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HomeMy WebLinkAboutRECON Environmental Inc; 2021-08-10; PSA22-1557ENVPSA22-1557ENV City Attorney Approved Version 6/12/18 1 AGREEMENT FOR OAK TREE ASSESSMENT SERVICES RECON ENVIRONMENTAL, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Recon Environmental, Inc., a California corporation, ("Contractor”). RECITALS City requires the professional services of a consultant that is experienced in oak tree assessment services. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City 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 one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be three thousand two hundred and seventy-six dollars ($3,276). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. 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 City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City 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. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’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. DocuSign Envelope ID: 7DDB5815-0087-4487-9C07-F57B7578E6A4 August 10th PSA22-1557ENV City Attorney Approved Version 6/12/18 2 6.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-:VII"; 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 otherwise 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 the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Rosanne Humphrey Name Meagan Olson Title Senior Program Manager Title Senior Restoration Ecologist, Project Manager Department Environmental Management Address 3111 Camino del Rio North Suite 600 City of Carlsbad San Diego, CA 92108 Address 1635 Faraday Avenue Phone No. 619-308-9333 Carlsbad, CA 92008 Email molson@reconenvironmental.co m Phone No. 760-602-4689 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 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 Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 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. X DocuSign Envelope ID: 7DDB5815-0087-4487-9C07-F57B7578E6A4 PSA22-1557ENV City Attorney Approved Version 6/12/18 3 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City 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 the City of Carlsbad 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 City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// DocuSign Envelope ID: 7DDB5815-0087-4487-9C07-F57B7578E6A4 PSA22-1557ENV City Attorney Approved Version 6/12/18 4 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 RECON ENVIRONMENTAL, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Gina Sisson, Business Operations Manager & CFO (print name/title) By: (sign here) Robert Hobbs, President (print name/title) If required by City, 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. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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, City Attorney By: Assistant City Attorney DocuSign Envelope ID: 7DDB5815-0087-4487-9C07-F57B7578E6A4 An Employee-Owned Company 3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 | 619.308.9333 | reconenvironmental.com SAN DIEGO | BAY AREA | TUCSON July 27, 2021 Ms. Rosanne Humphrey Senior Program Manager, HMP City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Reference: The Oak Preserve – Oak Tree Assessment (RECON Number P9971) Dear Ms. Humphrey: RECON Environmental, Inc. (RECON) is pleased to submit this scope of work and cost proposal to provide tree assessment services for the 3.115 acre property located adjacent to Calle Robledo and Via Opuntia in Carlsbad, California. Scope of Work RECON understands that the project entails a general assessment of oak trees by a certified arborist and the preparation of a letter summarizing the results of the assessment. The Scope of Work is detailed below. Task 1: Oak Assessment RECON will provide an arborist certified by the International Society of Arboriculture (ISA), who is trained to conduct tree assessments and surveys for potential diseases and/or pathogens including the detection of fungal pathogens. The arborist will conduct a site visit of the Oak Preserve to assess general oak tree health and provide recommended management actions based on findings. The assessment will include a review of historic aerial images and other relevant documentation to determine potential causes of tree stress. Task 2: Letter Report After the completion of the oak assessment, a brief letter report will be provided to the City of Carlsbad. The report will include the date and results of the assessment, representative photographs of the oak trees, and recommended management actions. Cost Estimate The estimated total cost to complete these tasks is $3,276, on a time and materials basis. Should unforeseen circumstances arise requiring additional time and, therefore, additional fees, we will notify you of these circumstances immediately. If you would like us to proceed with the work please provide the appropriate authorization to the attention of Gina Sisson, gsisson@reconenvironmental.com. Thank you and please call if you have any questions. Sincerely, Meagan Olson Senior Restoration Ecologist, Project Manager PSA22-1557ENV Exhibit "A" DocuSign Envelope ID: 7DDB5815-0087-4487-9C07-F57B7578E6A4 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Travelers Property Casualty Co of Amer Zenith Insurance Company Indian Harbor Insurance Company American Alternative Insurance Corp. 8/04/2021 McGriff Insurance Services 3111 Camino Del Rio N Ste 1100 San Diego, CA 92108 619 231-1010 Tonya Moceri 619-525-2859 Tonya.Moceri@McGriff.com RECON Environmental, Inc. 3111 Camino Del Rio North, #600 San Diego, CA 92108 25674 13269 36940 19720 A X X x 680001R081112 07/01/2021 07/01/2022 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A X X X BA9P9823802 07/01/2021 07/01/2022 1,000,000 A X x X 0 CUP001R084022 07/01/2021 07/01/2022 5,000,000 5,000,000 B M1303201 07/01/2021 07/01/2022 X 1,000,000 1,000,000 1,000,000 C D Professional Liab Aircraft Liab. PEC005703201 9029146 07/01/2021 07/01/2021 07/01/2022 07/01/2022 Occurence $2,000,000 Aggregate $4,000,000 Limit $1,000,000 Certificate is subject to policy limits, conditions and exclusions. The City of Carlsbad is included as Additional Insured with respect to General Liability Coverage. 30 Days Notice of Cancellation applies to GL/AL/WC. Waiver of Subrogation is included with respect to Workers Compensation Coverage. The City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 1 of 1 #S28510233/M28277685 303RECONENV1Client#: 2181512 SSTAN 1 of 1 #S28510233/M28277685 3111 Camino Del Rio N., Suite 1100 San Diego, CA 92108-5731 (619) 231-1010 Fax: (619) 236-9134 CA License# 0C64544 August 4, 2021 The City of Carlsbad/CMWD C/O EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 RE: RECON Environmental, Inc. Policy # M1303201 Coverage: Workers Compensation Insurance Agreement Name: Oak Tree Assessment; Agreement Number: PSA22-1557ENV It is agreed that, in the event of cancellation or non-renewal, McGriff Insurance Services will provide by certified mail 30 Days (thirty) notice to The City of Carlsbad c/o EXIGIS Insurance Compliance Services except for non-payment of premium which will be 10 Days (ten). Thank you. If you have any questions, please let us know. Sincerely, John Hill John Hill Senior Vice President (619) 525-2838 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY THE ZENITH BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2% of the California workers compensation premium otherwise due. Minimum Premium: $0 This endorsement changes the policy to which it is attached and is effective on the policy effective date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) ZENITH INSURANCE COMPANY - 13145 Endorsement Effective 07/01/21 Insured RECON ENVIRONMENTAL, INC. Policy No. M1303201 CA Policy Period 07/01/21 TO 07/01/22 Issued On 06/29/2021 At SAN DIEGO, CA WC 99-04-25B (Ed. 10-07) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The following is added to SECTION II – WHO IS h.This insurance does not apply to "bodily AN INSURED:injury" or "property damage" caused by "your work" and included in the "products-Any person or organization that you agree in a completed operations hazard" unless the"written contract requiring insurance" to include as "written contract requiring insurance"an additional insured on this Coverage Part, but:specifically requires you to provide sucha.Only with respect to liability for "bodily injury",coverage for that additional insured, and then"property damage" or "personal injury"; and the insurance provided to the additional insured applies only to such "bodily injury" orb.If, and only to the extent that, the injury or "property damage" that occurs before the enddamage is caused by acts or omissions of of the period of time for which the "writtenyou or your subcontractor in the performance contract requiring insurance" requires you toof "your work" to which the "written contract provide such coverage or the end of therequiring insurance" applies, or in connection policy period, whichever is earlier.with premises owned by or rented to you. 2.The following is added to Paragraph 4.a.ofThe person or organization does not qualify as an SECTION IV – COMMERCIAL GENERALadditional insured: LIABILITY CONDITIONS:c.With respect to the independent acts or The insurance provided to the additional insuredomissions of such person or organization; or is excess over any valid and collectible otherd.For "bodily injury", "property damage" or insurance, whether primary, excess, contingent or"personal injury" for which such person or on any other basis, that is available to theorganization has assumed liability in a additional insured for a loss we cover. However, ifcontract or agreement.you specifically agree in the "written contract requiring insurance" that this insurance providedThe insurance provided to such additional insured to the additional insured under this Coverage Partis limited as follows: must apply on a primary basis or a primary ande.This insurance does not apply on any basis to non-contributory basis, this insurance is primaryany person or organization for which to other insurance available to the additionalcoverage as an additional insured specifically insured which covers that person or organizationsis added by another endorsement to this as a named insured for such loss, and we will notCoverage Part.share with the other insurance, provided that:f.This insurance does not apply to the (1)The "bodily injury" or "property damage" forrendering of or failure to render any which coverage is sought occurs; and"professional services". (2)The "personal injury" for which coverage isg.In the event that the Limits of Insurance of the sought arises out of an offense committed;Coverage Part shown in the Declarations after you have signed that "written contractexceed the limits of liability required by the requiring insurance". But this insurance provided"written contract requiring insurance", the to the additional insured still is excess over validinsurance provided to the additional insured and collectible other insurance, whether primary,shall be limited to the limits of liability required excess, contingent or on any other basis, that isby that "written contract requiring insurance". available to the additional insured when thatThis endorsement does not increase the person or organization is an additional insuredlimits of insurance described in Section III – under any other insurance.Limits Of Insurance. CG D3 81 09 15 ú 2015 The Travelers Indemnity Company. All rights reserved.Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy:680001R081112 COMMERCIAL GENERAL LIABILITY 3.The following is added to Paragraph 8., Transfer 4.The following definition is added to the Of Rights Of Recovery Against Others To Us,DEFINITIONS Section: of SECTION IV – COMMERCIAL GENERAL "Written contract requiring insurance" means thatLIABILITY CONDITIONS:part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part,payments we make for "bodily injury", "property provided that the "bodily injury" and "propertydamage" or "personal injury" arising out of "your damage" occurs and the "personal injury" iswork" performed by you, or on your behalf, done caused by an offense committed:under a "written contract requiring insurance" with a.After you have signed that written contract;that person or organization. We waive this right only where you have agreed to do so as part of b.While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you c.Before the end of the policy period.before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ú 2015 The Travelers Indemnity Company. All rights reserved.CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission