HomeMy WebLinkAboutContracts & Agreements_93-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of landscape maintenance services at City parks and
medians ("Agreement") is made and entered in this 7th day of June, 2022 ("Effective Date"), by
and between the City of Redlands, a municipal corporation ("City") and Scenic Earth Inland
Empire ("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 landscape maintenance services at certain City
designated parks and medians (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 this 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 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 7I03.5(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 reasonably
assist Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager, 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. 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 on July 1,
2022 (the `Initial Term"). The City shall have the option to extend the Initial Term of this
Agreement by one (1) additional one-year term (an `Extended Term"), on the salve terms
and conditions, by providing written notice to Contractor at least thirty (30) days prior to
the expiration of the Initial Term. The Initial Term and the Extended Term are together,
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 this 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 thirty one thousand one hundred fifty one dollars and twenty six cents
($31,151.26) for the Services provided during the Initial Term. Should this Agreement be
extended, the compensation for Contractor's performance for the Services shall not exceed
the amount of thirty-one thousand one hundred fifty-one dollars and twenty-six cents
($31,151.26) for the Extended Term, bringing the total possible amount of compensation
to a not -to -exceed amount of sixty-two thousand three hundred two dollars and fifty-two
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cents ($62,302 52) 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 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, (in) 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
jdonaldson@cityofredlands org
(909) 798-7531
CONTRACTOR
Jorge Montano
Scenic Earth Inland Empire
15401 Avenida Anillo
Moreno Valley, CA 92555
jmontano@scenicearthinlandempire com
951-567-9072
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 and 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.
(1) approve a rate, rule or regulation, or adopt or enforce a City law,
(11) 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 (11) 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 prioi 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
Contractor
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 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
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs of 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
CI .__DS
B'
Y
Paul T Barich, Mayor
ATTEST
anne Donaldson, City Clerk
SCENIC EARTH INLAND EMPIRE
By
Jorg M►. n ano, Owner
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EXHIBIT "A"
SCOPE OF SERVICES
TURF GRASS MOWING
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
Grass shall be mowed at height corresponding with specifications determined by the mowing
schedule This shall be performed in all locations where mowing is performed immediately
adjacent to park 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
IRRIGATION MAINTENANCE AND REPAIR
Repair and/or replacement of any damaged/missing irrigation components that is a direct result of
the contractual mowing, shall be the onus of the contractor Any repair/replacement work
exceeding a cost of $500 00 shall be submitted to the City of Redlands Facilities & Community
Services for approval prior to said work being performed or parts being purchased Any
replacement parts pertaining to the irrigation system shall be the same make to match with existing
components specific to the location i e Hunter, Ram Bird, Superior, Sch 40 PVC fittings and
pipe, etc
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EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and
(hereinafter designated as "Principal") have entered into an
agreement (the "Agreement") whereby Principal agrees to Description of Improvement Services to Public
Buildings and/or grounds (the "Work"), which said agreement, dated , 20XX,
and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds"
is hereby referred to and made a part hereof, and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance
of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims
to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code
of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the
City and all contractors, subcontractors, laborers, material men and other persons employed in the performance
of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Written dollar amount
Dollars ($ ) for materials furnished or labor thereon of any kind, of for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount
not exceeding the amount heremabove 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 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 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 , 20
(SEAL) (SEAL)
(Contractor)
(Surety)
BY
(Signature) (Signature)
Address
(Seal and Notarial Acknowledgment of Telephone( )
Surety)
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escriptior
Brookside Park
EXHIBIT "C"
PRICE AND FEE BID
1630 Brookside Ave
Park Acreage
813
Annual
Total
38
$8618
$3274 84
Community Park & Baseball Fields 1535 N Church St
13.41
38
$142 15
$5401 70
Crafton Park
601 N Wabash Ave
4 24
38
$46 00
$1748 00
Ford Park
955 Parkford Dr
10.43
38
$110 56
$4201 28
Israel Beal Park 255 Riverview Dr
5 06
38
$53 64
$2038 32
Jennie Davis Park 923 W Redlands Blvd
4 63
38
$4910
$1865 80
Smiley Park (See Map) 168 S Eureka St
4 63
38
$4910
$1865 80
Sylvan Park 730 Chapel St
144
38
$152 65
$5800 70
Texoma Park 1321 Texas St
6 38
38
$67 63
$2569 94
Prospect Park 1352 Prospect Dr
0 66
38
$7 00
$266 00
Redlands Sports Park (Perimeter only) 1790 Dearborn St
1 92
38
$21 70
$824 60
Heritage Park 11126 Iowa St
0 42
38
$4,45
$16910
Simonds Parkway 1728 Garden St
0 68
38
$7 21
$273 98
Corporate Yard
1270 W Park Ave
0,49
38
$5 20
$197 60
Barton Road Medians From Center St to Terracina Blvd
1 29
38
$13 70
$520 60
Water Plant Mow area
500 N Dearborn St
0 33
38
$3 50
$133 00
OTAL:
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$31;151 26
EXHIBIT "D"
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 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 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
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
SCENIC EARTH INLAND EMPIRE
By. r- Date. WW1).z
Jorg tano, Owner
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