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HomeMy WebLinkAboutWest Coast Arborists Inc; 2007-05-30;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between West Coast Arborists, Inc, a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to Prune 30 trees and Clean up debris, per the Contractor's proposal dated 4/16/07 and the District specifications, for a sum not to exceed Three Thousand Fife Hundred Fifty dollars ($)3,550.00. This work is to be completed within thrity 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 its 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 City Attorney or the City Manager. 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, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the District to disqualify the Contractor from participating in contract bidding. init init 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. 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the -- 1 - Revised 02/11/02 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. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Joe Adams Water Operations. 5950 El Camino Real. Carlsbad. CA 92008 (Project Mgr) (Department) (Address) West Coast Arborists, Inc. By: 366764 (Sign Here) pTnahnney(dwf-ainc. c.om (Contractor's License Number) Patrick Mahoneyf President (Print Name and Title) •ess) Fppprsnn , As.cH sf ant- Sprrpf.ary (Print Name and Title) 5/30/07 Departrrfent Head Date 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 officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 'Deputy City Attofrey Revised 02/11/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On May 30, 2007 Date personally appeared _ before me Victor M. Gonzalez, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Patrick Mahoney and Rose Epperson Name(s) of Signer(s) VICTOR M. GONZALEZ I Commission * 1721297 I Notary Pubttc - CoHfomla | Orang* County ~ ^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person^) whose name(§) ie(gr^subscribed to the within instrument and acknowledged to me that . he/she(fhefeexecuted the same in Ats/hefltJ^ej) authorized capacities]) and that by NH6/he^heIJ>signature(g])on the instrument the person(s), or the entity upon behalf of which the person(sj)acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Public Works Letter of Agreement Document Date: May 30. 2007 Signer(s) Other Than Named Above: None . Number of Pages: RIGHT THUMBPRINT OF SIGNER Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney D Individual D Corporate Officer — Title(s): President D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: West Coast Arborists, Inc Top of thumb here Signer's Name: Rose Epperson D Individual D Corporate Officer — Title(s): Asst. Secretary C Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: ____ RIGHTTHUMBPRINT OF SIGNER Top of thumb here d^ ©2006 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toil-Free 1-800-876-6827 . Proposal 19309 State Contractors License #366764 Liability Insured Wost Coast Arbor ets, Inc. 2200 E. Via Burton Street Anaheim, California 92806 (714) 991-1900 FA,1: (714) 991-10 >7 PROPOSAL FOR TREE MAINTENANCE SERVICES CUSTOMER: CITY OF CARLSBAD ADDRESS: 5950 EL CAMIMO REAL CARLSBAD, CA 9200S CONTACT: J.W. ADAMS PHONE: (760)438-2722X7134 FAX: (760)431-1601 JOB LOCATION: Water Reservoir Saute Fe #1 (280 Viewpoint Dr, San Marcos) JOB DESCRIPTION: Clean up all debris within fence line. Includes all leaf litter and dead branches currently on th e ground. QTY DESCRIPTION 1 Debris Cleanup Lump Sum $1,600.0(1 $1,600.00 GRAND TOTAL: $1,600.')0 COMMENTS: ESTIMATED BY: MIKE PALAT Date: 4/16/2007 ACCEPTED BY:Dale: Paec 1 of! Proposal 1930S State Contractors License #366764 Liability Insured '!!i,,«.West Coast Arbor sts, Inc. 2200 E. Via Burton Street Anaheim, California 92306 (714) 991-1900 FAX (714) 991-10 !7 PROPOSAL FOR TREE MAINTENANCE SERVICES CUSTOMER: ADDRESS: JOB LOCATION: CITY OF CARLSBAD CONTACT: J.W. ADAMS 5950 EL CAMINO REAL PHONE CARLSBAD, CA 92008 FAX: Water Reservoir Saritc Fe #1 (280 Viewpoint Dr, : (760)438-2722X7134 (760)431-1601 San Marcos) JOB DESCRIPTION: Prune 30 Irees (various species) within fence line of facility. QTY DESCRIPTION 30 Tree Pnuiing Each S65.0C $1,950.00 GRAND TOTAL: $l,950.nO 1 COMMENTS: ESTIMATED BY: MIKE PALAT Date: 4/16/2007 ACCEPTED BY:Date: Piiiel of 1