HomeMy WebLinkAboutItem No. 23 - Agreement with The Landscape Center (TLC) and the Successor Agency of the Redeve_2024062123211894723)Agreement with The Landscape Center (TLC) and the Successor Agency of the
Redevelopment Agency of the Agency of Lake Elsinore for Purchase, Delivery, and
Installation of 10 Palm Trees at the Lake Elsinore Diamond Stadium
Approve and authorize the Executive Director to execute a Contractor Services Agreement
with The Landscape Center (TLC) in an amount not to exceed $68,046.25 (including tax)
for the Purchase, Delivery, and Installation of 10 Palm Trees at the Lake Elsinore Diamond
Stadium in such final form as approved by the Agency Attorney and authorize the Executive
Director to execute change orders not to exceed a 10% contingency amount of $6,804.00
for uncertainties and adjustments.
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REPORT TO SUCCESSOR AGENCY
To:Honorable Chair and Members of the Successor Agency
From:Jason Simpson, Executive Director
Prepared by:Rick De Santiago, Public Works Manager
Date:June 25, 2024
Subject:Agreement with The Landscape Center (TLC) and the Successor Agency
of the Redevelopment Agency of the Agency of Lake Elsinore for Purchase,
Delivery, and Installation of 10 Palm Trees at the Lake Elsinore Diamond
Stadium
Recommendation
Approve and authorize the Executive Director to execute a Contractor Services Agreement with
The Landscape Center (TLC) in an amount not to exceed $68,046.25 (including tax) for the
Purchase, Delivery, and Installation of 10 Palm Trees at the Lake Elsinore Diamond Stadium in
such final form as approved by the Agency Attorney and authorize the Executive Director to
execute change orders not to exceed a 10% contingency amount of $6,804.00 for uncertainties
and adjustments.
Background
These palm trees are non-fruit-bearing trees. These trees have been used in the landscape
scheme in other parks and facilities. The Landscape Center has a track record of furnishing and
delivering trees and shrubs to various locations, including Public Works Administration Building,
The Anchor, Launch Pointe, The Neighborhood Center, and Citywide Parks. Their operation,
process, organization, and management oversight is second to none as this has been consistently
observed and experienced with the success rate of planting many large palms.
Agreement with The Landscape Center
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Discussion
The Landscape Center has provided very competitive pricing per tree in the past. In this
Agreement, the Agency will purchase 10 15’ to 20’ Palm trees (Phoenix Dactylifera ‘Male’), which
will be utilized to make a significant statement and provide shade opportunities. These large trees,
with their unique appearance, will enhance the overall aesthetics of the Lake Elsinore Diamond
Stadium. The Landscape Center will handle the transportation of the trees and the excavation of
palm planting at the entry walkway of the Lake Elsinore Diamond Stadium. This includes digging
at an appropriate depth and size to accommodate the root ball of each tree. Once planting pit
areas are ready, The Landscape Center will proceed with the installation, placing the trees in the
designated locations within the pit, ensuring proper alignment and spacing, and then backfilling
with soil to secure the trees in place.
Fiscal Impact
Funds are available in the Fiscal Year 23-24 with ROPS funding.
Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
Public Works
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AGREEMENT FOR CONTRACTOR SERVICES
The Landscape Center
Delivery and install of 10 Palm Trees at Lake Elsinore Diamond Stadium
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of
June 25, 2024, by and between the Successor Agency of the Redevelopment Agency of the City of
Lake Elsinore, a public body, corporate and politic established pursuant to Section 34173 of the
Health and Safety Code (the “Agency”) and The Landscape Center, a Licensed ("Contractor").
RECITALS
A. The Agency has determined that it requires the following contractor services:
Delivery, and Installation of 10 Palm Trees at Lake Elsinore Diamond Stadium.
B. Contractor has submitted to Agency a proposal, dated March 28, 2024, attached
hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services
to Agency pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. Agency desires to retain Contractor to perform the services as provided herein and
Contractor desires to provide such contractor services as set forth in this Agreement.
AGREEMENT
1.Scope of Services. Contractor shall perform the services described in Contractor’s
Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner
specified in Contractor’s Proposal, subject to the direction of the Agency through its staff that it may
provide from time to time.
2.Time of Performance.
a.Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent
with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials,
necessary tools, expendable equipment, and all taxes, utility and transportation services
required to perform such the services and related work.
b.Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor's
Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the Executive Director.
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c.Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance with
the Contractor’s Proposal (Exhibit A).
3.Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractors’ Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor’s compensation exceed Sixty-Eight Thousand
Forty-Six and Twenty-Five Cents ($68,046.25) without additional written authorization from the
Agency. Notwithstanding any provision of Contractor’s Proposal to the contrary, out of pocket
expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative
charge. Payment by Agency under this Agreement shall not be deemed a waiver of defects, even if
such defects were known to the Agency at the time of payment.
4.Method of Payment. Contractor shall promptly submit billings to the Agency
describing the services and related work performed during the preceding month to the extent
that such services and related work were performed. Contractor's bills shall be segregated by
project task, if applicable, such that the Agency receives a separate accounting for work done
on each individual task for which Contractor provides services. Contractor's bills shall include a
brief description of the services performed, the date the services were performed, the number
of hours spent and by whom, and a description of any reimbursable expenditures. Agency shall
pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5.Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Contractor’s
personnel who perform work required by this Agreement, including but not limited to their references,
character, address history, past employment, education, social security number validation, and
criminal or police records, for the purpose of confirming that such personnel are lawfully employed,
qualified to provide the subject service or pose a risk to the safety of persons or property in and
around the vicinity of where the services will be rendered or City Hall. If the Agency makes a
reasonable determination that any of Contractor’s prospective or then current personnel is deemed
objectionable, then the Agency may notify Contractor of the same. Contractor shall not use that
personnel to perform work required by this Agreement, and if necessary, shall replace him or her
with a suitable worker.
6.Suspension or Termination.
a.The Agency may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at
least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise. If the
Agency suspends or terminates a portion of this Agreement, such suspension or termination
shall not make void or invalidate the remainder of this Agreement.
b.In the event this Agreement is terminated pursuant to this Section, the
Agency shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the Agency. Upon termination of
the Agreement pursuant to this Section, the Contractor will submit an invoice to the Agency,
pursuant to Section entitled "Method of Payment" herein.
7.Plans, Reports, Documents
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a.Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the Agency upon payment to Contractor for such work, and the Agency
shall have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports,
plans, studies, documents and other writings to Agency upon written request. Agency shall have
sole determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Contractor shall be immediately referred to Agency, without any other actions by
Contractor.
b.Licensing of Intellectual Property. This Agreement creates a
nonexclusive and perpetual license for Agency to copy, use, modify, reuse, or sublicense any
and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Contractor under this Agreement ("Documents & Data"). Contractor shall require that all
subcontractors agree in writing that Agency is granted a nonexclusive and perpetual license for
any Documents & Data the subcontractor prepares under this Agreement. Contractor
represents and warrants that Contractor has the legal right to license any and all Documents &
Data. Contractor makes no such representation and warranty in regard to Documents & Data,
which were prepared by design professionals other than Contractor or provided, to Contractor by the
Agency. Agency shall not be limited in any way in its use of the Documents & Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at
Agency's sole risk.
c.Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior
written consent of Agency, use such materials for any purposes other than the performance of
the services under this Agreement. Nor shall such materials be disclosed to any person or entity
not connected with the performance of the services under this Agreement. Nothing furnished to
Contractor, which is otherwise known to Contractor or is generally known, or has become
known, to the related industry shall be deemed confidential. Contractor shall not use Agency's
name or insignia, photographs relating to project for which Contractor's services are rendered,
or any publicity pertaining to the Contractor's services under this Agreement in any magazine,
trade paper, newspaper, television or radio production or other similar medium without the prior
written consent of Agency.
8.Contractor's Books and Records.
a.Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services, or expenditures and disbursements charged to Agency for a minimum period of
three (3) years, or for any longer period required by law, from the date of final payment to
Contractor to this Agreement.
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b.Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c.Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the Executive Director, Agency Attorney, City Auditor or a
designated representative of these officers. Copies of such documents shall be provided to the
Agency for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative
is mutually agreed upon, the records shall be available at Contractor's address indicated for
receipt of notices in this Agreement.
d.Where Agency has reason to believe that such records or documents
may be lost or discarded due to dissolution, disbandment or termination of Contractor's business,
Agency may, by written request by any of the above-named officers, require that custody of the
records be given to the Agency and that the records and documents be maintained in City Hall.
Access to such records and documents shall be granted to any party authorized by Contractor,
Contractor's representatives, or Contractor's successor-in-interest.
9.Independent Contractor.
a.Contractor is and shall at all times remain as to the Agency a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Contractor shall at all times be under
Contractor’s exclusive direction and control. Neither Agency nor any of its officers, employees,
or agents shall have control over the conduct of Contractor or any of Contractor’s officers,
employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the Agency. Contractor shall not incur or have the power to
incur any debt, obligation, or liability whatsoever against Agency, or bind Agency in any manner.
b.Notwithstanding any other federal, state and local laws, codes,
ordinances and regulations to the contrary, Contractor and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or become entitled
to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of
employment by Agency, including but not limited to eligibility to enroll in PERS as an employee
of Agency and entitlement to any contribution to be paid by Agency for employer contribution
and/or employee contributions for PERS benefits.
10.PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the Agency, Contractor
shall indemnify, defend, and hold harmless Agency for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of Agency.
11.Interests of Contractor. Contractor (including principals, associates and
management employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
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by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor's services
hereunder. 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.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a.will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the Agency or of any Agency official, other than normal agreement monitoring; and
b.possesses no authority with respect to any Agency decision beyond
rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12.Ability of Contractor. Agency has relied upon the training and ability of Contractor
to perform the services hereunder as a material inducement to enter into this Agreement.
Contractor shall therefore provide properly skilled personnel to perform all services under this
Agreement. All work performed by Contractor under this Agreement shall be in accordance with
applicable legal requirements and shall meet the standard of quality ordinarily to be expected
of competent contractors in Contractor's field of expertise.
13.Compliance with Laws.
a.Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b.Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14.Licenses. Contractor represents and warrants to Agency that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature, which are legally required
of Contractor to practice its profession. Contractor represents and warrants to Agency that
Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
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15.Indemnity. Contractor shall indemnify, defend, and hold harmless the Agency and
its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury,
bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal
law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent
acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which
they could be held strictly liable, or by the quality or character of their work. The foregoing
obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or
violation of law arises from the sole negligence or willful misconduct of the Agency or its officers,
employees, agents, or volunteers and (2) the actions of Contractor or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property,
or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless
includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance
by Agency of insurance certificates and endorsements required under this Agreement does not
relieve Contractor from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims for damages
whether or not such insurance policies shall have been determined to apply. By execution of this
Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is
a material element of consideration.
16.Insurance Requirements .
a.Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
the following insurance policies.
i.Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies
must be received by the Agency at least thirty (30) days prior to such change. The insurer shall
agree to waive all rights of subrogation against Agency, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for Agency. In the event that
Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance
for his/her employees in accordance with the laws of the State of California, Contractor shall
submit to the Agency a Certificate of Exemption from Workers Compensation Insurance in a
form approved by the Agency Attorney.
ii.General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the required occurrence limit. Required
commercial general liability coverage shall be at least as broad as Insurance Services Office
Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office
form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive General Liability.
No endorsement may be attached limiting the coverage.
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iii.Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities of the
Contractor arising out of or in connection with the work to be performed under this Agreement,
including coverage for owned, hired and non-owned vehicles, in an amount of not less than one
million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability
coverage must be at least as broad as Insurance Services Office Automobile Liability form CA
0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage.
b.Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language :
i.Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies,
except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the
Agency and its officers, employees, servants, volunteers and agents and independent contractors,
including without limitation, the Executive Director and Agency Attorney, are named as additional
insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same
manner and to the same extent as any other insureds and there shall be no limitation to the benefits
conferred upon them other than policy limits to coverages.
ii.This policy shall be considered primary insurance as respects the
Agency, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the Agency, including any self-insured retention the Agency may have,
shall be considered excess insurance only and shall not contribute with it.
iii.This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of liability of
the insuring company.
iv.The insurer waives all rights of subrogation against the Agency, its
elected or appointed officers, officials, employees or agents.
v.Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Agency, its elected or appointed officers, officials,
employees, agents or volunteers.
vi.The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice
has been received by the Agency.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Agency. At the Agency's option, Contractor
shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to Agency as evidence of the insurance coverage required
herein. Certificates of such insurance shall be filed with the Agency on or before commencement
of performance of this Agreement. Current certification of insurance shall be kept on file with
the Agency at all times during the term of this Agreement.
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17.Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to Agency: Successor Agency of the Redevelopment Agency of the City
of Lake Elsinore
Attn: Executive Director
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: The Landscape Center
Attn: Mark Barrett
9505 Cleveland Ave.
Riverside, Ca 92503
18.Assignment and Subcontracting. The parties recognize that a substantial
inducement to Agency for entering into this Agreement is the reputation, experience and
competence of Contractor. Contractor shall be fully responsible to Agency for all acts or
omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express consent of the Agency.
Contractor shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization of the Agency. If Agency consents to such subcontract,
Contractor shall be fully responsible to Agency for all acts or omissions of those subcontractors.
Nothing in this Agreement shall create any contractual relationship between Agency and any
subcontractor nor shall it create any obligation on the part of the Agency to pay or to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by
law.
19.Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20.Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
21.Mediation. The parties agree to make a good faith attempt to resolve any
disputes arising out of this Agreement through mediation prior to commencing litigation. The
parties shall mutually agree upon the mediator and share the costs of mediation equally. If the
parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its
successor in interest. JAMS shall provide the parties with the names of five qualified mediators.
Each party shall have the option to strike two of the five mediators selected by JAMS and
thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved
after mediation, either party may commence litigation.
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22.Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, Agency shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of Agency,
during the term of his or her service with Agency, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
23.Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24.Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. Contractor agrees to fully comply with all applicable federal and state labor laws
(including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties
that, in connection with the work or services provided pursuant to this Agreement, Contractor
shall bear all risks of payment or non-payment of prevailing wages under California law, and
Contractor hereby agrees to defend, indemnify, and hold the Agency, and its officials, officers,
employees, agents, and volunteers, free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity
shall survive termination of this Agreement.
25.Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26.Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27.Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority
to make this Agreement and to bind each respective party. The Executive Director is authorized
to enter into an amendment or otherwise take action on behalf of the Agency to make the
following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c)
non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28.Counterparts. This Agreement may be executed in several counterparts, each
of which shall constitute one and the same instrument and shall become binding upon the
parties when at least one copy hereof shall have been signed by both parties hereto. In
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approving this Agreement, it shall not be necessary to produce or account for more than one
such counterpart.
29.Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Contractor’s Proposal.
30.Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and Agency and approved as to form by the Agency
Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“AGENCY”
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE, a public body,
corporate and politic
Executive Director
ATTEST:
Agency Clerk
APPROVED AS TO FORM:
Agency Attorney
Assistant Executive Director
“CONTRACTOR”
The Landscape Center, a Licensed Contractor
By: Mark Barrett
Its: President
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Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
Proposal / Contract
The Lmdscape Center
9505 Cleveland ,{ve
Riverside CA 92503
State Contractors Lic. # 553561
DIR# 1000004091
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w.tlcnurseries.com
Fax #{951) 352-3655
Phone #(951 ) 352-83E3
Job Location:
Entry Walkway
Diamond Stadium
500 Diamond Drive
Lake Elsinore, CA
Prorrosr I S u h nitled k t :
City ofLake Elsinore
130 South Main St
Lake Elsinore CA 92530
Proiect Name:
Diamond Stadrum
Cell Phone
Customer Fax
Customer Contact
Contact E-mail
Date 312812024 Document# 773260 Bid No.Terms Net l0
otv Job Descipfion Price Each Total
l0
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----------sToR\'f sT,\DIU\f E\TRY\' \\-------------
FURNISH AND DELIVER THE FOI,LOWING I\ I VOBILIZ,\TION:
l5' BTH - 20'BTH Phoenix dactylifera'MALE'
**+Sizing will be matching
rrtDiamond cut trunk pattem
INST.ALL THE FOLLOWNG PHOENIX D,ACTYLIFEM PALMS:
Install I5' BTH - l0' BTH Ptroenix dacrylifera'VAt-E' Price includes excavating palnt planting pit to
approrirnatell, l2" greater than the palm rootball on all srdes, loadrng olexcavated pit soil rnto transport
truck tbr exporl. excavation,'installation of ( I ) I l" \ ,l' D gravel tilled sunrp and installation of palm in
locationutilizingl00""washedconcretesmdwrth(2)l"perforatedprpernspectlontullcs. \ofinal
irrigatron work rs rncluded.
Export oforcavated palrn planting pit spoils to Launch Point. Approx 6-7 cubic yads per planting pit.
CONDITIONS:
Includes State prevailing wages and certified payrolls; Lmdmpe Laborer, Landscqe Tender, Landscrye
Operating Engineer classifi cations.
The Lmdscape Center is m open shop contractor and non-signatoru to an-v labor agreetnents This proposal
rs based orr non-unlon labor a:tl urlt union equtpmettt.
Perfomance and Paylllent Bonding cost are not included in this proposal.
Prror to commencement ofwork, preliminary prolect intbmration is requircd
No Retenrion to be held
Site is to be readily accessible to backhoe excavation. workmen with ltand tools, serni-truck and trailer
Site planring location are to be accesible reach forklift md ssni-ruck.
Pncing is based on peribrming all work to be done dunng nomal rveekday {\Ionday-Frida}-)da}-light
workrng hours {nv work to be pertbnned outside nomal workrng hurrs wrll be charged an additional
premium.
AII necessary permits fumished by oth€rs.
It this proposal ls not used as the sole contract befween The Landscape Center and the customer, then lt ls
to be made part olthe contract agreement tssued bl-, customer
Traffic cmtrol, if required, is included in this proposal with all fees and pmits paid for by The City of
Lake Elsinore.
\,,fetered water connection to be supplicd withtn 100'
Inspection Tube included in price.
4,510.00
1,615.00
2E5.00
45.I 00.007
t6.t50.00
2,850.00
We propose to perfbrm the above wott in accordance with the drawings md
specifications submined and completed in a workmmlike rnanner according to the
standard practices for the sum See above plus applicable taxes With payments to be
made as tbllows proBress completron. 10096,no retention to be held. Any alterations or
deviation from the above specifications involving extra costs will be made only upon
wnnen agrement. and will become ar extra chilge over and above the estimate. All
agreements are condngent upon strikes, accidents or delays beyond our control. You re
to carry fire, tomado and other necessary insurmce upon the above work. Our workers re
fully covered by Workmen's Compensation md Public Liabiliry [nsurance. Overdue
accounts will be charged at the rate of L5 o/o per rnonth. In the event it becomes
necessary to enforce this agrement by litigation. the prevaihng party shall be entitled to
court costs. attomey and collection t'ees. Authorized Signanrre:
Dillon Reynolds, Estimator Date 3128/2024
Acceptance ofproposal: The above prices, speciticatrons md conditions re satisthctory
and re hereby accepted. You ae authonzed to do the work as specified. Payment will be
made as outlined above. It is mderstood and agreed that this is work not provided for my
other agreement md no contractual ri
Accepted by: Signature
This bid is good for -60_ days from proposal drtc.
Cortrrctors are required by law to be licensed and
regulated by thc Conlr.ctors State License Bo{rd.
Any quGtions conccrtring r contractor mry be
r.fcrr.d to the r.gistrar ofthe bo.rd whosc addres is:
Conractors' State Liccnse Board P,O. Box 261x)0,
9t35 Gocthe Rd., Sacramento. CA 95t26
l'ou as owner or tcnrnt have the right to rcquire the
conlractor to hevc a pcrformancc and payment bond.
a ise untrl thrs proposal is accepted tn writing
Print name
Page 1
Proposal / Contract
The Lmdscape Center
9505 Clevelmd Ave
Riverside CA 92503
State Contractors Lic. # 553561
DIR# 100000409r
Thcl,arrrlscapr:(lcrrk:n
www.tlcnurseries.com
Fax#(e5l) 352-3655
Phone #(95 r ) 352-8383
Job Location:
Entry Walkway
Diamond Stadium
500 Dimond Drive
Lake Elsinore. CA
Prooosul Subnided h:
Cit_v of Lake Elsinore
130 South llain St
Lake Elsinore C,4 92530
Proiect Name:
Diamond Stadium
Cell Phone
Customer Fax
Customer Conlact
Contact E-mail
Date 3t)8i2024 Document# 773260 Bid No.Terms Net l0
otv Job D*ciption Price Each Total
I 00". Washcd Sand. as backfill tbr planting pahns rs rncluded rn thrs proposal
This proposal does not include any aftsffie, maintenance or guarantee/wananty.
Pricing dcs not include untying ofpalns 3G60 days after installation.
Aftercare, maintenance and yedy pruning can be provided for an additional cost.
Ihis proposal rs based on perfoming the work in I curtinuous operation and includes I mobilizatiou of
crews and equrpnrent to and Aom ilre site Any additional nrobilizations to tlre site will be an additional
s l]00
No impmt/export soil LTNLESS OPTION IS SELECTED.
Layout and staking is to be provided by odrers.
Although TLC takes ev€ry necessary precaution, we cannot be responsible for damage to lmdsc4e,
hrdscape or unmrked utilities.
Includes trash & debris generated from scope ofwork to be removed f-rom srte.
,fuiy mforesem mderground obstacles that caus€ delays and/or ue of additional equipment not nomally
used in the scope ofwork will be considered gxtra work.
,\ll demo and rernoval rvork adlaccnt to the trees to be installed is to lle performed prror to stan oftree
installation operations
Pricing bmed on all excavation perfomed by backhoe, Hand digging will be cmsidered extra work.
Erpon of sorl generated liom our excavation is an option on this proposal
Pricing includes I 12" x 4' sump per palm. Ifadditional drainage measures arerequired, additional mst
will apply. City is awae of site groudwater issues and the potential oversatu.ation of fie palms.
Quantrties and eract heights are sublect to avarlabilrry-' when ordcr is placed
We propose to pertbm the above work in accordmce with the drawings md
specifications submimed md completed in a workmanlike manner according to the
stmdard practices for the sum See above plus applicable taxes With palments to be
made as fbllows progress completion. l009o,no retention to be held. Any alterations or
deviation from the above specifications involving erlra costs will be made only upon
writtm agrement. and will become m extra chrge over and above the estimate. All
agreements are contingent upon strikes, accidents or delays beyond ou control. You re
to cary fire, tomado and other necessary insurmce upon the above work. Our workers ue
fully covered by Workmen's Compensation ald Public Liability Insurance. Overdue
accounts will be charged at the rate of 1.5 o/o per month. [n the event it becomes
necessary to enforce dris agreement by litigation. the prevailing prty shall be entitled ro
court costs. attomey md collection l'ees. Authorized Signature:
Authorized signature. D@
.{cceptance ofproposal: The above prices, specificatrons and condrtions ile satisthctory
md are hereby accepted. You are authorized to do;fi) work as specified Payment will be
made as outlined above. lt is uderstood and
other agleement md no contractual rights arise
Accepted by: Signature
Subtotal $6-l,100 oo
Sales Tax (8.75%) s3.e46 25
TOtal s68,046 25
This bid is good for _60_ days from proposal datc.
Contractors are required by law lo be licenscd and
regulated by thc Contr.ctors State Licensc Borrd.
Any questions conccrning a contractor may bc
rcfcrred to thc registrar of the bo.rd whose addres is:
Contrrctors' State License Board P.O. Box 26{10O,
9835 Goethe Rd., Sacramcnto, CA 95t26
&s Ntrer or tenont have the right to require thc
onlractor to have a pcrformance and payment bond.
Print name
thrs
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