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HomeMy WebLinkAboutWest Coast Arborists; 2007-11-04;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between West Coast Arborists, a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide ail equipment, material and labor necessary to Remove (1) dead Eucalyptus tree, (1) dead Melaleuca tree, (1) dead Acacia tree, trim (7) Eucalyptus trees, remove all Sumac on Southeast corner of lot, per the Contractor's proposal dated 10/10/2007 and the District specifications, for a sum not to exceed Four Thousand Eight Hundred Thirty dollars ($)4,830.00. This work is to be completed within 30 (thirty) 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 Qpdjfe semior^s 12650, et^seg.. and Carlsbad Municipal Code Sections 3.32,025,* etseo \V jB&Sr init 6. The Contractor hereby acknowledges that debarntent by another jurisdicti the District to disqualify the Contractor from participating in contract bidding. 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. - 1 - Revised 02/11/02 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. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: "~" ~ Carlsbad. CA 920Q8 (Project Mgr)(Department) West st Arborists, Inc By: (Sign Here) pmahoney@wcalnc.com (Address) #366764, C27 and C61/D49 (Contractor's License Number) Patrick Mahoney, President (Print Name and Title) :-mail Address) By:Richard Mahoney, Asst. Secretary (Print Name and Title) 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 **0roup 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 LABY: Deputy CityAttorn 2 —Revised 02/11/02 TOTflL P.03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10/30/07 Date personally appeared before me, Victor M. Gonzalez, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Patrick Mahoney and Richard Mahoney Name(s) of Signer(s) ^personally known to me D (or proved to me on the basis of satisfactory evidence) VICTOR M. OONZAUZ Commission* 17212*37 Nokny PuMc - CoMomto f Orongo County Comoxlrtoi KH27.2W1 Place Notary Seal Above to be the person(s^whose name(|)<(Crare)subscribed to the within instrument and acknowledged to me that beZsbewjfij^executed the same ia45i^hermejj) authorized capacity's), and that by ht9/he^ej^signa!ureti)on the instrument the person^ or the entity upon behalf of which the person(s/ acted, executed the instrument. WITNESS my hand and official seal. 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:.10/10/07 Signer(s) Other Than Named Above: . Number of Pages: RIGHT THUMBPRINT OF SIGNER Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney D Individual 3 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: Richard Mahoney D Individual 3Corporate Officer — Title(s): Asst. Secretary 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. RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 Proposal 19782 State Contractors License #366764 Liability Insured West Coast Arborists, Inc. - ' 2200 E. Via Burton Street Tig Anaheim, California 92806 (714) 991-1900 FAX (714) 991-1027 PROPOSAL FOR TREE MAINTENANCE SERVICES CUSTOMER: ADDRESS: CARLSBAD MUNICIPAL WATER 5950 EL CAMINO REAL CARLSBAD, CA 92008 JOB LOCATION: CONTACT: PHONE: FAX: J.W. ADAMS (760)438-2722X7134 (760)431-1601 Reservoir E located on west side of cul de sac on Hidden Valley Rd, north of Palomar Airport Rd JOB DESCRIPTION: Remove 1 dead Eucalyptus; Remove 1 dead Melaleuca; Remove dead Acacia on northwest corner of lot; Remove all Sumac shrubs on southeast corner of lot; Prune 7 Eucalyptus trees. 1 Tree Maintenance Services Lump Sum $4,830.00 $4,830.00 GRAND TOTAL: $4,830.00 COMMENTS: Only one stump is to be ground (Eucalyptus). WCA to follow ISA pruning standards. ESTIMATED BY: MIKEPALAT Date: 10/3/2007 ACCEPTED BY:Date: Page 1 of 1