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HomeMy WebLinkAboutWisniewski and Associates; 2018-10-19;AGREEMENT FOR ARBORIST CONSUL TING SERVICES WISNIEWSKI & ASSOCIATES v, _ L"!:..HIS AGREEMENT is made and entered into as of the I q-tv\. day of U Q'rU~ , 2oill, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Wisniewski & Associates, a landscape architect firm, ("Contractor''). RECITALS City requires the professional services of an arborist that is experienced in examining and evaluating trees. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one year from the date first above written. 3. COM PENSA llON The total fee payable for the Services to be performed shall not exceed ten thousand dollars ($10,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 6/12/18 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Kyle Lancaster Title Parks Services Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2826 For Contractor Name Mark Wisniewski Title Owner --------------- Address 2036 Countrywood Way Encinitas, CA 92024 Phone No. 760-436-5308 wisniewskiandassociates@gmail. Email com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ NoD 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. City Attorney Approved Version 6/12/18 2 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. II II II II II II II II II II II II II 3 City Attorney Approved Version 6/12/18 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sr here) t1 Art\<--\t.. , ~· tJ, e \bf~ I<-, (pdnt name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER, City Attorney By fhJ (!-, Assistant City Attorney City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES Wisniewski & Associates (Contractor) will provide arborist consulting services as requested by City to revise the 'Carlsbad Historic Village District Heritage Tree Report 2002' and the 'Carlsbad Heritage Tree Report Phase II 2011 '. Contractor will provide current size and condition information on all trees remaining from the above reports, and update all associated information including management recommendations. City will update GIS maps in the reports, revise page numbering in the reports, and provide revised reports to Contractor for final review. City will provide Contractor with a printed copy and an electronic file of each of the revised reports. FEE SCHEDULE ITEM DESCRIPTION PRICE NO. 1 Scope of services described herein $7,500.00 2 Additional, as-needed services require preapproval by City. Hourly rates $2,500.00 as follows: • Arborist Consulting Services $200/hour • Design Services $200/hour • Construction Management Services $200/hour TOTAL $10,000.00 Agreement amount shall not exceed $10,000 City Attorney Approved Version 6/12/18 5 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, t1,r1u< v/, SJ-.( l 11> V.,/!{< I • am the So{.,{t @of ll ( f tJ{c [insert name] [title] of \M ~,-.f I ,,..,JJ~K• -/ Agso t ,,tT&.iI hereby certify that vi Sr(/ G\t-.l§/c I { /t.$S"PC 111-"Ter [ name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should W, ~ t::{t ews/C 1 { A4_s'-c, c, l'Y[/:5{ employ any person during the term [name of company] of the Agreement with the City of Carlsbad for Ke u ts, vJC,., t flvp /,/.ea, 1 kt e, Tl? tf/3 Rr:l/' t,t tr [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. (/t,.1,-~,(, Wt OJ It/ M/11 1 lhf OC I <J-:1 ~ [Title and name of company or corporation] 06/15/2006 25 INTERINSURANCE EXCHANGE of the Automobile Club MAILING ADDRESS: P. 0. BOX 25001, SANTA ANA, CALIFORNIA 92799-5001 BINDER OF INSURANCE Proof of Insurance For: Policy Number CAA070218639 City of Carlsbad (ATTN: Parks & Recreation) 799 Pine Avenue, Suite 200, Carlsbad CA 92008 Policy Effective Dates: 06/28/18 -06/28/19 The lnterinsurance Exchange of the Automobile Club hereby acknowledges itself bound to the named insured for the coverages specified in the schedule subject to all the provisions of the Exchange's applicable policy form. The issuance of a policy to the named insured or, if a policy is in force, the issuance of an endorsement covering the automobile, boat or trailer described herein shall void this binder. A pro rata premium charge computed for the term of coverage in accordance with the current rates of the Exchange in effect at the inception of the binder will be made unless such a policy or policy endorsement is issued. This binder shall not be construed to afford cumulative insurance with any existing policy. Name of Insured MARK WISNIEWSKI DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER Car# Year Trade Name Type of Body Identification Number 2012 SUBARU SUV 4S4BRBFC7C3270997 AUTOMOBILE INSURANCE LIMITS OF LIABILITY "x" indicates Coverage bound and afforded Bodily Injury Liability $1,000 thousand dollars, each person Car# Car# Car# $1,000 thousand dollars, each occurrence Property Damage $1,000 thousand dollars, each occurrence Medical Payments $5,000 each person Underinsured/Uninsured Motorist Not less Than $30,000 each person/$60,000 each accident Comprehensive (include Fire and (a) Actual Cash Value less $500 deductible Theft) (b) Limit of Liability of less deductible Collision (a) Actual Cash Value less $500 deductible (b) Limit of Liability of less deductible Rental $35 Uninsured Deductible Waiver Yes DRIVERS ON POLICY LIMITS OF LIABILITY "x" indicates Coverage bound and afforded MARK WISNIEWSKI thousand dollars, each occurrence Actual Cash Value not to exceed Limit of Liability of less deductible Effective Date of Binder July 9, 2018 12:01 AM This binder shall expire 30 days from the effective date or may be canceled by the named insured at any time during such 30 day period. The Exchange may cancel this binder by mailing to the named insured at the address shown above written notice stating when, not less than 19 days thereafter, such cancellation shall be effective. The mailing of such notice shall be sufficient proof of notice. 30510 E 8-87 ACSC Management Services, Inc ATTORNEY-IN FACT I ~ WISNl-1 nPID·Kl=l ACORD" CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 07/10/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsementlsl. PRODUCER 760-724-8816 ~~CT Bomba Insurance Agency Bomba Insurance Agency wgi'i,, Ext): 760-724-8816 l Wc, No): 760-724-9456 PO Box 429 Vista, CA 92085-0429 ~ss: Bombalns~aol.com Bomba Insurance Agency INSURERISl AFFORDING COVERAGE NAICt# INsuRERA: RLI Insurance Comoanv INSURED Wisniewski & Associates INSURERS: 2036 Countrywood Way INSURERC: Encinitas, CA 92024 INSURERD: INSURERE: INSURERF: rnV"'"'A/':ZS:i:; CERTICll'.I\TS: II.IIIMClCD· i:.,s:vii:;In11.1 NI IUClCD· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ir~ TYPE OF INSURANCE 1~.P~ I~ POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE CK] OCCUR y BOP1018488 01/12/2018 01/12/2019 DAMAGET9~~E~,~one $ 50,000 MED EXP (Anv one nerson) $ 5,000 A X Terrorism Coverag PERSONAL & ADV INJURY $ 1,000,000 1-- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 ~ POLICY • j~Bi-• LOC PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER $ / AUTOMOBILE LIABILITY 1-- ~(?_~~l.~_t~,\3INGLE LIMIT $ ANY AUTO BODILY INJURY !Per person) $ ,__ OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY IPer acc1dentl $ -- -~[Wffi;ONLY -~mtii1~ Fte9~~§Ven?JAMAGE $ $ UMBRELLA LIAS H OCCUR EACH OCCURRENCE $ - EXCESS LIAS CLAIMS-MADE AGGREGATE $ DED I I RETENTON $ $ WORKERS COMPENSATION I PER I I OTH-AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTVE • N/A EL EACH ACCIDENT $ ~FIC~RM~R EXCLUDED? and ory n ) EL DISEASE -EA EMPLOYEE $ If yes, describe under EL DISEASE -POLICY LIMIT $ DESCRI PT! ON OF OPERA Tl ONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Expert Witness consultant **City of Carlsbad, its officers officials, employees, agents and volunteers, are named as Additional Insured, per attached endorsement CERTIFICATE HOLDER CANCELLATION COCAR-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad** THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Att: Parks & Recreation 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 ~~.K ~· , ~,.,.__ I ACORD 25 (2016/03) @1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: BOP1018488 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Section II -Liability is amended as follows: A. The following is added to Paragraph C. Who Is An Insured: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these addi- tional insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement. the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits Of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad Attn: Parks & Recreation 799 Pine Ave., Ste. 200 Carlsbad, CA 92008 its officers, officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. BP 04 48 0713 © Insurance Services Office, Inc., 2012 Page 1 of 1