Loading...
HomeMy WebLinkAboutContracts & Agreements_155-2017 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES This agreement for the provision of Gopher and Fire Ant Abatement and Control Services ("Agreement") is made and entered in this 18th day of July, 2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and California Agri Control, 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 I —ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to provide gopher and fire ant abatement control services (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 2 I The Services that Contractor shall perform are more particularly described in Exhibit"A," entitled"Scope of Services,"which is attached hereto and incorporated herein by reference 22 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 3.2 City designates Chris Boatman, Quality of Life Director, 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 ARTICLE 4—PERFORMANCE OF SERVICES 41 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit"A," entitled "Scope of Services,"which is attached hereto and incorporated herein by reference The Services shall commence within ten (10) days of the Effective Date of this Agreement 42 The term of the Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial 1 I IcaldjmlAgreements\Califorma Agri Control.2417 docx Term of this Agreement by two (2)one-year additional terms(each, an"Extended Term"), on the same terms and conditions hereof, by providing written notice to Contractor at least thirty(30)days prior to the expiration of the Initial Term or any Extended Term The Initial Term and the Extended Terms are hereinafter referred to as the "Term"of this Agreement ARTICLE 5 —PAYMENTS TO CONTRACTOR 5 1 The total compensation for Contractor's performance of the Services shall be in the not-to- exceed amount of Seventeen Thousand Five Hundred Ninety Two Dollars ($17,592) per each consecutive twelve-month period of providing Services, billed in accordance with schedule of work and bid prices identified in Exhibit"A," entitled "Scope of Services " 52 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed,the dates the Services were performed,the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Contractor no later than thirty(30) days after receipt and approval by City of Contractor's invoice 54 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 mall,with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, 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 Paul Black, President Quality of Life Director California Agri Control, Inc City of Redlands 14303 Descanso Drive 35 Capon Street, Suite 222 Lake Mathews, CA 92570 P O Box 3005 (mailing) Redlands, CA 92373 Such addresses may be changed by notice to the other Party given in the same manner as provided above ARTICLE 6—INSURANCE AND INDEMNIFICATION 6 1 Insurance required by this Agreement shall be maintained by Contractor for the diaration 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 2 I 1ca1djmlAgreementslCaliforma Agn Control.2017 docx 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 Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall provide City with Exhibit "B," entitled "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 secure and maintain 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 Consultant 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, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by,or the willful misconduct of,Consultant,or its officers, employees and agents in performing the Services ARTICLE 7—CONFLICTS OF INTEREST 7 1 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 72 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractoi A Does not make a governmental decision whether to 3 11caldjm\Agreenents\Califorma Agri Control 2017 doex (i) approve a rate, rule or regulation, or adopt or enforce a City law, (if) 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 of for any subdivision thereof B Does not serve in a staff capacity with City and, in that capacity,participate in making a governmental decision or otherwise perform the same of 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 determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE S—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 terms and conditions of this Agreement 83 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 of Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform 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 4 1 IcaldjmlAgrecmentslCahfornta Agn Contro4.2017 docx 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 If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due 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 termination 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 86 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 87 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 8 8 This Agreement shall be governed by and construed in accordance with the laws of the State of California 5 11ca1djm\Agreements\Cahforma Agri Control,2017 dacx IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS CALIFORNIA AGRI CONTROL, INC By (,` By rPresident Paul W Foster, Mayor aullac ATTEST tom_ 7e Donaldson, City Clerk 6 1\ca\djm\AgreementslCa1 forma Agri Control 2017 doex EXHIBIT "A" SCOPE OF SERVICES PART 5 PRICE AND FEE BID {3 Request for Bid#00LOS112017S Gopher Abatement&Control CA In . .1 with the scope of work of the contract, Paul Black, President hereby proposes the following schedule of compensation, A.Quote Price-4 TIMES PER MONM SER1rIGE t"4 times o month x 12 months GOPM SERME B.Park C.Annual E.Total Price A.DQscrip►GTan Acreage Total D.Unit Price (C x D-E) Community Park.&basebaIf fields Al 1535 N Church 5t. 91 48 $19.00 $ 91200 Crafton Paris A2 601 N Wabash Ave 68 48 $ 19.00 $ 912 00 Israel Beal Park A3 253 Riverview€}r 7.8 48 $ 1900 $ 912.00 Oakmont Park A4 31212 Sutherland Dr 15 49 $ 19.00 $ 91200 Prospect Park A5 352 Prospect Or 35 48 $ 1900 $ 912.00 Redlands Sports Park A6 1790 N.Dearborn St. 48 48 $ 19.00 $ 912.00 Texonia Park A7 1321 Texas St 11 48 $ 19.00 $ 91200 The Terrace AS 106 E Colton Ave.&500 E.Colton Ave 2.5 48 $ 1900 $ 912.00 A1-AS TC TALS; S 7,298,00 Sewers thousand two hundred ninety six dollars and nar100 Al-AS TOTAL WRITTEN IN WORDS- RfBKQUL(i5isZD;iJSG3oht•A6atemPn &Ccrlro Page 17 of 22 7 11ca1djmlAgreements\California Agri Control.2017doex PART 5 PRICE AND FEE BID Request for Bid#01]1-051120178 Gopher Abatement&Control In conformity with the scope of work of the oordract, Paul Black, President hereby proposes the following schedule of oornpensation B. Quote Price-2 77MES PER MONTH SERt/fCE(2 times a month x 12 months)GOPHER Sawar A_Description EAaeage G Annual D.Unit Price I E.Total Price Total E �C x 13=E) 81 Brookside Park 1630 Brookside Ave 9.3 24 $ 24 00 $ 576.00 02 Ford Park 955 Parkford Dr. 20 24 $ 24.00 $ 57600 83 Heritage Park 11126 Iowa St. is 24 $ 24.00 $ 57600 84 Jennie Davis Park 923 W.Redlands Blvd 4 24 $ 2400 $ 576.00 B5 Smiley Park 169 S Eureka St. 92 24 $ 24.00 $ 576.00 BG Sylvan Park 730 Chapel St 23 24 $ 24.0 $ 576,00 61-86 TOTALS. $ 3.4.56.00 Three thousand four hundred fifty six dollars and noffDO B1-87 TOTAL WRITTEN IN WORDS 11ca1djmlAgreements\Cahforma Agri Control.2017 docx PART S PRICE AND FEE BID Request for Bid#WL0511 Z017S Gopher Abatement S Control In conformity with the scope of work of the contract, Paul Black, President hereby proposes the following schedule of compensation C Quote Pace-EVERY OTHER MONTH GOPHER SERVICE A.Description B.Park C.Annual D.Unit E.Total Price Acreage Total Price (C x D=E) C1 I Caroline Park 320 W Sunset Dr I 17 6 $ 30.00 $ 160.00 C1 TOTALS: $ 18000 One hundred eighty dollars and no/100 C1 TOTAt WRITTEN IN WORDS D.Quate Price-3 TIME A MQNTif ONCE A MONTH x 1211fCMtT'6 GOPHER SElI Vitt D.Total A.Description B.Annual Total C.Unit Price Pske Barton Rd medians D1 (San Mated to Terracina) 12 $ 15-00 $ 190.00 Brookside Ave medians D2 (Orange Ave to San Mateo) 12 $ 1500 $ 180.00 California 5t medians (first median north of Orange free 03 Lane) 12 $ 15.00 $ 180.00 Eureka St medians D4 (Pearl 5t,to Redlands Blvd.) 12 $ 1500 $ 1$8.00 West State Street medians D5 (Tennessee 5t to New York St,) 12 $ 1500 $ 18000 D1-D5 TOTALS. $ 900.00 Nine hundred dollars and no/104 D1-D5 TOTAL WRITTEN IN WORDS. 9 1%ca1djmlAgreements%California Agri Control 2017.docx ALTERNATE QUOTE E. Quote Pate-2 TIMES PER MONTH SERVICE(2 UMM a mmnth x I2 months) E.Quare Price-ON AN AS-NEEDED BASIS GOPHER SERVIa --- A.Description B.Annual Total � C,Unit Price D.Total Price I Icsxc=D� I E1 Civic Center 35 Cajon St 12 $ 0 $ 0 E2 Corporate Yard 1270 W Park Ave 12 $ 0 $ 0 E3 Ed hates Park 101 E State St. 12 $ 0 S 0 E4 Lincoln Shrine 125 W Viae St. 12 S 4 $ 0 Orange Blossom Trail Phase I(Grove ES St to Wabash Ave) 12 $ 0 $ 0 Orange Blossom Trall Phase II - (Alabama St to California Stf Redlands ES _ Blvd_) E7 Police Annex 30 Cajon St. 12 $ fl $ 0 Redlands Blvd median(California St _ - E8--to Ford St.l 12 $ 0 0 E4 Redlands Sow]25 Grant St. 12 $ 0 $ 0 Red lan&Mall Parking Lot 100 $ 0 $ 0 E10 Red'landsMall 12 Simonds Parkway 1726 Gardena 5t E11 (cross street Rossmont Dr.) 12 $ 0 $ 0 E12 Smiley Library 125 W.Wine St. _ 12 $_ 0 $ 0 E13 I YMCA parking lot 500 E Citrus Ave. 12 0 $ 0 El-E12 TOTALS $ 0 No Change El—E12 TOTALS WRITTM IN WOFtD5 10 1,Ica1djmlAgreementslCahfomia Agri Control.2017 docx ALTERNATEQUOTEF QuotePrke 2 TIMES PER MONTH SERVICE(2 times a month x 12 months)ANT SERVICE A.Description 8.Park Annual 0,Wit E.Total Prica Acreage Pylae (C x 0-E) 'TOW Brookside Park i Fl 1630 Brookside Ave 93 24 ; $ 1500 $ 36000 Communrty Park&baseball fields F2 1535 N Church St 9.1 24 $ 1500 $ 360.00 i Cra#tan Park F3601 N.Wabash Ave 6.S 24 $ 15.00 $ 36000 _.. Ed Hales Park F4 101 E.State St. 06 24 $ 15.00 $ 360'0 j Ford Park $ 1500 $ 380.00 F5 955 Parlciard 176, 20 24 Isreal Beal Park F6 255 Riverview Or 7.8 24 $ 15.00 $ 360.00 Jeannie Davis Park F7 923 W.Redlands Blvd 4.0 24 $ 15.00 $ 31W0 00 Lincoln Shrine F8 125 W Vine St na 24 $ 15.00 5 360,00 PolLca Annex F9 30 Cajon St na 24 $ 15.00 $ 36000 Prospect Park ism 36000 F10 352 Prospect Dr 35 24 $ $ Redlands Bowl I F11 25 Grant St r1a 24 $ 15.00 $ 360.00 Redlands Shorts Park F12 1740 N Dearborn St 4$------ -_ 24_ $ 1500 $ 36000 3 Smiley Library F13 1251!'4I Vine St 92 24 $ 16.001s 360.00 Smiley Park F14 168 S Eureka St 9 2 24 $ 15.00 $ 360.00 Sylvan Park -- -- F15 734 Chapel St 23 24 $ 15.00 $ 350.00 Texonia Park F16 1321 Texas St 11 24 $ 1500 $ 360.00 -- — F1-FIS TOTALS- $ 24000 $ 5,760.00 - I Five thousand Seven hundred sixty dollars and no/100 F1-F16 TOTAL WRITTEN IN WORDS- 11 11ca1djm\Agreemcnts\Califorma Agri Control.2017.doex PRICE QUOTE SHEET RFQ#Q0L.05162016JS Gopher Abatement and Control GRAND TOTAL- ADD OTALADA THE TOTALS FROM THE TOTAL PRICE COLUMN A-E r Gopher Abatement $ 11.832,00 Eleven thousand eight hundred thirty two dollars and nof100 GRAND TOTAL JA-E]WRITTEN IN WORDS I� ALT1=RNdTE QUQTE F2-!>:�S Arrt Centra!TOTJIL. $ 5,780.04D Five thousand seven hundred sixty dollars and n+oll00 ALTERNATE QUOTE(F3.—FIE)GRAND TOTAL WRITTEN IN WORDS Bidder Name; California Agri Control, Inc. Authorized Representative Paul EMack,President (Print) Authorized Representative. (Signature) Late: May 30.2017 12 1-%ca1djm\Agreements\Ca1ifornia Agri Control.2017-dopa EXHIBIT "B" 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 t/ 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 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 affirm that at all times, in performing the work and activities required or permitted 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 laws of the State of California that the information and representations made in this certificate are true and correct California Agri Control, Inc Date 7 7 By / ��-�= Paul Black, President 13 1 IcaldjmlAgreements\Cahforma Agri Control 2017 docx