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HomeMy WebLinkAboutKR Landscape Maintenance Inc; 2011-07-11;AGREEMENT FOR CLEANUP AT MAERKLE RESERVOIR SERVICES KR LANDSCAPE MAINTENANCE, INC. IITHIS AGREEMENT is made and entered into as of the / I day of 2011, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the\ City of Carlsbad, referred to as ("CMWD"), and KR Landscape Maintenance, Inc., a corporation, (Contractor"). RECITALS CMWD requires the professional services of a Landscape and Grounds Maintenance Contractor that is experienced in landscape and grounds maintenance at water reservoir properties. Contractor has the necessary experience in providing these professional services, has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. Scope of Work. CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibits "A" and "B", 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 sixty days from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be Seven Thousand dollars ($7,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services specified in Exhibits "A" and "B." 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 CMWD. Contractor will be under the control of CMWD 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. 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 rating in the Best's Key Rating guide of at least A- VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000)) each, unless otherwise authorized and approved by the General Counsel or the Executive 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 General Counsel Approved Version #05.06.08 1 canceled without thirty (30) days prior written notice to the CMWD by certified mail. CMWD and the City of Carlsbad will be named as additional insureds on General and Automobile liability. Contractor will furnish certificates of insurance to CMWD, with endorsements to CMWD prior to CMWD's execution of this Agreement. 7. Conflict of Interest. CMWD will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the Secretary of the Board those schedules specified by CMWD and contained in the Statement of Economic Interests Form 700. 8. 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. 9. Termination. CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD 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. 10. 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 Carlsbad Municipal Water District to terminate this Agreement. 11. Venue and Jurisdiction. 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. 12. 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 CMWD. 13. Amendments. This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. Prevailing Wager to Be Paid. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. General Counsel Approved Version #05.06.08 14.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 *By: (sign CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad (print name/title) \< R (e-mail address) deneral Manager Water Utilities ATTEST: LORRAINE M. WOOD Secretary (e-mail address) yl ----- ,^ '''"iinnO^ If required by CMWD, 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, CFOor Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel By:O _ De^puty^GeTTeral CouiVsel General Counsel Approved Version #05.06.08 WOLCOTTS FORMS. INC. CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On r>?4/\ Plgp before me, personally appeared 5hfrUVVVWiyi-C DflAu ft_yyA ' _, Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ja/jjre^ubscribed to the within instrument and acknowledged to me that 3xecuted the same inTTiSftretrtfeir^uthorized capacity(ies), and that by rignature(s) on the instrument tneperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. OFFICIAL SEAL I ANITA L.HUTCHtNS | NOTARY PUBUC-CMUramA $ wOmM> NO* |V940^O ** SAN DIEGO COUNTY • MY COMM. EXPiMAY 30130151 hand and official seal. Signature of Notary ATTENTION NOTARY The information requested below is OPTIONAL. It could, however, prevent fraudulent removal and reattachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED ONLY TO THE DOCUMENT DESCRIBED AT RIGHT Title of Type of Document Number of pages Date of Document Signer(s) other than named above Signer #1 name: Thumbprint signer #1 CAPACITY CLAIMED BY SIGNER(S) Q INDIVIDUAL(S) Q CORPORATE OFFICER(S) Q PARTNERS Q ATTORNEY IN FACT Q TRUSTEE(S) Q GUARDIAN/CONSERVATOR Q OTHER SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies)) Signer #2 name: Thumbprint signer #2 CAPACITY CLAIMED BY SIGNER(S) Q INDIVIDUAL(S) Q CORPORATE OFFICER(S) a PARTNERS Q ATTORNEY IN FACT Q TRUSTEE(S) Q GUARDIAN/CONSERVATOR Q OTHER SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies)) Wolcotts Forms, our resellers and agents make no representations or warranty, express or implied, as to the fitness of this form for any specific use or purpose. If you have any question, it is always best to consult a qualified attorney before using this or any legal document. © 2007 Wolcotts Forms, Inc.7 ""67775'632371111 8 #63237 REV. 11-07 KR LANDSCAPE MAINTENANCE, INC. City of Carlsbad Estimate Prepared by KR Landscape Maintenance, Inc. June6, 2011 Fax 760-295-9730 admin@krlandscapeinc.com Property off Applewood Lane 1. Cut Weeds and Brush Down to 4" and Spray from House at South End to House at North End Along East End of Property (Leave Coyote Brush - 3rd House From South End) Cut All Weeds 5' From Fence 2. Cut Weeds and Brush Around Cell Tower Fence 3. Cut Weeds and Brush Along White Wall at North Side of Property 4. Cut Weeds and Brush Along Fence at North Side of Reservoir 5. Cut Weeds and Brush Around Pipe Storage Area 6. Cut Weeds by Basket Ball Court, and Also West Side of Chlorine Station to Trees at West. Cut 2' on Each Side of Blacktop Road at North Side of House 7. Cut Weeds at Top of Reservoir and Berm North of House 8. Prune Trees Back off of Blacktop Road, Around House 9. North West of House, Cut Weeds in Dirt Area, Around Manholes and on West Side of Reservoir from Blacktop to Base of Slope 10. Cut Weeds to 2' on Either Side of Road, Down to Lower Chlorine Station. At Lower Chlorine Station, Cut Weeds on Slope Inside of Fence. Clear Weeds from Either Side of Road, Just off Blacktop on North Side and Out of Blacktop Total Labor and Materials: $4,000.00 Proposed by: Date Accepted by: Date 662 Clark Ave. • P.O. Box 232394 • Leucadia, CA 92023 • 760.295.9720 • fax 760.295.9730 • www.krlandscapeinc.com CA Stile Conlractot's I io-nse S-m»Ab KR LANDSCAPE MAINTENANCE, INC. City of Carlsbad Estimate Prepared by KR Landscape Maintenance, Inc. June6, 2011 Fax 760-295-9730 admin@krlandscapeinc.com Property off Applewood Lane 1. Cut Down All Coyote Brush, Then Add Mulch in Open Field Area Total Labor and Materials:$2.000.00 1. Return to this Area Within One Year and Spray Coyote Brush with Round-up so that it Continues to Grow Total Labor and Materials:$1,000.00 Proposed by:Date Accepted by:Date 662 Clark Ave. • P.O. Box 232394 • Leucadia, CA 92023 • 760.295.9720 • fax 760.295.9730 • www.krlandscapeinc.com CA SI.IIP Cnntwtnr's 1 kem- tH'Hfib