HomeMy WebLinkAboutPlant-Tek Inc; 2012-04-17; UTIL868UTIL868
AGREEMENT FOR WEED AND INSECT CONTROL SERVICES
(PLANT-TEK, INC.)
GREEMENT is made and entered into as of the /,7^ day of
, 2012, by and between the CARLSBAD MUNICIPAL
"ER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad, ("CMWD"), and PLANT-TEK, INC., a California
Corporation, ("Contractor").
RECITALS
CMWD requires the professional services of a Post-Emergent Weed Control and Insect
Control at the Carlsbad Water Recycling Facility that is experienced in post-emergent weed
control and insect control. 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 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 hundred twenty (120) days from the date
first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be two thousand four hundred five
dollars ($2,405). 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
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 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 CMWD and its officers, officials, employees
and volunteers from and against ail 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 CMWD incurs
or makes to or on behalf of an injured employee under the CMWD's self-administered workers'
General Counsel Approved Version 2/17/12
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 ofthis 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
othen/vise authorized and approved by the Risk Manager 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
canceled without thirty (30) days prior written notice to CMWD by certified mail. CMWD will be
named as additional insured on General Liability which shall provide primary coverage to
CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD,
prior to CMWD's execution of this Agreement.
7. 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 four categories.
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 CMWD to terminate this
Agreement.
11- 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.
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.
General Counsel Approved Version 2/17/12
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. 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
PLANT-TEK, INC., a California corporation
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary District of th§ City of Carlsbad
By
Procidont, Executive Manager or Director
HLL/)P^ fllh^Ai
czer r u Jlprint name/tille)
(sign here)
(print name/title) _
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,
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:
RONALD R^BALL, General Counsel
General Counsel Approved Version 2/17/12
EXHIBIT "A"
SCOPE OF SERVICES
Treatment of 76,000 sq feet area with generic roundup herbicide $1,200.00
Follow up treatment after 3 weeks $ 425.00
Adding pre-emergent herbicide $ 250.00
Thrips insect control treatment for myoporum (2 applications 60 days apart) $ 530.00
TOTAL $2,405.00
General Counsel Version#05.06.08
EXHIBIT "A"
Plant-Tek, Inc
20110 Elfin Forest Lane #B
Escondido, CA 92029
(760) 471-6420 Office (760) 471-9415 FAX
Email: planttek@yahoo.com
Carlsbad Water Recycling Facility
Attn: William E Plummer
1635 Faraday Ave
ESTIMATE
Apr-02-2012
Estimate Site
Carlsbad Water Recycling Facility
Carlsbad Water Recycling Facility
6220 Avenida Encinas
Phone: 760-602-7503
FAX 760-602-8562 Gate Code
Carlsbad, CA 92008
Map Code:
Description
SERVICE:Job Estimate
No Item Assigned
No Foam A/Creative Mkting & Res
Weeds: Post-emergent
Myoporum:thrips
Weeds:Pre-emergent
Redwing/Phoenix Environ Care
Credit Extra/NuFarm
Comments:
Ms. Elzbieta Karczewskl
As per your request to treat the very large weeds at the site as they are and not after they are cut, we can
proceed with the treatment but a second treatment may be necessary due to the thick stand of weeds.
I recommend treatment of the 76,000 sq ft area that we examined with generic roundup herbicide
(glyphosate) and a quick bum down material called Redwing (diquat) for control of the weeds. The cost for
treatment is $1200 if the weeds have not been cut and removed.
A second follow-up treatment will be necessary for a fee of $425. This should be done 30 days after the
initial treatment.
We should also add a pre-emergent herbicide to our mixture to help prevent this weed problem from
retuming. The extra cost for adding pre-emergent herbicide is $250.
Lastly, the 27 myoporum shmbs located along the north edge of the property would benefit from treatment
for thrips insect control. The cost for treatment is $265 per application. Two applications should be made 60
days apart to allow the shrubs to re-grow leaves. Thereafter, quarterly or bi-annual treatments will keep the
shmbs healthy.
Sincerely, Jack Olmstead, M.A., PCA
This estimate was prepared by Jack Olmstead and is good for 60 days. ^^^^'^^ /
Please proceed with this work. Authorized by:
Job #/P.0. #