HomeMy WebLinkAboutContracts & Agreements_23-2017 AGREEMENT FOR IRRIGATION AND CITRUS PLANTING SERVICES
This agreement for the provision of irrigation and citrus tree planting of the Best Citrus
Grove ("Agreement") is made and entered in this 7"' day of February, 2017 ("Effective Date"),
by and between the City of Redlands, a municipal corporation ("City)" and Larry Jacinto
Fanning, Inc ("Contractor") City and Contractor are sometimes individually referred to herein
as a "Party" and, together, as "Parties " In consideration of the mutual promises contained herein,
City and Contractor agree as follows
ARTICLE 1 —ENGAGEMENT OF CONTRACTOR
1 1 City hereby engages Contractor to perform irrigation and citrus tree planting services for
the City's Best Citrus Grove located at southwest corner of California Street and the I-10
Freeway in the City of Redlands (the"Services")
1 2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services
ARTICLE 2—SERVICES OF CONTRACTOR
21 The irrigation and citrus tree planting services which Contractor shall perform are more
particularly described in Scope of Services ("Services") which are attached hereto as
Exhibit "A," and incorporated herein by this reference
22 The scope of services shall include but are not limited to rough grading, soil testing,
planting of 784 new Washington Navel Citrus trees, and installing a new and efficient
irrigation system Contractor shall perform if needed, additional services necessary for
the irrigation and planting of Best Citrus Grove
23 Contractor shall comply with applicable federal, state and local laws and regulations in
the performance of this agreement including, but not limited to State prevailing wage
laws
ARTICLE 3 —RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services
32 City designates Chris Boatman, as City's representative with respect to performance of
the Services, and such person shall have the authority to transmit instructions, receive
information interpret and define City's policies and decisions with respect to performance
of the Services
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ARTICLE 4—PERFORMANCE OF SERVICES
41 The Services shall commence within six (6) months of the Effective Date of this
Agreement
ARTICLE 5 —PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor's performance of the Services shall not exceed the
amount of$85,825 00 as specified in Exhibit `B" for the term of the agreement
52 Contractor shall submit an invoice to City describing the Services performed at the
completion of the project Contractor's invoices shall include a brief description of the
Services perfonned, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the project City
shall pay Contractor no later than thirty (30) days after receipt and approval by City of
Contractor's invoice
53 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date
of delivery in person, (ii) five (5) days after deposit in first class registered mail, with
return receipt requested, (iii) on the actual delivery date if deposited with an overnight
courser, or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail, in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section
city Contractor
Chris Boatman Larry Jacinto
Quality of Life Director President
City of Redlands Larry Jacinto Fanning, Inc
35 Cajon Street, Suite 222 955 Wabash Ave
P O Box 3005 (mailing) Redlands, CA 92374
Redlands, CA 92373
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6 1 Insurance required by this Agreement shall be maintained by Contractor for the duration
of its performance of the Services Contractor shall not perform any Services unless and
until the required insurance listed below is obtained by Contractor Contractor shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty (30) days prior
written notice to City
62 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self-insured or exempt from the workers' compensation laws of
the State of California Contractor shall provide City with Exhibit "C," entitled
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"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference
63 Contractor shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
64 Contractor shall have business auto liability coverage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability
and property damage liability This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision of the Services, hired and non-owned
vehicles, and employee non-ownership vehicles City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City
65 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, ansing from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Contractor, or its
officers, employees and agents in performing the Services
ARTICLE 7—CONFLICTS OF INTEREST
71 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Contractor's Services 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
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72 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor
A Does not snake a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law,
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement,
(iii) authorize the City to enter into, modify or renew a contract,
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract,
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof
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B Does not serve in a staff capacity with City and, in that capacity, participate in
snaking a governinental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
87302
73 In the event City officially detennines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Donn 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk
ARTICLE 8—GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party
82 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the ten-ns and conditions of this Agreement
8 3 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Contractor in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole
risk
84 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth Contractor shall supply all necessary tools and instrumentalities required to
perforin the Services Assigned personnel employed by Contractor are for its account
only, and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to
bind City to any obligation
85 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City, provided, however, this Agreement
may be terminated by City, in its sole discretion, by providing not less than ten (10) days
prior written notice to Contractor of City's intent to terminate, this Agreement may be
terminated by Contractor by providing written notice to City of Contractor's intent to
terminate
86 If this Agreement is tenninated by City, an adjustment to Contractor's compensation
shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed
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Services, and (ii) any payment due to Contractor at the time of termination may be
adjusted to the extent of any additional costs to City occasioned by any default by
Contractor Upon receipt of a tennination notice, Contractor shall immediately
discontinue its provision of the Services and, within five (5) days of the date of the
termination notice, deliver or otherwise make available to City, copies (in both hard copy
and electronic form, where applicable) of project related data, drawings, specifications,
reports, summaries and such other information and materials as may have been
accumulated by Contractor in performing the Services Contractor shall be compensated
on a pro-rata basis for Services completed up to the date of termination
87 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor pursuant to this Agreement Such books shall be available at reasonable times
for examination by City at the office of Contractor
8 8 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor
89 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed
in confirmation of this Agreement
CITY OF RED(LANDS COMPANY
B . .ec k 1h - BY
aul Faster, y Mayor Ja Pre dent
Y Y >
ATTEST
Liw�6�
J e Donaldson, City Clerk
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EXHIBIT "A"
Scope of Services
Light grading, planting of seven hundred and eighty-four (784) Washington Navel orange trees
and installation of drip irrigation lines at the Best Citrus Grove, located on the southwest corner
of Interstate 10 and California St approximately 7 acres in size
The work generally includes, but is not limited to
• Purchasing of Washington Navel Orange Trees with a one-year guarantee with
approval from City
• Rough Grading and Soils Testing
• Weed removal
• Planting+- seven hundred and eighty-four(784) Washington Navel Orange trees
+ Drip irrigation installation
• Maintenance for a period of 30 days after trees are planted with approval from City
• Provide tree wraps, ndomil and lorsban granulars, on each new planted Washington
Navel citrus tree
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EXHIBIT "B"
The compensation for Contractor's performance of the Services shall not exceed the amount of
$85,825 00 for the term of the Agreement
item No Bid Item I tatty I BIDDER's NAME HERE
Unit Price I Item Price
BASE BID"A"
Al Mobilization and Demobilization 1 LUMP SUM $ 6,300.00
A2 Rough Grading (Acres) 7 $ 1,171.42 $ 8,199.94
A3 Weed Removal (Acres) 7 $ 214.28 $ 1,499.96
A4 Soils Testing and Report 1 LUMP SUM $ 800,00
A5 Purchase of City Approved Nursery Washington Navel Oranges 784 $ 22.33 $ 17,506.72
A6 Drip Irrigation System 784 $ 37.88 $ 29,697.92
A7 Planting Washington Navel Oranges 784 $ 18.50 $ 14,504.00
A8 30 Days Maintenance 784 $ 2.00 $ 1,568.00
A9 Provide tree wraps, ridomil and lorsban granulars 784 $ 5.00 $ 3,920,00
A10 Provide drip irrigation as a normal watering schedule during planting 784 $ 2.33 $ 1,826.72
TOTAL BID PRICE WHEN ADDED $ 85,823.26
TOTAL ON SUBCONTRACTOR'S WRITTEN BID PRICE $ 65,825.00
DIFFERENCE BETWEEN THE TWO $ 174
TOTAL BID PRICE tib,tilb 00
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance
elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §186 1)
I affinn that at all times, in performing the work and activities required or pennitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the lawso the State of California that the information
and representations made in th certificate are e and correct
Larry Jacinto Farm , I c Date /2Z /qt--L7
By
Larry J into President
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