Loading...
HomeMy WebLinkAboutContracts & Agreements_120-2021AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of median landscape maintenance ("Agreement") is made and entered in this 6th day of July, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Leafwise Landscape, LLC ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows. 11 ARTICLE 1 — ENGAGEMENT OF CONTRACTOR City hereby engages Contractor to perform median landscape maintenance services for City (the "Services") The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference. 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 — RESPONSIBILITIES OF CONTRACTOR 2 1 Contractor 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 Labor 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 0 Box 3005), Redlands, California 92373 2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 2 3 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 2 8 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to 1 L:\ca\dj m\Agreements\Leafwise Landscape Agreement.NPS-2.2. FY20-0144.docx. j n Labor Code section 1810 2 6 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 2 7 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 under section 4 of the Clayton Act (15 U S C section 15) or under 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, goods 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 performing the Services. 3.2 City designates Chris Boatman, Facilities and Community Services 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," which is attached hereto and incorporated herein by reference The Services shall commence as of the Effective Date of this Agreement. 4.2 The term of this Agreement shall be for a period of one (1) year commencing as of the Effective Date, unless terminated earlier as provided herein. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 Total compensation for Contractor's performance of the Services shall be in the amount of sixty three thousand five hundred sixty two dollars ($63,562) City shall pay Contractor in accordance with Exhibit "B" titled "Fee Schedule," which is attached hereto and incorporated herein by reference 5.2 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. 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, (iii) on the actual delivery date if deposited with an overnight courier; or 2 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.FY20-0144.docx.jn (iv) on the date sent by facsimile or electronic mail transmission (including PDF), 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 City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 CONTRACTOR Jovani Lemus, President Leafwise Landscape, LLC 539 Boston Street Hemet, CA 92545 Leafwise jlemus@gmail.com 951-214-3839 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 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 "C," titled "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 3 L:\ca\dj m\Agreements\Leafwise Landscape Agreement.NPS-2.2. FY20-0144.docx. jn 6.2 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 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. 7.2 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, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize 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 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 7.3 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 Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party 4 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.FY20-0144.docx.jn 8.2 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. 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. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any 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. 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 Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) 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, 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. 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor 8 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 8 7 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 or unenforceable by a court of competent jurisdiction, the same 5 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.PY20-0144.docx.jn shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contamed herein, unless to do so would deprave a Party of a matenal benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authonzed representatives of City and Contractor have signed m confirmation of this Agreement CITY 0 '.- ANDS LEAFWISE LANDSCAPE, LLC By By Paul T Barich, Mayor ATTEST. Donaldson, City Clerk am Lemus, President 6 L \ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.FY20 0144 docx.jn EXHIBIT "A" SCOPE OF SERVICES Landscape maintenance services shall be performed to industry standards and shall keep the designated areas maintained at a high level of quality, aesthetics, safety, and the Redlands Municipal Code 1 SITE INSPECTIONS Performed at least twice per month by a Supervisor who can communicate accurately to City Staff results of evaluation Supervisor must be able to competently inspect and evaluate aesthetics and health of all overseen areas. Results of inspections must be emailed to City Staff on a monthly basis with all observations and/or concerns included in correspondence 2 PLANT MATERIAL MAINTENANCE a Ground Cover. Ground cover shall be trimmed to keep plant material clear of curbs, hardscapes, trees, edges, structures, and other miscellaneous objects Trim to maintain ground cover at an appropriate height according to the specific species and recommendations of City Staff b Shrubs Shrubs shall be trimmed and maintained to keep the natural shape of the specific species Pruning of dead or diseased branches shall be done accordingly Pruning and trimming shall be performed at the time of year to maximize aesthetics. 3 IRRIGATION a Inspection Irrigation systems shall be cycled and inspected for proper operation and coverage on a monthly basis by competent staff Proper adjustments to sprinkler nozzle heads, emitters, and drip lines to maximize efficiency of system shall be performed monthly b Repairs Any repairs required shall be reported to City Staff with a 24-hour period of discovery by Contractor Repairs to irrigation shall be considered extra work and must be submitted via quote to appropriate City Staff for approval prior to any work being performed Any replacement parts pertaining to the irrigation system shall be the same make to match with existing components specific to the location i e , Hunter, Rain Bird, Superior, Schedule 40 PVC fittings and pipe, etc. 4 WEED ABATEMENT All site locations including surrounding concrete sidewalks, curbing, sign/monument bases, pathways and hardscapes shall be kept free of weeds and unwanted growth Proper techniques and products shall be used when applying pesticides Applicators shall adhere to all State and Local regulations including those set forth by the California Department of Pesticide Regulation 5 FERTILIZING a Plant and grass applicable fertilizing to be applied twice per year at the appropriate intervals, as designated by City Staff All excess fertilizer on hardscapes, streets, etc shall 7 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.PY20-0144.docx.jn be removed and disposed of as appropriate 6 CLEAN UP a All debris and trash shall be removed and properly disposed of at each service visit. b Clippings, trimmings, and all other debris resulting from maintenance shall be removed each time areas are serviced c Curbs, gutters, walkways, etc., shall be blown or swept after each visit and resulting debris is not to be blown or swept into public property (streets, roadway, storm drain culverts, storm drain inlets, etc.) 7 TURF GRASS MOWING a Mowing height for all turf grass areas shall be no less than 1 5" and shall not exceed 2 5" during the months of November to April Through the months of May to October 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 or uneven cuts Trash and debris shall be cleaned up prior to each mowing All areas in need of trimming such as turf grass, and ground cover shall be mechanically trimmed as specified in the service schedule Trimming shall be performed around all road signs, park posts, trees, shrubs, utility posts, fencing, and all other obstacles taking special care to not cause any damage b Grass shall be trimmed at height corresponding with specifications determined by the mowing schedule Walks and pathways shall be blown off once mowing is completed This shall be performed in all locations where mowing is performed immediately adjacent to sidewalk and/or pathways Frequency of mowing schedules shall ultimately be determined by City staff per the specific conditions present during various months/seasons of the year (e g prolonged winter or summer conditions, drought mandated water schedules, etc) but shall not exceed 40 in total quantity per fiscal year c. Repair or replacement of any damaged or missing irrigation components that is a direct result of the contractual mowing, shall be the responsibility of the Contractor and must shall be the same make or model to match with existing components specific to the location 8 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.PY20-0144.docx.jn EXHIBIT "B" FEE SCHEDULE BASE BID A — Redlands Blvd from Fern Street to Ford Street (5 Medians) BID ITEM AMOUNT Al Price per month for all services noted in Scope of Services $481 53 BASE BID B — Redlands Blvd at Alabama Street (4 Medians) BID ITEM AMOUNT B1 Price per month for all services noted in Scope of Services $481 53 BASE BID C — The Terrace from 6th Street to Church Street BID ITEM AMOUNT Cl Price per month for all services noted in Scope of Services $481 53 BASE BID D — West State Street Medians BID ITEM AMOUNT DI Price per month for all services noted in Scope of Services $481 53 BASE BID E — Orange Blossom Trail West BID ITEM AMOUNT El Price per month for all services noted in Scope of Services $481 53 BASE BID F — Orange Blossom Trail East BID ITEM AMOUNT F1 Price per month for all services noted in Scope of Services $481 53 9 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.FY20-0144.docx.jn BASE BID G — Laramie Park & Zanja Trail BID ITEM AMOUNT G1 Price per month for all services noted in Scope of Services $481 53 BASE BID H - Lincoln Park BID ITEM AMOUNT H1 Price per month for all services noted in Scope of Services $481 53 BASE BID I — California Street Medians BID ITEM AMOUNT 11 Price per month for all services noted in Scope of Services $481 53 BASE BID J - Eureka Street Medians BID ITEM AMOUNT J1 Price per month for all services noted in Scope of Services $481 53 BASE BID K - Downtown Gateway* BID ITEM AMOUNT K1 Price per month for all services noted in Scope of Services $481 53 *Contractor is responsible for obtaining their own Caltrans Encroachment Permit. City has existing permit and Contractor may 'piggyback' off of City's parent permit. 10 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.FY20-0144.docx.jn ADDITIONAL AS NEEDED HOURLY SERVICES HOURLY RATES MONDAY THROUGH FRIDAY 730AMto530PM BID ITEM AMOUNT Irrigation Repairs All Locations $65 00 Replanting Shrubs $45 00 Replanting Trees $55 00 A. LOCATION D TOTAL ANNUAL PRICE A Redlands Boulevard Medians (3 23 Acres) $5778 36 B Alabama & Redlands Boulevard Medians (0 49 Acres) $5778 36 C The Terrace Park (2 03 Acres) $5778 36 D West State Street Medians (0 16 Acres) $5778 36 E Orange Blossom Trail West (3 66 Acres) $5778 36 F Orange Blossom Trail East (8 47 Acres) $5778 36 G Laramie Park & Zanja Trail (5 35 Acres) $5778 36 H Lincoln Park (3 74 Acres) $5778 36 I California Street Medians (0 17 Acres) $5778 36 J Eureka Street Medians (0 06 Acres) $5778 36 K Downtown Gateway (8 01 Acres) $5778 36 TOTAL FOR ALL LOCATIONS $63,561 96 11 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.FY20-0144.docx.jn EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) (b) CHECK ONE By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. 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. 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) jI 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. LEAFWISE LANDSCAPE, LLC By an i Le us, President Date: 61(6120 12 L:\ca\djm\Agreements\Leafwise Landscape Agreement.NPS-2.2.FY20-01444.docx jn