HomeMy WebLinkAboutSteven Smith Landscape Inc; 2015-05-16; UTIL1211UTIL1211
AGREEMENT FOR REMOVAL OF TREES AT ELM RESERVOIR
STEVEN SMITH LANDSCAPE, INC.
EMENT is made and entered into as of the / (/> day of
2015, by and between the CARLSBAD MUNICIPAL
WATER DISTBiCT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad, ("CMWD"), and STEVEN SMITH LANDSCAPE, INC.,
a California corporation, ("Contractor").
RECITALS
CMWD requires the professional services of a landscape contractor that is experienced in
tree removal. 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 thirty (30) days from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be three thousand one hundred five
dollars ($3,105). 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. WAGE RATES
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 Sections
1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California
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.
5. 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.
6. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD 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.
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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'
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.
7. 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-:VH";
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 othenfl/ise 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 CMWD by certified mail. CMWD will be
named as additional Insured on General Liability which shall provide primary coverage to CMWD.
The full limits available to the named insured shall also be available and applicable to CMWD as
an additional Insured. Contractor will furnish certificates of Insurance to CMWD with
endorsements to CMWD, prior to CMWD's execution of this Agreement.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk In accordance with the
requirements ofithe City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
9. COMPLIANCE WITH LAWS
Contractor will comply with ail 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.
10. 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.
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 CMWD 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.
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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 CMWD.
14. 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.
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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
STEVEN SMITH LANDSCAPE, INC., a
California corporation
By:
BL
(sign here)
Steven P. Smith / President
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad
By:
(print name/title)
By:
(sign kiiere)
Dorothy Smith / Secretary-Treasurer
(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 offlcer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
By:_
Assistant General Cbunsel
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Eric Sanders
City of Carlsbad Water Facilities
5950 El Camino Real
Carlsbad, CA 92008
March 24,2015
Exhibit "A"
STEVEN RE: City of Carlsbad: " Tree removal at Elm Reservoir"
SMITH
LANDSCAPE
iNC
1916
Dear Eric,
The following is a bid for the removal of Eucalyptus trees along the east fence.
Item Description $ Amount
Approved •
1
Remove (3) Eucalyptus trees
A. Cut to low stumps. No stump grinding will be
done.
B. Cut and pile firewood near stumps.
C. Chip and remove resulting baish and debris.
2,817.50
2 Option to remove firewood 287.50
• Price includes removal of all resulting debris. Some leaves and sawdust may remain after the
work is completed. All debris will be removed on a daily basis.
• Price includes prevailing wage rate.
COMMERCIAL
STREET
This bid is good for 30 days.
If you would like us to schedule this work, please sign this form below and
return it to our office by fax: (760) 745-1982
ESCONDIDO Authorization to schedule work Date
CALIFORNIA
92029
TEL 760.745.9916
Sincerely,
Armando Diaz, Maintenance Supervisor
STEVEN SMITH LANDSCAPE, INC.
FAX 760.74 5.19«2