HomeMy WebLinkAboutJBC Groups LLC; 2008-01-09;PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between The JBC Groups, LLC (Contractor) and the City
of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to
assess and prepare annual reports for 2006 and 2007 on the City's solid waste program and its
diversion rate, per the Contractor's proposal dated October 29, 2007, attached hereto as Exhibit
"A", and City specifications, for a sum not to exceed two thousand seven hundred and 00/100
dollars ($2,700.00). This work is to be completed within 16 months after issuance of a Purchase
Order.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License
2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its agents, officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of this Contract or work; or from any failure or alleged failure
of the contractor to comply with any applicable law, rules or regulations including those
relating to safety and health; except for loss or damage which was caused solely by the active
negligence of the City; and from any and all claims, loss, damage, injury and liability,
howsoever the same may be caused, resulting directly or indirectly from the nature of the
work covered by this Contract, unless the loss or damage was caused solely by the active
negligence of the City. The expenses of defense include all costs and expenses, including
attorney's fees for litigation, arbitration, or other dispute resolution method.
3. Contractor shall furnish policies of general liability insurance, automobile liability insurance
and a combined policy of workers compensation and employers liability in an insurable
amount of not less than five hundred thousand dollars ($500,000) each, unless a lower
amount is approved by the City Attorney or the City Manager. Said policies shall name the
City of Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers
that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are
admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of
insurance with contracting department prior to the signing of the contract by the City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues,
Ordinances and Regulations, including Workers Compensation laws (Division 4, California
Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101
through 1525), to include but not limited to, verifying the eligibility for employment of all
agents, employees, subcontractors and consultants that are included in this Contract.
5. The Contractor 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. ^^wL^r init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is gn
the City of Carlsbad to disqualify the Contractor from participating in contract biddin
init init
Revised 9/28/00
7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
8. The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of
the California Labor code, a current copy of applicable wage rates is on file in the office of the
City Engineer. The contractor to whom the contract is awarded shall not pay less than the
said specified prevailing rates of wages to all workers employed by him or her in the execution
of the contract.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Laura Branca Public Works 1635 Faraday Avenue Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
The JBC Groups. LLC
(Name of Contractor) (Contractor's License Number)
(Print Name and Title)
* _ ._- « V ^. ji-^v — i ^> __ ! A. I _"*«bl . ,- ^f 1
Y (E-mail Address)
By:
(Sign Here) (Print Name and Title)
Department Head Date
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. 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:
- 2 ~ Revised 9/28/00
Exhibit "A"
The JBC Groups, LLC
Jacy M. Bolden
Proposal for Services
AB939 Annual Report Technical Assistance
Following is a proposed scope of work and timeline for the review and final preparation
of the 2006 AB939 Annual Report as it pertains to the City of Carlsbad. The review will
include analysis of: franchise hauler recycling and solid waste tonnage, landfill disposal
tonnage, as well as overview and updating of AB939 program narratives for
recycling/waste diversion/waste prevention programs.
Primary activity areas will include the following:
- Compare/contrast franchise waste/recycling hauler's residential, commercial,
industrial recycling tonnage for calendar years '05, '06
o objective is to note trends and any potential tracking errors
- Compare/contrast franchise waste hauler's residential, commercial, industrial
solid waste tonnage for calendar years '05, '06
o objective is to note trends and any potential reporting errors
- Review landfill disposal for calendar years '05, '06
o objective is to note trends, any potential reporting errors and
provide discussion for possible future actions
- Review historical AB939 program reporting narratives, update programs
as needed
- Additional information gathering and data tracking for calls to large venues
and events coordinators to gather data for recently required venues and
events reporting by CIWMB. Assistance by City Staff can cut time required
- Provide on-line Annual Report ready for City staff to approve for submittal to
CIWMB
PROJECT TIMELINE AND COST PROJECTIONS
Task Time Hours Cost
Mos
Taskl
Total
1 2 3 4 5 6 7 8 9 10 11 12
X 15 $1,350
NTE 15 $1,350
Rates at this time will be $90.00 per hour and this offer is good for 30 days. Each task
area rate and the final overall rate of $1,350 are noted as "Not To Exceed" (NTE) rates.
Confidential Page! 10.29.07
Printed on Recycled Paper
In the unlikely event of a need for an adjustment, a written request would be submitted
to the City in advance.
Billing will be at project completion, based on hours worked; payment is due within 30
days. All invoices for work will be presented to the City of Carlsbad by The JBC
Groups, LLC.
Additional services available:
Year 2 - 2007 Annual Report Analysis and Preparation
15 hrs @ $90/hour = $1,350
Analysis to parallel Year 1 work. Price is quoted as "Not To Exceed"
Proposal allowed to be amended for staff training purposes should the City
decide to bring the Annual Report analysis and preparation work in house.
Representation:
Attendance at meetings (in person/by phone) with:
Franchised Waste Hauler
CIWMB Staff
CIWMB Board Meetings (to include time & travel expenditures)
We agree to the above noted scope, timeline and not to exceed ratastructun
TrVeJkJBS'Groups, LLC City of Carlsbad
Jacy M. Bolden
Project Manager
Date: * _ Date:
Confidential Page 2 10.29.07
Printed on Recycled Paper
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 TECHNICAL ASSISTANCE FOR ANNUAL REPORT
PREPARATION, then workers' compensation and employers' liability insurance will be obtained.
JACY BOLDEN
Name
Signature
THE JBC GROUPS. LLC
Owner of
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
requirements) entirely.
Requested bv: JohnMcKelvey 11-06-2007
(Name and Department) (Date)
Jacy Bolden/ The JBC Groups, LLCThe proposed modification(s) to the insurance requirement for
(Name of contract)
a Coverage in the amount of: $
Q
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
Q Category Assumption(s) NA: Category assumptions are not applicable, [explain]*
Q 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]
a 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.*
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 Contract Amount/Term of Contract: $ . Work will be completed over a period of.
a Other*:
* "Employment" below must be completed.
a 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}
Consultant will only need to drive to attend meetings - no other use of car required - one or two
meetings needed.
Approved bv City Attorney for this contract only:
(Name and Department) (Date)
WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested bv:A J
(Name and Department) (Date)
Proposed modification(s) to the/r-*^ i £ requirement(s) for
(Type of insurance) (Name of contract)
Of-
Reduce coverage to the amount of: $
Waive coverage
Other:
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
I [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]
I [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]
^Contract Amount/Term of Contract: $ . Work will be completed over a period of.
[^Professional Liability coverage is not available to this contractor or would increase the cost of the contract by
$ _ [explain]. _
(e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and any other information pertinent to your request): SJ5ir&r?$d^£:'s~~ £,J-r //
yh
Approved bv Risk Manager for this contract only:
(Signature) (Date)
H:\WORD\Insurance\Admin Order #68.doc
06/15/2006 27