HomeMy WebLinkAboutContracts & Agreements_209-2003_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 4" day of November,2003,by and between
the City of Redlands,a municipal corporation("City")and West Coast Arborists,Inc("Contractor"),
In consideration of the mutual promises contained herein, City and Contractor agree as
follows:
ARTICLE 1 - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to do consulting and trimming/removing trees on an "as
needed basis" and (the "Services").
1.2 Contractor and its subcontractors shall possess the appropriate State Contractor's License
required for the work to be performed as set forth in this Agreement and shall not be
debarred pursuant to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The specific services which Contractor shall perform are more particularly described in
Exhibit"A,"entitled"Proposal/Contract,"which is attached hereto and incorporated herein
by this reference.
Contractor shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including but not limited to all applicable
Labor Code and prevailing wage laws commencing at Labor Code section 1770 et.seg, and
non-discrimination laws including the American's 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 perform the Services are on file at the City's Public Works
Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing) Redlands,
California 92373.
a. Contractor agrees that if it violates the Labor Code relating to prevailing wage, that City
shall enforce the Labor Code by Notice of the withholding of contract payments to
Contractor pursuant to Labor Code section 1771.6.
b. Contractor agrees that if it executes an agreement with a subcontractor to perform work
under this Agreement 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, 1.776, 1777.5, 1813 and 1815 of the Labor Code. Contractor acknowledges that the
statutory provisions for penalties for failure to comply with state wage and hour laws and
to pay prevailing wages will be enforced by City pursuant to Labor Code sections 1775 and
1813.
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c. Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications,retention and inspection.
d. Contractor acknowledges that eight(8)hours constitute a legal day's work pursuant to Labor
Code section 1810.
e. Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and sections 1771, 1775, 1.776, 1777.5, 1813 and 1815 of the Labor Code.
ARTICLE 3 - PER.IOD OF SERVICE
3.1 Contractor shall perform the Services in a prompt and diligent manner.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 For the performance of the Services, City will pay Contractor for its services at the hourly
and unit rates identified in the attached"Schedule of Compensation." In no event shall the
amount paid to Contractor exceed the sum of $16,750.00
4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of
Contractor's invoice, by warrant payable to Contractor.
4.3 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
City: Ronald C. Mutter
City of Redlands
Public Works Department
PO Box 3005
Redlands, CA 92373
Contractor: West Coast Arborists,Inc
2200 E Via Burton Street
Anaheim Ca. 92806
When so addressed, such notices shall be deemed 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 whom notices,bills and payments
are to be given by giving notice pursuant to this paragraph.
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ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Contractor for the duration
of the performance of the Services and shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City. Contractor shall provide
City with Certificates of Insurance and endorsements evidencing such insurance prior to
commencement of the Services.
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 Services
pursuant to Labor Code sections 3700 and 1860 and in an amount which meets the
statutory requirement with an insurance carrier acceptable to City. Such insurance
shall be primary and non-contributing to any insurance or self-insurance maintained
by City. The insurance policy shall include a provision prohibiting cancellation of
said policy except upon thirty (30) days prior written notice to City. Certificates of
Insurance shall be delivered to City prior to commencement of the Services.
B. Contractor expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by
Contractor for City by expressly waiving Contractor's immunity for injuries to
Contractor's employees and agrees that the obligation to indemnify,defend and hold
harmless provided for in this Agreement extends to any claim brought by or on
behalf of any employee of Contractor. This waiver is mutually negotiated by the
parties.
C. Contractor shall sign the Worker's Compensation Insurance Certification attached
as Exhibit"B" to this Agreement.
5.3 Hold Harmless and Indemnification Contractor shall indemnify,hold harmless and defend
City and its elected officials, agents, and employees from and against any and all claims,
losses or liability, including attorney's fees, arising from injury or death to persons or
damage to property occasioned by any act, omission or failure of Contractor, its officer,
agents and employees in performing the Services required by this Agreement.
5.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the 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 cancellation of said policy except
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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 the Services.
5.5 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,
with minimum limits of one million($1,000,000)per occurrence,combined single limit for
bodily injury liability and property damage liability. This coverage shall include all
Contractor 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 the Services.
ARTICLE 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 recover its reasonable attorneys' fees.
6.2 Contractor shall not assign any of the Services to be performed under this Agreement except
with the prior written approval of City and in strict compliance with the terms, provisions
and conditions of this Agreement.
6.3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an
independent contractor with respect to the Services provided pursuant to this Agreement and
not an employee of City. All qualified personnel provided by Contractor pursuant to the
provisions of this Agreement are to be employed by Contractor 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 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
6.5 Upon receipt of a termination notice, Contractor shall (1)promptly discontinue all Services
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 Services required
by this Agreement. Contractor shall be compensated on a pro-rata basis for any work
completed up 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 negotiations, proposals or oral agreements 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.
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6.7 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
By ?eoo-��
Mayor C' Clerk
Date November 4, 2003
1� l
By ���""A��� Date a 2 `T 0
Owner
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EXHIBIT "A" 1 of 2
Tree Care Professionals Serving Communities Who Cage About Trees 13147SV
----
October 9, 2003 WCAIN(
db O T12003
Received
City of Redlands Public Works
ATTN: Rick cross t Department
P.O. Box 3005
Redlands, CA 92373 �6rez
RE: Additional Tree Maintenance Services
Dear Rick,
In addition to being awarded agreements for tree trimming specifically the Oak trees
Buenavista and selected Palm trees adjacent to school sites, we also ant to offer other trege
maintenance services. We are willing to provide the City with as-needed tree trimmin tree
removal, tree planting, stump grinding and consulting services. We can perform these se
the budgeted amount of$16,750. services under
Attached for your review is an official proposal. Should you have an uestions or
information, please contact me at(800) 521.3714. y q require additional
Sincerely,
J," (&
A-6,
Victor M. Gonzalez
Director of Marketing
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f O • s
r
10/15/2003 10:36 17149911027
WCA
PAGE 03
EXHIBIT "A" 2 of 2
Tree Care
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s Sensing Commun
hies Who Care About Trees
www.WCAJNC.ccm
SCHEDULE OF COMPENSATION
DESCRIPTiov UNIT
UNY'Z' FRICE
FUR Tram (Block Type Trim) 0.4" $48.0o 4"and lwger $48.00
Full Triw (Scatter Tape Trim) 0-4" $88.00 4"and larges $88.00
Clearance Trim (Block Type Trhn) Each
$24.00
Clearance Trim (Scatter Type Trim) Each
$44.00
Tree Removals:
Tree and stump removal per inch dbh
Stump only removal per di $16.00
a. inch $ 6.00
Root Fruni ng per foot $ 6.00
Tree Planting:
15 goon tree per tree $115.00
24 inch box tree per tree $230.00
36 inch box tree per tree $725.00
Tree Watering: per day $360.00
Crew Rental (3 men, aerial unit, per hour
dump truck and chipper) based $135.00
on day time call out
Emergency call out based on per hour $200.00
Evening,'Weekend or holiday can out
Consulting Aaborist Services
per hour $4.5.00
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No.101305-10-04-01)
Every employer except the State, shall secure the payment of com ensatio
following ways: p n to one or more of the
(a) By being insured against liability to pay compensation in one or more insurer du
authorized to write compensation insurance in this State. ly
(b) By securing from the Director of Industrial Relations,a certificate of consent 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
ReIat2ons 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 3 700 of the Labor Code which
be insured against liability for Workers'Compensation or to undertake self n�suran e n employerres every ydan to
with the provisions of that Code, and I will comply with such provisions before commencing
the
performance of the work of this contract. (Labor Code §1861), encing the
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Date
W&S7 �f}g7 j'r �2tdTS l�/c
Nam
e of Contractor
14°(W
1�4�
Signature of Auth ri Yd Agent
Signatory's Title
3667641
Contractor's License No.
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