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HomeMy WebLinkAboutContracts & Agreements_118-2019NPS 2.2 (5/29/18) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement foi the provision of Landscape Maintenance Services at Hillside Memorial Park ("Agreement") is made and entered in this 18th day of June, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ( `City)" and Greenway Landscape ("Conti actor") City and Contractoi are sometimes individually referred to herein as a "Party" and, together, as "Parties " In consideration of the mutual promises contained herein, City and Contractoi agiee as follows ARTICLE 1 ---- ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform Landscape Maintenance Services at Hillside Memorial Park services for City (the "Services") 1 2 The Services shall be performed by Contractoi 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 ---- RESPONSIBILITI R.S OF CONTRACTOR 2 1 The Services that Contractoi shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 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-discrmnnation laws, including the Americans with Disabilities Act Pursuant to Laboi 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 foi each craft, classification o1 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 0 Box 3005), Redlands, California 92373 2 3 Contractoi acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractoi 01 its subcontractors pursuant to Laboi Code section 1771 6 2 4 If Contractor executes an agreement with a subcontractoi to perforin any portion of the Services, Contractoi shall comply with Laboi Code sections 1775 and 1777 7, and shall provide the subcontractoi with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractoi acknowledges that the statutory provisions establishing penalties foi failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Laboi Code sections 1775 and 1813 2 5 Contractoi and its subcontractors shall comply with the provisions of Laboi Code section 1776 regarding payroll records maintenance, certifications, retention and inspection 1 L \caldjni Agreements\Green+-ay Landscape Aereemen€.NPS 2.2.docajn NPS 2 2 (D/29118) 2 6 Contractoi acknowledges that eight (8) hours constitutes a legal day's work pursuant to Laboi Code section 1810 2 7 Contractoi shall comply with the provisions of Laboi Code section 1777 5 as to apprenticeships, and Laboi Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 2 8 Pursuant to Public Contract Code section 7103 5(b), Contractoi 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 01 materials pursuant to this Agreement ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractoi information in its possession that may assist Contractoi in performing the Services 3 2 City designates Chns 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, i eceive mfonnation, Intel -met and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Contractoi shall perform and complete the Services in a prompt and diligent manner m accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services " The Services shall conunence within ten (10) days of the Effective Date of this Agreement 4 2 The term of this Agreement shall commence on the Effective Date of this Agreement and terminate on June 30, 2020, unless terminated earlier as provided herein ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 Compensation Total compensation for Contractor's performance of the Services shall not exceed the amount of fifty three thousand nine hundred forty four dollars (553,944 00) City shall pay Contractoi on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B" entitled "Fee Schedule" attached hereto and incorporated herein by reference 5 2 Contractoi 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 numbei of hours spent and by whom, and a description of reimbursable expenses related to the project City shall pay Contractoi no later than thirty (30) days aftei receipt and approval by City of Contractor's invoice 5 3 Any notice or other communication required, 01 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, (u) five (5) days aftei deposit in first class registered mail, with return 2 L IcaldjmlAgreernentslGreenway Landscape .Agreenienl.NPS 2 2.docx.i,i NPS 2.2 (5!29118) receipt requested, (in) on the actual delivery date if deposited with an overnight counei, 01 (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, m each case propeily posted and fully prepaid to the appropriate address set forth below, 01 such othei address as a Party may provide notice in accordance with this section City City Cleik City of Redlands 35 Cajon Stieet P 0 Box 3005 (mailing) Redlands, CA 92373 Idonaldsona;citvofiedlands orgg (909) 798-7531 Contractoi Cosine Ramirez, Ownei Greenway Landscape 41106 Pascali Ln Lake Elsinore, CA 92532 t-osme.greenn av(a coin (951) 805-7891 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractoi foi the duration of its performance of the Services Contractoi shall not perforin 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 conunencement of the Services Insurance policies shall include a provision prohibiting cancellation 01 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, 01 certification to City that Contractoi is self-insured 01 exempt from the workers' compensation laws of the State of California Contractoi shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorpoiated 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, 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 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 Contractoi 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 6 2 Contractoi shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses 01 liability, including 3 L•1ca\dim1Aereements\Greenway Landscape Agreement.NP5 2,2.docx.n NPS 2 2 (529/18) attorneys' fees, arising from injury 01 death to persons 01 damage to property occasioned by any negligent act 01 omission by, 01 the willful misconduct of, Contractoi, 01 its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractoi covenants and represents that it does not have any investment oz interest in any real property that may be the subject of this Agreement or any othei source of income, interest in real property or investment that would be affected m any manner or degree by the performance of Contractor's Services Contractoi further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services undei this Agreement 7 2 Contractoi 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 oi regulation, 01 adopt or enforce a City law, (n) issue, deny, suspend 01 revoke any City permit, license, application, certification, approval, order 01 similar authorization 01 entitlement, (nn) authorize City to entei into, modify 01 renew a contract, (iv) giant City approval to a contract that requn es City approval and to which City is a party, 01 to the specifications foi such a contract, (v) giant City approval to a plan, design, report, study 01 sunmlar item, (vi) adopt, 01 grant City approval of, policies, standards or guidelines foi City or foi any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate m making a governmental decision 01 otherwise perform the same 01 substantially the same duties foi City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code undei Government Code section 87302 7 3 In the event City officially determines that Contractoi must disclose its financial interests, Contractoi shall complete and file a Fan Political Practices Commission Fonn 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Cleik ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce oi interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and othei relief, be entitled to the recovery of its reasonable attorneys' fees, including fees foi the use of in- house counsel by a Party 4 L lcaldjinlAgreemenls\Greenway Landscape Agreement NPS 2 2.doca.jn NPS 2.2 (5129118) 8 2 Contractoi shall not assign any of the Services, except with the pnoi written approval of City and m strict compliance with the terms and conditions of this Agreement Any assignment of attempted assignment without such prior written consent may, m the sole disci etion of City, i esults in City's immediate termination of this Agreement 8 3 Contractoi is foi all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neithei City noi of its agents shall have control over the conduct of Contractoi 01 Contractoi's employees, except as herein set forth Contractoi shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractoi are foi its account only, and in no event shall Contractoi 01 personnel retained by it be deemed to have been employed by City 01 engaged by City foi the account of, 01 on behalf of City Contractoi shall have no authority, express 01 implied, to act on behalf of City in any capacity whatsoever as an agent, noi shall Contractoi have any authority, express 01 implied, to bind City to any obligation 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) 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 foi anticipated profit or unperformed Services, and (2) any payment due Contractoi at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Conti actoi Upon receipt of a termination notice, Contractoi shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver 01 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 othei information and materials as may have been accumulated by Contractoi in performing the Services Contractoi shall be compensated on a pro -lata basis foi Services completed up to the date of temmmation 8 5 Contractoi shall maintain books, ledgers, invoices, accounts and othei records and documents evidencing costs and expenses related to the Services foi a period of three (3) years, of for any longer period requned by law, from the date of final payment to Contractoi pursuant to this Agreement Such books shall be available at reasonable tines foi examination by City at the office of Contiactor 8 6 This Agreement, including the Exhibits incorpoi ated 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 foi herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractoi 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one 01 more of the sentences, clauses, paragraphs 01 sections contained in this Agreement is declared invalid, void 01 unenforceable by a court of competent jurisdiction, the same 5 L Ica\d} n\Aereemenis\Greenway Landscape Agreement.NPS 2.2.docx.in NPS 2.2 (5129/18) 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 IN WITNESS WHEREOF, duly authorized representatives of City and Contractoi have signed in confirmation of this Agreement CITY OF REDLANDS By Denise Davis, Mayor Pro Tem ATTEST Donaldson, City Clerk 6 L 1ca1djm\Agreements\Greenway Landscape Agreement.NPS 2.2.docx„in GREENWAY LAN SCAPE By NPS 2.2 (5129(t 8) EXHIBIT "A" SCOPE OF SERVICES 1. TURF/GRASS TRIMMING Mowing height foi all turf grass areas shall be no less than 1 5" and shall not exceed 2 5" during the months of Novembei to April Through the months of May to Octobei turf grass shall be mowed at a height of 3 5" to 4 5 " The turf shall be cut at a uniform height leaving no scalping 01 uneven cuts Trash and debris shall be cleaned up prior to each mowing Mowing shall be performed at the following estimated intervals 4 times per month during summer (June, July, August, September), 2 tunes per month during winter (Octobei, November, December, January, February, March, April, May) The specific hours required foi each service may change from these estimates at city staff discretion 2 STRING TRIMMER All areas in need of trimming such as turf grass, ground cover, small shrubs, etc shall be mechanically trim fined Trimming shall be performed around all signs, posts, trees, shrubs, utility posts, fencing, and all other obstacles taking special care to not cause any damage Glass shall be trmuned at a height corresponding with specifications determined by the mowing schedule 3 WEED CONTROL (CHEMICAL TREATMENT, MANUAL REMOVAL) The contractor shall momtoi and provide continuous weed control and shall take timely measures to treat them with appropriate herbicide application Applicator shall take appropriate measures and precautions while applying various pesticides and/or herbicides to meet with all county rules and regulations 7 L Ica\dpnVAgreement.s\Greenway Landscape Agreement.NPS 2.2.docx.,in Line Items Discount Terms no discount Type Item Code UOM Turf grass mowing & trim 1 mowing and trimming 32 limes per year each Weed control 2 weed control 32 times per year each EXHIBIT "Bt' (Name of Fee Schedule) qty Unit Price NPS 2.2 (5/29/18) Line Total Discount Comment 1 840 444 0000 S40,444 0000 $40.444 0000 Subtotal 540 444 0000 540 444 0000 1 513,500 0000 $13 500 0000 513 500 0000 Subtotal 513,500 0000 $13.500.0000 Total $53,944.0000 553,944.0000 8 L 1ca\djmlAereements\Greenway Landscape Agreement.NPS 2 2.decx.jn NPS 12 (5/2MS) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation m one 01 more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authonzed to wnte compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self-msure, 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 V I am aware of the provisions of Section 3700 of the Laboi 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, m 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 GREENWAY LAND APE By 4441. .Cosme ' amirez, • 9 L lcaldjm\Agreements\Greenway Landscape Agreement.NPS-2.2.docx.jn Date % ' '