HomeMy WebLinkAboutContracts & Agreements_107-2005_CCv0001.pdf AGREEMENT TO REMOVE CITRUS TREES AND UNDERBRUSH
AT THE REDLANDS SPORTS PARK PROPERTY
This agreement for citrus tree and underbrush removal ("Agreement") is made and entered into
this day Of June, 2005, by and between the City of Redlands, a municipal corporation ("City"), and
Mowbrays Tree Service, Inc. ("Contractor"). City and Contractor are individually sometimes referred to
herein as a "Party," and together as the "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE I - ENGAGEMENT OF CONTRACTOR
1 .1 City hereby retains Contractor to perform all of the work necessary to remove the (lead citrus
trees and underbrush located at the Redlands Sports Park Site (the "Project").
1.2 Contractor and Its Subcontractors shall possess all appropriate State contractor's licenses
required For the work to be performed on the Project, and shall not be debarred Pursuant to
Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 .111c specific work which Contractor shall perform for the Project is more particularly described
in Exhibit -A," which is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the
performance of the Project Including, but not limited, to all applicable Labor Code and
prevailing wage laws, commencing at Labor Code section 1770 et secy., and non-discrimination
laws, including the Americans' with Disabilities Act. Pursuant to Labor Code section 1773.2,
copies of the prevailing rates of per diem wages as determined by the Director of the California
Department of Industrial Relations for each craft, classification or type of worker needed to
undertake the Project are on file at City's Public Works Department, located at the Civic Center,
35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing), Redlands, California 92373.
2.3 Contrctor acknowledges that violates the- Labor Code provisions relating to prevallini)-
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l'e'i that City may enforce SLICII provisions by withholding contract payments to Contractor an(-,
its subcontractors Pursuant to Labor Code section 1771.6,
14 Contractor agrees that if it executes an agreement with a subcontractor to perform work on the
Project that Contractor shall comply with Labor Code sections 1775 and 1777.7, including
providing the Subcontractor with copies of the provisions of sections 1771, 1775, 1776, 1777.5,
IS 13 and 1815 of the Labor Code. Contractor acknowledges that the statutory provisions
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establishipenalties for failure to comply with state wage and hour laws and to pay prevailing
waCity Pursuant to Labor Code sections 1771 5 arid IS 13
gyres rnav be enforced by C' i.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 17 116
rcuarding pa\Toll records maintenance, certifications, retention and inspection,
d rl I(1K
2.
Conti-actor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.1' Contractor shall comply with the provisions of Labor Code section 1777.5 relating to
apprenticeships, and sections 171, 17/75, 1776, 17771.5, 1813 and 1815 ofthe Labor Code.
2.S 1.) or to c orninencernent o f tile p roject, Contractor shall obtain, execute and deliver to City a
Labor and Materials Payment Bond, pursuant to Civil Code section 3247, in the form attached
hereto as Exhibit "B."
ARTICLE 3 - PERIODOFSERVICE
3.1 Contractor shall commence work for the Project upon City's delivery to Contractor of a written
"Notice to Proceed," and Contractor shall complete the Project in a prompt and diligent manner.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor on a time and materials basis and at the rates for work identified in the
State prevailing wage rates; however, that in no event shall contractor be paid total compensation
for work on the Project in an amount in excess of Two Hundred and Fifty Thousand Dollars
($250,000.00).
4,2 Payments by City to Contractor shall be made within thirty days after City's receipt and approval
ol-Contractor's invoice. by warrant payable to Contractor.
4 3) ,Ml notices, bills and payments shall be made iii writing and shall be Oven by personal delivery
or by inall. Notices, bills and payments sent by mail shall be addressed as follows:
Bill Heinsley
Public Works Department
City of Redlands
PO Box 3005
Redlands, CA 92373
Contractor:
Mowbray's Tree Service Inc.
P.O. Box 3892
San Bernardino, CA 92413
When so addressed, such notices, bills and payment shall be deerned given upon deposit in the
United States mail; in all other instances, notices, bills and payments shall be deemed given at
the time of actual delivery. Changes may be made in the names and addresses of the person to
who notices, bills and payments are to be given by 01viin-1 notice pursuant to this section 4.3.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
i.l Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor for the duration of the Project, and shall be primary with respect to
City and non-contributing to any insurance or self-insurance maintained by City.
5.2 Workers' Compensation and Employer's Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the duration of the Project pursuant to Labor
Code sections 3700 and 1860, and in an amount which meets statutory requirements,
with an insurance carrier acceptable to City. The insurance policy shall include a
provision prohibiting the policy's modification or cancellation except upon thirty (30)
days prior written notice to City. Contractor shall execute and deliver to City a Worker's
Compensation Insurance Certification in the form attached hereto as Exhibit "C" prior to
commencement of work for the Project.
B. Contractor expressly waives all rights to subrogation against City and its elected officials,
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officers and employees, for losses arising from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
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employees. Contractor agrees that the obligation to indemnify, defend and hold harrnless
provided for I n this A greement e xtends t o any c laim b rOUght b y, o r o n b ehalf of, any
employee of Contractor. This waiver is mutually negotiated by the Parties. This
subsection shall not apply to any damage resulting from the sole negligence of City, its
agents and employees. To the extent any of the damages referenced herein were caused
by or resulted from the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless are valid and
enforceable only to the extent of the negligence of Contractor, its officers, employees and
agents.
53 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City
and its elected officials, employees and agents from and against any and all claims, losses and
liability, including attorneys' fees, arising from -injury or death to persons or damage to property
occasioned by any act or omission of Contractor, and its officers, employees and agents, in
performing the Project.
5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Pro-lect without the express prior written consent of City. In the event of mutual agreement
by the Parties to assign a portion of the Project, Contractor shall add the assignee as an
additional I FISUred t o I is i nsurance p olicies a rid p rovide C ity w ith t he i nsurance e ndorsements
prior to any work being performed by the assignee. Assignment does not include printing or
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other customary reimbursable expenses that may be provided in this Agreement,
5, Cc3� pchensi� e General Liability
Insurance. Contractor shall secure and maintain in force
thl-OU�r110tlt the duration of the Project comprehensive general liability insurance, with carriers
acceptable to City, with irimmIUM 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. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting its modification or cancellation 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. Certificates of insurance and endorsements shall be delivered
to City prior to commencement of work for the Project.
5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with
minimum limits of one million (5I,000,000) per occurrence, combined single limit for bodily
injury liability and property damage liability. This coverage shall include all consultant owned
vehicles used on the project, hired and non-owned vehicles, and employee non-ownership
vehicles. City shall be named as an additional insured and a certificate of insurance shall be
delivered to City prior to commencement of work for the Project.
ARTICLE 6 - GENERAL CONSIDERATIONS
M hi 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
recover its reasonable attorneys' fees, including fees for in-house counsel of the Parties at rates
prevailing in San Bernardino County, California.
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6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other Project documents developed by
C,
Contractor for the Project shall become the property of City and shall be delivered to City upon
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completion of the Project.
6.3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an
independent contractor with respect to the Project and not an employee of City. All personnel
cinployed by Conti-actor to perform the Project are for its account only, and in no event shall
Contractor or any personnel retained by it be deemed to have been employed by City or engaged
by City for the account of, or on behalf of, City. Nothing in this Agreement shall be considered
to create the relationship of employer and employee between the Parties.
6.4 nl-ss earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the work for the Project by City.
6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Project and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing, the
Project. Contractor shall be compensated on a pro-rata basis for any work completed LIP until
notice of termination.
6.6 This Agreement. including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein and
any prior ne(yotiations, proposals and verbal agreements relating to the subject matter hereof are
Superseded by this Agreement. Any amendment to this Agreement shall be in writing and
approved by the City Council of City and signed by City and Contractor,
6 77 This A-reement shall be governed by and construed in accordance with the laws of the State of
Call forin a.
IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OFIZEDLANDS ATTEST:
..........
Bv
i`a'y'o r,
CiW Clerk
rY
MOWBRAY'S TREE SERVICE, INC.
Date
Antoni B. Ramirez
Exhibit "All
Redlands Sports Park Tree Removal Project
Scope of Work
The scope of work shall comply with the final version of the US.FWS Biological Opinion
requirement as stated below:
Orange trees within the proposed 40-acre Conservation Area and in the 5-acre
habitat corridor will be Cut and stumps left in place. Maximum stump height will
be 12 inches. This will be done using hand crews and light equipment such as
small, light weight tractors and other vehicles pulling trailers. All vehicles will
have load distributing,tires.
Weeding with a mower and duff removal will also be done as necessary. The
,('round will not be disked. Grove removal will be done as soon as possible in
Construction staging to abate the potential fire hazard. Cut trees will be stockpiled
in the existing g detention basin. The qualified biologist will flag the area around
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the occupied habitat in the basin near the Dearborn road extension.
After the trees are removed In the conservation area and after the fencing is installed by a
separate contractor and after the remaining Sports Park property is trapped and the SBKR
are relocated, the contractor shall remove the remaining citrus trees. All trees shall be
ground to pieces no greater than 3" in any dimension and shall be stockpiled in a location
designed by the En(,,lincer. Contractor may retain 20% of the wood and the remaining
wood (m wood chip form) shall be the property of the City of Redlands.
The 45 acre conservation area shall be cleared of trees by June 22, 2005. The remaining
trees shall be cleared using any method without consideration to preserving the SBK,R
since they will have been mitigated by placement to the conservation area.
Exhibit "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as "City"), and Mowbray's
"Free Service. Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
undertake certain designated public work, which by said agreement dated June 7, 2005, is hereby referred to and made a part
hereof; and
WHERFAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to
furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made
in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
NONV, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and
all contractors, subcontractors, laborers, materiali,nen, and any other persons employed in the performance of the aforesaid
and referred to in the aforesaid Civil Code of the State of California in the suni of Two Hundred and Fiftv
'I'llowzaild dollars (S_25000), for materials furnished or labor thereon of any kind. or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not
CX."Cedille the an](ulut herein above set forth, and also in case Suit is brought upon this bond, will pay, in addition to the face
211101111t thcreot, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in
successfully Ily euforcim-, such obligation_ to be awarded and fixed by the court, and to be taxed as costs and to be included in
thejudot�
ment therein reudered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations
ou this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named,
-)OOi;, Bond No.
(SE/I L) (S1,_4 L)
Surety
BY: By:
Signature Signature
Address:
�,Not;ir,oaf AcknowlQdgmtents c)f llrij-.c:piij�jj(j SI-ety)
U Telephone:
Exhibit "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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 [2elations, a certificate of consent to self-insure, either as an
individual ernloyer or as one eiriplover in a group of employers, which may be given upon furnishing
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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.
l'an] aware of,the provisions of Section 3-'700 of the Labor Code which requires every employer to be insured against liability,
10r Workers' Compensation or to undertake self-insurance in accordance with the previsions of that Code, and I will comply
�vlth such provisions bef'017C COniniencing the performance of the work- ol'this contract. (Labor Code §1861
Date
Name of o tractor
By:
Si(_1nature of Authorized Agent
Signatory's Title
r
Contractor's License No.
Date