HomeMy WebLinkAbout1994-04-12; City Council; Resolution 94-99I1 -e e
RESOLUTION NO. 94-99
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE EXECUTION OF AN AGREEMENT FOR WEED AND 2 CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING
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RUBBISH ABATEMENT.
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8 hereby accepted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl:
California, as follows:
1. That the bid of lngold Tractor Service, 4135 Park Drive, Carlsbad CA 920
9 2. That an Agreement (Exhibit "A) between the City of Carlsbad and lngold Tr
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which is attached, and made a part hereof, is hereby approved. 12
through May 15, 1995, with the option to renew for three additional one year periods, a cc 11
Service for weed and rubbish abatement for the period of one year commencing May 16,
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3. That the Mayor of the City of Carlsbad is hereby authorized and direct
execute said Agreement for, and on behalf of the City of Carlsbad.
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23 AITEST:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of th
of Carlsbad on the Bhday of APRIL , 1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
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25 ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)
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e 0 EXHIBIT
AGREEMENT
THIS AGREEMENT, made and.entered into as of the 14th day of
APRIL , 1994, by and between the CIlY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and INCOLD TRACTOR SERVICE
hereinafter referred to as "Contractor".
A. RECiTALS
The City has determined that a Weed Abatement Program is in the public
interest The City Council shall designate lots and parcels to be cleared. This
agreement is to provide for the performance of this weed and rubbish
abatement work and to define the rights and obligations of the parties.
B. AGREEMENT
THEREFORE, it is'agreed between the parties as follows:
1. In consideration of the fees set forth in Bid Proposal listed on exhibit *' 11'
the Contractor will:
a. Take responsibility for the performance of ail work described in
this agreement, specifications, terms and conditions and
addendum thereto.
b. Provide all labor, material, equipment and tools for the removal of
weeds, debris, and plant growth from parcels, lots in the
incorporated areas of the City of Carlsbad, and supervise the
performance of the work.
c. Furnish a qualified supervisor and make every effort to keep him
on the job at all times.
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d. Rmply with all laws, ordinances, ru 1). ,,a and regulations of
government authorities, federal, state and local, including Workers
Compensation and Immigration Reform and Contract Act of 1986,
pertaining to the performance of the work.
e. Perform all work necessary and incidental to the orderly
performance of the work.
2. TIME OF COMMENCEMENT
Contractor shall commence performance of work no later than May 16,
1994 and complete work by July 15, 1994. Time shall be deemed of the
essence regarding this contract. No extension of time beyond the time of
completion herein mentioned will be granted except by the Fire Chief or
his designee, (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 through
Friday. The work week will not exceed five days per week and no work
shall be done on Saturdays or Sundays without the expressed
permission of the Fire Chief or his designee. All scheduling of cleaning
operations will be determined by the Fire Chief or his designee.
4. INSPECTION
The degree and type of work to be accomplished on the designated lots
shall be determined by the Fire Chief or his designee. Inspection and
acceptance of the work by the Fire Chief or his designee is required prior
to certification for payment. All reports and work orders must be signed
by the inspector and the contractor.
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5. PAYMENT AND BILLING
a. Thirty (30) calendar days after commencing work and at thirty (30)
day intervals thereafter, an invoice in duplicate shall be submitted
to the City of Carlsbad, showing type of work performed and
amount of money claimed under the contract. The claim, upon
acceptance and approval by the Fire Chief or his designee will be
processed for payment after July 1 of each year of the contract.
b. Ten percent (10%) will be withheld from each invoice until
completion of the work required to be performed by contractor in
each year of the contract.
c. Contractor shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by
the contractor in accordance with generally accepted accounting
principles. All invoices billing for services performed, shall be
accompanied by detailed statements supporting the charges. The
detailed statement must provide such reasonable information as
may be required by the City of Carlsbad.
d. Payment will not be made to the contractor for work done that was
not authorized by the Fire Chief or his designee.
6. STORAGE AND SANITARY FACILITIES
a. Contractor shall make arrangements for storing his equipment at
night and on Saturdays, Sundays or holidays. Equipment shall
not be parked or stored on private property without the permission
of the property owners.
b. All transportation of equipment and personnel to and from the job
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site shall be arranged by the contractor.
c. The contractor shall be responsible for providing sanitary facilities
or transportation to such facilities for all of his personnel. Sanitary
facilities shall meet state standards and local laws.
FUTURE ADJUSTMENTS TO CONTRACT PRICES
Based on the Contractor's satisfactory performance during the contract
period, prior to February 1 st of each year, the City and the Contractor
may negotiate one year extensions to this agreement up to three
additional years. If both parties agree upon revised prices, they shall
become an addendum to this agreement and shall take effect April 1st.
The City Manager has the authority to execute the addendums.
. 8. TERMINATION
a. The City reserves the right to terminate the contract at any time
due to illegal acts or failure on the part of the contractor to perform
work for more than two (2) consecutive working days.
Notwithstanding the agreement term described in Paragraph 19,
this agreement may be terminated with or without cause by either
party at any time upon thirty (30) days written notice to the other
Pafly -
9. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims,
liabilities, penalties, fines, or any damage to goods, properties, or effects
of any person whatever, nor for personal injuries or death caused by, or
resulting from, any intentional or negligent acts, errors or omissions of
Contractor or Contractor's agents, employees, or representatives.
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Contractor agrees to defend, indemnify, and save free and harmless the
City and its officers and employees against any of the foregoing claims,
liabilities, penalties or fines, including liabilities or claims by reason of
alleged defects in any plans and specifications, and any cost, expense or
attorney's fees which are incurred by the City on account of any of the
foregoing.
10. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein 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 shall be under control of the City only as to the result to be
accomplished but shall consult with the City as provided for this
agreement. The Contractor is an independent Contractor of the City. The
payment made to the Contractor pursuant to this contract shall be the full
and complete compensation to which Contractor is entitled pursuant to
this contract. The City shall not make any federal or state tax
withholdings on behalf of the Contractor. The City shall not be required
to pay any workers' compensation insurance on behalf of the Contractor.
The Contractor agrees to indemnify the City for any tax, retirement
contribution payment which the City may be required to make on behalf
of Contractor or any employee of Contractor for work done under this
agreement.
The Contractor shall be aware of the requirements of the
Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 11 01 -
1525) and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents,
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employees, subcontractors, and consultants 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 under
this contract by the Contractor, Contractor shall be fully responsible to the
City for the acts and omissions of Contractor's subcontractor as
Contractor is for the acts and omissions of persons directly employed by
Contractor. Nothing contained in this contract shall create any
contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract applicable
to Contractor's work unless specifically noted to the contrary in the
subcontract in question approved in writing by the City.
13. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the
City to negotiate, make, accept, or approve, or take part in negotiating,
making, accepting, or approving of this agreement, shall become directly
or indirectly interested personally in this contract or in any part thereof.
No officer or employee of the City who is authorized in such capacity and
on behalf of the City to exercise any executive, supervisory, or similar
functions in connection with the performance of this contract shall
become directly or indirectly interested personally in this contract or any
part thereof.
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14. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or
employee of the City, either before, during or after the execution of this
contract, shall affect or modify any of the terms or obligations herein
contained nor entitle the Consultant to any additional payment
whatsoever under the terms of this contract.
15. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 9, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall insure to and shall bind
each of the parties hereto, and each of their respective heirs, executors,
administrators, successors, and assigns.
16. ACCEPTANCE OF PUBLIC FACILITIES "AS IS"
Contractor acknowledges having examined the types of sites, local
conditions affecting the same, to be abated pursuant to this agreement
and accepts them "as is". No changes in the conditions of the lots shall
be made by contractor without prior approval of the Fire Chief.
17. CITY PERMITS
The Contractor must have a current City business license. Bidders are
advised to consult the Business License Supervisor in the Finance
Department as to the exact cost of such license if not currently licensed.
18. TERM
This agreement shall extend for a period of one (I) year. By mutual
assent, the parties may extend this agreement for three (3) additional one
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(1) year periods for a total period of four (4) years upon satisfactory
performance, and the consideration shall be determined by the methods
described in Paragraph 7.
19. DISPUTES
At any time during the cleaning operations, a controversy should arise as
to the number.of lots cleaned, the amount of work done, or to be done, or
the sizes or parcels cleaned by the contractor; the matter and attendant
records and reports will be studied and explained fully and the decision
made by the Fire Chief shall be final.
20. SAFETY
All equipment and machinery utilized by the Contractor while performing
work for the City shall be equipped and operated in such a manner so as
to conform to all applicable laws and regulations including, but not
limited to CAL-OSHA, concerning safety and operations.
21. JNSURANCE
The Contractor shall obtain and maintain policies of general liability '
insurance, automobile liability insurance, and a combined policy of
worker's compensation and employers liability insurance from an
insurance company authorized to do business in the State of California
which meets the requirements of City Council Resolution No. 91-403 in
an insurable amount of not less than one million dollars ($1,000,000)
each, unless a lower amount is approved by the City Attorney or the City
Manager. This insurance shall be in force during the life of this
agreement and shall not be canceled without thirty (30) days prior written
notice to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The
Contractor shall furnish Certificates of Insurance to.the City before
commencement of work.
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ALL PURPOSE
ACKNOWLEDGEMENT @ST Furnished by - Capacity Claimed By Signer:
ORANGE COAST TITLE COMPANY "1 s-e
STATE OF cALimwds OF SAN DiEGO ~4- Corporate Officer(s)
COUNTY OF S+ bkTd
On cM-O'-qy , before me, the undersigned Notary Public, personally appeared
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Tit/e(s)
i" U Partner(s) Limited/General
0 Attorney-In-Fact
0 Subscribing Witness
a ZPt490LO
!4X- Personally known to me - OR -
Signer Is Representing: 0 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
0 Public Agency
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
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WITNESS my hand and seal. .. .
OCT-190
Executed by Contractor this / day of 4-11 1 , 1994.
CONTRACTOR
Name of Contractor : INGOLD TRACTOR SERVICE
. (Sign Here)
I -&?m L,n
(Print Name Here) '
c74//;rgp
(Title and Orgkization of Signatory)
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CITY OF CARLSBAD, A MUNICIPAL
ATTEST:
AJ2iZLeL-
ALETHA L. RAUTENKRANZ, City Clerk
(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 to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY-/ fLd
Karen Hirata
Deputy City Attorney
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