -by- this -Agree ent, CITY shal.1 so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835- 2267 -0361v1 LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C._ SIGHT OF CITY TOJNSPECJ RECORD S CTOR - - CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 2267 -0361 ul -2- LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835 - 2267 -03610 _3_ LAM4706083 H. NOTICES. Notices are to be sent as follows: CITY: Scott Barron City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Timothy A. Davis Affordable Hauling 2000 Dam Gilroy, CA 95020 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. Covenant against Contingent Fees The CONTRACTOR warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a _ bona_fide._employee,_ any fee — commission percentage brokerage fee, gift or and other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835 - 2267 -0361 A -4- LAC104706083 EXHIBIT "B" SCOPE OF SERVICES A. Remove the accumulation of garbage, refuse and debris from the back yard and side yard areas of, 1221 Cypress Ct, Gilroy CA, hereinafter known as "the Property" under the terms and conditions of this agreement: B. CONTRACTOR shall collect, transport and dispose of all garbage, refuse and debris removed from the Property in compliance with applicable federal, state and local laws and regulations governing the collection, transport and disposal or recycling of such items. C. CONTRACTOR shall use due care to prevent any garbage, refuse and debris or fluids from leaking, being spilled and or scattered during the loading or transportation process. If any waste or fluids leak or are spilled, CONTRACTOR shall promptly clean up all such materials. D. Receipts and scale weight tickets shall be retained and copies provided to the City for all garbage, refuse and debris removed from the Property and disposed of under this agreement. E. All Recyclable Materials transported pursuant to this agreement shall become the property of CONTRACTOR and may at the discretion of CONTRACTOR be recycled in accordance with applicable laws or may be disposed of along with the garbage, refuse and debris removed and transported under this agreement. Upon request from the City, CONTRACTOR shall identify the entity to which it transfers Recyclable Materials for processing and provide copies of receipts to the City for the disposal of recyclable materials under this agreement. F. CONTRACTOR shall perform no other work than that listed herein, unless stipulated by City staff in writing. G. The Property owner shall retain certain personal items that have been stored in the back yard and side yard areas. Care shall be taken by CONTRACTOR to establish and verify such items with City staff to ensure they are not inadvertently disposed of along with the garbage, refuse and debris that is being removed from the Property. CONTRACTOR shall, after such verification be responsible for informing his employees regarding personal items that are to be retained by the Property owner. H. Upon the removal of the garbage, refuse and debris from the site, CONTRACTOR shall if necessary rake the landscape and dirt areas to remove any remaining items and the concrete or hardscape areas shall be left broom clean; to the satisfaction of CITY staff. I. Alternate Bids 1, 2 and 3 shall be included in the Scope of Services of this contract as optional tasks. Alternate Bids one (1) and two (2) may be implemented by city staff upon delivery to Contractor of a separate written Notice to Proceed for each bid. Alternate Bid 3 may be implemented by city staff upon delivery to Contractor of a written Stop Notice. Should city staff issue a Stop Notice due to the lack of accumulation of garbage, refuse and debris at the site for five (5) consecutive months, no further site maintenance will be allowed. Upon cessation of 4835 - 2267 -03610 LAC104706083 work, the remaining months in the Alternate Bid 2 maintenance period after the date of the Stop Notice will be deducted pursuant to the amount specified in Alternate Bid 3, at which time the contracted work will be deemed complete. J. Should Alternate Bids one (1) and /or two (2) be implemented by City Staff, an inspection calendar shall be created for each Alternate Bid indicating the dates and times the site will be inspected and maintained. The calendar must be submitted to City staff who will obtain approval from the property owner prior to the start of the site maintenance schedule. Once the calendar is approved by the property owner, the site maintenance dates may not be modified without prior approval of the property owner and proper notification and approval by the city contact person. K. Each site maintenance inspection will consist of knocking at the front door of the property to notify the property owner of the site maintenance inspection. Once the property owner has been notified you are onsite for a site maintenance inspection, you may enter the side yard area through the side yard gate to inspect the side yards and rear yards. Any observed accumulation of garbage, trash, debris, rubbish and recyclables at the site that is not enclosed in a city issued and approved container and is present for more than seventy-two (72) consecutive hours or if the accumulation is being stored or disposed in a manner that would allow the material to be transported by wind, the accumulation shall be picked up by CONTRACTOR and removed from the Property in compliance with applicable federal, state and local laws and regulations governing the collection, transport and disposal or recycling of such items. L. All site inspection and maintenance personal shall be introduced to the property owner by contractor prior to allowing routine inspection and maintenance visits. M. Should any disputes arise from any services rendered under this agreement at the Property, the city contact person must be notified immediately. 4835- 2267 -0361 v1 _2_ LAC104706083 EXHIBIT "C" MILESTONE SCHEDULE A. CONTRACTOR shall complete the contracted services described in Exhibit 'B" within fourteen (14) days of receiving a written Notice to Proceed. Once the initial cleanup work is initiated, no more than four (4) consecutive calendar days will be allowed to complete the work. B. CONTRACTOR shall begin the ongoing site maintenance specified in Alternate Bids one (1) and two (2) within seven (7) days of receiving a Notice to Proceed issued by City Staff. C. CONTRACTOR shall not schedule work to commence prior to 8:00 AM or continue beyond 5 :00 PM on weekdays and shall not schedule any work to be undertaken on weekends or holidays. D. The City shall schedule in advance and confirm with CONTRACTOR the start date and time for all services rendered under this agreement. All working days will be confirmed and agreed upon prior to the start date. 4835 - 2267 -0361 v1 _ 1 LACT04706083 EXHIBIT "D" PAYMENT SCHEDULE $ 2496.00 + 1,180.00 = 3,676.00 To be paid in full within 30 days of completion and approval by City pursuant to the conditions contained herein. $ 768.00 To be paid in full within 30 days of completion and approval by City of Alternate Bid 1 site maintenace items pursuant to the conditions contained herein for Alternate Bid 1. $ 576.00 To be paid as a partial payment every three (3) months during the term of the maintenance agreement described in Alternate Bid 2; should the City issue a Notice to Proceed for Alternate Bid 2. Each payment will be processed upon receipt of an invoice for the partial payment amount which includes a brief description of work completed during the prior three (3) months including before and after photos of the site during each visit. Each partial payment will be paid in full within 30 days of receipt and approval pursuant to the conditions contained herein for Alternate Bid 2 with total payments not to exceed $3,648.00 4835- 2267 -03610 LAC104706083 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 13 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS RELATING TO PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE, State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Gilroy, its officers and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: 1. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or 2. The construction, erection or removal of elevators; or 3. The ownership, maintenance or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which. you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2013 0413 C Insurance Services Office, Inc., 2012 Page 1 of 1 PURCHASING SUMMARY FORM This form is utilized to record three (3) price quotations for items or services under $35,000 and Sole Source, emergency purchase or non - procurement of lowest quoted price explanations. Department Head shall approve emergency purchases above $35,000. This form is to be attached to the Purchase Requisition and forwarded to Purchasing. REQUISITION OR PURCHASE ORDER NUMBER ITEM DESCRIPTION: Clean up the garbage, refuse and debris that has accumulated at 1221 Cypress Ct, Gilroy pursuant to Resolution No. 2014 -47 with the addition of a maintenance agreement PRICE QUOTATIONS VENDOR NAME Osuna Hauling DATE CONTACTED 09/16/14 ADDRESS 9043 Freeman Ct, Gilroy CA 95020 TELEPHONE 420 -4756 INDIVIDUAL CONTACTED Fidel Osuna PRICE QUOTED $ 9,190.00 PRICE GOOD TO REMARKS Price includes alternate bids 1 and 2 CITY BUSINESS LICENSE # 3771 VENDOR NAME Melecio's Yard & Hauling DATE CONTACTED 09/19/14 ADDRESS 1930 Pacheco Pass Hwy TELEPHONE 408 -838 -1920 INDIVIDUAL CONTACTED Melecio Dominguez PRICE QUOTED $ 9,100.00 PRICE GOOD TO REMARKS Price includes alternate bids 1 and 2 CITY BUSINESS LICENSE # 1535 VENDOR NAME Affordable Hauling DATE CONTACTED 09/17/14 ADDRESS 2000 Day Rd TELEPHONE 408 -500 -7944 INDIVIDUAL CONTACTED Timothy Davis PRICE QUOTED $ 8,092.00 PRICE GOOD TO REMARKS Price includes alternate bids 1 and 2 CITY BUSINESS LICENSE # 10788 Is product Environmentally Preferable Purchasing (EPP) Policy compliant? If yes, explain: (EPP Policy can be found G: \cityinfo \MISCINFO) YES_ NO_X EXPLANATION (FOR SOLE SOURCE, EMERGENCY, OR NON - PROCUREMENT OF LOWEST QUOTED PRICE) Prepared by: Scott Barron DATE 11/03/14 Approved by: DEPARTMENT HEAD APPROVAL FOR EMERGENCY PURCHASES ABOVE $35,000 G:\ CITYWFO \FORMS\PURCHSG\Purchasin€ Summary Form (3 Quotes).xls DATE Bid Summary Osuna Hauling 950 640 . .7600 -50 Melecio's Yard &Hauling 800 700 7600 -300 Affordable Hauling 2496 768 3648 -192 9,190 9,100 6,912 1,180. 8,092 From: Timothy Davis [mailto:tim.affordablehauling . davis@gmail.com] Sent: Wednesday, September 17, 2014 2:25 PM To: Scott Barron Subject: Affordable Hauling 1221 Cypress Ct Bid City of Gilroy Code Enforcement Bid Form Location: 1221 Cypress Ct $Requested Bid: A price to complete the work described in Exhibit A Alternate Bids: Please provide a separate bid for the following ongoing Site Maintenance Agreement items. $ _7 Alternate Bid 1: On completion of the site cleanup pursuant to Exhibit A, provide an alternate I "qGk bid covering the cost for returning to the site once every two weeks for two months to remove any trash and debris and /or recyclables that has accumulated at the site in violation of City codes. $ IV Alternate Bid 2: On completion of Alternate Bid 1, provide a cost for returning to the site once a *4?IqV( 11 i? NA month for 19 additional months after the first two months to remove any trash t` and debris and /or recyclables that has accumulated at the site in violation of yX $Alternate Bid 3: Price deduction for each month of Alternate Bid 2, if the property remains free of trash and debris and /or recyclables for 5 consecutive months, Code Enforcement may at its discretion reduce the number of months the site maintenance will continue. e Ott, a ft+_ 7"' COF, �� P City of Gilroy Code Enforcement Bid Form Location: 1221 Cypress Ct Requested Bid: A price to complete the work described in Exhibit A Alternate Bids: Please provide a separate bid for the following ongoing Site Maintenance Agreement items. $�Q�Alternate Bid 1: On completion of the site cleanup pursuant to Exhibit A, provide an alternate bid covering the cost for returning to the site once every two weeks for two months to remove any trash and debris and /or recyclables that has accumulated at the site in violation of City codes. $Q�Alternate Bid 2: On completion of Alternate Bid 1, provide a cost for returning to the site once a ie— month for 19 additional months after the first two months to remove any trash and debris and /or recyclables that has accumulated at the site in violation of City codes. $ ��Alternate Bid 3: Price deduction for each month of Alternate Bid 2, if the property remains free iof trash and debris and /or recyclables for 5 consecutive months, Code Enforcement may at its discretion reduce the number of months the site maintenance will continue. QsN/�Pu�ivC' 01/01/2010 00:01 18883213357 EYE LEVEL CONST PAGE 01/01 City of Gilroy Code Enforcement Bid Form Location: 1221 Cypress Ct � '. ���� . �O $g' log Requested Bid: A price to complete the work described in Exhibit A Alternate Bids: Please provide a separate bid for the following ongoing Site Maintenance Agreement items. �j� © D $ • r• DO. Alternate Bid 1: On completion of the site cleanup pursuant to Exhibit A, provide an alternate Q) bid covering the cost for returning to the site once every two weeks for two f� months to remove any trash and debris and /or recyclables that has accumulated at the site in violation of City codes. o/� S Alternate Bid 2: On completion of Alternate Bid 1, provide a cost for returning to the site once a month for 19 additional months after the first two months to remove any trash and debris and /or recyclables that has accumulated at the site in violation of City codes. O—MLZternate Bid 3: Price deduction for each month of Alternate Bid 2, if the property remains free of trash and debris and /or recyclables for 5 consecutive months, Code �_'C C)''1/' Enforcement may at its discretion reduce the number of months the site maintenance will continue. sLCX�s rC��ac6 /l8 j J, ne�c�a�v —f1� o-o��m, nguez 00y) 83b -190) R/9 iy A� �® CERTIFICATE OF LIABILITY INSURANCE "• oATE(MMIDD:YYYY) 11/03/201.4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPO[1 THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVER4GE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ESSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Monica Rodriguez NAME: g Rodriguez Insurance Agency PH No. Eatl: 408- 729 -7370 (ax No): 408- 729 -1013 E-MAIL monica.mrodri u mail.ci m ADDRESS: 9 �g 1648 Alum Rock Ave #A INSURERS AFFORDINGf:'OVERAGE _ NAIC # San Jose, CA 95116 INSURER A: Mesa Underwriters Specie)ty Insurance Company 36838 INSURED INSURER B INSURER C Affordable Hauling INSURER D: EACI'i OCCURRENCE ( 2000 Day Road INSURER E: ) Gilroy, CA 95020 INSURER F: COVERAGES CERTIFICATE NUMBER: REV.'SION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NF VIED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUViENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE) ZEIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ACCORDANCE WITH THE POLICY PFIOVISIONS. ADDL SUER AUTHORIZED REPRESENTATIVE: —' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I WVD I POLICY NUMBER MMIDDIVYYY L (MMIDDIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACI'i OCCURRENCE ( S 1,000,000 P- AgillS�ES 6aoccE Z 100,000 CLAIMS -MADE L "i OCCUR i S — ME.DD.'£XP (Any one person) 1 S 5,000 _ A Y MP0004008005378 11/03/2014 11l03l2015 i PER roNaLaADV INJURY IS 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GEN'iRAL AGGREGATE 1$ 2000,000 POLICY PEC7 LOC 111PR - COMPIOP AGG $ 1,000,000 Is t OTHER: AUTOMOBILE LIABILITY ANY AUTO Cot, /,3 SINGLE LIMIT Ea r Is ,cidom) 800aLY INJURY (Per person) $ ALL OWNED SCHEDULED I I�... — i tsuD� Y INJURY (Per accident) $ AUTOS AUTOS NON -OWNED .._ AUTOS 4tt—i HIRED AUTOS ! PRO., ERTY, ERTY DAMAGE Per sccident i .„----- )- -- $-- -- -- -- - - - -- UMBRELLA LIAB OCCUR i EAf,l 0(:CURRENCE AG EGATE _ $ i EXCESS LIAB ......._ 1. _,_....._FS _ ....._..,. CLAIMS -MADE. ! � I DED RETENTIONS I I I 5 WORKERS COMPENSATION i I t?CR OTH- U Ell AND EMPLOYERS''LIASILITY YIN ANY PROPRIETORIPARTNER /EXECUTIVE i i ?STAl E L IJi(.H ACCIDENT _.,____,__,_, _ OFFICERIMEMBER EXCLUDED? ❑ NIA ..,__.._.. _---- --._ $ ..---.-... ...-. - ----. ....._..._ (Mandatory in NH) E L riaEAbE - EA EMPLOYEE $ It yyes. describe under ---- ,______._.-- __. _,_,__.._..__,T...._........___ DESCRIPTION OF OPERATIONS below EA POLICY - POLICY. LtMiT $ VA t. DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace Is required) $� City of Gilroy, its officers and employees are named as additional insured Per the attached endorsement CG 2013 tiY CERTIFICATE HOLDER CANCFI 1 ATInN ©1988 -2014 ORC'i CORPORATION. A ights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESC£11BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE(F, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PFIOVISIONS. 7351 Rosanna St. AUTHORIZED REPRESENTATIVE: —' Gilroy, CA 95020 ©1988 -2014 ORC'i CORPORATION. A ights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD