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HomeMy WebLinkAboutSteven Smith Landscape Inc; 2014-10-23; UTIL1134UTI Lll 34 AGREEMENT FOR REMOVAL OF EUCALYPTUS TREES AT SANTA FE 1 STEVEN SMITH LANDSCAPE, INC. HIS AGREEMENT is made and entered into as of the ^ c3 day of IS AGREEMENT is made and entered into as of the ^ P 2014, by and between fhe ( 2014, by and between fhe CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District ofthe City of Carlsbad, ("CMWD"), and STEVEN SMITH LANDSCAPE, INC., a California corporation, ("Contractor"). RECITALS CMWD requires the professional services of a landscaper that is experienced In the removal of trees. 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 fourteen (14) calendar days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand one hundred seventeen dollars ($4117). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD resen/es the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Sen/ices 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 Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the 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 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, 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. General Counsel Approved Version 1/30/13 UTIL1134 The parties expressly agree that any payment, attorney's fee, costs or expense CMWD incurs or makes to or on behaif 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 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 othenwise 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. 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 Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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. 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 Carisbad 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. 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 General Counsel Approved Version 1/30/13 UTIL1134 will be in writing, signed by both parties, with a statement of estimated changes in charges ortime 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 ofthis Agreement. CONTRACTOR STEVEN SMITH LANDSCAPE, INC., a California corporation By: (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 Carisbad Bv (print name/title) By (signShere) 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 officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel Assistant General Cdlinsel General Counsel Approved Version 1/30/13 STEVEN October 7, 2014 Eric Sanders City of Carlsbad Water Facilities 1635 Faraday Avenue Carlsbad, CA 92008-7314 Exhibit "A" SMITH RE: City of Carlsbad Water Facilities LANDSCAPE INC. 1916 Dear Eric, The following is a bid as requested for removal of Eucalyptus at View Point Drive: Scope of work: 1. Remove (4) 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 brush and debris. COMMERCIAL STREET Total Cost: $ 4,117.00 • 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. This bid is good for 30 days. ESCONDIDO CALIFORNIA 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 Authorization to schedule work Date 92029 TEL 760.745.9916 Sincerely, FAX 760.745.1982 Armando Diaz, Maintenance Supervisor STEVEN SMITH LANDSCAPE, INC.