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Home My WebLink AboutSutton Tree Service Inc; 2013-07-25;Tracking #: CARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT TO REDUCE HEIGHT OF EUCALYPTUS TREES AROUND SKYLINE RESERVOIR CONTRACT: CONTRACT NNNN] This letter will serve as an agreement between Sutton Tree Service, Inc., a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to reduce the height of the eucalyptus trees around Skyline Reservoir, per the Contractor's proposal dated 7/25/2013 and the District specifications, for a sum not to exceed Four Thousand Two Hundred Fifty dollars ($)4,250.00. This work is to be completed within thirty (30) calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad and the District, and their agents, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the District; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or Indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the District. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and employers liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the Risk Manager or the Executive Manager of the District. Said policies shall name the City of Carlsbad and the District as a co-insured or additional insured. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the District. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statutes, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, GovernnrieslXode sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq init \Se^^X 6. The Contractor hereby acknowledges that debarment by another Jurisdicta is grounds for the District to disqualify the Contractor from participating in contract biddinq<^^^itQ(^rfft 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. [NAME OF CONTRACT: CONTRACT NNNN] .. ^ .. General Counsel Approved 6/18/13 Tracking #: 8. 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 Section 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. 9. CMWD Contact: Jase Warner, 760-438-2722 Contractor Contact: Dean Sutton, 800-909-8733 CONTRACTOR Sutton Tree Service, Inc. 2236 S. Santa Fe Ave, Vista, CA 92084 800-909-8733 p 760-727-3813 f [Enter E-mail] CARLSBAD MUNICIPAL WATER DISTRICT ^^^^^^^^ hean Su-hn^ Pres: Deputy Executive Manager or Division Uirecior as authorized by the Executive Manager (print name/title) (sign here) l&i^ 'n SwHvn VP (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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 BY: [NAME OF CONTRACT: CONTRACT NNNN] 2 ~ General Counsel Approved 6/18/13 Sutton Tree Service, Inc. 2236 S Santa Fe Ave Vista, CA 92084 Contractors License #591236 1-800-909-TREE www.suttontreeinc.com Fax: 760-727-3813 Date Estimate # 7/25/2013 2198 City ofCarlsbad Attn: Jace Project Skyline Tank Description Qty Total Skyline Reservoir across from 4274 Skyline Drive, Carlsbad All Eucalyptus: (around tank west side) Reduce height approx. 10-15', reduce overhangs, remove some smaller ones. Dead Myoporom: (north and east side): Remove Eucalyptus: Reduce close to old cuts 4,250.00 0.00 If you have any questions regarding this estimate, please call our office. Total $4,250.00