Loading...
HomeMy WebLinkAboutContracts & Agreements_25-2019 NPS 2.2(11126/18) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of landscape maintenance services at Community Facilities Districts ("Agreement") is made and entered in this 5th day of February, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and RP Landscape and Irrigation ("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 11 City hereby engages Contractor to perform landscape maintenance services at Community Facilities Districts for City(the "Services") 12 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—RESPONSIBILITIES OF CONTRACTOR 21 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 Contractoi shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Laboi Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing P O Box 3005), Redlands, California 92373 23 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by witl-liolding payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 24 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 1 L ka\djmlAgreementrARP Landscape&Irrigation Agreement.NPS 2.2.doc NPS 2.2(11/26/18) 25 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection 26 Contractoi acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 27 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 28 Contractor shall obtain, execute and deliver to City a Laboi and Materials Payment Bond, in the form attached hereto as Exhibit"C " 29 Pursuant to Public Contract Code section 7103 5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have undei section 4 of the Clayton Act (15 U S C section 15) of undei the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Work or materials pursuant to this Agreement ARTICLE 3 —RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in perfonming 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 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 " The Services shall commence as of the Effective Date of this Agreement 42 The term of this 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 Term of this Agreement by two (2) additional one-year terms (each, an `Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Tern or any Extended Term The Initial Tenn and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 43 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "C", in an amount equal to one hundred percent(100%) of the total compensation to be paid to Contractor pursuant to this Agreement 2 L 1ca\djmlAgreements\RP Landscape&Irrigation Agreement'NIPS 2.2.doc NPS-2.2(11/26/18) ARTICLE 5—PAYMENTS TO CONTRACTOR 5 1 Total compensation for Contractor's performance of the Services shall not exceed the amount of sixty six thousand thirty six dollars ($66,036) for the Services provided during the Initial Term Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of sixty six thousand thirty six dollars ($66,036) for the second Renewal Term, or sixty six thousand thirty six dollars ($66,036) for the third Renewal Term, bringing the total possible amount of compensation to a not-to-exceed amount of one hundred ninety eight thousand one hundred eight dollars ($198,108) For the Initial Term and each Renewal Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit "B," entitled "Price Sheet," which is attached hereto and incorporated herein by reference 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 5 3 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, (in) 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 City Clerk Roy Perez, Owner City of Redlands RP Landscape &Irrigation 35 Cajon Street PO Box 1200 P O Box 3005 (mailing) San Bernardino, CA 92402 Redlands, CA 92373 rplandscapeinc@aol com donaldson ciE ofredlands.or (909) 889-9987 (909) 798-7531 ARTICLE 6—INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage 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 3 L 1ca1djmlAgreementsW Landscape&imgation Agreemmt.NPS 2.2.doc NPs 2.2(11/26/18) 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 A 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 execute and provide City with Exhibit"D" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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 C 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 62 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, arising 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 of 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 Contractor A Does not make a governmental decision whether to (i) approve a rate, rule of regulation, or adopt or enforce a City law, 4 L IcaldJmlAgreements\RP Landscape&Imgation Agreement NPS 2.2.doc NPS 2,2(11126118) (ii) Issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (III) authorize 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 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 or substantially the same dirties 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 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 Cleik'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 Contractoi shall not assign any of the Services, except with the priol written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City,results in City's immediate termination of this Agreement 83 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 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 84 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) 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, 5 L 1ca1dimlAgreemen1s\R1`Landscape&Imgatton Agreement NPS 2.2.doe NP5 2.2(11/26118) and (2) any payment due Contractor at the time of ternmation 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 tennination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, 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 85 Contractoi shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services foi a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractoi pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 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 87 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 if one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void of unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement 6 L 1ca1dimlAgreements\RP Landscape&Irrigation Agreement.NPS 2.2.doc RIPS-2.2(I 125/18) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS RP LANDSCAPE & IRRIGATION �,-�u) r-ot� By <:J� Paul W Foster, Mayor Roy Perez, Owner ATTEST .3e a Donaldson, City Clerk 7 L 1caArn\Agreements\RP Landscape&irrigation Agreement.NPS-2.2.doc NPS 2.2(11126/18) EXHIBIT "A" SCOPE OF SERVICES (ITEM 1) ORIGINAL—CFD 2004-01 CENTEX HOMES 5T"AND WABASH—APPROXIMATELY 173,060 SQUARE FEET—EXTERIOR STREETS ONLY A SERVICE B ANNUALFREQUENCY (SEE DEFINITIONS-EXHIBIT A) 4 TIMES PER MONTH DURING SUMMER (1)TURF GRASS MOWING (4 MONTHS) 2 TIMES PER MONTH DURING WINTER 8 MONTHS) 4 TIMES PER MONTH DURING SUMMER (2)TURF GRASS EDGING&TRIMMING (4 MONTHS) 2 TIMES PER MONTH DURING WINTER $MONTHS 4 TIMES PER MONTH DURING SUMMER (3)SHRUBIVINE MAINTENANCE (4 MONTHS) 2 TIMES PER MONTH DURING WINTER (8 MONTHS) (4)BLOW/SWEEP CURB, GUTTER, HARDSCAPE 1 TIME PER WEEK (5) IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION WI REPAIRS AS NEEDED) 1 TIME PER MONTH 4 TIMES PER MONTH DURING SUMMER (6)WEED CONTROL (4 MONTHS) (CHEMICAL TREATMENT, MANUAL REMOVAL) 2 TIMES PER MONTH DURING WINTER (8 MONTHS) (7)PEST CONTROL 4 TIMES PER YEAR (8)TREE MAINTENANCE 1 TIME PER YEAR (9)TRASH&DEBRIS REMOVAL 1 TIME PER WEEK ORANGE GROVES--WATERED FOR 48 HOURS EVERY 26 DAYS ON A FAN MIST SPRAY HEAD(EXISTING) BIDDER RESPONSIBLE FOR TIMER ADJUSTMENTS BASED ON STAFF RECOMMENDATIONS (1) IRRIGATION MAINTENANCE&REPAIR 1 TIME PER MONTH (MONTHLY INSPECTION WITH REPAIRS AS NEEDED) 4 TIMES PER MONTH (2)WEED CONTROL DURING SUMMER (4 MONTHS) 2 TIMES PER MONTH DURING WINTER 8 MONTHS (3)PEST CONTROL 4 T1ME5 PER YEAR g L.1ca1djmlAgreements\RP Landscape&Irngatian Agreement.NPS 2.2.dac N°PS 2.2 01/26/18) (ITEM 2) ANNEXATION NO 4 FORD STREET AT PATRICIA DRIVE MEDIAN-APPROXIMATELY 8,651 SQUARE FEET A SERVICE (SEE DEFINITIONS EXHIBIT A) B ANNUAL.FREQUENCY 4 TIMES PER MONTH DURING SUMMER (1)SHRUB/VINE MAINTENANCE (4 MONTHS) 2 TIMES PER MONTH DURING WINTER (8 MONTHS (2)BLOWISWEEP CURB, GUTTER, HARDSCAPE 1 TIME PER WEEK (3)IRRIGATION MAINTENANCE &REPAIR 1 TIME PER MONTH (MONTHLY INSPECTION WITH REPAIRS AS NEEDED) 4 TIMES PER MONTH DURING SUMMER (4)WEED CONTROL (4 MONTHS) (CHEMICAL TREATMENT, MANUAL REMOVAL) 2 TIMES PER MONTH DURING WINTER S MONTHS (5) PEST CONTROL 4 TIMES PER YEAR (6)TREE MAINTENANCE 1 TIME PER YEAR (7)TRASH&DEBRIS REMOVAL 1 TIME PER WEEK 9 L 1ca\dlmlAgreementslRP Landscape&Irrigation Agreement.NPS-2.2.doc NPS-2.2(11/26/18) (ITEM 3) ANNEXATION NO 5 CALIFORNIA STREET AT ORANGE TREE LANE-APPROXIMATELY 2,437 SQUARE FEET A. SERVICE B. ANNUAL FREQUENCY (SEE DEFINITIONS EXHIBIT A) 4 TIMES PER MONTH DURING SUMMER (4 MONTHS) (1)TURF GRASS MOWING 2 TIMES PER MONTH DURING WINTER 8 MONTHS 4 TIMES PER MONTH DURING SUMMER (4 MONTHS) (2)TURF GRASS EDGING&TRIMMING 2 TIMES PER MONTH DURING WINTER (8 MONTHS) (4)BLOW/SWEEP CURB, GUTTER, HARDSCAPE 1 TIME PERWEEK (5) IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION WITH REPAIRS AS 1 TIME PER MONTH NEEDED) 4 TIMES PER MONTH DURING SUMMER (6)WEED CONTROL(CHEMICAL TREATMENT, (4 MONTHS) MANUAL REMOVAL) 2 TIMES PER MONTH DURING WINTER 8 MONTHS (7) PEST CONTROL 4 TIMES PER YEAR (8)TREE MAINTENANCE 1 TIME PER YEAR (9)TRASH&DEBRIS REMOVAL 1 TIME PER WEEK (10)FERTILIZATION AND AERATION 2 TIMES PER YEAR 10 L 1ca1djmlAgreements\RP Landscape&Trrigation Agreement.NPS 2.2.doc NPS 2.2(11/26/18) (ITEM 4)ANNEXATION NO 9- REDLANDS BLVD AT NEVADA ST MEDIAN—APPROXIMATELY 2,948 SQUARE FEET A SERVICE B. ANNUAL FREQUENCY (SEE DEFINITIONS EXHIBIT A) 4 TIMES PER MONTH DURING SUMMER (1)SHRUB&VINE MAINTENANCE (4 MONTHS) 2 TIMES PER MONTH DURING WINTER (8 MONTHS) (2)BLOW/SWEEP CURB GUTTER HARDSCAPE 1 TIME PER WEEK (3) IRRIGATION MAINTENANCE&REPAIR 1 TIME PER MONTH (MONTHLY INSPECTION WITH REPAIRS AS NEEDED) 4 TIMES PER MONTH DURING SUMMER (4)WEED CONTROL (4 MONTHS) (CHEMICAL TREATMENT MANUAL REMOVAL) 2 TIMES PER MONTH DURING WINTER (8 MONTHS) (5)PEST CONTROL 4 TIMES PER YEAR (6)TREE MAINTENANCE 1 TIME PER YEAR (7)TRASH &DEBRIS REMOVAL 1 TIME PER WEEK I1 L Ica%djm\AgreementslRP Landscape&Irrigation Agreement.NPS 2.2.doc NPS 2.2(11126I18) (ITEM 5)ANNEXATION NO 12B LUCAS LANE AT JUDSON STREET—APPROXIMATELY 110,728 SQUARE FEET A SERVICE B. ANNUAL FREQUENCY (SEE DEFINITIONS EXHIBIT A) (1)TURF GRASS MOWING 4 TIMES PER MONTH (2)TURF GRASS EDGING&TRIMMING 4 TIMES PER MONTH 4 TIMES PER MONTH DURING SUMMER (3)SHRUB/VINE MAINTENANCE (4 MONTHS) 2 TIMES PER MONTH DURING WINTER (8 MONTHS) (4)BLOW/SWEEP CURB, GUTTER, HARDSCAPE 1 TIME PER WEEK (5)IRRIGATION MAINTENANCE&REPAIR(MONTHLY 1 TIME PER MONTH INSPECTION W/REPAIRS AS NEEDED) 4 TIMES PER MONTH DURING SUMMER (6)WEED CONTROL(CHEMICAL TREATMENT, MANUAL (4 MONTHS) REMOVAL) 2 TIMES PER MONTH DURING WINTER 8 MONTHS (7)PEST CONTROL 2 TIMES PER MONTH (8)TREE MAINTENANCE 1 TIME PER YEAR (9)TRASH&DEBRIS REMOVAL(WEEKLY TRASH 1 TIME PER WEEK RECEPTACLE DUMPING&LETTER ABATEMENT) (10)PLAYGROUND/EXERCISE EQUIPMENT MAINTENANCE &REPAIRS(WEEKLY INSPECTION& 1 TIME PER WEEK MAINTENANCE/REPAIRS) (1 1)BBQ&PICNIC AREA MAINTENANCE(CLEAN OUT ANY 1 TIME PER WEEK USED BBQ INSPECT TABLES&FURNITURE) 12 L Icaldjmlk�reementsal?Landscape&Imption Agreement.NPS 2.2.doe NPS 2.2(11/26/18) (ITEM 6)ANNEXATION NO 14 CALIFORNIA STREET AT ALMOND AVE-APPROXIMATELY 4,862 SQUARE FEET A. SERVICE 8. ANNUAL FREQUENCY (SEE DEFINITIONS EXHIBIT A) (1)TURF GRASS MOWING 4 TIMES PER MONTH (2)TURF GRASS EDGING&TRIMMING 4 TIMES PER MONTH (3)SHRUB/VINE MAINTENANCE 2 TIMES PER MONTH (4)BLOW/SWEEP CURB GUTTER HARDSCAPE 1 TIME PER WEEK (5)IRRIGATION MAINTENANCE&REPAIR(MONTHLY 1 TIME PER MONTH INSPECTION W/REPAIRS AS NEEDED) (6)WEED CONTROL(CHEMICAL TREATMENT, MANUAL 2 TIMES PER MONTH REMOVAL) (7)PEST CONTROL 2 TIMES PER MONTH (8)TREE MAINTENANCE 1 TIME PER YEAR (9)TRASH&DEBRIS REMOVAL 1 TIME PER WEEK 13 L'1ca1d1m1AgreementslRP Landscape&Irrigation Agreement.NPS 2 2.doc NPS-2,2(I 1/20/18) (ITEM 7)ANNEXATION NO. 16 DOMESTIC AVENUE,TEXAS STREET,AND CLEMENTINE STREET—APPROXIMATELY 484,833 SQUARE FEET A SERVICE 8 ANNUAL FREQUENCY SEE DEFINITIONS-EXHIBIT A 4 TIMES PER MONTH DURING SUMMER (1)TURF GRASS MOWING (4 MONTHS) 2 TIMES PER MONTH DURING WINTER (8 MONTHS) 4 TIMES PER MONTH DURING SUMMER (2)TURF GRASS EDGING&TRIMMING (4 MONTHS) 2 TIMES PER MONTH DURING WINTER 8 MONTHS 4 TIMES PER MONTH DURING SUMMER (3)SHRUBNINE MAINTENANCE (4 MONTHS) 2 TIMES PER MONTH DURING WINTER (8 MONTHS (4)BLOW/SWEEP CURB, GUTTER, HARDSCAPE 1 TIME PER WEEK (5) IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION WI REPAIRS AS NEEDED) 1 TIME PER MONTH 4 TIMES PER MONTH DURING SUMMER (6)WEED CONTROL (4 MONTHS) (CHEMICAL TREATMENT, MANUAL REMOVAL) 2 TIMES PER MONTH DURING WINTER (8 MONTHS (7)PEST CONTROL 4 TIMES PER YEAR (8)TREE MAINTENANCE 1 TIME PER YEAR (9)TRASH&DEBRIS REMOVAL(WEEKLY TRASH 1 TIME PER WEEK RECEPTACLE DUMPING&LETTER ABATEMENT) (10)PLAYGROUND/EXERCISE EQUIPMENT MAINTENANCE &REPAIRS(WEEKLY INSPECTION& 1 TIME PER WEEK MAINTENANCE REPAIRS) (1 1)BBQ&PICNIC AREA MAINTENANCE(CLEAN OUT ANY 1 TIME PER WEEK USED BBQ, INSPECT TABLES&FURNITURE) (12)GRAFFITI ABATEMENT(CHECK ALL AMENITIES AND 1 TIME PER WEEK FURNITURE FOR GRAFFITI&BLIGHT WEEKLY) CONTINUED ON NEXT PAGE 14 L-\caldjmlAgreementsW Landscape&Irrigation Agreement.NPS 2.2.doc NPS 2.2(11/26118) (ITEM 7)ANNEXATION NO 16 DOMESTIC AVENUE,TEXAS STREET,AND CLEMENTINE STREET-APPROXIMATELY 484,833 SQUARE FEET ORANGE GROVES-WATERED FOR 48 HOURS EVERY 26 DAYS ON A FAN MIST SPRAY HEAD(EXISTING) BIDDER RESPONSIBLE FOR TIMER ADJUSTMENTS BASED ON STAFF RECOMMENDATIONS A. SERVICE (SEE DEFINITIONS-EXHIBIT A) B ANNUAL FREQUENCY (5)IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION WITH REPAIRS AS NEEDED) ') TIME PER MONTH 4 TIMES PER MONTH DURING SUMMER (6)WEED CONTROL (4 MONTHS) 2 TIMES PER MONTH DURING WINTER (8 MONTHS) (7)PEST CONTROL 4 TIMES PER YEAR 15 L lca!djmlAgreements\RP Landscape&Irrigation Agreement.NPS-2.2.doc NPS 2,2(11/26/€8) EXHIBIT "B" (Price and Fee Schedule) (ITEM 1) ORIGINAL—CFD 2004 01 CENTEX HOMES 5T"AND WABASH—APPROXIMATELY 173,060 SQUARE FEET—EXTERIOR STREETS ONLY A SERVICE B ANNUAL FREQUENCY C UNIT *D ANNUAL SEE DEFINITIONS-EXHIBIT A PRICE$ TOTAL$ 4 TIMES PER MONTH DURING SUMMER (1)TURF GRASS MOWING, (4 MONTHS) $ 172 50 /PER TIME $ 5,520 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS 4 TIMES PER MONTH DURING SUMMER (2)TURF GRASS EDGING&TRIMMING (4 MONTHS) $ 15 /PER TIME $ 480 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS 4 TIMES PER MONTH DURING SUMMER (3)SHRUBNINE MAINTENANCE (4 MONTHS) $ 3750 /PER TIME $ 1,200 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS (4)BLOW/SWEEP CURB, GUTTER 1 TIME PER WEEK $ 20 IPER WEEK $ 1 040 HARDSCAPE 52 WEEKS (5)IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION W/REPAIRS AS 1 TIME PER MONTH $ 100 /PER MONTH $ 1,200 NEEDED) 12 MONTHS 4 TIMES PER MONTH (6)WEED CONTROL DURING SUMMER (CHEMICAL TREATMENT, MANUAL (4 MONTHS) $ 3750 /PER TIME $ 1,200 REMOVAL) 2 TIMES PER MONTH 32 TIMES DURING WINTER (8 MONTHS) (7) PEST CONTROL 4 TIMES PER YEAR $ 150 /PER TIME $ 600 4 TIMES (8)TREE MAINTENANCE 1 TIME PER YEAR $ 200 /PER YEAR $ 200 1 YEAR (9)TRASH&DEBRIS REMOVAL 1 TIME PER WEEK $ 20 /PER WEEK $ 1,040 52 WEEKS ORANGE GROVES—WATERED FOR 48 HOURS EVERY 26 DAYS ON A FAN MIST SPRAY HEAD(EXISTING) BIDDER RESPONSIBLE FOR TIMER ADJUSTMENTS BASED ON STAFF RECOMMENDATIONS (1) IRRIGATION MAINTENANCE&REPAIR $ 50 /PER MONTH (MONTHLY INSPECTION WITH REPAIRS AS 1 TIME PER MONTH (12 MONTHS) $ 600 NEEDED 4 TIMES PER MONTH (2)WEED CONTROL DURING SUMMER $ 20 /PER TIME $ 640 (4 MONTHS) 32 TIMES 2 TIMES PER MONTH 16 L%ca1djm\AgreementsaP Landscape&Irrigation A&Teement.NPS 2 2.doc NPS 2.2(11/26118) DURING WINTER (8 MONTHS) (3)PEST CONTROL 4 TIMES PER YEAR $ 150 /PER TIME 4 TIMES $ 600 (BXC=*D) (1) SUBTOTAL $14,320 (ITEM 2) ANNEXATION No 4 FORD STREET AT PATRICIA DRIVE MEDIAN—APPROXIMATELY 8,651 SQUARE FEET A SERVICE C UNIT *D (SEE DEFINITIONS EXHIBIT A) B ANNUAL FREQUENCY PRICE$ ANNUAL TOTAL $ 4 TIMES PER MONTH DURING SUMMER (1)SHRUBNINE MAINTENANCE (4 MONTHS) $ 60 /PER TIME $ 1,920 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS $ 5 /PER WEEK (2)BLOW/SWEEP CURB, GUTTER,HARDSCAPE 1 TIME PER WEEK 52 WEEKS $ 260 (3)IRRIGATION MAINTENANCE &REPAIR 1 TIME PER MONTH $ 20 /PER MONTH $ 240 (MONTHLY INSPECTION WITH REPAIRS AS NEEDED) 12 MONTHS 4 TIMES PER MONTH DURING SUMMER (4)WEED CONTROL (4 MONTHS) $ 5 /PER TIME $ 160 (CHEMICAL TREATMENT, MANUAL REMOVAL) 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS 4 TIMES PER YEAR $ 60 /PER TIME $ 240 {5)PEST CONTROL 4 TIMES 1 TIME PER YEAR $ 100 /PER YEAR (6)TREE MAINTENANCE 1 TIME $ 100 1 TIME PER WEEK $ 3 /PER WEEK $ 156 (7)TRASH&DEBRIS REMOVAL 52 WEEKS BxC=*D (2) SUBTOTAL $3,076 17 L 1ca1djmlAgreementslRP Landscape&Irrigation Agreement NPS 2,2.doc NPS 2.2(1.U26/13) (ITEM 3) ANNEXATION NO,5 CALIFORNIA STREET AT ORANGE TREE LANE-APPROXIMATELY 2,437 SQUARE FEET A SERVICE B ANNUAL FREQUENCY C. UNIT *D ANNUAL (SEE DEFINITIONS EXHIBIT A) PRICE $ TOTAL $ 4 TIMES PER MONTH DURING SUMMER (4 MONTHS) $ 20 /PER TIME $ 640 (1)TURF GRASS MOWING 2 TIMES PER MONTH 32 TIMES DURING WINTER (8 MONTHS) 4 TIMES PER MONTH DURING SUMMER (4 MONTHS) $ 5 /PER TIME $ 160 (2)TURF GRASS EDGING&TRIMMING 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS (4)BLOW/SWEEP CURB, GUTTER,HARDSCAPE 1 TIME PER WEEK $ 5 /PER WEEK $ 260 52 WEEKS (5)IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION WITH REPAIRS AS 1 TIME PER MONTH $ 5 /PER MONTH $ 60 NEEDED) 12 MONTHS 4 TIMES PER MONTH DURING SUMMER (6)WEED CONTROL(CHEMICAL TREATMENT, (4 MONTHS) $ 5 /PER TIME $ 160 MANUAL REMOVAL) 2 TIMES PER MONTH 32 TIMES DURING WINTER $MONTHS (7)PEST CONTROL 4 TIMES PER YEAR $ 10 /PER TIME $ 40 4 TIMES 1 TIME PER YEAR $ 20 /PER TIME $ 20 (8)TREE MAINTENANCE 1 TIME (9)TRASH&DEBRIS REMOVAL 1 TIME PER WEEK $ 5 /PER WEEK $ 260 52 WEEKS (10)FERTILIZATION AND AERATION 2 TIMES PER YEAR $ 20 /PER YEAR $ 40 2 TIMES (BxC=*D) (3) SUBTOTAL $1,640 18 L Icaldjm\AgreementslRP Landscape&Irrigation Agreement.NPS 2.2.doc NPS 2.2(11/26/18) (ITEM 4)ANNEXATION NO 9- REDLANDS BLVD AT NEVADA ST MEDIAN-APPROXIMATELY 2,948 SQUARE FEET A. SERVICE B ANNUAL FREQUENCY C. UNIT PRICE *D ANNUAL (SEE DEFINITIONS EXHIBIT A) $ TOTAL 4 TIMES PER MONTH DURING SUMMER 1 SHRUB&VINE MAINTENANCE (4 MONTHS) ( ) $ 40 /PER TIME $ 1 280 2 TIMES PER MONTH DURING WINTER 32 TIMES 8 MONTHS (2)BLOW/SWEEP CURB, GUTTER, HARDSCAPE 1 TIME PERWEEK $ 5 /PER WEEK $ 260 52 WEEKS (3)IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION WITH REPAIRS AS 1 TIME PER MONTH $ 5 /PER MONTH $ 60 NEEDED) 12 MONTHS 4 TIMES PER MONTH DURING SUMMER (4)WEED CONTROL (4 MONTHS) $ 5 IPERTIME $ 160 (CHEMICAL TREATMENT, MANUAL REMOVAL) 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS (5)PEST CONTROL 4 TIMES PER YEAR $ 10 /PER YEAR $ 40 4 TIMES (6)TREE MAINTENANCE 1 TIME PER YEAR $ 20 /PER YEAR $ 20 1 TIME (7)TRASH&DEBRIS REMOVAL 1 TIME PER WEEK $ 5 /PE52 WEEKS WEEK $ 260 (BxC=*D) (4)SUBTOTAL $2,080 19 L•1ca1djm\Agreements\RP Landscape&c Irrigation Agreement,NPS-2.2.doc NPS 12(1 Il26118) (ITEM 5)ANNEXATION NO.12B LUCAS LANE AT JUDSON STREET-APPROXIMATELY 110,728 SQUARE FEET A SERVICE B ANNUAL C UNIT PRICE *D ANNUAL (SEE DEFINITIONS EXHIBIT A) FREQUENCY $ TOTAL $ 1 TURF GRASS MOWING 4 TIMES PER MONTH ( ) $ 125 IPER TIME $ 6,500 52 TIMES (2)TURF GRASS EDGING&TRIMMING 4 TIMES PER MONTH $ 10 IPER TIME $ 520 52 WEEKS 4 TIMES PER MONTH DURING SUMMER (3)SHRUB/VINE MAINTENANCE (4 MONTHS) $ 10 IPER TIME $ 240 2 TIMES PER MONTH 24 TIMES DURING WINTER (8 MONTHS) (4)BLOW/SWEEP CURB,GUTTER, HARDSCAPE 1 TIME PER WEEK $ 10 IPER WEEK $ 520 52 TIMES (5)IRRIGATION MAINTENANCE&REPAIR 1 TIME PER MONTH $ 10 IPER MONTH $ 120 (MONTHLY INSPECTION WIREPAIRS AS NEEDED) 12 MONTHS 4 TIMES PER MONTH DURING SUMMER ( ) 6 WEED CONTROL CHEMICAL TREATMENT, (4 MONTHS) ( $ 20 IPER TIME $ 480 2 TIMES PER MONTH MANUAL REMOVAL) 24 TIMES DURING WINTER 8 MONTHS (7)PEST CONTROL 2 TIMES PER MONTH $ 20 IPER TIME $ 480 24 TIMES (8)TREE MAINTENANCE 1 TIME PER YEAR $ 50 IPER YEAR $ 50 1 YEAR (9)TRASH&DEBRIS REMOVAL(WEEKLY TRASH 1 TIME PER WEEK $ 10 PER WEEK $ 520 RECEPTACLE DUMPING&LETTER ABATEMENT) 52 WEEKS (10)PLAYGROUND/EXERCISE EQUIPMENT $ 5 PER WEEK MAINTENANCE&REPAIRS(WEEKLY INSPECTION 1 TIME PER WEEK 52 WEEKS $ 260 &MAINTENANCE/REPAIRS) (11)BBQ&PICNIC AREA MAINTENANCE(CLEAN OUT ANY USED BBQ, INSPECT TABLES& 1 TIME PER WEEK $ 5 PER WEEK $ 260 FURNITURE) 52 WEEKS (BXC*©) (5)SUBTOTAL $9,950 20 L Icaldjm\Agreements1RP Landscape&Irrigation Agreement.NPS-2 2.doc NPS 2.2(1I126118) (ITEM 6)ANNEXATION NO 14 CALIFORNIA STREET AT ALMOND AVE-APPROXIMATELY 4,862 SQUARE FEET A. SERVICE B ANNUAL C UNIT PRICE *D ANNUAL (SEE DEFINITIONS EXHIBIT A) FREQUENCY $ TOTAL $ 1 TURF GRASS MOWING 4 TIMES PER MONTH ( ) $ 25 /PER TIME $ 1,300 52 TIMES (2)TURF GRASS EDGING&TRIMMING 4 TIMES PER MONTH $ 5 /PER TIME $ 260 52 WEEKS (3)SHRUB/VINE MAINTENANCE 2 TIMES PER MONTH $ 5 /PER TIME $ 120 24 TIMES (4)BLOW/SWEEP CURB,GUTTER HARDSCAPE 1 TIME PER WEEK $ 5 /PER WEEK $ 260 52 TIMES (5)IRRIGATION MAINTENANCE&REPAIR 1 TIME PER MONTH $ 5 /PER MONTH $ 60 (MONTHLY INSPECTION W/REPAIRS AS NEEDED) 12 MONTHS (6)WEED CONTROL(CHEMICAL TREATMENT, 2 TIMES PER MONTH $ 5 /PER TIME $ 120 MANUAL REMOVAL) 24 TIMES (7)PEST CONTROL 2 TIMES PER MONTH $ 10 24 TIMES ER TIME $ 240 (8)TREE MAINTENANCE 1 TIME PER YEAR $ 20 /PER YEAR $ 20 1 YEAR (9)TRASH&DEBRIS REMOVAL 1 TIME PER WEEK $ 5 PER WEEK $ 260 52 WEEKS (BxC=*D) (6) SUBTOTAL $2,640 21 LAca1djm\Agreements112P Landscape&Irrigation Agreement.NPS 2 2.doc NPS 2.2(11/26118) (ITEM 7)ANNEXATION No 16 DOMESTIC AVENUE,TEXAS STREET,AND CLEMENTINE STREET—APPROXIMATELY 484,833 SQUARE FEET A SERVICE B ANNUAL FREQUENCY C UNIT *D ANNUAL (SEE DEFINITIONS-EXHIBIT A) PRICE$ TOTAL$ 4 TIMES PER MONTH DURING SUMMER (1)TURF GRASS MOWING (4 MONTHS) $ 480 /PER TIME $ 15,360 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS 4 TIMES PER MONTH DURING SUMMER (2)TURF GRASS EDGING&TRIMMING (4 MONTHS) $ 30 IPER TIME $ 960 2 TIMES PER MONTH 32 TIMES DURING WINTER 8 MONTHS 4 TIMES PER MONTH DURING SUMMER (3)SHRUB/VINE MAINTENANCE (4 MONTHS) $ 50 /PERTIME $ 1,600 2 TIMES PER MONTH 32 TIMES DURING WINTER (8 MONTHS) (4)BLOW/SWEEP CURB,GUTTER, HARDSCAPE 1 TIME PER WEEK $ 50 /PER WEEK $ 2,600 52 WEEKS (5)IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION W/REPAIRS AS NEEDED) 1 TIME PER MONTH $ 50 /PER MONTH $ 600 12 MONTHS 4 TIMES PER MONTH DURING SUMMER $ 50 IPER TIME (6)WEED CONTROL (4 MONTHS) 32 TIMES $ 1,600 (CHEMICAL TREATMENT, MANUAL REMOVAL) 2 TIMES PER MONTH DURING WINTER ($MONTHS) (7)PEST CONTROL 4 TIMES PER YEAR $ 100 /PER TIME $ 400 4 TIMES (8)TREE MAINTENANCE 1 TIME PER YEAR $ 50 /PER YEAR $ 50 1 YEAR (9)TRASH&DEBRIS REMOVAL(WEEKLY TRASH 1 TIME PER WEEK $ 30 /PER WEEK $ 1,560 RECEPTACLE DUMPING&LETTER ABATEMENT) 52 WEEKS (10)PLAYGROUND/EXERCISE EQUIPMENT $ 10 /PER WEEK MAINTENANCE&REPAIRS(WEEKLY INSPECTION 1 TIME PER WEEK 52 WEEKS $ 520 &MAINTENANCE/REPAIRS (11)BBQ&PICNIC AREA MAINTENANCE(CLEAN $ 2D /PER WEEK OUT ANY USED BBQ, INSPECT TABLES& 1 TIME PER WEEK 52 WEEKS $ 1 040 FURNITURE (12)GRAFFITI ABATEMENT(CHECK ALL $ 20 /PER WEEK $ 1,040 AMENITIES AND FURNITURE FOR GRAFFITI& 1 TIME PER WEEK 52 WEEKS BLIGHT WEEKLY CONTINUED ON NEXT PAGE 22 L 1ca1dJm\Agreements\RP Landscape&Imgation Agreement.NPS 2.2.doe NPS 2.2(11/26/18) (ITEM 7 CONTINUED) (ITEM 7)ANNEXATION NO 16 DOMESTIC AVENUE,TEXAS STREET,AND CLEMENTINE STREET--APPROXIMATELY 484,833 SQUARE FEET ORANGE GROVES-WATERED FOR 48 HOURS EVERY 26 DAYS ON A FAN MIST SPRAY HEAD(EXISTING) BIDDER RESPONSIBLE FOR TIMER ADJUSTMENTS BASED ON STAFF RECOMMENDATIONS A SERVICE C UNIT *D ANNUAL (SEE DEFINITIONS-EXHIBIT A) B ANNUAL FREQUENCY PRICE$ TOTAL$ (1)IRRIGATION MAINTENANCE&REPAIR (MONTHLY INSPECTION WITH REPAIRS AS 1 TIME PER MONTH $ 100 /PER MONTH $ 1,200 NEEDED) (12 MONTHS) 4 TIMES PER MONTH DURING SUMMER (2)WEED CONTROL (4 MONTHS) $ 100 /PER TIME $ 3,200 2 TIMES PER MONTH 32 TIMES DURING WINTER $MONTHS (3)PEST CONTROL 4 TIMES PER YEAR $ 150 /PER TIME $ 600 4 TIMES (BxC=*D) (7) SUBTOTAL $32,330 TOTALING PAGE (ITEM 1) SUBTOTAL$14,320 (ITEM 2) SUBTOTAL$- 076 (ITEM 3)SUBTOTAL 1,640 (ITEM 4)SUBTOTAL 2,080 (ITEM 5)SUBTOTAL 9,950 (ITEM 6)SUBTOTAL 2,640 (ITEM 7)SUBTOTAL$32,330 GRAND TOTAL $66,036 23 L 1ca\djm1Ab7eements\RP Landscape&Irrigation Agreement.NPS 2.2.doc RIPS-2.2(11/26/18) EXHIBIT "C" LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and RP Landscape and Irrigation (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated February 5, 2019, and identified as agreement for the provision of landscape maintenance services at Community Facilities Districts is hereby referred to and made a part hereof,and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550)of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and Other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one hundred ninety eight thousand one hundred eight dollars ($198,108) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an ainount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 'a (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any mannet affect its obligations on this bond,and it does hereby waive notice of any such change extension of time,alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on ,2019 (SEAL) (SEAL) (Contractor) f� (Surety) BY (Signature) (Signature) Address (Seal and Notarial Acknowledgment of Telephone( } Surety) 24 L 1caldjni\AgreementslRP Landscape&Irrigation Agreement NPS 2.2.doe NPS-2.2(i In6/I sj 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 duty 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 of her employees CHECK ONE )X -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 §1861) 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 RP LANDSCAPE& IRRIGATION Date l 1-3' l 1 By Roy Perez, Ownei 25 L 1caldjm\Agrcements\RP Landscape&Imption Agreement.NPS 2.2 doc