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HomeMy WebLinkAboutC-4611(id() ID CONTRACT FOR THE C_$011 CITY OF ARCADIA This CONTRACT, No. _ is made and entered into this 1)ra day of 2024 , by and between City of Arcadia, sometimes hereinafter called "City," and West Croast Arborists, Inc., sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: A. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below,. for the following Project: ANNUAL TREE TRIMMING MAINTENANCE SERVICES The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. B. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work 4equired by the Contract Documents for one year from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. C. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of FOUR HUNDRED TWENTY- FOUR THOUSAND, THREE HUNDRED FIFTY DOLLARS AND NO CENTS ($424,350.00. Payment shall be made as set forth in the General Conditions. D. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Special Conditions, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. E. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Contractor's Bid Forms (City of Claremont Proposal Pricing) Contractor's Certificate Regarding Workers' Compensation Designation of Subcontractors Non -Collusion Declaration form Iran Contracting -Act Certification form Public Works Contractor Registration Certification form Contract Performance Bond Payment (Labor and Materials) Bond General Conditions Contract - 1 special Provisions koi JN--"" Technical Specifications Plans and Contract Dra*ingEs,nange orders Approved and fully executedAny other documents contained in or in into the Contra shall complete the Work in strict accordance with all of the Contract Documents. The ContractorWork required by one of the All of the Contract Documents are intended to be complementary. uments and not by others shall be done as if required by all. This Contract shall Contract Doc supersede any prior agreement of the parties. . Each and every SIONS REQUIRED BY LAW AND CONTRACTORtocumentsAshallll be deemed to be F. PROVI required to be in in these comply with all requirements of provision of law req included in these Contract Documents. aws, rules Contractors n ud ng, but limited appl cable applicable federal, state an provisions of the California Labor Code and California Public Contract Code which to this Work. G. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions and subsections below. emnify nd (a) Defens e Indemnit and Hold Harmless. Consultant shall defend, me oyees,aagents, harmless the City, its present and former officers, ire volunteer mayor, staff, boards, committee and orepresentatives, ll claims, broadly interpreted (collectively, the Indemnified Parties"), demands, obligations, losses, damages, sums or any other matters, threatened or presently asserted, including but not limited to all llies and any other costs or fees, s of defense and fees, cost pr legal fees, expert litigation expenses (including g ainst the indemnified including those of adverse parties imposed on or sought ag Parties), arising directly or indirectly out of any liability fabiaims oforssorromisliability for ppersonal injury, bodily injury to persons, contra breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising of Consultant orsConsultant's sions to act negligence, intentional conduct or other activities officers, agents, independent contractors, subcontractors scentsoraffiliated or related entities and/or its or their employees, agents anrepresentatives. er a law, ant (b) Contractual Indemnit . To the fullest extent permittee unified Partiesifrom and against shall indemnify, defend and hold harmless the actions, arbitration proceedings, any liability (including liability for claims, suit proceedings, losses, expenses, amounts for administrative proceedings, regulatory good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court co aced to, n whole or in part, thse e performance a witness fees and costs), arising out of or rel individual or entity for which Consultant is of this Agreement by Consultant or by any ents, independent legally liable, including but not limited to Consultant's officers, ag contractors, subcontractors or affiliated or related ndntitall actons,es an/or its omissions or their pt y act, agents and representatives, including any or other acti negligence, intentional conduct eeis or agents, are Indemnification rr omay be considered include claim that tcant or Coultant's employemployeesii y of the Cor are entitled to any employee benefits from and treateddo be Contract - 2 e available under Public t=mp1oycv- but �,t limited to thos- City, including defend and hold harmle, `he Indemnified Parties Law. The obligati.. to indemnify, negligent, except that it I liability as defined above regardless whether the Indemnifie shall apply to alpassively Parties were or are alleged to have beoen the esole negligence or willful intentional shall not apply to claims arising misconduct of the indemnified Parties. nsultant Tees to and shall obtain executed (c� provision identical to Subcontractors and is n favor the Indemnified Parties with or other person or indemnity agreemen Subcontractor, sub consultantaspect those set forth from each and every obligations, volved by, for, with, or on behalf of Consultant fails btain such indemnity f bl g entity �n Agreement. In the event Consultant fails subcontractor, sub consultant of this Consultant shall be fully responsible for each in eve ni and defend the hold or other person or entity in terms of defense, indemnity andindemnify fyrnless obligations on the successors, assigns or heirs of Consultant and in favor of the Indemnified Parties. This obligation Agreement. These Indemnified Parties is Ibinding be limited e shall survive the full performance or termination of this 9 way indemnification provisions are independent of and shall not in any pro isions of this superseded by the insurance requirements and insurance -relate p P Agreement. - Theft. Consultant further agrees to pay or cause to and all damage, fines or penalties, (d) Cit Lost or Da ed Pro ert to the be paid for the Indemnified Parties' benefit for s ng out of or related in any way or loss or theft to the property of the City to act, negliges ence, intentional conductor others dent Itacontractors, actions, omissionsagents, indep to employees, agents and and/or activities of Consultant's officers, ne negligence or intentional subcontractors or affiliated or related entities omissions act, g p y responsibility representatives, whether such actionor agrees t is or was authorized by this Agreement premises City. Consultant further conduct ro ert laced on the prem whatsoever for any p p Y p ainst the Indemnified Parties. to waive all rights of subrogation ag on-Exhaustes. No aspect ion of Cit 's Further R hts on the ndelmnified Parties (e) Non -Waiver ani N limit or effect the rights of this provision shall in any way Agreement is Consultant under the terms of this Agreement this otherwise. The against the Co I regardless of w ising after this indemnification provisions shall apply after Consultant begins the work and shall puts as to thertermination of executed Agreement is performed or terminated,ont including indemnity obligations of Contractor shall continueIndemnified Parties is s Contractor. The ind Y sal. by final judgment that the claim against the City and any of app determined by final judgment and after exhaustion of any 9 the foregoing, Consultant shall �� Limitations on Sco a of Indemnit Notwithstanding her, the indemnity le for indemnification for claims or losses Furl ed solely by the not be responsible of Indemnified Part negligence or intentional wrongdoing aw and as to provided shall be interpreted as broadly as permitted under reformed California be lops stent with agreements between parties, and shall if required be protect and save this provision for the protection of City and Indemnified those laws to Party. Contract - 3 Indemnification Independent of Insurance. These indemr,,...;ation provisions are fig) Inde be limited by the insurance requirements of independent of and shall not in any way A reement. City approval of the insurance required by this Agreement does not in this 9 any way relieve the Consultant from liability under this section. a the prevailing rate of wages in H. PREVAILING WAGES. Contractor shall be required to pay must be posted at the job accordance with the Labor Code which such rates shall vand which available at the City's Administrative Office or may be obtained online at dir_ca site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Contract - 4 w IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF ARCADIA WEST COAST A, BORISTS, INC. By: By: Dominic LazSignatu zare re City Manager P rink ao onej Print Name and Title Attest: By: r)f By: ity Clerk Approved as to Form: Michael J. Maurer l City Attorney d Contract - 5 Nrint Name ana i iue City of Arcadia January 10, 2024 West Coast Arborists, Inc. 2200 E. Via Burton Street Public Works Anaheim, CA 92806 Services Attn: Victor Gonzalez, VP of Business Development Department SUBJECT: ANNUAL TREE TRIMMING MAINTENANCE SERVICES Dear Mr. Gonzalez: Paul Cramer Enclosed is one duplicate original of the contract documents and specifications Public Works Services Direcor for the above referenced maintenance contract, between your company and the City. The City of Arcadia is pleased to do business with West Coast Arborists, Inc. c , a'o stom Service/Administrative Supervisor C: City Clerk's Office Enclosures 11800 Goldring Road ---pon-Of£ce-BoX-60021---...-- - Arcadia, CA 91066-6021 (626) 254-2720 (626) 359-7028 Fax www.ArcadiaCA.gov