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Crossroads Mulch Inc A2015-227 Services Agreement P 2'D [ 5- - 227 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 11 85 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. IA Comprehensive 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. El Auto Liability,including owned,non-owned and hired vehicles with at least: El $1,000,000 per occurrence. ❑ $100,000-300,000 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.) fZi 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 Compensation Attachments Zi Total Compensation Not-to-Exceed:$25.000.00 • N Expiration Date:06/30/2016 . 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.AGREEMENT IS EFFECTIVE AS OF DATE LAST SIGNED BELOW. Company Name: 1 Byrint name&title): Crossroads Mulch,Inc. (..O(J�G-C.?Y2 ' . 6 M I Company Mailing Address: City,State,Zip: 139252 Winchester Road,#107,132 I Murrieta,California 92563-7713 1Phone: E-Mail Address: 960.420.4595 I crmulchngmaii.com 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/DepartmentContact /Ji il Date initialed: 10/13/15 Vendor's Authorized Signature. (. //14-' Date signed: /0/1 7//is r • Dale signed:Authorized Signature: /P"I3-16' Li� Contract Compliance Approval: `_�_ 3 ' 7 z. A` Dale Approved: 1 `26—(.5-- Department SDepartment Director/Cily Manager Approval: Date Approved: fir'. 2.'r 5 1.GENERALLY. The services ( "Contract) covered by Ibis 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 (rt Contractor, in accepting this contract, agrees to be hound 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 terns expressly understood and agreed that the foregoing provisions arid conditions in this contract. The terms of any proposal will survive termination of this contracl, The requirements as to referred to in this contract are included and made a part of the the types and limits o insurance coverage to he 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 mariner 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 8,WARRANTY. Contractor agrees that the Contract is covered by cost of or the time required for performance of this contract, an the roost favorable commercial warranties the Contractor gives to equitable adjushnent in the price or delivery or both mast be any customer for the same or substantially similar services, jr made, No change by Contractor is allowed without City's written such other more favorable warranties as is specified in this I approval. Any claim by Contractor for an adjustment under this contract. Warranties will he effective notwithstanding any section must he 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 contrast without City's wrilten 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 street of this Services Agroemerd. or in writing,with or without cause. Should termination occur, City 1 t.PERMITS. Contrac:or must procure all necessary permits acrd i will pay Contractor as full performance until such termination the licenses, and abide by all federal, state, and local lairs, 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 I2.INDEPENDENT CC NTRACTOR. City and Contractor agree termination for Contractors default if Contractor refuses or fails io that Contractor will act as an independent contractor and will inn-ve 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 In contract for snnilar service to he within the time specified(or allowed by extension), Contractor‘.nnill 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 I 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 Contractor's control and without Co'ntractor's fault contract that'nay appear to give City the right to direct Contractor err negligence. In the event delay was caused by City, as to the details of doing the aaork 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 lire 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 arid remedies under product prepared by Contractor under this contract will riot be this contract are not exclusive and are in addition to any rights construed to operate as a waiver of any rights Cily 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 Contractor's performance. A waiver by City of any broach 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 ru 7.INDEMNIFICATlON, Contractor agrees to indemnify and hold any oilier 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, t4,INTERPRE IAP ION, Bus 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 foss or damage California, and exclusive venue for any action involving this which is caused by the sole active negligence or willful acreemeni will be in Sar; Bernardino County. misconduct of the City. Should City be named in any soil,or Exhibit A Scope of Work Contractor (Company): Name of Company: Crossroads Mulch. Inc. 39252 Winchester Road #107, 132 Murrieta, CA 92563-7713 Attn: Shawn Nutter (960)420-4595 crmurch@gmail.com Description of Service: : s Deliver and install (blown-in at site}: California Play Fiber` IPEMA Certified to ASTM F1292 & F2075 Specs to various locations as needed. o Quoted price of$39.00 + tax per cubic yard Any one service/incident may not exceed $5,000.