Loading...
17-012 Andersons's Tree Care Specialists, Inc., City Hall Turf Reduction Project (CIP 2017-03)C ITY O F rl CUPERT I NO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino , CA 95014 408 -777 -3200 NO . c:LD/1 -'-f-0~ THIS AGREEMENT, made and entered into this ~4-day of January, 2017, is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and ANDERSONS'S TREE CARE SPECIALISTS , INC ., 920 S . Winchester Blvd. Suite C San Jose, CA 95128; telephone no . (408) 226-8733 , Hereinafter "CONTRACTOR "), in consideration of their mutual covenants , the parties agree as follows : CONTRACTOR shall provide or furnish the following specified services and/or materials : Check box if services are further described in an Exhibit. 0 EXHIBITS : The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement shall commence on January 27, 2017 and shall be completed no later than March 31, 2017. COMPENSATION : 1. Maximum compensation allowed by this Agreement: $1 ,800 .00. 2 . CI T Y shall pay CONTRACTOR for services provided in accordance with Ex hibit A. a . CONTRACTOR mailing address for documents and remittances : Anderson 's Tree Care Specialists , Inc. PO Box 2B San Jose, CA 95109-0002 California Labor Code , Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1 ,000 .00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend , and hold harmless the City and its officers, officials , agents , employees and volunteers against any and all liability , claims , stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to , or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors . Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees . Such costs and expenses shall include reasonable attorneys ' fees of counsel of City's choice , expert fees and all other costs and fees of litigation. City of Cupertino Anderson's Tree Care Specialists , Inc. City Hall Turf Reduction Project (CIP 201 7-03) Page 1 of 3 Agreement (Short Form) .Subcontracting . Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement , without prior written consent of CITY . Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage : (1) Workers' Compensation: Statutory coverage as required by the State of California . (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate -all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above . (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits : Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000 ,000 . Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice . The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice . City of Cupertino Anderson 's Tree Care Specialists , Inc. City Hall Turf Reduction Project (CIP 2017-03) Page 2 of 3 Agreement (Short Form) Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin , ancestry, religion, gender or sexual orientation of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City . City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City . CONTRACT CO-ORDINATOR and representative for CITY shall be : NAME: Katy Jensen, CIP Manager DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have-executed this Agreement the day and year first written above. CITY OF CUPERTINO : bA~i N__ N~ By ~~~~~~-- Tl.tle ;' ~11.-YA I \1 LA:7h~± 0 ~J-r Title: Director of Public Works APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE City of Cupertino Anderson's Tree Care Specialists, Inc . City Hall Turf Reduction Project (CIP 2017-03) $1800 .00 Page 3 of 3 Agreement (Short Form) EXHIBIT A SCOPE OF SERVICES & COMPENSATION Overview Contractor is engaged by City to provide professional arborist services. The Services are to be provided for the following purpose: to provide a third-party review of the City Hall Turf Reduction Project (hereinafter "Project") regarding the existing trees and to provide Contractor's professional arborist observations and recommendations. 1. Services: The services to be provided are as follows: A. Review the following documents (the "Review") pertaining to the Project, to be provided by City to Contractor: a. Soil report b. 2015 arborist report that includes the impacted existing trees c. Proposed Project plans and technical specifications B. Meet onsite (the "Meeting") with the City for one hour to orally convey Contractor observations and recommendations . C. Craft a written report (the "Report") as a follow-up to the Meeting with the City . This service is optional, and will only be performed upon written request of City. D. Upon written request of City, prepare additional reports and addenda, liaise with other stakeholders, and provide other services as may be needed, as an Additional Service. 2. Assumptions: Contractor agrees to provide the Services based upon the materials (such as site plans, sketches and notes) and explanations given to Contractor by City, and upon Contractor understanding of what is required to complete the Services for Project. Contractor accepts no responsibility for either incorrect or incomplete materials and/or incorrect or incomplete information . Any survey boundaries marked on plans, or on the ground, are not the responsibility of Contractor. Any changes in plans, locations or certain features or other aspects that affect the Services to be provided by Contractor shall be communicated in writing to Contractor in a timely manner. Under no circumstances shall Contractor be responsible for any such changes unless written notification has been sent to Contractor by the City providing a detailed description as to the changes, and Contractor shall not be responsible for any changes unless it has responded to the City in writing acknowledging receipt of such written notification. City of Cupertino Anderson's Tree Care Specialists, Inc . City Hall Turf Reduction Project {CIP 2017-03) Page 1 of 2 Exhibit A EXHIBIT A SCOPE OF SERVICES & COMPENSATION 3. Compensation: The compensation covers anticipated time to be spent by Contractor or its employees, subcontractors or agents in providing the Services. This includes travel time to and from the Property; time spent on the Property; time spent preparing reports; and time spent in liaison with the City up to the point where the Report is provided to the City. Maximum Compensation for all services under this agreement is as stated in Agreement, Compensation paragraph. The compensation breakdown for services is as follows: Base Services A. Review : $450.00 B. Meeting: $225.00 Optional Service -authorized upon written request of City C. Report: $900.00 Additional Services -authorized upon written request of City Additional Services shall be charged to City at $225 .00 per hour, plus any and all applicable disbursements up to the maximum allowance stated below. No work will be performed without the express written authorization of City. D. Additional Services Allowance:$ 225.00 In the event that Contractor is able to carry out and complete Services in a manner which incurs less time than initially anticipated in this Contract, then Contractor will reduce the fees charged for the Services proportionately. City of Cupertino Anderson 's Tree Care Specialists, Inc. City Hall Turf Reduction Project (CIP 2017-03) END OF EXHIBIT Page 2 of 2 Exhibit A