HomeMy WebLinkAboutContracts & Agreements_157-2012_CCv0001.pdf AGREEMENT TO PERFORM ARBORIST CONSULTING SERVICES
This agreement for the provision of arborist consulting services("Agreernentl is made and
entered into this 25h day of September, 2012 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and Roley and Associates, Inc., dba as Roley's Tree
Care,("Consultant). City and Consultant are sometimes individually referred to herein as a"Part/, '
and,together,as the"Parties." In consideration of the mutual promises contained herein,City and
Consultant agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform arborist consulting services for the City of
Redlands(the"Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the Services
to City at a level of competency presently maintained by other practicing professional
consultants in the industry providing like and similar types of Services.
ARTICLE 2-SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A,"entitled"Scope of Services,"which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal,state and local laws and regulations in
the performance of this Agreement including,but not limited to,the Americans with
Disabilities Act,the Fair Employment and Housing Act and prevailing wage laws.
2.3 Consultant shall commence the Services on the Effective Date of this Agreement and
complete the Services within seven(7)days thereafter.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3,1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Fred Cardenas,City's Quality of Life Director,as City's representative
with respect to performance of the Services, and such person shall have the authority to
transmit instructions,receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
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ARTICLE 4-PAYMENTS TO CONSULTANT
4.1 The total compensation for Consultant's performance of the Services shall be One Thousand
Six Hundred Ninety Dollars ($1,690). City shall pay Consultant upon completion of the
Services.
4.2 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
C ity Consultant
Fred Cardenas,Director Roley&Associates,Inc
Quality of Life Department 3609 Campbell Street
City of Redlands Riverside,CA 92509
P.O. Box 3005
Redlands,CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices and
payments are to be given by giving notice pursuant to this section 4.2.
ARTICLE 5 -INSURANCE AND INDEMNIFICATION
5.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until required insurance listed below is obtained by Consultant. Consultant shall provide
City with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty(30)days prior written notice
to City,provided,however, the policies shall allow for ten(10)days notice for
cancellation to City due to non-payment of premium.
5.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Service-,in accordance with
the laws of the State of California as described in Exhibit"B," entitled"Workers'
Compensation Insurance Certification,"which is attached hereto and incorporated herein
by this reference.
53 Consultant shall secure and maintain in force throughout the term of this Agreement
comprehensive general liability insurance with carriers acceptable to City. Minimum
coverage of One Million Dollars($1,000,000)per occurrence and Two Million Dollars
($2,000,000)aggregate for public liability, property damage and personal injury is
required.City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the
policy except upon thirty(30)days prior written notice to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
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5.4 Consultant shall have business auto liability coverage,with minimum limits of One
Million Doll 1,000,0 per occurrence,combined single limit for bodily injury
liability and property damage liability.This coverage shall include all Consultant owned
vehicles used in connection with Consultant's provision of the Services,hired and non-
owned vehicles,and employee non-ownership vehicles. City shah be named as an
additional insured and such insurance shall be primary and non-contributing to any
insurance or self insurance maintained..by City.
5.5 Consultant shall defend,indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims.,losses or liability,inching
attorneys' few,arising from injury or death to persons or damage to property occasioned
by any negligent act,omission or failure to act by Consultant,its officers,employees and
agents in performing the Services.
TICLE 6-GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall,in addition to any costs and other
relief,be entitled to the recovery of its reasonable attorneys'fees,including fees for the
use of in-house counsel by a Party.
6.2 Consultant shall not assign any of the Services,except with the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
6.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor.Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees,except as herein
set forth.Consultant shall supply necessary tools and instrumentalities required to
perform the Services.Assigned personnel employed by Consultant are for its account
only,and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account o ,or on behalf of City.Consultant
shall have no authority,express or implied,to act on behalf of City in any capacity
whatsoever as an agent,nor shall Consultant have any authority,express or implied.,to
bind City to any obligation.
6.4 This Agreement may be terminated by City, in its sale discretion,by providing ten 1
days prior written notice to Consultant{delivered by certified mail,return receipt
r of City's intent to terminate. if this Agreement is terminated by City,an
adjustment to Consultants compensation shall be made,but 1)no amount shall be
allowed for anticipated profit or unperformed Services,and.{2)any payment clue
Consultant at the time of termination may be adjusted to the extent of any additional costs
to Cly occasioned by any default by Consultant. Upon receipt of a termination notice,
Consultant shall immediately discontinue its provision of the Services within five 5)
days of the elate of the termination notice,deliver or otherwise mase available to City,
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1:;crs'iij.a gr rat A t,915,12
pi` (in both hard copy and electronic form, where applicable)of specifications,
cations,
reports,summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a rata basis for Services completed up to the date of termination.
6.5 This Agreement,including the Exhibits incorporated herein by reference,represents the
entire agreement and understanding between the Parties as to the matters contained
hereK and any prior negotiations,written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein,a
amendment to this Agreement shall be in writing,approved by City and sib by City
and Consultant
6.6 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
6.7 If one or more of the sentences,clauses,paragraphs or sections contained in this
Agreement is declared invalid,void or unenforceable by a court of competent jurisdiction,
the sane shatt be deemed severable from the remainder of this Agreement and shall,not
affect,impair or invalidate the remaining sentences,clauses,paragraphs or sections
contained herein,unless to do so would deprive a Party of a materia)benefit of its bargain
under this Agreement.
IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS holey&Associates dha R.oley's Tree Care
By: By.
Tina Kundig
Finance Director/City Treasurer
Attest:
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EXHIBIT "A"
Ro/ey&Assodates,Inc Roley's Tree Care roleyandassoclatesg-DamaAcom
3609'Campbell St.
Riverside,CA 92509 Consulting Arborist& Full Care Tree Service 951-279-6096
Contractor Ucense 11915389/Certified Arborist#WE0567A
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STUMP GRINDING SERVICE INCLUDES SURFACE ROOTS 6" it FIREWOOD HAULAWAY:YES 17 PtOQ IV it
Payment In FW Dump Fee
ung Otherwise rial Fee
specMled Mise. !.()
check.visa.�ercua
and DbcDw Card TOTAL t).00
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rlwnk You! BALANCE
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Our work is Guaranteed!..ies acct simpiet
ACCEPTANCE OF PROPOSAL:The above prion,spedfkatiom and conditions are satkfauory and as hereby acoepted.CReM authorim RoWs Tree Can to do it*work
as specMed above.Balance of psyrnem vM be made upon completion of job unim othe►rrls*stated in peymeM corms.
PLEASE NOT[: Rotas Tree Car*b not rtsponsibie for underground water,sewer,gas pipes and spvinkier fins not to current oode depth while performing stump
grbtding,digging wWor drib irft sa for any work related reason.union underground water,sewer, ps pipes and sprinkler line kxstlorx and depths am both
verba*advised and dearly staked and marked.Stump grtrfing drips vA be left mounded at stump site unless odwwwise rated Net 39:Balances not paid within 30 days
from job completion date wig accrue a service dtarge of tad per month.
ACCEPTANCE OF PROPOSAL-The above work is authorized as specified Proposal
Date of Acceptance: Authorized Signature:
ACCEPTANCE OF WORK:The above work was done to n y total satisfaction Invoke
Date of Acceptance: Authorized Signature-
Credit
i nature:Credit Card Ref 0 Confirmation# Date Processed: Amount:
EXHIBIT 'B'
WORKERS' COMPENSATION INSURANCE CERTIFICATION
TO PERFORM ARBORIST CONSULTING SERVICES
FOR THE CITY OF REDLANDS
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations,a certificate ofconsent to self-
insure,either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due
to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code §1861).
Roley and Associates, Inc.,dba as Roley's Tree Care:
B v:
d Date:
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