Loading...
C15-17 - AB Landscaping - Alex Bohanek - Weed Abatement AGREEMENT FOR SERVICES BY [NDEPENDENT CONTRACTOR (Project Name: Fire Hazard Abatement Services) THIS AGREEMENT is made and effective as of the day of April, 2015, by and between the CITY OF BEAUMONT ("OWNER") whose address is 550 E. 6`h Street, Beaumont, California 92223 and c .i J , whose address is j 7/9-' r,4:;L L,j, -Beaumont, CA 92223("CONTRACTOR"). L'" 12,;,Y. <.j2SC:y RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such City fire hazard abatement services as may be assigned, from time to time,by OWNER. B. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term and Termination of Agreement. This Agreement is effective as of the date first above written and shall continue on a month-to-month basis and can be terminated by either party on thirty(30)days written notice to the other party. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by OWNER, in accordance with the "Scope of Services" attached hereto as Exhibit "A." Such services shall be provided from time-to-time when requested by the OWNER's Planning Director or OWNER's Code Enforcement Manager,or designated representative. 3. Compensation. 3.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR in accordance with CONTRACTOR'S current schedule of rates attached hereto as Exhibit "B." CONTRACTOR shall not increase any rate without the prior written consent of the OWNER. All authorized rate increases shall only apply prospectively after the date of each increase. Page 1 o::5 3.02 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those set forth in Exhibit "B." 3.03 CONTRACTOR agrees that payment of compensation earned shall be made within thirty (30) business days after receipt of a written invoice describing in reasonable detail, to the extent applicable, the services performed consistent with the rate schedule attached as Exhibit"B." 4. Obligations of Contractor. 4.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms of this Agreement and as specified in Exhibit"A." 4.02 CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 4.03 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $1 million per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required _/Not Required _X_; Obtain a policy of errors and omissions insurance in a minimum amount of $1 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; c. Comply with all applicable local, state and federal laws, rules and regulations regarding by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first assignment. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "A: VII") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self-insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or Page 2 of 5 persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 4.04 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER when requested by CONTRACTOR, OWNER shall furnish such information and documentation that may be required or useful to contradict that OWNER's employees, agents or officials are employees of CONTRACTOR. 4.05 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement. 4.06 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 4.07 P Drug-free Workplace Certification. By signing this Agreement, the 8 CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace. 4.08 Background Investigations. CONTRACTOR acknowledges that certain of CONTRACTOR's employees perform services that have the potential for endangering the health and safety of members of the general public, and have unrestricted access to sensitive OWNER operations and facilities which, if improperly operated or maintained, could result in personal injury or death to themselves, co-workers and the public. Therefore, the CONTRACTOR hereby agrees, at its sole cost and expense, to develop and implement an employee security system and program that includes, but is not limited to, the following: a. A personal history statement; Page 3 of 5 `ti? b. Reference checks; c. Photographs; 5. Status of Contractor. 5.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR'S own way as an independent contractor, and in pursuit of CONTRACTOR'S independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Manager as provided for in this Agreement. 5.02 CONTRACTOR hereby speci:ically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 6. Miscellaneous Provisions. 6.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 6.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 6.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the services authorized hereunder. Page 4 of 5 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above-written. OWNER: CONTRACTOR: CITY OF BEAUMONT By ;: .. .7�/1�i\ mss i�wa.'�� V , Br- .... = , Print Name / /< ;4 C)t-li-1i1('-� Title Cc-,., 'e ic. Business Name: /72, !3 z.,,,, 'S cir� Business License# 0 C-,7 7 Work Phone# t'l5/) ? 7k.'--`I S.3(:) Cell Phone# ( 9 5/) S 3'3 /3)0 Insurance provider .c,�nuc,f`A- �� �C c d (Attach proof of Insurance Page 5of5 CALF EXHIBIT A SCOPE OF SERVICES Please Check the Service that you are providing: xHandwork/ clean up 'A acre or less X Small lot mowing I acre or less X5 acres or less mowing or disking .x acres or more disking. Contractor must confirm assignment acceptance within 48 hours. Contractor must complete all accepted assignments within two weeks or it will be re-assigned. All equipment used must be in compliance with California Dept. of Motor Vehicle, Local, State, and Federal requirements for working condition and :maintenance use. Abatement of all properties located in the City limits of Beaumont will conform to the City of Beaumont Ordinance No. 385. Other State laws and local Municipal codes may also apply. Maintain an effective firebreak for the protection of improvements by removing all hazardous flammable waste and materials (including wood piles) and growth from the ground around each structure for a distance of not less than 30 feet from the exterior circumference. Remove that portion of any tree, which extends within 10 feet of the outlet of any chimney or stovepipe. Maintain any tree adjacent to or overhanging any building free of dead or dying wood. Maintain the roof of any structure free of leaves, needles, or other dead or dying wood. Maintain all fence lines and frontage of property from hazardous flammable waste and over growth. Provide and maintain at all times a screen over the outlet of every chimney or stovepipe. This screen should be constructed of non-flammable material with openings no greater than one half inch in size. Vacant parcels five acres or less in size shall be mowed to a 3 inch-high stubble, or disked 100% provided that such disking does not create fugitive dust emissions in violation of the air quality rules. Vacant parcels larger than five acres, improved or unimproved shall maintain a disked or mowed to a 3 inch-high stubble 100' foot wide perimeter with a 100' wide crisscross through the center of the parcel provided that such disking does not create fugitive dust emissions in violation of the Exhibit A- Page 1 of 3 Ci air quality rules. All weeds, brush, trash or other combustible material shall be cleared a minimum of 10 feet in all directions from all LP gas tanks. Piles of flammable waste in any yard, vacant lot or cpen space shall be removed. Wood piles shall be kept 30 feet away from buildings, fences and any other combustible materials and maintain a clearance of 10 feet around these wood piles. Remove any and all waste matter as described in Beaumont Municipal Code 8.08.020 and 8.32.230 then,dispose of them. All fence lines around the vacant parcels shall be abated. Any disposing of hazards on property (not limited to but including rubbish piles, woodpiles, trash piles, tree branches, and household fixtures) MUST have approval from the Owner's designated representative. HANDWORK The purpose of handwork abatement is the removal of flammable vegetation along fence lines, around trees, around structures, and on properties nct accessible by tractor or riding lawn mower. Also to dispose of flammable waste piles on property. 1. Contractor will not weed-eat or use push mower to abate the entire property, unless the property is NOT accessible by tractor or riding.1.awn mower. Contractor will NOT be paid for HOURS spent on abating properties with tractor accessibility. Contractors will only be paid the cost it will take for a tractor or riding i awn mower to complete the abatement. (see Disking Guidelines) Any issued properties that are in question, the contractor will notify the Owner's designated representative. 2. Contractor will use weed-eater or push mower. Shears, hoes, or any other hand-tools are not acceptable to abate the fire hazard. Any additional abatement to the property such as to limb a tree will be by approval of the Owner's designated representative. DISKING Tractor- to affect a fire-break for protection of improvements by removing all hazardous flammable materials or growth from the ground. Riding lawn mower- to mow flammable vegetation for protection of improvements on parcels that are less than 5 acres. 1. Vacant parcels five acres or less in size shall be mowed to a 3 inch-high stubble or disked 100%provided that such disking does not create fugitive dust emissions in violation of state air quality rules. Exhibit A - Page 2 of 3 2. Vacant parcels larger than five acres, improved or unimproved shall mowed to a 3 inch- high stubble, or disk 100 foot wide perimeter with a 100 foot wide "crisscross"through the center of the parcel. Provided that such disking does not create fugitive dust emissions in violation of state air quality rules. 3. Contractor will notify Owner's designated representative if hand work is needed along fence lines, around trees, and areas that are notaccessible by tractor or riding mower. Exhibit A - Page 3 of 3 EXHIBIT' B RATE SCHEDULE Weed Abatement Fees: Disking Rate: $100.00 per acre(1 acre minimum). Water Truck: $95.00 per truck Hand Work rate: $35.00 per hour per person, three person maximum (1 hour minimum). Reimbursement of pictures: $1.50 per picture, 3 pictures maximum per property. If dumping fees are necessary, you will need to provide a receipt from the dump and the actual fees will be reimbursed. To receive payment from the City of Beaumont the following must be shown on the invoice: 1) APN number and legal description and/or location of the property. 2) Pictures of before and after must be dated (by the camera). 3) Show Calculations of Fees. 4) Show date that the work was performed. 5) Show how long it took to complete the work and the type of work that was done. 6) Name, address and phone number of vendor. 7) Include a copy of the Weed Abatement contractor notice. 8) Must have an Invoice number(shall not be hand written). Exhibit B - Page 1 r'� i�'1 BOHAN-1 OP ID: HO ACC PRL? CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 09/23/2014, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME.: ISU CorMarc Agency PHONE __. I`FAX _____ -- __- License#0E63467 _LAt�NQ...E— -----__._.... __ ....—__l_(A/C,No):_._---_-- _ 25220 Hancock Ave.#200 E-MA L Murrieta,CA 92562 ADOF.ESS: CorMarc Agency _ INSURER(S)AFFORDING COVERAGE_ NAIL II _ INSURER Western Heritage Ins Co +— INSURED Alex Bohanek INSURER B 17150 Frankland Lane ——- INSURER C: Riverside,CA 92504 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 111E INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR I XP TYPE OF INSURANCE jN°S°RLIS, POLICY NUMBER (MM%DO POLICY F(MMIDDtYYYY) OMITS GENERAL LIABILITY EACH OCCURRENCE 1$ 1,000,000 (OAMAG€TO—RENTEb . ..- -.-- A I X 1 COMMERCIAL GENERAL LIABILITY 'SCP1000616 08/06/2014 08/06/2015 1 PREMISES(Ea occurrence 1.$ 100,000 CLAIMS-MADE 17)_( 'OCCUR 1 MED EXP(Any one person) 4$ 5,000 PERSONAL&ADV INJURY !$ 1,000,000 IGENERAL AGGREGATE I$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG i$ 1,000,000 ---, PRO __ j POLICY I JECT ! LOC $ AUTOMOBILE LIABILITY I ! COMBINED SINGLE LIMIT I ANY AUTO _ BODILY INJURY(Per person) $ --- 111.ALL OWNED Ir j SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED I PROPERTY DAMAGE $ HIRED AUTOS ,I AUTOS I(PER ACCIDENT) I i { $ UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ I ~ EXCESS UAB I CLAIMS-MADE AGGREGATE $ __ DED RETENTION$ J ) $ WORKERS COMPENSATION I 1111 I WC STATU- ' IOTH- AND EMPLOYERS'LIABIUTY I i .. TORY IJt LTS, , ER ANY PROPRIETOR/PARTNER/EXECUTIVE ? I ! EACH ACCIDENT $ OFFICER/MEMBER_ EXCLUDED? Y/N N/A: r— ' -- --- -I( esdtory idescribe under I EL.DISEASE-EA EMPLOYEE $ n_ s. cr0M OF OPERATIONS below ( - _.._ I n NH) SE.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space is required) Verification of Insurance CERTIFICATE HOLDER CANCELLATION INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Verification of Insurance ACCORDANCE WITH THE POLICY PROVISIONS. ( TI AUTHORIZED' REPRESENTATIVEJc,, I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD