HomeMy WebLinkAbout2009-04-28 City Council Item No. 11 CITY OF
LAKE
6LSINORE
r DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: April 28, 2009
SUBJECT: APPROVAL OF UNALLOCATED FUNDS FOR ABATEMENT OF
SUBSTANDARD BUILDINGS AT 111 LANGSTAFF STREET (REAR),
AND 434 AVENUE 5.
Background
In accordance with Lake Elsinore Municipal Code Chapter 15.08, Abatement of
Dangerous Buildings, two properties were identified as being substandard per the
California Building Code and placed into Structure Abatement. After following the
procedures outlined in the Abatement Ordinance, the City has now acquired jurisdiction
to abate these structures by demolition. Bids to perform the demolition work were
advertised, and demolition contractors submitted their bids to the City Clerk's office.
The bids were then opened under the authority of the City Clerk. The low bid for each
project is what is being presented for your review.
Discussion
In the course of normal day to day activities, Building & Safety and Code Enforcement
personnel will on occasion encounter properties that are dangerous, substandard and
unfit for occupancy, or otherwise present themselves as an attractive nuisance. When
these properties are identified they are placed into structure abatement to force action
by the owners of the property. In some cases the properties can be rehabilitated or
brought into compliance, others do not meet current Zoning and Building Code
regulations and must be demolished. The two properties mentioned above have gone
through this process and the owners have either failed to respond, or have not
submitted documentation and plans to show a willingness to rehabilitate the structures.
The majority of the structures that have been abated by the City in the past were eligible
for re- imbursement through the Community Development Block Grant Funding (CDBG)
that the City receives each year. To allow the City more flexibility with these funds, the
Agenda Item No. 11
Page 1 of 34
APPROVAL OF UNALLOCATED FUNDS FOR ABATEMENT
April 28, 2009
Page 2
CDBG funds earmarked for Abatement of Dangerous Buildings was transferred to Code
Enforcement personnel costs. Properties that now reach this stage of the abatement
process are brought before City Council to determine if the funds should be expended
and the abatement should go forward.
If approved by City Council, the costs associated with the abatement of these two
structures would be taken out of the City's unallocated funds. A demand letter would
then be sent to the individual owners of each property for the total cost incurred by the
City. If the owners do not pay the amount due within thirty days, the total cost of
abatement and administrative fees would be placed as a lien against the individual
properties and would not be recoverable until such time as the property was sold.
Fiscal Impact
The City currently has $711,183.00 in the Unallocated Revenue account. If City Council
approves the funding for these two demolitions the account would be reduced by
$12,680.00 leaving a balance of $698,503.00.
• 111 North Langstaff Street (rear) — if approved - $4,490.00
• 424 Avenue 5 — if approved - $8,190.00
$12,680.00
• Unallocated Revenue Account $711,183.00
• Demolition Costs $12,680.00
Balance $698,503.00
Recommendation
• Approve the use of unallocated funds to complete the abatement of the two
structures.
• Allow the structures to remain and have Code Enforcement continue to monitor
the properties to assure they are secured and free of transient activity.
Agenda Item No. 11
Page 2 of 34
APPROVAL OF UNALLOCATED FUNDS FOR ABATEMENT
April 28, 2009
Page 2
pp Y-G
Prepared by: Robin K. Chipman Y/
Building & Safety /Code Enforcement Manager
Approved by: Robert A. Brady
City Manager 1
ATTACHMENTS
1. Signed contract for each property.
2. Vicinity maps showing location of each property.
3. Picture of each structure.
Agenda Item No. 11
Page 3 of 34
AGREEMENT FOR JOB ORDER CONTRACTOR/
NON - PROFESSIONAL SERVICES
This Agreement for Job Order Job Order Contractor/Non - Professional Services (the
•
"Agreement ") is made and entered into as of the/ day of A/ / , 2002, by and
between the City of Lake Elsinore, a municipal corporation ( "City ") and All the Way Hauling
( "Contractor "),
RECITALS
A. Contractor is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Contractor possesses the skill, experience, ability, background, certification and knowledge to
provide the services described in this Agreement on the terns and conditions described herein.
C. City desires to retain Contractor to render the services and related work as set forth in this
Agreement.
AGREEMENT
1. Scope of Services.
a. Contractor shall perform the services described on Exhibit A which is attached hereto
and incorporated herein by reference. Contractor shall provide said services at the time, place, and in
the manner specified in Exhibit A, subject to the direction of the City through its staff that it may
provide from time to time and in such manner as to minimize inconvenience and potential hazards to
the City and the public.
b. Contractor shall furnish all necessary tools, equipment and vehicles at Contractor's
sole expense.
c. Contractor shall provide the City with at least two (2) contact telephone numbers that
can be called by City when emergency maintenance conditions occur. Contractor shall provide a
maximum of one -hour personnel response time upon notification.
d. Contractor shall require each of its employees and subcontractors to adhere to basic
Parks and Open Space standards of working attire which shall include basic uniforms, proper shoes
and other equipment and gear as is required by State of California workplace safety regulations.
Shirts shall be worn at all times, buttoned and tucked in.
e. Contractor shall display the organization or firm name on all of its vehicles. Such
display shall be legible from a distance to one - hundred (100) feet. In addition, Contractor shall, at its
sole cost and expense, display directly below the organization or firm name, a magnetic sticker with
the following message: "Under contract with the City of Lake Elsinore," a sample of which shall be
provided by City.
1
Agenda Item No. 11
Page 4 of 34
2. Time of Performance. The services of Contractor are to commence upon execution of this
Agreement and shall continue for a period of one year and may be extended for two consecutive one -
year extensions upon the approval of the City Manager, subject to the review of the City Council.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if
such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall submit monthly billings to City describing the work
performed during the preceding month. Contractor's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days
after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City requests that Contractor
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to
be necessary but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without
written authorization from the City Manager or his/her designee unless such work is verbally
requested in conjunction with an emergency maintenance request. Extra work will be invoiced
separately from services performed in accordance with the Scope of Services.
6. Termination. This Agreement may be terminated by the City or Contractor for cause upon
thirty (15) days' written notice of termination. This contract may be terminated by the City without
cause upon sixty (60) days written notice of termination. Upon termination, Contractor shall be
entitled to compensation for services performed up to the effective date of termination.
7. Reserved.
8. Contractor's Books and Records.
a. Contractor shall maintain any and alI ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
2
•
Agenda Item No. 11
Page 5 of 34
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Contractor's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Contractor's business, City may, by
written request by any of the above -named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Contractor, Contractor's representatives, or
Contractor's successor -in- interest.
9. Independent Contractor. It is understood that Contractor, in the performance of the work and
services agreed to. be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may
have to any such rights.
10. Interests of Contractor. Contractor (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement •
or any other source of income, interest in real property or investment which would be affected in any
planner or degree by the performance of Contractor's services hereunder. Contractor further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
11. Ability of Contractor. City has relied upon the experience and training of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent contractor
in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor, including but not limited
to, a City business license.
14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and agents
free and harmless from any liability whatsoever, including wrongful death, based or asserted upon
act or omission of the Agreementor, its employees, subcontractors, and agents relating to or in
anyway connected with the accomplishment of the work or performance of service under this
Agreement. As part of the foregoing indemnity, the Agreementor agrees to protect and defend at
3
Agenda Item No. 11
Page 6 of 34
•
Contractor's own expense, including attorney fees, the City, its offices, agents, and employees in any
legal action based upon any such alleged acts or omission.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance
with the laws of the State of California. In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the subcontractor's employees. Any
notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the •
City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of
subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If a commercial general liability insurance form
or other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general aggregate limit shall be
at least twice the required occurrence limit.
Automobile Liability Coverage. Contractor shall maintain automobile liability
insurance covering bodily injury and property damage for all activities of the Agreementor arising
out of or in connection with the work to be performed under this Agreement, including coverage for
owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000)
combined single limit for each occurrence.
iv. Contractual Liability Coverage. Contractor shall maintain contractual liability
insurance for protection against claims alleging negligent acts, errors or omissions which may arise
from Contractor's operations under this Agreement, whether such operations by the Agreementor or
by its employees or subcontractors. The amount of this insurance shall not be less than one million
dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per
occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a 13est+s rating of no Iess than A:VII and shall be endorsed with the
following specific language:
i , The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out of work
performed by or on behalf of the Agreementor, including materials, parts or equipment furnished in
connection with such work or operations.
•
4
Agenda Item No. 11
Page 7 of 34
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained
by the City, including any self-insured retention the City may have, shall be considered excess
insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability of the insuring
company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees, agents, or
volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been
received by the City.
c. Deductibles and Self - Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the City's option, Contractor shall demonstrate
financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein, unless such
insurance, endorsements and/or certificates are otherwise waived by the Director of Administrative
Services, Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the City
at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set forth below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
• Lake Elsinore, CA 92530
If to Contractor: All The Way Hauling
Attn: J.C. Rotellini
41605 Elm Street, #200
Murrieta, CA 92562
5
Agenda Item No. 11
Page 8 of 34
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
agreement between the City and Contractor. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City •
for entering into this Agreement is the reputation, experience and competence of Contractor and the
subcontractors listed in Exhibit D. Contractor shall be fully responsible to City for all acts or
omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the
Agreementor under this Agreement will be permitted only with the express consent of the City.
Contractor shall not subcontract any portion of the work to be performed under this Agreement
except as provided in Exhibit D without the written authorization of the City. If City consents to
such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
21. Severability. If any tern or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
•
exclusively in a state court in the County of Riverside.
23. Litigation. Expenses and Attorneys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in
interest. JAMS shall provide the patios with the names of five qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
6
Agenda Item No. 11
Page 9 of 34
25. Execution, This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to bind each respective party.
27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Contractor, to solicit or
secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any shall have any
financial or other person interest, direct or indirect, in this Agreement, or obtain any present or
anticipated benefit arising therefrom.
28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non- discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
IN WITNNESS WHEREOF the parties have caused this Agreement to be executed on the date
first written above.
CITY OF LAKE ELSINORE: CONTRACTOR:
By: 4 2y C T/e (✓, 't
ATTEST: Its :, /7/( 7 `& `z'"4 �!
City Clerk
7
Agenda Item No. 11
Page 10 of 34
APPROVED AS TO FORM:
City Attorney
•
8
Agenda Item No. 11
Page 11 of 34
Attachments: Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers' Compensation Insurance
Exhibit D - List of Subcontractors
•
9
Agenda Item No. 11
Page 12 of 34
EXHIBIT "A"
SCOPE OF SERVICES
1. Demolition, removal and disposal of substandard building at rear of 111 Langstaff
Street, including the removal and disposal of asbestos,
Agenda Item No. 11
Page 13 of 34
EXHIBIT `B"
SCHEDULE OF CHARGES
1. The total price of $4,490.00 which includes all dumping fees, labor, asbestos removal fees,
and necessazy permits.
Agenda Item No. 11
Page 14 of 34
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California
j
Executed on this 7 day of 4 i t < if 200t /7
California.
Contractor
Agenda Item No. 11
Page 15 of 34
EXHIBIT "D"
LIST OF SUBCONTRACTORS
[INSERT]
Agenda Item No. 11
Page 16 of 34
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement ") is made and entered into as of
the _ day of , 200, by and between the City of Lake Elsinore, a municipal
corporation ( "City ") and ( "Consultant ").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
Demolition Contractor
C. City desires to retain E rstrltant-to-r er- parefessi l-ee stiff -r g er-v-iees and related work
as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Perforrnance. The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of one (1) year.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $8,190.00 without additional
authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of
defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff. When payments made by City equal 90% of the
maximum fee provided for in this Agreement, no further payments shall be made until the final work
under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that
Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined
by City to be necessary for the proper completion of the Project, but which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not
perform, nor be compensated for, Extra Work without written authorization from City. Extra work
will be invoiced separately from services performed in accordance with the Scope of Services
1 Agenda Item No. 11
Page 17 of 34
6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the property of the City
upon payment to Consultant for such work, and the City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further
agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees
and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expenses in connection therein), arising out of the City's use
of such materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression, including but
not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents &
Data "). Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any and
all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant or provided
to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other Documents &
Data either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services are rendered, or any publicity
pertaining to the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent
of City.
2 Agenda Item No. 11
Page 18 of 34
8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above -named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor -in- interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his /her rendition of
information, advice, recommendation or counsel independent of the control and direction of the City
or of any City official, other than normal agreement monitoring; and
3 Agenda Item No. 11
Page 19 of 34
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Professional Ability of Consultant. City has relied upon the professional training and ability
of Consultant to perform the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical personnel
to perform all services under this Agreement. All work performed by Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant
to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any
licenses, permits, insurance and approvals which are legally required of Consultant to practice its
profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his /her employees in
accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or
non- renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
4 Agenda Item No. 11
Page 20 of 34 .
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non -owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less than one million dollars ($1,000,000) on a claims -made annual aggregate
basis, or a combined single Iimit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best% rating of no less than A:VII and shall be endorsed with the
following specific language:
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self - insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
5 Agenda Item No. 11
Page 21 of 34
c. Deductibles and Self - Insured Retentions. Any deductibles or self - insured retentions
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
financial capability for payment of such deductibles or self- insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the terra of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set forth below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Vizion's West, Inc.
Attn: Bob Earleywine, CEO /President
29226 Avenida Gaviota
Quail Valley, CA 92587
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Ageement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations
of the Consultant under this Agreement will be permitted only with the express consent of the City.
Consultant shall not subcontract any portion of the work to be performed under this Agreement
except as provided in Exhibit D without the written authorization of the City. If City consents to
such subcontract, .Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
6 Agenda Item No. 11
Page 22 of 34
•
21. Severability. If any teen or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
24, Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and. the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to each respective party.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non - discrimination shall include, but not be limited to, all activities related to initial employment,
7 Agenda Item No. 11
• Page 23 of 34
.....__.....
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date
first written above.
CITY OF LAKE ELSINORE: Ce LT NTT Contractor
^ / ,
izion's WM t, Inc.
40
ATTEST:
•
City Clerk
APPROVED AS TO FORM:
City Attorney
8 Agenda Item No. 11
Page 24 of 34
Attachments: Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers *Compensation Insurance
Exhibit D - List of Subcontractors
Agenda Item No. 11
Page 25 of 34
EXHIBIT "A"
SCOPE OF SERVICES
Demolition of Substandard Building Located at 434 Avenue 5
Agenda Item No. 11
Page 26 of 34
EXHIBIT "13"
SCHEDULE OF CHARGES
$8,190.00
Agenda Item No. 11
Page 27 of 34
EXHIBIT "C ".
CERTIFICATE OF EXEMPTION FROM WORKERS* COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California
Executed on this I I day of _ mad , 2009 at A , t ,
California.
Consult./ , izion's West, Inc.
Agenda Item No. 11
Page 28 of 34
POLICYHOLDER COPY
NF
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 12 -01 -2008 GROUP: 000044
POLICY NUMBER: 0022328 -2008
CERTIFICATE ID: 1
CERTIFICATE EXPIRES: 12
12-01-2008/12
CONTRACTORS STATE LICENSE BOARD NF LICENSE NUMBER:LICENSE# 812067
WORKERS COMPENSATION UNIT INCEPTION DATE:12 -01 -:2008
P 0 BOX 26000 DO:NF
SACRAMENTO CA 95826
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
THORIZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - LLOYD EARLEYWINE, PRES,SEC,TREAS - EXCLUDED.
ENDORSEMENT #1600 - BRIAN SCOTT SMITH, DIRECTOR - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12 -01 -2005 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
VIZIONS WEST INC. NF
29226 AVENIDA GAVXOTA
QUAIL VALLEY CA 92587
[B17,NF]
Agenda Item No. 11
IREV.2-05) PRINTED 01 -05 -2009 Page 29 of 34
EXHIBIT "D"
LIST OF SUBCONTRACTORS
•
[INSERT]
ECTI as needed Hazardous Waste Disposal
GPS as needed Equipment Rental
Agenda Item No. 11
Page 30 of 34
VICINITY MAP
APN 374 - 154 -0
111 1/2 LANGSTAFF STREET
r
I r d
i , : ,'.??-.2 it, ,. „.,, .... , , ,,,,„ .;,„. , - i "/--/E.,itf, ....4,s ,,,,it,, —',:..„,. ;',i.01 4P - 7
' . . 1" g 4 a I mo,
' - " AirtP / 0
ak yr ti , ' its, :,„..4,0,,,, 0„ ,,,,,,..-.,.: v ,..„1.,.,..„, '-' '-'441,/ ' ,. - , , . : .4 ; .- -..."--,, , , , -7 4
'. a a., +.: . '
r d
9
..„.7 ''''''t'iiimet„ - It r:,-, .' ' , .i.i.7 , at, ,, , -' ' .°,7r. :,--,,., : ,, ,„ 1 , j
':' ii '''',!:fi",_.," , : ' 4 . aCI, iiiitt , .„, '4.,,,, . — 1 ' lit . , .-- ,. '''.,,", "..: ,.. , Y , :,,fi il. .. . r., ' '' '?:. '''''7!(:',
I t t4
/1
w i ?
.� Fes,
x
' "';-2.-..'"7''',.- .''' '''..- ..,;.- , "IN ' ' y. t
{ *,( e2t'w . r
LL fi x#. r Xi k �..' . ._,,,.,„,...,..„,,z..,., ,,,.,... .,..,,,_..,,.. .
t ° S +: p." 3 %�„4 c , r aka c? Rg V 4
a
:r
#
Agenda 1
Page Item 31 No. of 34 1
VICINITY MAP
APN 373 - 083 -002
434 AVENUE 5
7 X 455. "yn
� r
E a
b
,
COLE ST
a
:,
q..
a
w o . ,
,_ .
as 1
�, +
a
PELL ST . w
x
Y ,R . , sR r '1 a a' "'"w b,. $, �'
s .4f: :4 .::;"' 14 ',' rif '4. 7K/i11.1 :it'''r ,,.. ' .. ' " '' -,'.;"" ' ''t , ' ' .:414, .t.'
,,:, f-!,,-.4.4-. i , - :::4,,,„,.; . K f'
a.
ILL ST ° ,. �. � � ,x MIL a m �
I `
'a_
4" s
Agenda Item No. 11
Page 32 of 34
, jam *wxu,w.e.x i
Sam
'' .-is7--,;,:,:,,,,,i,iii„,.,. x , ! * � tea 1 .,... . .. `k^ : : :
a , - .,.- k
if . ,.,
y t,fw x y� r ar
d
%i ^ # J'1^ y' y '� d .,_ •. �� i }d '•F , Y{ ,
,�''" 41 ', -,,,a. a -_ � "`,f,a x - s r a , - ''^ 4 w,.. s.4' „' «.S r, L y
o f j� 4t' Via w" ` *"
!R *Yi r.s 'y' "era t•
' °".
: ' :
w , :
; 1 II ir: 7 ,, : # 7 ,-. : ...1!
1 1 1 i • . , . .,.
..... 4 ,,, .
. , „,
..,...., . ...
.. .
1 ,. ..
, i . ,
, . ,
. . i
, ,
1 ! sap .y� t, # f .,
, w k .,.�..,.., -..». ,. ..,... ......�..w ---
... "._ • •
-------- •, ...........
x
• Ala, }� ..�... ,..,.'".
«, � z.a t......:*" ..,�
'Si a a;�Yt'Y" + r
' II' ' 1 ..• +. , ...,, ; ,,,,, — :il
Item
111 N N. LANG S TAF F ( REA � Page 33 of 34
t kx+ N k Y a
; w L
«iSP j / » . 434 :i'a e , *'. 4M 1'
434 AVENUE 5 Agenda Item No. 11
Page 34 of 34