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Natures Image A2015-37 15-3 Services Agreement Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of Chino Hills. Only those items checked-off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability Insurance must meet or exceed the requirements of ISO-CGL Form No.CG 00 01 1185 or 88. The amount of Insurance set forth below will be a combined single limit per occurrence for bodily Injury,personal Injury,and property damage for the policy coverage. Liability policies will be endorsed to name the City,its officials,and employees as "additional Insured's" under said insurance coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be carried by the City will be excess thereto. Workers'Compensation policies shall waive all rights of subrogation against City, its officers,officials, employees and agents for losses arising from work performed by Consultant for City. Such insurance must be on an "occurrence," not a"claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a Contract order or an authorization to begin work. • Comorehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least$1,000,000 per occurrence. The City of Chino Hills is to be listed as an additionally insured party. • Auto Liability, Including owned, non-owned and hired vehicles with at least: ® $1,000,000 per occurrence. ❑ 5100.000-300.000 per occurrence, ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers' Compensation Insurance:as required by State Statutes including Waiver of Subrogation. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) El Business License: The SERVICE PROVIDER shall agree to have a current City of Chino Hills license on file at City Hall or purchase said license(at no cost to the City). ® Scope of Services and/or Comoensation Attachments ® Total Compensation Not-to-Exceed: $14.572.00 ® Expiration Date: June 30.2015 PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRiOR TO THE ISSUANCE OF A CITY CONTRACT BEING SENT TO YOU(ViA FAX OR HARD COPY)BY THE CONTRACT COMPLIANCE OFFICER,THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. ICompany Name: I BS (PrintRname&title): Natures Image even einoehl ICompany Street Address: I City,State,Zip: I 20361 Hermana Circle Lake Forest,CA 92630 IPhone: E-Mall Address: (949)680.4450 i sreinoehl@naturesimage.net Mall two copies of the original agreement along with proof of insurance to:City of Chino Hills—City Clerk,14000 City Center Drive,Chino Hills,CA 91709 Originator/Department Contact: Tad Gamely . Date initiated: 1/9/15 Vendor's Authorized Signature: /Z Dale signed: JaL 13 ,240 15 ^ Risk Management Approval: --� Date Approved: 1 r� //// - Department DirecloriClty Manager Approval: /i� GUS%U Dale Approved: 13 /3"-- 1.GENERALLY. The services ( °Contract°) covered by this should any claim be brought against it by suit or otherwise, services agreement must be furnished by Contractor subject to all whether the same be groundless or not, arising out of the the terms and conditions contained In this contract which Contract or their performance, Contractor will defend City (at Contractor, in accepting this contract, agrees to be bound by and City's request and with counsel satisfactory to City) and indemnify comply with In all particulars. No other terms or conditions are City for any judgment rendered against it or any sums paid out In binding upon the parties unless subsequently agreed to in writing. settlement or otherwise, For purposes of this section °City" Written acceptance of all or any portion of the Contract covered includes City's officers, elected officials, and employees. It is by this contract constitutes unqualified acceptance of all terms expressly understood and agreed that the foregoing provisions and conditions In this contract. The terms of any proposal will survive termination of this contract. The requirements as to referred to In this contract are included and made a part of the the types and limits of insurance coverage to be maintained by contract only to the extent it specified the Contract, the price, and Contractor, and any approval of such insurance by City, are not the delivery, and then only to the extent that such terms are intended to and will not in any manner limit or qualify the liabilities consistent with the terms and conditions of this contract. and obligations otherwise assumed by Contractor pursuant to this 2.CHANGES. City may make changes within the general scope contract, Including, without limitation, to the provisions concerning of this contract by giving notice to Contractor and subsequently Indemnification, confirming such changes in writing, If such changes affect the 6,WARRANTY. Contractor agrees that the Contract Is covered by cost of or the time required for performance of this contract, an the most favorable commercial warranties the Contractor gives to equitable adjustment in the price or delivery or both must be any customer for the same or substantially similar services, or made. No change by Contractor is allowed without City's written such other more favorable warranties as is specified In this approval. Any claim by Contractor for an adjustment under this contract. Warranties will be effective notwithstanding any section must be made in writing within thirty (30) days from the inspection or acceptance of the Contract by City. date of receipt by Contractor of notification of such change unless 9.ASSIGNMENT. City may assign this contract. Except as to any City waives this condition in writing. Nothing In this section payment due under this contract, Contractor may not assign or excuses Contractor from proceeding with performance of the subcontract the contract without City's written approval. Should contract as changed. City give consent, it will not relieve Contractor from any 3, TERMINATION. This agreement will terminate on the date obligations under this contract and any transferee or noted unless extended In advance and In writing by the City subcontractor will be considered Contractor's agent. Manager or Department Director, as applicable. City or 10.INSURANCE, Contractor must provide the insurance Contractor may terminate this contract at any time, either verbally indicated on the face sheet of this Services Agreement. or in writing, with or without cause. Should termination occur, City 11.PERMITS. Contractor must procure all necessary permits and will pay Contractor as full performance until such termination the licenses, and abide by all federal, stale, and local laws, for unit or pro rata contract price for the performed and accepted performing this contract. portion of the Contract, City may provide written notice of 12.INDEPENDENT CONTRACTOR. City and Contractor agree termination for Contractors default If Contractor refuses or fails to that Contractor will act as an independent contractor and will have comply with this contract. If Contractor does not cure such failure control of all work and the manner In which is It performed. within a reasonable time period, or fails to perform the Contract Contractor will be free to contract for similar service to be within the time specified (or allowed by extension), Contractor will performed for other employers while under contract with City. be liable to City for any excess costs Incurred by City. Contractor Is not an agent or employee of City and is not entitled 4. TIME EXTENSION. City may extend the time for completion If, to participate In any pension plan, insurance, bonus or similar in City's sole determination, Contractor was delayed because of benefits City provides for Its employees. Any provision In this causes beyond Contractors control and without Contractors fault contract that may appear to give City the right to direct Contractor or negligence. In the event delay was caused by City, as to the details of doing the work or to exercise a measure of Contractor's sole remedy Is limited to recovering money actually control over the work means that Contractor will follow the and necessarily expended by Contractor because of the delay; direction of the City as to end results of the work only. there is no right to recover anticipated profit. 13.WAIVER. City's review or acceptance of, or payment for,work S.REMEDIES CUMULATIVE. City's rights and remedies under product prepared by Contractor under this contract will not be this contract are not exclusive and are In addition to any rights construed to operate as a waiver of any rights City may have and remedies provided by law. under this Agreement or of any cause of action arising from 6.PAYMENT. City will pay Contractor after receiving acceptable Contractors performance. A waiver by City of any breach of any invoices for services rendered and accepted. Drafts will not be term, covenant, or condition contained in this contract will not be honored. deemed to be a waiver of any subsequent breach of the same or 7.INDEMNIFICATION. Contractor agrees to Indemnify and hold any other term, covenant, or condition contained In this contract, City harmless from and against any claim,action,damages,costs whether of the same or different character, (including, without limitation, attorney's fees), Injuries, or liability, 14.INTERPRETATION, This Agreement was drafted In,and will arising out of the Contract, or their performance, regardless of be construed in accordance with the laws of the State of City's passive negligence, but excepting such loss or damage California, and exclusive venue for any action involving this which is caused by the sole active negligence or willful agreement will be in San Bernardino County. misconduct of the City. Should City be named in any suit,or As, natures image www.natw'esimage.net Tad Garrety City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 (909) 364-2722 December 12, 2014 RE: SELECTIVE CLEARING OF THE LOWER LOS SERRANOS SKATE PARK PILOT CHANNEL AND DRAINAGE DITCH The not to exceed bid amount submitted by Natures Image represents all costs to complete the project work contained in Project Specifications: SELECTIVE CLEARING OF LOWER LOS SERRANOS MITIGATION ARE—POLIT CHANNEL BED AND BANK AREA(ABOVE WATER SURFACE ONLY dated November 19, 2014 and the inclusion of the Drainage Ditch based on page 10 of the maps provided with Selected Vegetation Trimming and Herbicidal Applications at 19 Flood Control Facilities Proposal from August 21, 2014. PROPOSAL Item Description Units Unit Rate Total 1 Trimming and Disposal Vegetation 1 LS $ 14,572.00 $ 14,572.00 TOTAL $14,572.00 INCLUSIONS & NOTES: This Proposal is based on clearing of vegetation only as specified in the bid documents, SELECTIVE CLEARING OF THE LOWER LOS SERRANOS SKATE PARK PILOT CHANNEL BED AND BANK AREA (ABOVE WATER SURFACE ONLY) at the Skate Park Channel and Drainage Ditch locations. Pricing for sediment removal was not included with this proposal. Sediment removal will be considered an additional cost to the contract if requested by the CITY. Vegetation cleared from the channel and drainage ditch will be loaded and hauled to an appropriate waste facility by Natures Image. The CITY will need to provide onsite direction on location of vegetation to be removed. Natures Image is an open shop company that is not signatory to a union. Items not specified in this bid are neither implied nor included. This proposal shall become an addendum to any contract with the terms set forth in this addendum which shall supersede any conflicting terms in any other contract documents. ITEMS AND SERVICES NOT INCLUDED IN THIS PROPOSAL: Additional mobilization, mucking out and hauling sediment, herbicide or herbicide treatments, biologist, concrete work, electrical work, erosion control or maintenance of erosion control, fence removal or maintenance, safety fencing, fertilizer, soil amendments, irrigation installation or repairs, jute netting, coir materials, straw wattles, BMP installation and/or maintenance, mulch, pictures and photo documentation, plant purchase, plant guarantee, plant protection, rip rap, ripping, retention, seeding, seed germination guarantee, silt fencing, site protection, straw blowing, surveying, flagging of boundaries, soil samples or testing, traffic control, cost of water, water source, water meter, repair due to acts of God, war, vandalism or neglect/damage by Owner or others, permits, bonds, waivers of subrogation and additional insurance endorsements beyond what is specified in the contract documents. Any items not specifically mentioned in the inclusions above. Bid Price: Good for 30 days Terms: Net 30 days Thank you for the opportunity to provide this proposal. //,_. . flj� Steven Reinoehl Director Direct Line: (949)680-4417 Email: sreinoehl@naturesimage.net 20361 Hermana Circle, Lake Forest, CA 92630 Phone: (949) 680-4400 Fax: (949) 680-4450 Arizona A-21 168366 California A& C-27 720512 Nevada C-10 0052677 Certified Small Business, DGS#15579 &Women Owned Business, WBENC#2005115179 `,