HomeMy WebLinkAbout1993-06-15; City Council; Resolution 93-163r
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RESOLUTION NO. 93-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT FOR TREE
TRIMMING SERVICE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
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California, as follows:
1. That the bid of Homestead Tree Service, 51 73 Waring Road, #106, San D
9 2. That an Agreement between the City of Carlsbad and Homestead Tree Sc
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the price in effect at the end of the initial contract period is attached and made a part her l2
with the option to renew for two additional one year periods at an increase not to excec 11
tree trimming service for a period of one year commencing July 1, 1993 through June 3
is hereby approved.
14 3. That the Mayor of the City of Carlsbad is hereby authorized and dirc
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execute said Agreement for, and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
of Carlsbad on the 15th day of JUNE , 1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
2o I NOES: None
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I ABSENT: None
24 ATTEST: // 25
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AGREEMENT
TREE TRIMMING SERVICE
THIS AGREEMENT, made and entered into this 18th day of JUNE , 1993,l
and between the CITY OF CAEUSBAD, a municipal corporation, hereinafter referred t
"City", and HOMESTEAD TREE SERVICE, hereinafter referred to as "CONTRACTOR".
WHEREAS, the CONTRACTOR has submitted to the CITY a proposal to provide 1
Trimming Service.
WHEREAS, it has been determined that it is in the best interests of the CITY to e:
into the Agreement hereinafter contained.
NOW THEREFORE, in consideration of the mutual promises, conditions,
covenants herein contained; the parties hereto agree as follows:
1. Term of Ameement
This Agreement shall be for a period of one (1) year commencing on Jul:
1993 and ending June 30, 1994. At the end of the year the CITY has
right to rebid or to renew the agreement for two (2) additional one (1) y
(1) year periods unless canceled by either party in writing at least thirty (
days prior to the annual renewal date.
2. Compensation
CONTRACTOR shall provide tree trimming service for an hourly rate
$27.50 per man.
3. Escalation Clause
A request for a cost increase must be submitted in writing thirty (30) d;
prior to the beginning of each contract year by the CONTRACTOR. P
request for a cost increase will be negotiated and must be evidenced to t
satisfaction of the CITY, and be directly related to and not exceeding the 1
Bureau of Labor Statistics consumer Price Index for San Diego County, a
in any event may not exceed the actual increase in CONTRACTORS cost
4. Dum of Contractor
a. The CONTRACTOR wii be responsible for all clean-up, includi
disposal of debris and limbs and traffic control, during trimmi
operations.
b. Bids are to be made on an hourly basis and are to include equipme
and operator.
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c. Work to be billed for actual time on the job.
d. Response time within 48 hours.
e. The CONTRACTOR will be responsible for proper and adeqr
public or private property, and will assume all liability should inj
to persons or damage to property occur.
shielding of his equipment to prevent injury to persons or damagl
f. All means necessary to barricade and otherwise properly safeguard
immediate working area will be utilized by the CONTRACTOR a1
times.
g. All equipment to be used by CONTRACTOR must be properly guar
and shielded to protect operator and public.
5. Hold Harmless
CONTRACTOR agrees to indemnify, save, and hold harmless the CITY
its officers, agents, and employees from any and all lawsuits, dama,
liability, claims, or costs of any nature whatsoever, arising out of,
resulting from, either directly or indirectly, the performance of work pursr:
to this agreement, to the maximum extent allowed by law.
6. Insurance
CONTRACTOR shall maintain Workers’ Compensation Insurance, Liab
Insurance for insurance against injuries including accidental death, to
one (1) person in an amount no less than One Million Dollars ($l,OOO,O
naming the CITY as Additional Insured.
7. Business License
CONTRACTOR shall r-?aintain a business license to operate in the CiQ
Carlsbad.
8. Canceilation Clause
At any time during the te.,,n of this Agreement, either party may cancel
Agreement without cause, with thirty (30) days written notice.
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9. Pavments
CONTRACTOR shall submit invoices to Finance Department, 1200 Carls
Village Drive, Carlsbad, CA 92008. Payment shall be made in full by C
within thirty (30) days after receipt of invoice.
IO. Independent Contractor
It is expressly understood and agreed that the CONTRACTOR herein na
is acting as an Independent Contractor and not as an agent, servant,
employee of the CITY.
The CONTRACTOR shall be aware of the requirements of the Immigral
Refmm and Control Act of 1986 and shall comply with those requiremc
including but not limited to verifyzng the eligibility for employment for
agents, employees imd subcontractors that are included in the Agreeme
11. Assiment of Contract
CONTRACTOR may not transfer, assign, or subcontract this Agreer
without prior written consent of CITY.
IN WITNESS WHEREOF, the parties hereto have executed the Agreemen
Carlsbad, California, the day and year first above written.
City of Carlsbad, California
A Municipal Corporation
7Z/&&&47 CONTRACTOR ( c
HOMESTEAD TREE SERVICE
Attnst:
Aletha L. Rautenkranz, Ci
APPROVED AS TO FORM:
LE&*.
RONALD R. BULL, /c. 7 3,
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