HomeMy WebLinkAboutWest Coast Arborists Inc; 2015-06-25; TRAN1225TRAN1225
AGREEMENT FOR AS-NEEDED ARBORIST MONITORING SERVICES FOR
CONSTRUCTION ACTIVITIES ON THE NORTHWEST STORM DRAIN, MISC WATER
VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTING
(GRAND AVE), PROJECT NOS. 6608, 5019, 6001, 4016
(WEST COAST ARBORISTS, INC.)
|. TlHl^ AGREEMENT is^ade and entered into as of the day of
>JUnC^ , 20 by and between the CITY OF CARLSBAD, a municipal
corporafion, ("City"), and WEST COAST ARBORISTS, INC, a California Corporafion
("Contractor").
RECITALS
City requires the professional services of an arborist that is experienced in monitoring
during construction activities. 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 considerafion 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 year from the date first above written.
3. COMPENSATION
The total fee payable for the as-needed Services to be performed will be for an amount not-to-
exceed ten thousand dollars ($10,000). No other compensation for the Services wiil 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.
City Attorney Approved Version 4/1/15
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 secfion, and that this
section will survive the expiration or eariy termination of this Agreement.
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 Rafing of not less than "A-:VM";
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 Rafing Guide of at least "A:X"; OR an alien non-
admitted insurer listed by the Nafional Associafion of Insurance Commissioners (NAIC) latest
quarterly lisfings 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 addifional 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
addifional insured. Contractor will furnish certificates of insurance to the Contract Department,
with endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements ofthe City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLiANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulafions prohibiting
discriminafion and harassment and will obtain and maintain a City of Carisbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any fime after a discussion, and written nofice
to the other party. City will pay Contractor's costs for services delivered up to the fime of
terminafion, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalfies for the filing of
false claims as set forth in the California False Claims Act, Government Code secfions 12650, ef
seq., and Carisbad Municipal Code Secfions 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdicfion is grounds for the City of Carisbad to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolufion of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
City Attorney Approved Version 4/1/15
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.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in wrifing, signed by both parties, with a statement of estimated changes in charges or fime
schedule.
14. AUTHORITY
The individuals execufing 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.
CONTRACTQ
By:
CITY OF CARLSBAD, a municipal
corporafion of the State of California
(sign here)
Patrick Mahoney, President
(print name/title)
ATTEST:
(print name/fitle)
If required by City, proper notarial acknowledgment of execufion by contractor must be attached.
If a corporafion, 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 corporafion must attach a resolufion 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, Cjlv Attorney
BV: (W.ACU^
Assistant City Attojney
AGREEr^ENT FOR AS-NEEDED ARBORIST (MONITORING SERVICES FOR CONSTRUCTION ACTIVITIES ON THE
NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMESH', VILLAGE DECORATIVE
LIGHTING (GRAND AVE), PROJECT NOS. 6608, 5019, 6001,4016
(WEST COAST ARBORISTS, INC.)
City Attomey Approved Version 4/1/15
EXHIBIT "A"
SCOPE OF SERVICES
The certified arborist is required on site during excavafion in areas where mature trees are located
adjacent to the trench or any related construcfion acfivifies. Arborist shall coordinate with the
contractor to root prune per specificafions. During the excavation, roots encountered measuring
greater than 2" in diameter that have not been root pruned shall be cut with a sharp instrument
and not ripped.
Any limbs damaged require immediate pruning. Pruning may be required to offset root loss.
The arborist shall become familiar with the trees within the work limits and the nature of the work
to be conducted. The arborist shall provide a brief set of guidelines and work protocols at that
meeting that will be used to guide tree protecfion work.
The arborist shall be present full time during all work that could potentially damage trees and that
is conducted within the drop line of trees not specifically marked for removal on the plans. Work
that could potentially damage trees includes establishing standing areas and travel routes,
trimming of branches, grading, or use of heavy equipment that moves or swings into the canopy
of the tree.
The contractor shall follow direction provided by the arborist for the protecfion of roots, trunks,
and branches during the course of implemenfing work.
The arborist shall keep a log of all direcfion given to the contractor, any problems that occur, and
the resolufion of those problems. The log shall be submitted with contractor work logs on a regular
basis.
The above as-needed monitoring services shall be performed at a rate of $110/hour. Houriy rate
is inclusive of vehicle, cell phone, computer, clerical services, equipment, supplies, materials, etc.
needed to perform the monitoring.
City Attomey Approved Version 4/1/15
Donna Heraty
From: Donna Heraty
Sent: Thursday, June 25, 2015 11:53 AM
To: 'vgonzalez@wcainc.com'
Cc: Shelley Collins; Rhonda Gasper-Heather
Subject: Form 700 - Conflict of Interest
Dear Consultant:
Regarding your agreement with the City of Cartsbad for as needed arborist monitoring services for construction
activities on the northwest storm drain, mis.c water valve replacement, pavement management, village decorative
lighting (Grand Ave), project Nos. 6608,5019, 6001,4016-TRAN1225
// your agreement states: 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 interest in all four
categories.
It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this
agreement with the City of Carisbad. A copy of this email will be added to your file memorializing this decision.
Should you have any questions, please do not hesitate to contact me.
Kindest regards,
C City of
Carlsbad
Shelley Collins, CMC
Assistant City Clerk
City Clerk's Office
City of Carlsbad
1200 Carlsbad Village Drive
CaHsbad, CA 92008-1949
www.carisbadca.gov
760-434-2917 I Shellev.Collins@carisbadca.gov
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