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HomeMy WebLinkAboutJacy Bolden/JBC Groups LLC; 2007-03-01;AGREEMENT FOR ENVIRONMENTAL/SOLID WASTE CONSULTING SERVICES (JACY BOLDEN / JBC GROUPS, LLC) ,THIS AGREEMENT is made and entered into as of the / _ day of MlYV\qC>A 20 CT-) by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and JACY BOLDEN / JBC GROUPS, LLC, a Contractor. RECITALS City requires the professional services of an environmental/solid waste consultant that is experienced in construction and demolition ordinances. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1." Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. This Agreement will be effective for a period of one (1 ) year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be four thousand nine hundred thirty dollars ($4,930). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. Status of Contractor. Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version #04.04.02 6. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred thousand dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General and Automobile liability. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 8. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. Termination. City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. Amendments This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version #04.04.02 14. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR JACY BOLDEN / JBC GROUPS, LLC *By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) City Manager or Mayor or Authorized Signatory ATTEST: (print name/title) (e-mail address) LORRAINE M. WOOD City Clerk (sign here) (print name/title) (e-mail address) ^..^ **'i,*,.TX If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President 'Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:_ )eputy City Attorne City Attorney Approved Version #04.04.02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California UsCounty of. Date personally appeared 'S before me,\Al.rQS , Name and Title of Officer (eg , Jane Doe, Notary Pubflc") Name(s) of Signer(s) SANDRA CiSNEROS | Commission # 1657888 I Notary- Public - California | Los Angeles County jf My Comm, Expires Apr 11.201 Of Place Notary Seal Above D personally known to me proved to me on the basis of satisfactory evidence) to be the persons whose name^ is/are' subscribed to the within instrument and acknowledged to me that Jse/she/they executed the same in JaiS/her/tHtfir authorized capacity (JeS), and that by his/her/their signature^) on the instrument the personterf, or the entity upon behalf of which the personj^) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: •RIGHT THUMBPRINT ' Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: (RIGHT THUMBPRINT Top of thumb here _ _ _ __ ___ _ _ __ © 2006 Nafional Notary Association • 9350 De Soto Ave , P O Box 2402 • Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toll-Free 1-800-876-6827 The JBC Groups, LLC Jacy M. Bolden Proposal for Services Construction & Demolition Debris Policy Following is a proposed scope of work and timeline for to assist the City of Carlsbad in the development of a Construction & Demolition (C&D) Debris Policy. In conjunction with other recycling and waste prevention programs implemented by the City, the development of a C&D Policy is intended to assist the City in maintaining their goal of 50% waste diversion as mandated by Assembly Bill 939 (AB939). Currently there are numerous jurisdictions throughout the State of California that have adopted various types of C&D programs with the goals of increasing their diversion rates or, at the very least, protecting their current diversion rate. Primary activity areas will include the following: Taskl Meeting to discuss existing situation: city future growth and development plans, assess existing knowledge and ideas for program approach, project timeline, etc. Task 2 Review prior twelve months of permit history to categorize size, scope and dollar value of construction, demolition, remodel and tenant improvement projects. Objective is to determine threshold options for the City to consider (e.g. top 5%, 10%, 15% of permits by size and/or dollar value) for the development of their C&D Policy. TaskS Prepare and discuss threshold levels and future growth/development plans with staff as it pertains to increased staffing attention for review and/or approval of Resource and Solid Waste Management Forms presented by applicants. Task 4 Create updated listing of types of C&D programs currently existing and proposed in the San Diego County region. Develop listing of current and proposed C&D facilities for San Diego region. Review and update listing of C&D programs in jurisdictions that have mature programs, such as Santa Monica and San Jose (review a minimum of 4 programs). Task 5 Create overview spreadsheet w/ various program highlights to discuss pros, cons, lessons learned - deposits vs. no deposits, use of certificates of occupancy, staffing requirements, incentives, penalties, etc. Confidential Page 1 2/1/2007 Task 6 Preparation and meeting to discuss overview spreadsheet and present options for City to consider Task 7 Draft Policy and develop presentation information for presentation to City Council. PROJECT TIMELINE AND COST PROJECTIONS Task Time Hours Cost Mos Taskl Task 2 TaskS Task 4 Task 5 Task 6 Task 7 1 X X X 2 3 4 5 6 7 8 9 10 11 12 XXX X X XXX 3 5 3 18 4 5 20 $ $ $ $ $ $ $ 255 425 255 1,530 340 425 1,700 Total 58 $ 4,930 Rates at this time will be $85.00 per hour and this offer is good for 30 days. In the unlikely event of a need for an adjustment, a written request would be submitted to the City in advance. Billing will be on a monthly basis, based on hours completed and reported; payment is due within 30 days. All invoices for work will be presented to the City of Carlsbad by Solana Center for Environmental Innovation. Additional services available: Representation: Attendance at meetings (in person/by phone) with: City Planning Department Staff City Council Meeting(s) We agree to the above noted scope, timeline and not to exceed rate structure. The JBC Groups, LLC City of Carlsbad Jacy M. Bolden Project Manager Date: _ Date: Confidential Page 2 2/1/2007 REQUEST FORM - AUTO LIABILITY FACTORS IN SUPPORT OF REQUEST TO MODIFY AUTOMOBILE INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s) entirely. Requested by: Dan Weinheimer, Public Works - Admin 11-15-2006 (Name and Department) (Date) The proposed modification(s) to the insurance requirement for Jacy Bolden/ The JBC Groups, LLC is: (Name of contract) a Coverage in the amount of: $ . a FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) a Category Assumption(s) NA: Category assumptions are not applicable, [explain]* a No Auto Use Required: All work is done off-site and/or requires no use of an automobile.* [this is not necessary if evident in scope of work] Iff Amount of driving required: Occasional meetings with staff or one/few site visits for a service such as * maintenance.* a Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product.* Q Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain: include number of candidates RFP sent to and number responded if applicable]* Q Contract Amount/Term of Contract: $ . Work will be completed over a period of _ a Other*: * "Employment" below must be completed. Employment: There is a negligible chance that the City will be liable for damages related to a vehicle accident because the risk of a finding that the Contractor is employed by the City is negligible, [explain} Mg-i-n-r wu'ill gttUo r^'1 -b> fifrlVvg, To (vtig-wJl a-g-firTAf -no t;- Approved by City Attorney for this contract only: (Name and Department) (Date) REQUEST FORM - PROFESSIONAL LIABILITY FACTORS IN SUPPORT OF REQUEST TO MODIFY PROFESSIONAL LIABILITY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: Dan Weinheimer, Public Works - Admin (Name and Department) The proposed modification(s) to the insurance requirement(s) for Jacy Bolden of JBC Groups, LLC is: (Name of contract) Q Coverage in the amount of: $ a FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) a Category Assumption(s) NA: Category assumptions are not applicable, [explain] Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [Explain] Contractor has worked for City. She is a sole proprietor, working from her home to provide the work specified. a Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] a Contractor's work-product is recommendations only; no design or other work-product for which there is no in-house expertise, [explain]: Contractor has specific knowledge to this project and work is to provide City recommendations Q Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. a Other (e.g. explain why exposures minimal, how exposures covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Approved by City Attorney for this contract only: (Signature) (Date) CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, JACY BOLDEN , am the SOLE PROPRIETOR of THE JBC GROUPS. LLC . I hereby certify that THE JBC GROUPS, LLC has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should THE JBC GROUPS, LLC employ any person during the term of the Agreement with the City of Carlsbad for DEVELOPING A CONSTRUCTION & DEMOLITION (C&D) DEBRIS ORDINANCE AS NOTED IN EXHIBIT "A" OF THE AGREEMENT (PWENG580) . then workers' compensation and employers' liability insurance will be obtained.* Jacy Bolden Date THE JBC GROUPS. LLC * THE JBC GROUPS, LLC is a subcontractor for the Solana Center for Environmental Innovation that the Agreement with the City of Carlsbad is with.