HomeMy WebLinkAboutContracts & Agreements_240-2021AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the installation IPEMA certified playground mulch ("Agreement") is
made and entered in this 21st day of December, 2021 ("Effective Date"), by and between the City
of Redlands, a municipal corporation ("City") and Turboscape, Inc., a Utah corporation
("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.
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ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
City hereby engages Contractor to perform the installation of IPEMA certified playground
mulch 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.O 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 4 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
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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 specifications and locations 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 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 Term or any Extended Term The Initial
Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of
this Agreement
4 3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B,"
which is attached hereto and incorporated herein by reference, in an amount equal to one
hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this
Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor's performance of the Services shall not exceed the
amount of Eighty Five Thousand Five Hundred Five Dollars ($85,505.00) 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 Eighty Five
Thousand Five Hundred Five Dollars ($85,505 00) for the first Extended Term, and Eighty
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Five Thousand Five Hundred Five Dollars ($85,505 00) for the second Extended Term,
bringing the total possible amount of compensation to a not -to -exceed amount of Two
Hundred Fifty Six Five Hundred Fifteen Dollars ($256,515 00) For the Initial Term and
each Extended 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 "C," titled "Price
and Fee Bid," which is attached hereto and incorporated herein by reference
5 2 Contractor shall submit an invoice to City upon completion of each park for 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, (11) 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
(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
J donaldson@cityofredlands org
(909) 798-7531
CONTRACTOR
Clinton Harmon, President
Turboscape, Inc
PO Box 1062
Lake Elsinore, CA 92531
chnt@turboscape coml
951-732-9916
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 "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
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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.
6.2 Contractor shall defend, indemnify and hold harmless City and its elected and appointed
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
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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
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
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pursuant to this Agreement Such books shall be available at reasonable times foi
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
Contractoi
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California
8 8 If one of 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
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 Contractor have
signed in confirmation of this Agreement
CITY OF REDLANDS
By
Paul T Barich, Mayoi
ATTEST
eanne Donaldson, City Cleik
TURBOSCAPE, INC
By
Clinton H
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on, President
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide and install, by way of blow-in method, approximately 1745 cubic yards
of IPEMA certified natural wood mulch Service locations are.
• Isreal Beal Park
• Brookside Park
• Community Park
• Crafton Park
• Ford Park
• Jennie Davis Park
• Sylvan Park
• Texonia Park
• Community Center
Prior notice that new mulch is being installed shall be posted by Contractor at all playground
service locations 48 hours prior to the installation of the new mulch The notice shall include the
date of installation and a brief description of the EWF and the IPEMA Certification
All precautions must be taken to provide any necessary traffic control, containment to the work
area, and clean-up of any dust or debris to outside of application area (e.g. play equipment,
sidewalks, etc) Play equipment and surrounding area shall be blown clean after placement of
mulch
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Bond Number B 9126018
EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and Turboscape, Inc (hereinaftet designated as
"Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to provide and install
IPEMA Certified Playground Mulch (the "Work"), which said agreement, dated Decembei 21, 2021, and titled
as "Agreement to Perform Non -Professional Services foi Improvement to Public Builds and Grounds" is hereby
referred to and made a part hereof, and
Whereas, undei the terms of the Agreement, Principal is required before commencing the performance
of the Work, to file a good and sufficient Labot 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 Written dollai amount
Dollars ($ 85 505 00 ) foi materials furnished oi labor thereon of any kind, of foi amounts due undei the
Unemployment Insurance Act with respect to such work of labor, that said surety will pay the same in an amount
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 3 (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 then 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 of addition to the
terms of the Agreement of the specifications accompanying the same shall in any manner 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 December 21 , 2021
(SEAL)
iurboscape Inc
(Cintractgy
(Signature)
(SEAL)
The Cincinnati Insurance Company
(Surety
BY
(Signature
Address
6200 S Gilmore Road
Fairfield Ohio 45014 5141
(Seal and Notarial Acknowledgment of Telephone( 513 ) 870 2000
Surety)
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Acknowledgment of Surety
STALL OF Utah
}
COUNTY OF Salt Lake
On this 21st day of December, 2021 before me personally
appeared Stacie R Hanson known to be the Attorney -in -Fact of
The Cincinnati Insurance Company , the corporation that executed
the within instrument, and acknowledged to me that such corporation
executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, at my office in the aforesaid County, the day and year in this
certificate first above written
(Seal)
Notary Public in estate of Utah
County of Salt Lake
,<9IF , STEPHANIE GARAHANA
t NOTARY PUBLIC STATE OF UTAH
COMMISSION# 698692
' -:�:,9 ,.r''' COMM EXP. 03 23 2022
Al
Isreal Beal Park
EXHIBIT "C"
"PRICE AND FEE BID"
Cubic
Yard
130
$49 00
$ 6,370 00
A2
Brookside Park
Cubic
Yard
340
$49 00
$16,660 00
A3
Community Park
Cubic
Yard
230
$49 00
$11,270 00
A4
Grafton Park
Cubic
Yard
120
$49 00
$ 5,880.00
A5
Ford Park
Cubic
Yard
110
$49.00
$ 5,390 00
A6
Jennie Davis Park
Cubic
Yard
50
$49 00
$ 2,450 00
A7
Sylvan Park
Cubic
Yard
310
$49 00
$15,190 00
A8
Texonia Park
Cubic
Yard
410
$49 00
$20,090 00
A9
Community Center
Cubic
Yard
45
$49.00
$ 2,205 00
*„A„ x "B" = „C„
$85,505 00
*Services include all transportation, fuel charges, labor and materials
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employei, except the State, shall secure the payment of compensation in one or more of the
following ways
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employei, 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
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 of 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 penury under the laws of the State of California that the information and
representations made in this certificate are true and correct
TURBOSCAPE, INC
By
Clinton Hannon, President
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Date 12-(1(( Z1
THE CINCINNATI INSURANCE COMPANY
THE CINCINNATI CASUALTY COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY
COMPANY, corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio
(herein collectively called the Companies") do hereby constitute and appoint
Kevin W Andrews, Stephanie Garahana, Gayle Wood, Stacie R Hanson and/or Karrie Adams
of Sandy, Utah their true and legal Attorney(s) in Fact, each in their separate capacity if more than one is named
above, to sign, execute, seal and deliver on behalf of the Companies as Surety any and all bonds policies undertakings or other like
instruments as follows Any such obligations in the United States up to
Fifty Million and No/100 Dollars ($50,000,000 00)
This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati
Insurance Company and The Cincinnati Casualty Company, which resolutions are now in full force and effect reading as follows
RESOLVED that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys in Fact of
the Company to execute any and all bonds policies undertakings, or other like instruments on behalf of the Corporation, and
may authorize any officer or any such Attorney in -Fact to affix the corporate seal, and may with or without cause modify or
revoke any such appointment or authority Any such wntings so executed by such Attorneys -in Fact shall be binding upon the
Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company
RESOLVED that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on
any power of attorney granted and the signature of the Secretary and the Seal of the Company may be affixed by facsimile to
any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and
binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall, with
respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company
IN WITNESS WHEREOF, the Companies have caused these presents to be sealed with their corporate seals, duly attested by their
President or a Senior Vice President this 19th day of December, 2018
THE CINCINNATI INSURANCE COMPANY
THE CINCINNATI CASUALTY COMPANY
STATE OF OHIO )SS
COUNTY OF BUTLER )
On this 19th day of December 2018 before me came the above named President or Vice President of The Cincinnati Insurance Com-
pany and The Cincinnati Casualty Company, to me personally known to be the officer described herein and acknowledged that the seals
affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer
were duly affixed and subscribed to said instrument by the authority and direction of sad corporations
.A\�ll�%-06 �9<�'
--�"/IMI.;
Keith CoJlrtt, Attorney at Law
Notary I ublic — State of Ohio
My commission has no expiration date
Section 147 03 0 R C
I, the undersigned Secretary or Assistant Secretary of The Cincinnati Insurance Company and The Cincinnati Casualty Company hereby
certify that the above is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Power of
Attorney is still in full force and effect
Given under my hand and seal of said Companies at Fairfield, Ohio this
16A-
day of
p.er,Diy-kor- Qco-k
BN-1457 (4/19)