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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 Connect with us Facebook | Twitter | You Tube j Flickr | Pinterest j Enews