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HomeMy WebLinkAbout2024-12-10; City Council; 06; Agreement with Dudek for Weed and Rubbish Abatement ServicesCA Review JRT Meeting Date: Dec. 10, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Darcy Davidson, Assistant Fire Marshal darcy.davidson@carlsbadca.gov, 442-339-2661 Subject: Agreement with Dudek for Weed and Rubbish Abatement Services Districts: All Recommended Action Adopt a resolution authorizing the City Manager or designee to execute an agreement with Dudek to provide weed and rubbish abatement services. Executive Summary The City of Carlsbad conducts an annual Hazard Reduction Program to eliminate fire hazards and nuisances caused by the accumulation of dry weeds and rubbish on vacant lots in Carlsbad. The Fire Department is asking the City Council to authorize a multiyear agreement for weed and rubbish abatement services with an annual not-to-exceed compensation amount of $200,000. Carlsbad Municipal Code Section 3.28.060(D) requires authorization from the City Council for such service contracts exceeding $100,000.00 per agreement year. Explanation & Analysis Overgrown and unmanaged vegetation can pose a serious threat to life, property and the environment in the event of a fire. To prevent and mitigate these fire hazards, the Fire Department has a longstanding annual Hazard Reduction Program. The program reduces or removes grass, weeds, brush, trees, fallen branches and tree foliage on vacant privately owned parcels throughout the city. A hazard survey is completed every year to identify parcels that have, or are likely to have, potential hazards during the drier months when the fire risk is high. The city also owns vacant parcels in need of ongoing vegetation management. In 2024, the Fire Department took responsibility for the weed and rubbish abatement services on vacant city- owned parcels. With this change, the Fire Department monitors and manages more than 2,000 acres, roughly 1,100 acres of city-owned property and 900 acres of privately owned property, throughout the year. The department uses a full-service landscape and maintenance contractor for weed and rubbish abatement services. The agreement for these services expired on Aug. 8, 2024. Dec. 10, 2024 Item #6 Page 1 of 20 Staff released a request for proposals for weed and rubbish abatement services on Aug. 16, 2024. Seven proposals were received. A selection committee evaluated each proposal based on the best value criteria below. The committee ranked Habitat Restoration Sciences, Inc.’s proposal as the best value and selected it for the agreement award based on: • Company’s experience, qualifications and references • Ability to provide scope • Cost information • Current equipment and standards • Value-added offerings Habitat Restoration Sciences, Inc., a subsidiary of Dudek, fully integrated with Dudek in October 2024. As a result, the committee confirmed Dudek would perform the services in accordance with Habitat Restoration Sciences, Inc.’s proposal and is highly qualified to do so. Rates for landscape services have significantly increased since the previous agreement, as shown in the tables below. The first table below shows that the average rates for all proposals increased significantly, ranging from 183% to 343%, while the second table shows Dudek's rates had comparatively smaller increases of 45% to 114%. AVERAGE RATE COMPARISON FOR ALL PROPOSALS Mulching Chipping Hand labor Tractor mowing Average rate $272.00 per hour $153.00 per cubic yard $114.00 per hour per person $295.00 per hour Previous rate $86.25 per hour $34.50 per cubic yard $40.25 per hour per person $86.25 per hour Percentage increase 215% 343% 183% 242% RATE COMPARISON FOR DUDEK ONLY Mulching Chipping Hand labor Tractor mowing Dudek rate $185.00 per Hour $50.00 per Cubic Yard $65.00 per Hour per Person $185.00 per Hour Previous rate $86.25 per Hour $34.50 per Cubic Yard $40.25 per Hour per Person $86.25 per Hour Percentage increase 114% 45% 61% 114% The volume of weed and rubbish abatement services varies every year. Factors such as rainfall can impact vegetation growth. In addition, the number of vacant privately owned parcels requiring weed and rubbish abatement also varies. For these reasons, the compensation terms of the agreement will vary because of fluctuating demands for the service from year to year. Dec. 10, 2024 Item #6 Page 2 of 20 Fiscal Analysis With increased rates and parcels, the annual budget for weed and rubbish abatement services can no longer support the Hazard Reduction Program. Additional funding will be needed to continue services for both city-owned and privately-owned parcels. Based on the program’s timing, additional funding will not be needed until the next fiscal year because city-owned parcels were taken care of in August 2024. The Fire Department has enough funding to abate the weeds and rubbish on privately owned parcels this fiscal year. The department will submit a supplemental budget request to align annual funding levels with increased program expenses in fiscal year 2025-26. Weed and rubbish abatement service costs are recoverable from private property owners under California Government Code Sections 39560-39588. Following these state laws, the city submits the abatement costs for privately owned properties to the San Diego County Tax Assessor for inclusion in property tax bills. In this case, payments received from property tax bills are returned to the General Fund. Next Steps The City Manager or designee will execute the agreement with Dudek so that it can continue providing weed and rubbish abatement services to the city. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution Dec. 10, 2024 Item #6 Page 3 of 20 Exhibit 1 Dec. 10, 2024 Item #6 Page 4 of 20 RESOLUTION NO. 2024-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGN EE TO EXECUTE AN AGREEMENT WITH DUDEK TO PROVIDE WEED AND RUBBISH ABATEMENT SERVICES WHEREAS, the City Council of the City of Carlsbad, California has determined that overgrown and unmanaged vegetation can pose a serious threat to life, property, and the environment in the event of a fire; and WHEREAS, the city conducts an annual Hazard Reduction Program to prevent and mitigate these fire hazards; and WHEREAS, the Hazard Reduction Program reduces or removes grass, weeds, brush, trees, fallen branches, and tree foliage on vacant city-owned and privately-owned parcels throughout the city; and WHEREAS, the Fire Department uses a full-service landscape and maintenance contractor for these weed and rubbish abatement services; and WHEREAS, the city relea~ed a request for proposals for weed and rubbish abatement services on August 16, 2024. Seven proposals were received. A selection committee evaluated each proposal based on predetermined best-value criteria; and WHEREAS, the committee ranked Habitat Restoration Sciences, Inc. as the best value and selected it for the agreement award; and WHEREAS, Habitat Restoration Sciences, Inc. was a subsidiary of Dudek and the companies fully integrated in October 2024; and WHEREAS, the committee confirmed Dudek would perform the services in accordance with Habitat Restoration Sciences, lnc.'s proposal and is highly qualified to do so. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager of the City of Carlsbad, or designee, is authorized to execute the Agreement for Weed and Rubbish Abatement Services with Dudek (Attachment A). 3. That the City Manager, or designee, is authorized to execute all future agreement amendments and other necessary program documents to continue weed-and rubbish Dec. 10, 2024 Item #6 Page 5 of 20 abatement services on vacant city-owned and privately-owned parcels throughout the city. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of December, 2024 by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor ( b,.o .Rm~ kr7SHERRY FREISINGER, City Clerk /)' (SEAL) Dec. 10, 2024 Item #6 Page 6 of 20 Oocuslgn Envelope ID: 19E6CBA6-96A1-4F66-A204-A4F440F3AB8D AGREEMENT FOR WEED AND RUBBISH ABATEMENT SERVICES DUDEK Attachment A r'\_ THIS AGREEMENT Is made and entered into as of the / Qt.h day of k}ofl grrlcxz C . 2f(J!/, by and between the City of carlsbad, callfornla, a municipal corporation ("City") and Dudek, a california corporation ("Contractor"), RECITALS A. The City requires the professional services of a full-service landscape and maintenance contractor who is experienced In vegetation management for hazard reduction purposes. B. The City advertised a Request for Proposals for weed and rubbish abatement services on August 16, 2024. C. . Habitat Restoration Sciences, Inc. ("HRS") submitted a bid in respo nse to the Request for Proposals. The City selected HRS based on predetermined best-value evaluation criteria. D. Since October 2004, HRS has operated as a habitat restoration construction subsidiary of Dudek. a callfornla-focused environmental and engineering consulting firm. In October 2024, HRS notified the City of Its intention to fully integrate with its parent company. E. On October 26, 2024. Dudek became the successor entity of HRS. F. Dudek will perform the services In accordance with HRS's proposal. G. Dudek has the necessary experience in providing professional services and advice related to weed and rubbish abatement services. H. Dudek has affirmed its willingness and ability to perform such work. NOW, THEREFORE, In consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK Crty retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is Incorporated by this reference In accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing In the Metropolitan Southern california area, and will use reasonable diligence and best Judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) year(s) from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year(s) periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. Page 1 Oty Attorney Approved Version 5/22/2024 Dec. 10, 2024 Item #6 Page 7 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed two hundred thousand dollars ($200,000.00) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed two hundred thousand dollars ($200,000.00) per Agreement year. The City agrees to pay the Contractor within 30 days of invoice receipt. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute "public works" under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Page 2 City Attorney Approved Version 5/22/2024 Dec. 10, 2024 Item #6 Page 8 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D Contractor to regularly check Proco re and review updated documents as they are added. There will be no cost to the Contractor for use of Proco re. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including reasonable attorneys fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, Page 3 City Attorney Approved Version 5/22/2024 Dec. 10, 2024 Item #6 Page 9 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Contractor shall be responsible for City's defense costs to the extent such costs are incurred as a result of Contractor's negligence, recklessness or willful misconduct. If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a "design professional" {as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor's liability for such claim, including the cost to defend, shall not exceed the Contractor's proportionate percentage of fault. The parties expressly agree that any payment, reasonable attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. Page 4 City Attorney Approved Version 5/22/2024 Dec. 10, 2024 Item #6 Page 10 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City." 12.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, Page 5 City Attorney Approved Version 5/22/2024 Dec. 10, 2024 Item #6 Page 11 of 20 Docusign Envelope ID: 19E6CBA6-96A1-4F66-A204-A4F440F3AB8D documents, proceedings, and act ivities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS Upon full payment to Contractor, all work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For Cit~: For Contractor: Name Darcy Davidson Name Eluid Lopez Title Assistant Fire Marshal Title Project Manager Dept Fire Attn: Legal Department CITY OF CARLSBAD Address 605 Third Street Address 2560 Orion Way ENCINITAS, CA 92024 Carlsbad, CA 92010 Email elopez@hrs.dudek.com Phone 442-339-2141 legal@dudek.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes □ No IZl 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Page 6 City Attorney Approved Version 5/22/2024 Dec. 10, 2024 Item #6 Page 12 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination and upon full payment to Contractor for services rendered, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the te'rmination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award City Attorney Approved Version 5/22/2024 Page 7 Dec. 10, 2024 Item #6 Page 13 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either ofthe parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. City Attorney Approved Version 5/22/2024 Page 8 Dec. 10, 2024 Item #6 Page 14 of 20 Docuslgn Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3A88D 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. 20 November 24 Executed by Contractor thts. _____ day of _________ _, 20_. CONTRACTOR DUDEK, a california corporation (sign here) Joseph Monaco, President/CEO (print name/title) By: RtlJu-b!MM\~S {sfgn here) Helder Guimaraes, Chief Financial Officer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of californla By: (sign here) f Scorr CHADWICK, CITY MANAGER ATTEST: SHERRY FREISINGER, City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f.! corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the offlcer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: ~~.h, Assistant City Attorney City Attorney Approved Version 5/22/2024 Page9 Dec. 10, 2024 Item #6 Page 15 of 20 Docusign Envelope ID: 19E6CBA6-96A1-4F66-A204-A4F440F3AB8D EXHIBIT A SCOPE OF SERVICES The City of Carlsbad (City) conducts an annual Hazard Reduction Program to eliminate fire hazards and nuisances caused by the accumulation of dry weeds and rubbish on vacant parcels throughout the city. Dudek (Contractor) shall provide weed and rubbish abatement services on privately owned and city- owned property according to the conditions and specifications below. Hazard Reduction Program 1. The City Council may declare weeds, rubbish, and refuse on private property to be public nuisances as noted in California Government Code Sections 39560-39588. 2. The Fire Chief is designated to perform the duties as described in these government code sections. 3. The removal of fire hazards or fire nuisances will be accomplished by mowing, hand labor, hauling, any combination of these operations, or any other method approved by the Fire Chief. 4. Maintenance may include the removal or modification of ground fuels such as grass, weeds, brush, trees less than three inches in diameter, fallen branches, and tree foliage within six feet of the ground. 5. Abatement services on privately owned property will commence no earlier than May 1 and terminate on August 31 of each year. Abatement services on city-owned property may be directed at any time during the year. 6. The program includes approximately 2,000 acres, which consists of roughly 900 acres of privately owned property and 1,100 acres of city-owned property. Program Administration 1. The Fire Chief may designate assistants to aid in program administration. 2. The Fire Marshal will administer the program under the direction of the Fire Chief. 3. The Fire Marshal and Hazard Reduction Inspector will organize and approve weed and rubbish abatement services. Program Specifications 1. General a. Contractor shall be responsible to obtain and review the master parcel list for the San Diego County Assessor's Office. Contractor shall make all additions and/or deletions as needed, verify all zero-value properties, and change hardline areas against current city maintenance areas. b. Contractor shall review the updated master parcel list and remove any improved properties completed by the property owner. c. Contractor shall receive, record, and respond to all concerns and complaints specific to hazard abatement only. All contacts shall be recorded in writing and subject to review by the City upon request. d. The Hazard Reduction Inspector must authorize the method and amount of abatement services before the commencement of work on a parcel. Abatement work on each parcel shall be considered complete when the Hazard Reduction Inspector determines that the work performed conforms to specifications contained herein and any special instructions provided to the Contractor before the commencement of work. City Attorney Approved Version 5/22/2024 Page 10 Dec. 10, 2024 Item #6 Page 16 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D 2. e. f. g. h. i. j. k. I. m. n. o. p. q. Mowing a. The Hazard Reduction Inspector shall provide all special cleaning instructions for a specific parcel in writing before the commencement of work. The Hazard Reduction Inspector shall provide written approval of work upon completion. Contractor shall furnish all manpower at its own expense. Each worker shall be in good health, properly attired, and equipped with appropriate protective devices and tools. Contractor shall furnish all supervision of hand crews at its own expense. All supervisors shall be experienced and must be able to speak and understand English. The size and crew assigned to perform work on a specific parcel are subject to approval by the Hazard Reduction Inspector. Contractor shall keep an accurate accounting of the names, dates, locations, duration, and type of labor performed by workers. Contractor shall provide an accurate report of the cost of work performed on each parcel. Reports shall be submitted on forms provided by the Fire Department. Hourly rates shall be calculated to the nearest minute and rounded up or down to the nearest¼ hour (15-minute increments). Mowing is considered the primary method of abating weeds unless otherwise specified. The Hazard Reduction Inspector may require alternative abatement methods. Contractor is responsible for the removal of litter left by workers at the site. An on-site supervisor shall be able to identify and locate parcels using the Assessor Parcel Number (APN) and be familiar with city maps. Contractor shall know native vegetation and modifying techniques, i.e. skirting, topping, thinning, etc. Disposition of cut or trimmed material shall be approved for each site before removal or mulching/chipping. The preferred method of abatement is mowing. Vegetation shall be cut to a maximum height of four (4) inches from the soil surface and laterally, no farther than 18 inches from property lines and/or structures. Perimeter weeds left standing shall be cut by handwork, mulched, or removed from the property. b. All tractor-mowers shall be rubber-tired and equipped with safety shields to prevent or reduce the throwing of rocks or other material that could result in injury or damage to persons or property. c. All tractors shall be equipped with an approved exhaust spark arrestor, approved Class A fire extinguisher, and shovel. 3. Hand Labor a. A tractor mower may be impractical at times because of topography, nature of the soil, location of trees, shrubbery, buildings, fences, or type of vegetation. In these cases, hand tools may be required for the removal or thinning of materials. The Hazard Reduction Inspector shall specify the amount of hand labor to be performed upon any parcel before the commencement of work. b. Contractor shall furnish all hand tools, power equipment, and safety equipment needed to accomplish the specified work most expeditiously. c. Contractor shall provide, operate, and maintain suitable truck(s), with high sides for hauling, at its own expense. d. The material cut by hand labor shall be disposed of by mulching, chipping, or removal to the nearest landfill. City Attorney Approved Version 5/22/2024 Page 11 Dec. 10, 2024 Item #6 Page 17 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D e. Charges for the removal of cut material from any parcel may be computed on a per cubic yard basis. 4. Rubbish Removal a. Contractor shall abate rubbish, trimmings, or other combustible materials on a parcel that constitute a fire hazard or nuisance. Contractor will remove the materials to the nearest organic or recycling facility, landfill, or hazardous waste disposal facility. b. The Hazard Reduction Inspector shall estimate the number of materials removed from each parcel to the nearest cubic yard. Contractor shall submit a billing for each parcel indicating the amount and charge per cubic yard. 5. Proper Disposal a. Materials (organic, recyclable, solid waste) collected during work must be properly separated and disposed of at an appropriate collection facility such as a recycling center for organic materials and recyclable materials, or a landfill for rubbish or solid waste, or a hazardous waste disposal facility for materials classified by the State of California as hazardous. Disposal records should be kept and provided if requested by the City. 6. Equipment a. The primary tractor used for mowing shall be a four-wheel drive or a track-layer type. It must be large enough to power the following attachment(s), a double-bladed 6' Woods rotary cutter and/or brush hog mower. An equivalent attachment may be used if the results are the same. All tractors shall be equipped with an approved exhaust spark arrestor, approved Class A fire extinguisher, and shovel. b. Qualified cooperatives and experienced operators shall operate all tractors and equipment. c. Contractor shall maintain all equipment at its own expense and time. FEE SCHEDULE Abatement Services Unit Cost Cost Mulching Per Hour with Tractor $185.00 Chipping (includes spreading) Per Cubic Yard $50.00 Hand Labor (includes removal of cut material) Per Hour Per Person $65.00 Tractor Mowing Per Hour with Tractor $185.00 Clean Green Material Rubbish Hauling Per Cubic Yard $70.00 General Refuse Rubbish Hauling Per Cubic Yard $75.00 Annual Agreement amount shall not exceed two hundred thousand dollars ($200,000.00) City Attorney Approved Version 5/22/2024 Page 12 Dec. 10, 2024 Item #6 Page 18 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE 8/28/2025 I DATE (MM/DD/YYYY) ~ 11/15/2024 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 have ADDITIONAL INSURED provisions or 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 Lockton Companies, LLC CONTACT NAME: 444 W. 47th Street, Suite 900 PHONE IFAX IAIC No Ext\: /A/C Nol: Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: kcasu@lockton.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Zurich American Insurance Comoanv 16535 INSURED DUDEK 1NsuRER B : Continental Casualtv Comnanv 20443 1551513 605 THIRD STREET INSURERC: ENCINITAS CA 92024 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 21155053 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER /MM/DD/YYYYI /MM/DD/YYYY\ LIMITS A X COMMERCIAL GENERAL LIABILITY y N GLO014631 l 8/28/2024 8/28/2025 EACH OCCURRENCE $ 2 000 000 -□ CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ 100 000 MED EXP (Any one person) $ 10 000 - PERSONAL & ADV INJURY $ 2 000.000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4 000.000 ~ @ PRO-[x] LOG PRODUCTS -COMP/OP AGG $ 4 000.000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY N N BAP0146329 8/28/2024 8/28/2025 COMBINED SINGLE LIMIT $ 2 000.000 /Ea accident) -_x_ ANY AUTO BODILY INJURY (Per person) $ x:xxxxxx ~ OWNED SCHEDULED BODILY INJURY (Per accident) $ x:xxxxxx AUTOS ONLY AUTOS -HIRED ~ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident) $ x:xxxxxx -~ $ x:xxxxxx UMBRELLA LIAB HOCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx OED I I RETENTION $ $ x:xxxxxx WORKERS COMPENSATION N I PER I IOTH-A WC0146330 8/28/2024 8/28/2025 X STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [m E.L. EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1000000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS below B PROFESSIONAL N N EEH591932835 INCL POLL 8/28/2024 8/28/2025 $1MPERCLAIM/$1M LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: THE CITY OF CARLSBAD IS ADDITIONAL INSURED ON GENERAL LIABILITY, ON A PRIMARY, NON-CONTRIBUTORY BASIS, IF REQUIRED BY WRITTEN CONTRACT. 30 DAY WRITTEN NOTICE OF CANCELLATION APPLIES, IO DAYS FOR NON-PAYMENT OF PREMIUM, AS REQUIRED BY WRITTEN CONTRACT. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER 21155053 CITY OF CARLSBAD 2560 ORION WAY CARLSBAD, CA 92010 ACORD 25 (2016/03) CANCELLATION SeeAttachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988 All rights reserved. The ACORD name and logo are registered marks of ACORD Dec. 10, 2024 Item #6 Page 19 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D Attachment Code: D574649 Certificate ID: 21155053 Additional Insured -Owners, Lessees Or Contractors -Scheduled Person Or Organization l!i> ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO0146311 Effective Date: 8/28/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT. ALL LOCATIONS Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-2169-A CW (02/19) Page 1 of 2 Dec. 10, 2024 Item #6 Page 20 of 20 Docusign Envelope ID: 19E6CBA6-96A 1-4F66-A204-A4F440F3AB8D Attachment Code: D574649 Certificate ID: 21155053 A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-2169-A CW (02/19) Page 2 of 2