HomeMy WebLinkAbout1993-04-06; City Council; Resolution 93-781
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RESOLUTION NO. 93 - 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR WEED AND
RUBBISH ABATEMENT.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 1
6 California, as follows:
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1. That the bid of E & J Weed Abatement Company, 8685 Magnolia Ave,
Santee CA 92071 is hereby accepted.
2. That an Agreement between the City of Carlsbad and E & J Weed A
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Company for weed and rubbish abatement for the period of one year commencing M:
through April 30, 1994, with the option to renew for three additional one year periods,
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15 execute said Agreement for, and on behalf of the City of Carlsbad.
16 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
17 of Carlsbad on the 6th day of APRIL , 1993, by the following vote, to wit:
18 AYES: Council Members Stanton, Kulchin, Nygaard, Finnila
which is attached, and made a part hereof, is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby authorized and d
19 NOES: None
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Margaket Stanton, Mayor Pro
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ABSENT: Council Member Lewis
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,~~~~~’,~~~~~/~~~~~~,~~,~~ t /*- i: I
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CLAUDEIA. LEWIS, Mayor
ATTEST:
ALETHA L. RA
(SEAL)
0 .. EXHIBIT '9
AGREEMENT
THIS AGREEMENT, made and entered into as of the 8th day of
APRIT, ,1993, by and between the CITY OF CARLSBAD, a municip
corporation, hereinafter referred to as "City", and E & J WEED ABATEMENT COMPAN'
hereinafter referred to as "Contractor".
A. RECITALS
The City has determined that a Weed Abatement Program is in the public intere:
The City Council shall designate lots and parcels to be cleared. This agreemel
is to provide for the performance of this weed and rubbish abatement work an
to define the rights and obligations of the parties.
6. AGREEMENT
THEREFORE, it is agreed between the parties as follows:
1. In consideration of the fees set forth in Bid Proposal listed on Exhibit "A
the Contractor will:
a. Take responsibility for the performance of all work described in thi:
agreement, specifications, terms and conditions and addendul
thereto.
b. Provide all labor, material, equipment and tools for the removal (
weeds, debris, and plant growth from parcels, lots and parkways
the incorporated areas of the City of Carlsbad, and supervise th
performance of the work.
c. Furnish a qualified supervisor and make every effort to keep him c
the job at all times.
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d. Co 9 ply with all laws, ordinances, ? des and regulations c
government authorities, federal, state and local, including Worker
Compensation and Immigration Reform and Contract Act of 198t
pertaining to the performance of the work.
e. Perform all work necessary and incidental to the orderly performanc
of the work.
2. TIME OF COMMENCEMENT
Contractor shall commence performance of work May 17, 1993 an
complete work by July 16, 1993. Time shall be deemed of the essenc
regarding this contract, no extension of time beyond the time of completic
herein mentioned will be granted except by the Fire Chief or his designe
(unless otherwise directed by the City Council) for good cause.
3. SCHEDULE OF WORK
Work hours shall be between 7:OO a.m. and 6:OO p.m., Monday throul
Friday.
Work week will not exceed five days per week and no work shall be dol
on Saturdays or Sundays without the expressed permission of the Fi
Chief or his designee. All scheduling of cleaning operations will I
determined by the Fire Chief or his designee.
4. lNSPECTlON
The degree and type of work to be accomplished on the designated IC
shall be determined by the Fire Chief or his designee. Inspection a
acceptance of the work by the Fire Chief or his designee is required pr
to certification for payment. All reports and work orders must be signed
the inspector and the contractor.
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5. PAYMENT AND BILLING
a. Thirty (30) calendar days after commencing work and at thirty (3(
day intervals thereafter, an invoice in duplicate shal\ be submitted I
the City of Carlsbad, showing type of work performed and amou
of money claimed under the contract. The claim, upon acceptanc
and approval by the Fire Chief or his designee will be processed fl
payment after July 1 of each year of the contract.
b. Ten percent (1 0%) will be withheld from each invoice until completic
of the work required to be performed by contractor in each year
the contract.
c. Contractor shall keep true and accurate accounts, records, boo
and data which shall correctly reflect the business transacted by tl
contractor in accordance with generally accepted accountil
principles. All invoices billing for services performed, shall I
accompanied by detailed statements supporting the charges. T
detailed statement must provide such reasonable information as rn
be required by the City of Carlsbad.
d. Payment will not be made to the contractor for work done that w
not authorized by the Fire Chief or his designee.
6. STORAGE AND SANITARY FACILITIES
a. Contractor shall make arrangements for storing his equipment
night and on Saturdays, Sundays or holidays. Equipment shall I
be parked or stored on private property without the permission
the property owners.
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0 0 b. All transportation of equipment and personnel to and from the jol
site shall be arranged by the contractor.
c. The contractor shall be responsible for providing sanitary facilities c
transportation to such facilities for all of his personnel. Sanitar
facilities shall meet state standards and local laws.
7. FUTURE ADJUSTMENTS TO CONTRACT PRICES
Based on the Contractor's satisfactory performance during the contrac
period, prior to February 1 st of each year, the City and the Contractor sh:
negotiate one year extensions to this agreement up to three addition
years, If both parties agree upon revised prices, they shall become i
addendum to this agreement and shall take effect April 1 st.
8. TERMINATION
a. The City reserves the rig.ht to terminate the contract at any time dl
to illegal acts or failure on the part of the contractor to perform wo
for three (3) consecutive working days.
Notwithstanding the agreement term described in paragraph 19,
this agreement may be terminated with or without cause by eith
party at any time upon thirty (30) days written notice to the 0th
party-
9. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claim
liabilities, penalties, fines, or any damage to goods, properties, or effects
any person 'whatever, nor for personal injuries or death caused by,
resulting from, any intentional or negligent acts, errors or omissions of
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Contractor or Contractor’s agents, employees, or representative:
Contractor agrees to defend, indemnify, and save free and harmless th
City and its officers and employees against any of the foregoing claim!
liabilities, penalties or fines, including liabilities or claims by reason (
alleged defects in any plans and specifications, and any cost, expense (
attorney’s fees which are incurred by the City on account of any of tt-
foregoing.
10. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein
Contractor’s own way as an independent contractor and in pursuit
Contractor’s independent calling, and not as an employee of Cii
Contractor shall be under control of the City only as to the result to t
accomplished but shall consult with the City as provided for this agreemer
The Contractor is an independent Contractor of the City. The payme
made to the. Contractor pursuant to this contract shall be the full ar
complete compensation to which Contractor is entitled pursuant to tt
contract. The City shall not make any federal or state tax withholdings t
behalf of the Contractor. The City shall not be required to pay any workel
compensation insurance on behalf of the Contractor. The Contrad
agrees to indemnify the City for any tax, retirement contribution paymc
which the City may be required to make on behalf of Contractor or a
employee of Contractor for work done under this agreement.
The Contractor shall be aware of the requirements of the lmmigrati
Reform and Control Act of 1986 (8 U.S.C. Sec. 11 01 -1 525) and shall coml
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with thos a, equirements, including, but not liml d d to, verifying the eligibilit
for employment of all agents, employees, subcontractors, and consultant
that are included in this agreement.
11. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or
any monies due thereunder without the prior written consent of the
City.
12. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed undc
this contract by the Contractor, Contractor shall be fully responsible to tt
City for the acts and omissions of Contractor’s subcontractor as Contract
is for the acts and omissions of persons directly employed by Contractc
Nothing contained in this contract shall create any contractual relationsh
between any subcontractor of Contractor and the City. The Contractor sh
bind every subcontractor and every subcontractor of a subcontractor by tl
terms of this contract applicable to Contractor’s work unless specifica
noted to the contrary in the subcontract in question approved in writing I
the City.
13. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of 1
City to negotiate, make, accept, or approve, or take part in negotiatir
making, accepting, or approving of this agreement, shall become dire(
or indirectly interested personally in this contract or in any part thereof.
officer or employee of the City who is authorized in such capacity and
behalf of the City to exercise any executive, supervisory, or similar functic
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in conne 9 on with the performance of this contract 0 shall become directly c
indirectly interested personally in this contract or any part thereof.
14. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employe
of the City, either before, during or after the execution of this contract, shi
affect or modify any of the terms or obligations herein contained nor entit
the Consultant to any additional payment whatsoever under the terms
this contract.
15. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 9, "Hold Harmless Agreement,"
terms, conditions, and provisions hereof shall insure to and shall bind eac
of the parties hereto, and each of their respective heirs, executol
administrators, successors, and assigns.
16. ACCEPTANCE OF PUBLIC FACILITIES "AS IS1
Contractor acknowledges having examined the types of sites, lo(
conditions affecting the same, to be abated pursuant to this agreement a1
accepts them "as is". No changes in the conditions of the lots shall
made by contractor without prior approval of the Fire Chief.
17. CITY PERMITS
The Contractor must have a current City business license. Bidders i
advised to consult the Business License Supervisor in the Finan
Department as to the exact cost of such license if not currently licensec
18. TERM
This agreement shall extend for a period of one (I) year. By mutual ass€
the parties may extend this agreement for three (3) additional one (1) yc
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periods for a total period of four (4) years upon satisfactory performance
and the consideration shall be determined by the methods described i
paragraph 7.
19. DISPUTES
At any time during the cleaning operations, a controversy should arise :
to the number of lots cleaned, the amount of work done, or to be done, 1
the sizes or parcels cleaned by the contractor; the matter and attenda
records and reports will be studied and explained fully and the decisic
made by the Fire Chief shall be final.
20. SAFETY
All equipment and machinery utilized by the Contractor while performil
work for the City shall be equipped and operated in such a manner so
to conform to all applicable laws and regulations including, but not limit(
to CAL-OSHA, concerning safety and operations.
21. INSURANCE
The Contractor shall obtain and maintain policies of general liabi~
insurance, automobile liability insurance, and a combined policy of worke
compensation and employers liability insurance from an insurance compa
authorized- to do business in the State of California which meets 1
requirements of City Council Resolution No. 91-403 in an insurable amol
of not less than one million dollars ($1,OOO,OOO) each, unless a IOU
amount is approved by the City Attorney or the City Manager. This
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insuranc !B hall be in force during the life of thi !B greement and shall not b
canceled without thirty (30) days prior written notice to the City sent k
certified mail.
The City shall be named as an additional insured on these policies. Tt
Contractor shall furnish certificates of insurance to the City befo
commencement of work.
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0 0 Executed by Contractor this day of ,1993.
CONTRACTOR:
NameAf Corwactor
BY: IK k
(Sign Here)
khtf~ LF~ Gracdd
(Print Name Here)
(Title and Organization of Signatory)
BY:
(Sign Here)
(Print Name Here)
(Title and Organization of Signatory)
CIW OF CARLSBAD, A MUNICIPAL
CORPORATION OF THE STATE OF
CANFORNIA. 1
BY: p&&;r ayor / % et ;''bZh
Margar Stanton, Mayor Pro Tern
ATTEST: 7
D&
ALETHA L. RAUTENKRANZ, City Cler$
(Proper notarial acknowledgement Of execution by Contractor must be attached.)
(President or vice-president AND secretary or assistant secretary must sign fo,
corporations- If only one Officer signs, the corporation must attach a resolution certifiec ""-A*"" - ! - . - . .
L
I STATE OF CAUFORN
On m 2ta .1*3 before me, ,I 1 bd&S , a nmr
personally appeared
COUNTY OF 5dL ss. :
y km k€ L'5-4 k-
TARY PUaG ChLIFORN(4
Nararial Seal W Notary Public
\
ASN 1-1-91 ,,",,""".l.li"."""""""""""""""""~
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0 0 .. Executed by Contractor this day of , 1993.
CONTRACTOR:
Name f Co actor
BY: & .&,/QJ ~
(Sign Here)
lUA67w CF6 GS-8i?Ld
(Print Name Here)
CITY OF CARLSBAD, A MUNlClPA
CORPORATION OF THE STATE Oi
(Title and Organization of Signatory)
BY:
(Sign Here)
on, Mayor Pro Tern
(Print Name Here)
(Title and Organization of Signatory) ALETHA L RAUTENKRANZ, Ci Cle$
(Proper notarial acknowledgement of execution by Contractor must be attached.)
(President or vice-president AND secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer tc
bind the corporation.) k
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY LR. k
Karen Hirata +. 7.73 .
Deputy City Attorney
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'. e e * EXHIBIT "A
TABULATION OF BIDS
WEED ABATEMENT
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E & J Weed
4135 Park Drive Abatement
Ingold Tractor Service
Santee CA 92071
Suite A Carlsbad CA 92008 8685 Magnolia Ave.
DISCING
A PARCEL 1 - 7,500 Sq.ft.
43.00 42.00 D PARCEL 30,001 - 43,560 Sq.ft.
42.00 39.00 C PARCEL 15,001 - 30,000 Sq.ft.
35.00 34.00 B PARCEL 7,501 - 15,000 Sq.ft.
33.00 31 .OO
E PARCEL over 1 acre (per acre)
MOWING
43.00 42.00
A PARCEL 1 - 7,500 Sq-ft.
55.00 54.00 D PARCEL 30,001 - 43,560 Sq.ft.
45.00 44.00 C PARCEL 15,001 - 30,000 Sq.ft.
42.00 41 .OO B PARCEL 7,501 - 15,000 Sq.ft.
40.00 39.00
E PARCEL over 1 acre (per acre)
12.00 10.00 CHIPPING per cubic yard
12.00 10.00 MULCHING per cubic yard
133.00 131.00 GENL RUBB per ton
125.00 105.50 CLEAN GREEN per ton
RUBBISH HAULING
55.00 54.00
HD LABOR/HR per hour 28.00 32.00
HD LABOWSF per sq ft. 00.035 00.04
BLADE WORK per hour 55.00 70.00
TRAC.MOWING per hour 38.00 35.00