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HomeMy WebLinkAboutContracts & Agreements_228-2023NPS-2,2 (2/22) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of Corporate Yard landscaping ("Agreement") is made and entered in this 5th day of December, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Southern California Landscape, Inc., a California 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: 1.1 ARTICLE 1 — ENGAGEMENT OF CONTRACTOR City hereby engages Contractor to perform Corporate Yard landscaping 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 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 l5A (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. 1 I:\cmo\Ageements\Southern California Landscape, Inc. PY22-0309.docx-ms NPS-2.2 (2/22) 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to 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 reasonably assist Contractor in performing the Services. 3.2 City designates Tabitha Crocker, Facilities & 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 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference. 4.2 Contractor shall complete the Services within thirty (30) calendar days from the Notice to Proceed date unless the Services are earlier terminated as permitted herein. 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 Compensation: Total compensation for Contractor's performance of the Services shall be in the amount of One Hundred Forty -Five Thousand, One Hundred Eighty -Eight Dollars and Forty Cents ($145,188.40). City shall pay Contractor in accordance with Exhibit "C" titled "Fee Schedule," which is attached hereto and incorporated herein by reference. 2 I:\cmo\Agreements\Southern Califomia Landscape, Inc. FY22-0309.docx-ms NPS-2.2 (2/22) 5.2 Contractor shall submit an invoice to City upon completion of the Services. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (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.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 CONTRACTOR Lee Ann Lyon, Secretary Southern California Landscape, Inc, 8687 Pecan Avenue Rancho Cucamonga, CA 91739 Leeann@scaland.com 909-350-9522 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. 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. 3 I:\cmo\Agreements\Southern California Landscape, Inc. FY22-0309.docx-ms NPS-2.2 (2/22) 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: (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 4 I:\cmo\Agreements\Southern California Landscape, Inc. FY22-0309.docx-ms NPS-2.2 (2/22) 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 pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor. 5 I:\emo\Agreements\Southern California Landscape, Inc. FY22-0309.docx-ms NPS-2.2 (2/22) 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, 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 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: Eddie Tejeda, Mayor ATTEST: onaldson, City Clerk 6 SOUTHERN CALIFORNIA LANDSCAPE, INC. By: Oig1ally signed by LaeAnn Lyon ON: F-U5. Elee®scaiand.mm, O='Smhem LeeAnn Lyon California Lands®pe,lncN=Lsegnn Lyon Reason: 1 agree to the [enns tlerined by the placement of my signature on this document Date, 2024.01.16 12, 53.14-0 0'00' Lee Ann Lyon, Secretary E \cmo\Agreements\Southern California Landscape, Inc. FY22-0309.docx-ms NPS-2.2 (2/22) EXHIBIT "A" SCOPE OF SERVICES Southern California Landscape Inc., shall provide all labor and materials to complete project number FCS03162023KG and plans dated February 20, 2023. Work will consist of: EASTERN PORTION > 11019 SF of irrigation > 24 LF Composite Header > 12 Each 15 Gallon Trees > 56 Each 1 Gallon Shrubs > 232 Each 5 Gallon Shrubs > 146 Tons D.G. Mulch WESTERN PORTION (Optional) > 940 SF of Irrigation > 20 LF Composite Header > 2 Each 15 Gallon Trees > 36 Each 5 Gallon Shrubs > 35 Tons D.G. Mulch 7 1:\cmo\Agreements \Southern California Landscape, Inc. FY22-0309.docx-ms Bond No. ES00016731 Premium: $1,089.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT "B" LABOR AND MATERIAL BOND NPS-2.i (2/22) Whereas, the City of Redlands, State of California, and Southern California Landscape, Inc. (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to provide landscaping for the corporate yard (the "Work"), which said agreement, dated December 5, 2023, 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 thc 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, arc held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Forty - Five Thousand, One Hundred Eighty -Eight Dollars and Forty Cents ($145,188.40) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an 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 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 thc 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 January 17, , 2024. (SEAL) Southern California Landscape, Inc. (Contractor) (Signature) Lee.ptinn SeGre-{Gcf'i (Seal and Notarial Acknowledgment of Surety) (SEAL) Everest National Insurance Company (Surety) - - BY:1?-.4.3Q.Pp.l .e o - .0,- - (Signaturc) Rebecca Haas -Bates, -Attorney -in. -Fact 8 Address: 1311TLeat BI1dI Ste 440, Pacific Plaza Walnut Creek CA 94597 '1'clephone(725) 249-7247 I:lcmolAgrccmcnisl5ounccm California Landscape. Inc. FV22-0309.dotx-ms CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 01/17/2024 before me, Alma Karen Hernandez, Notary Public Date personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer Name(s9,of Signer who proved to me on the basis of satisfactory evidence to be the persons} whose name* is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ibs), and that by his/her/their signatures .on the instrument the person(,. or the entity upon behalf of which the person(s). acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALMA KAREN HERNANDEZ Notary Public - California Orange County Commission y 2390508 My Comm. Expires Jan 16, 2026 Place Notary Seal Above WITNESS my hand and official seal. Signature 14 OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Labor and Material Title or Type of Document: Bond No. ES00016731 Document Date: 01/17/2024 Number of Pages: One(I) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Signer's Name: El Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): I ' Partner — 0 Limited ' „) General ❑ Partner — El Limited G General -1 individual EV Attorney in Fact 0 individual E Attorney in Fact I i Trustee I1 Guardian or Conservator 0 Trustee 0 Guardian or Conservator C Other: n Other: Signer Is Representing: Signer Is Representing: Everest National Insurance Company tic�zc 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 • everest POWER OF ATTORNEY EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware CCompeny') having their pdneipal offices located at Watten Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint: William Syrkln, Rebecca Haas -Bates, Megan Hilke, Richard Adair its true and lawful Attomey(s)-in•fact to make, execute, attest, seal and deliver for and on Its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which Is in any event to exceed UNLIMITED, reserving for Itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Atlomey(s)•In•lact shall be binding upon the Company as fully and to the same extent as If such bonds and undertakings were signed by the President and Secretary of the Company end sealed with Its corporate seal, This Power of Attorney is granted and Is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ('Board') on Apra 21, 2016: RESOLVED, that the President any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and Waver for and on behalf of the Company, any end all bonds, undertakings, contracts or obligations in surety or co -surely with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts orobtlgations to surety orcosurety and attach thereto the corporate seal oldie Company. RESOLVED, FURTHER, that the President any Executive Vice President and any Senior Vice President we hereby authorzed to execute powers of attorney quatirying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary oranyAssistant Secetary of the Company be, and that each of them Is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named In the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating themto by facsimile, and any such power of attorney or certificate beating such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to enybond, undertaking, contract or obligation in surely or co -surety with others to which it Is attached. IN WITNESS WHEREOF. Everest Reinsurance Company and Everest National Insumnce Company have caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 101" day of October 2023. Everest Reinsurance Company and Everest National Insurance Company By: Anthony Romano, Senior Vice President On this 22^d of March 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of saki Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and That he executed said Instrument by like order. LINDA ROSINS Notary Pubtlq State of Now York No 01R011230738 Qualified In Queens County Tatra Expires Apdl 25, 2027 Linda Robins, Notary Public I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy W the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions W said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and W the whole W the said originals, and that the said Power of Attorney has not been revoked and Is now In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 17th day of January 2024 . _ By: Sylvia Semerdjlan, Assistant Secretary ES 00 0104 16 1 ;1,1 11e.,I4J,tl]II—;•T♦th'W'Ll:Ie1'41.1,1 S1_h1S1.+'I 1111:.I1'V'1t211'.11n111.1'JF1-1rt-1.\t1.f,l'11,.. 11 ti, If u,V.I 111,4111 I.tu111ri.1}y� California All -Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Scut J3vuut✓uiirw On personally appeared S.S. before me, .q'Cirrr en, a JVotaxrl J oldie L e PAS aft who proved to me on the basis of satisfactory evidence to be the person whose name(, islae subscrib d to the within instrument and acknowledged to me that f74/sheltfy executed the same in h ther/they authorized capacity(igs), and that by l s/her/tl eir signature($ on the instrument the person , or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. KIM LYON COMM. #2363136 z re °� xIX > rn Notary Public - California o z'. 41San 6eardine County My Ccmm, Expires June 28, 2O25 Seal OPTIONAL INFORMATION Although the rrrformatrou In this section is not required by law it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ individual(s) © Attorney -in -fact g' Corporate Officer{s) JECC e-�ct �( y O Guardian/Conservator O Partner- Limited/General O Trustee(s) ❑ Other: representing: Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible uitness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer D Signer(s) Thumbprints(s) El alp\ N-�\'.1..�11�•5�1 ♦1 r,4„1. 11 tl..}IFCT %t fR I.ML}rlt.,♦-]j CF �, �Y,.i. r,r,l,,.4UL �.'t r._<-aFJ 1I,.• I \. f.%'1 t.1 1-1...S IFt'.}I Ah'.I..I. FIB... SI'T. f. ,.wl>.1 ..'tI .F....t FJII.s,ILs.J1/ iz 2009-2015 Nota: y Learning C:- -Ail Rlgtlt:; Resei ed You can curcnase ,:uniaa& this Faun rro" - NPS-2.2 (2/22) EXHIBIT "C" ("Fee Schedule") A. CORPORATE YARD EAST LANDSCAPING PROJECT Description of Services Quantity Unit Price Per Total Price in Figures Irrigation System Installed 11019 SF $ 7.60 $ 83,744.40 Composite Header Installed 24 LF $ 25.00 $ 600.00 15 Gallon Tree Installed 12 EA $250.00 $ 3,000.00 1 Gallon Shrub Installed 56 EA $ 15.00 $ 840.00 5 GaIlon Shrub Installed 232 EA $ 65.00 $ 15,080.00 DG Mulch Installed 146 TN $175.00 $ 25,550.00 $128,814.40 B. CORPORATE YARD WEST LANDSCAPING PROJECT Description of Services Quantity Unit Price Per Total Price in Figures Irrigation System Installed 940 SF $ 7.35 $ 6,909.00 Composite Header Installed 20 LF $ 25.00 $ 500.00 15 Gallon Tree Installed 2 EA $250.00 $ 500.00 5 Gallon Shrub Installed 36 EA $ 65.00 $ 2,340.00 DG Mulch Installed 35 TN $175.00 $ 6,125.00 $16,374.00 9 I:IcmolAgreements\Southem California Landscape, Inc. FY22-0309.docx-ms NPS-2,2 (2/22) 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. FIowever, 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. SOUTHERN CALIFORNIA LANDSCAPE, INC. as a s',= n LyGM LeeAnn L o a s E-a,@sc8I,,dmm oesomm By t.nagip; ia� irguzi oe i °ar„^ew Date: 01/19/24 Lee Ann Lyon, Secretary 10 [:\ woo \ Agreements \Southern California Landscape, Inc. FY22-0309.docx-ms