HomeMy WebLinkAboutContracts & Agreements_156-2017 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
This agreement foi the provision of Contractual Mowing Services (",Agreement") is made
and entered in this 18"i day of July,2017 ("Effective Date"), by and between the City of Redlands,
a municipal corporation ("City)" and Priority Landscape Services, LLC ("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
I 1 City hereby engages Contractor to provide contractual mowing services fol the City's
Parks (the"Services")
l 2 The Services shall be performed by Contractoi in a professional mannei, and Contractor
represents that it has the skull 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 1 The Services that Contractoi shall perforin 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 rake available to Contractoi information in its possession that may assist
Contractor in performing the Services
32 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
4 1 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 (I 0) days of the Effective Date of this Agreement
42 The Term of the Agreement shall be fol 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
Terin of this Agi eement by two (2)one-year additional ter7ns (each, an"Extended Term"),
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on the salve terms and conditions, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term of any Extended Terni
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 Fifty Foui Three Hundred Eighty Five ($54,385) pet each twelve (12)
month consecutive period during which the Services arc performed, btl.led in accordance
with schedule of work and bid prices identified in Exhibit A "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 bi ief description of the Services
performed,the dates the Services were perfonned,the number of hours spent and by whom,
and a description of reimbursable expenses related to the project City shall pay Contractot
no later than thirty(30) days after receipt and appioval by City of Contractoi's invoice
54 Any notice or other communication required, of which may be given, pursuant to this
Agreement, shall be to writing Any such notice shall be deemed delivered (i) on the date
of delivery in person, (it)five(5)days aftei deposit in first class registered mail,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, iegistered of express mail, in each case propeily posted and fully prepaid
to the appropriate address set forth below, of such other address as a Party may provide
notice in accordance with this section
City Contractot
Chris Boatman Michael Rocha, Account Manager
Quality of Life Director Priority Landscape Setvices, LLC
City of Redlands 521 Mercury Lane
35 Cajon Street, Suite 222 Brea, CA 92821
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 duration
of its performance of the Services Contractoi shall not perform any Services unless and
until the required insurance listed below is obtained by Contractoi Contractoi 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
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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 Calitornia Consultant shall provide City with Exhibit "B," entitled "Workers
Compensation Insurance Certification," which is attached hereto and incorporated herein
by this reference
6 3 Contractor shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City Minimum coverage of One Million Dollars ($1,000,000) pel
occurrence and Two Million Dollars ($2,000,000) aggregate foi 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 minnrium hints
of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury
liability and property damage liability This coverage shall include all Contraetoi owned
velitcles 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 of 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 of liability, including
attorneys' fees, arising from injury or death to persons of damage to property occasioned
by any negligent act or omission by,or the willful misconduct of,Consultant,of 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 of interest in any
real property that may be the subject of this Agreement or any othei source of income,
interest in real property of investment that would be affected in any manner of 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 Contractor
A Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, of adopt of enforce a City law,
(n) issue, deny, suspend of revoke any City permit, license, application,
certification, approval, order or similai authorization of entitlement,
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(ni) authorize the City to enter into, modify of renew a contract,
(iv) grant City approval to a contract that requires City approval and to which
City is a party, of to the specifications for such a contract,
(v) grant City approval to a plan, design, report, study or similat item,
(vi) adopt or grant City approval of,policies, standards or guidelines fol 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 of otherwise perfonn 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 Contractoi Must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Cleric's office pursuant to the written
instructions provided by the City Cleric
ARTICLE 8—GENERAL CONSIDERATIONS
8 1 In the event any action is coimrmenced 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 ally 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 r'sk
84 Contractoi is for all purposes under this Agreement an independent contractor and shall
perforin the Services as an independent contractor Neither City not of its agents shall have
control over the conduct of Contractot or Contractot'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 foi its account only, and in
no event shall Contractor of personnel retained by it be deemed to have been employed by
City or engaged by City for the account of, of on behalf of City Contractoi 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 of implied, to bind City to any
obligation
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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 Contractoi 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 of 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 Contractoi 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 of 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
88 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 REDLANDS PRI;iIeThyael
LA DS SERVICES,
LLC
Il � _ BY —
Gul W Foster, Mayor Rocha, Account Manager
ATTEST
3 r=y ""--
'Son, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
PART 5
PRICE ANO FEE 3fD
Request for Bid#QDL051 220W.33 Contractual Mowing Semice
aidl- ar must bid on alf items Awafd �,mll be made to _',nol� and re�PonllbW
bidder The City may requa5t more or less SeNdces tha-�the este ilei q�i;arfity indzzted on
pnce"heel
In cwomuty with gie uope of work of he Coo
,jae,t P i�3.iry Landscape
hereby priaposea� ,fallewagischwide a of compensatior,
As Bid Price
4 Wne5 a monfl-(dvrjnr,!wTnm�r)4 month� ",wr,Jufy,A(;F,Sept
2 Itmes a maven(dU., r�g te.)8 m.�nth'!i Oct Nov Dec Ian 'rib Mwch April Allay
V Pltk TutAl ;ct'
A I
Ac rn a g e
_'U 1630 ttiookiid(t Art 5 11�� {la a, It, �xn
Bfjonkfldt rp riLm mtdlan bctwe2n Ku4d.afl St Kr2ad�-,M
WMILto lefrjurvj 44d inrU04AP wTmf-'�Tooanwi R�a4�1
jok
7 5 0 0 1011 0 01
comfnurity Park&ba-u-biNit ftp cgs
.1.535 N V-'Urrh St,'P-n tm5e',-elt cul.tw7d n 6 to be .4 0�" HCl
MOW 2.a Wc4k v�S%�fnrnfr'-.Vn1h0
Corpv4te Yard
A4 1271W Park Ave (ravrnMr mowmg r/a $5a 00 .1, 760 0 0
Qafmn Park
AS 601 N Wabnsh Ave-', 5 3 00 52,400 0 0
Ford PSfi;
A6 955 PotMord Pg
A7 155 RivErvieve Or 32 5 0
2 r Y2 Q 00
jetwil.Davis porli
52 3200
AS 923 Vo' 'ie&ands Btvd
P D M.,"x
30 cijj*�l st
Pros ;t Parlt
AIG 352 N-05adtt df r) 1 t 76f, L17
Redland's ROW
0-0 1 76C fJ 0
411 25 Gmqt
51jnos4Flwkw�y 17213 GjTden 51
AIZ (crass SV:eet Is kcdsrnorit bf 02 32 4'i 00 4,,13 o
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a
Smiley Library
A 3 17.5W Vine 51 n/@ � 32 S'S � � 1,7u0 00
5miley Park
AA 169 5 Eureka St 7 ° 32 $713 00 S2,240 0 0
' SylvZrt PBrk € g
AIS 730 Chapel St _,3�.�r_ ��, _$��f) {1 c g�€ S 00 I
Texonia Parx EEf
AIG 1321 Texas 3t S 8 32 S 10 L Q 0 j $3,20G CO
Al—Air,To'rALS $52, 6110 OG i
Pifty 'i'wo '_housaiid Six €-ur,d-ed anc Forty DoilarE
PART
PRICE AND FEE BID
Request for Bid#QOL05i22017JS Contractual Mowing Su1vrce
In ;�t0rr I&I wi,11h.the.smpa 01,worit of the contracl, P ior�J z_' zzsn sc�,tpo 3jor -;,a t , Mew
bele y piowes tile sdied:4le of wropi r;,001r
8.ALTERNATE Bid Price
MOWINQ can an AS-NEEDED BASIS
ni is _ C,Unit prke
Arr
II? Herftagc-pw1k:11.26 Iowa..St ...�:. 1 ��.. , x �..,2 720 0 0..........fi
d Sro-is Park 1790 N Ot arb or:;SC
l�2 � (P rtrnetnr a s z 3t V p-*rk ort'4r p 2 2
Y! C�
91 62 TOMS-.�5 3,� ��C�
11 tzC' `;1c 4 t371C S3 k x 11"'1116ted 'Id F;:tr�l1C�
`61 82 TOTAL'A=RI1tEAJ td 4 ofl()�
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PART 6
PRICE AND FEE BID
Request for Bid#Q0L05122D17JS Contractual Mowing Service
In conformity w'gh the scope of wor'K of the cm"dract
hemby proposes the WvWng t,;chedufe of compensation
C Bid Price
4 tv-PS A month(dUring Wnrmer)4 msm,h.,Junp July,Avg,54not
2 1[mts a n1oitn(dul-ft vArquf I U g1,cntfj% Oct 14�av Dtt Jail Feb March Apr I Mov
A DescriptiGn B Park C W rutPrlce
E Total Prtce
AnmU U
Mow,vke,and b4ow AV0ge, Total (C x D-f)
caikvnja Smet cy2nter mc,-=2.n-just murtb of of-ange
C1 TrevUne(rr*w "aa q4�' 00 1 440 Do
d Wi7w
Skid erNtime Ptfor ity
Authorized RepresentabVe (Print)
Authorized Repre�entaliv (Signature)
Date
,"END OF ADDENDUM NO 401
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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 of more insurers duly
authorized to write compensation insurance in this State
(b) By securing from the Direetoi 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 Directol
of Tndustrial Relations of ability to self-insure and to pay any compensation that
may become due to his of hei employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Laboi Code which requires every
employer to be insured against liability foi 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
Agree-inent (Labor Code 51861)
T affirm that at all tines, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that T 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 sett-insure, of a certification of workers' compensation
insurance
I certify under penalty of penury under the laws of the State of California that the information and
representations made in this certificate are true and correct
Priority n s apc ices, LLC Date
By w—
Michael Rocha, Account Managei
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