HomeMy WebLinkAboutContracts & Agreements_148-2016 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
This agreement for the provision of vehicle maintenance and repair services ("Agreement") is
made and entered in this 19th day of July, 2016 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City)" and TLC Landscape Services, Inc., ("Contractor").
City and Contractor are sometimes individually referred to herein as a "Party" and, together, as
"Parties." In consideration of the mutual promises contained herein, City and Contractor agree as
follows:
ARTICLE 1 —ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to provide contractual mowing services for the City's
Parks (the"Services").
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
contractors in the industry providing like and similar types of Services.
ARTICLE 2—SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated herein by
reference.
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to any applicable state
prevailing wage laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor public information in its possession that may
assist Contractor in performing the Services.
3.2 City designates City's Quality of Life Director, as City's representative with respect to
performance of the Services, and such person shall have the authority to transmit
instructions, 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 perforin and complete the Services in a prompt and diligent manner as
reasonably requested from time to time by City. The Services shall commence within ten
(10) days of the Effective Date of this Agreement.
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4.2 The term of the Agreement shall be for a period of one (1) year from the Effective Date
of this Agreement (the"Initial Term").
ARTICLE 5 —PAYMENTS TO CONTRACTOR
5.1 The total compensation for Contractor's performance of the Services shall not exceed the
amount of Fifty Six Thousand Thirty-Eight Dollars ($56,038).
5.2 Contractor shall submit 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 (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporancously 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 Contractor
Director, Quality of Life Department Patrick L. Locke
City of Redlands President
35 Cajon Street, Suite 200 TLC Landscape Services, Inc.
P.O. Box 3005 (mailing) 29321 San Timoteo Cyn. Road
Redlands, CA 92373 Redlands, CA 92373
ARTICLE 6 —INSURANCE AND INDEMNIFICATION
6.1 Insurance 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.
6.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance in accordance with the laws of the State of California, with an insurance carrier
acceptable to City as described in Exhibit "B," entitled "Workers' Compensation
Insurance Certification," which is attached hereto and incorporated herein by this
reference.
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6.3 Contractor shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage 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.
6.4 Contractor shall have 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 names as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.5 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, omission or failure to act by Contractor, 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 the 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.
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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 Clerks' 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.
8.3 Documents, records, drawings, designs, cost estimates, electronic data files, databases
and any other documents developed by Contractor in connection with its performance of
the Services, and any copyright interest in such documents, shall become the property of
City and shall be delivered to City upon completion of the Services, or upon the request
of City. Any reuse of such documents, and any use of incomplete documents, shall be at
City's sole risk.
8.4 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor 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.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however, this Agreement
may be terminated by City, in its sole discretion, by providing ten (10) days prior written
notice to Contractor (delivered by certified mail, return receipt requested) of City's intent
to terminate. If this Agreement is terminated by City, an adjustment to Contractor's
compensation shall be made, but (1) no amount shall be allowed for anticipated profit or
unperformed Services, and (2) 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
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Contractor. Upon receipt of a termination notice, Contractor shall immediately
discontinue its provision of the Services. Contractor shall be compensated on a pro-rata
basis for Services completed up to the date of termination.
8.6 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 o this Agreern.ent. Such books shall be available at reasonable tinies,
for examination by City at the office of Contractor.
8.7 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 proposal,, or verbal. agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, an
amendment to this Agreement shall, be in writing, approved by City and signed by City
and Contractor.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Contractor have
signed in confirmation of this Ag
CITY OF REDLANDS TLC LANDSCAPE SERVICES, INC.
yL,B B y: -I'm'4—oo
Paul W. Foster, Mayor Vatrick L. Locke, President
Attest,
IA
Sam Irwib"',City Clerk-
Mumma 7.19.16.doe 7
EXHIBIT "A"
Scope of Services
• Contractor shall be paid the costs designated below as compensation for the provision of
Contractor's Services.
• Contractor shall be paid the cost designated below as compensation for its provision of hourly
labor. Contractor shall submit in writing documentation of any expenses incurred for labor and/or
services
• Contractor to mow grass in designated parks no less than 1.5" and shall not exceed 2.5" during
the months of November to April.
• Contractor to mow grass in designated parks through the months of May to October turf grass
shall be mowed at a height of 3.5"to 4.5".
• Contractor shall be responsible for trash and debris being cleaned up prior to each mowing.
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EXHISITA
ADDENDUNT NO.#11-1
PART 5
PRICE AND FEE BID
Request for Bid 4QOL05132016JS Contractual Mowing Service
In conformity with the scope of gore of the ccnFrawt, TL-'UN1-8t;A L SERv1US!NG
hereby proposes thefollowing sehedula of COrnPelIS21120n:
.. ... .........
A. Bid Price
4 times a month(during surrtmer)4 manth's:June,JOY,Atilt,Sept
2 times a month(during winter)8 month's:Oct,Nov,Dec,.Jan,Feb,March,April,May
B.mark C. E.Total Prig
A pescrlptian :Annual 0 Unit Price
Acre ?okal )O .p
Grookside Park
Al 11530 Brookside A•fe. � 9 Z 32 $ MOO � X32.00 ':
comnluni y Parkes 4$,
1 A)..a ? 1535 N.Church 5t. i 9.1 32 � 12320 $ 39e?40 .`
i' 8ase6all fields i °
1153.5 N.Church 5t.(located on North end of Community
i Parr)Cutfteid shale be snowed 2x a week during,baseball
A2_b I 6 wks 9.1 48 123 23 $ 31)42-40
I Corporate Yard
A3 E 1770 W_Park Avw perimeter n1vmng) 2 32 $ 73.40 $ 2252.80
---,.�-�, Grafton I'ark
601 hl.Wabash Avo.;On.itchik sacc?r Heid located on East �
A4 J end of parki 2.9 32 S 1.05 G4 $ 2W9,20
Ford Park
AS 955 ParkfordDr. 27 32 S 20150 $ w[1T1.zG
Isreal Sta<tl Park
A6 255 Riverview Dr_ 7.8 32 123 20 $ 3942.40
Jenrile Davis Park
A7 923 W.Redlands Blvd, 5.2 32 $ 1(1".6,) $ :1373 tri
Smiley ParL
160 S.Eureka 5_.(acreage includes 5m4cli Park,Redlands
Bowl,Sa0ey Library&Lt4o Police Annex)"tie attachment A
A3 map 7 37 $ 14U 80 $ 4505,60
sylvan Part
73()Chapel St,{ircltsd�?s the Micah Nouse across the street 24
PFJ from Sylvan Park main sestrnum) 23.4 32 3 318,6,7 5 101ai.s0
Texoma Park
A10 132:Texas t. 8.8 32 $ 1232-1 $ 3042.40
A1.-AB TOTALS: S 64067,20
FIFTY FOUR 7H€ US€lND St?C`TY 5E.1+EN DOLLARS AND TWENTY CENTS
Al-A9 TDTr1L WAI'1-11t4 IN WORDS:
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ADDENI T)UN1 NO. H03
PART 5
PRICE; AND FEE BED
Request for Bid 400E_05132016J5 Contractual Mowing Service
In conformity with the s ope of wark of the contract. -c roascn�;s t�vi��s Irac
hereby proposes the following sche-dole,of corrlpensatton:
B. ALTERNATE Bid Price
uOwiNc on an AS-NEEDED BASES
A.Description B.Par% C_Unfit Price
Acreage
B1 Heritage.Park 111261owa 5.. 15 f_$ 211.20)
r
B2 Prospect Park 352 Prospect Dr. .S g a 70.40
Simonds rarkway 1775 Garden St. i
,
B3 icross street Ross rnont Dr.) G.9 70-10
Sports Park 1790 N.Dearborn St.
I
Perirn2ter Only �frany driveway[
Dearborn,South to San Bernardino, I
G'4 San Bernardino to Wabash) 2.2 7,140
The Terrane Parkway 106 E Colton&
500 E.Cal--On (turf area WCSt of 6th St
B5 only) G.5 $ 704-0
Bl-B5 TOTALS:. $ 402.80
F0UR HUNDRED PINEY TWO DQ:.W4S AND 61CI,g-Y CONT:
13-B5 TOTAL WFjF':FE(t I N WORDS:
Bidder iNaMe: TLC LAN,DSCAP'ESERVICESINC
Authorized RepresentFtive: PATRICK L.LGCK= (Print)
Authorized Representative: - � L ------ (Signature)
.____
Date: 6.1 St2..018
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
VEHICLE MAINTENANCE AND REPAIR SERVICES
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.
TLC Landscape Service, Inc.
By: 4July 19, 2016
Patrick W. Lock, President
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