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HomeMy WebLinkAbout1996-04-16; City Council; Resolution 96-133I 1 2 3 4 5 6 7 8 9 10 I’ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 9 6 - 133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE HOSP GROVE FIRE HAZARD MITIGATION PROGRAM WHEREAS, on February 21, 1995, the City Council approved a plan to mitigate WHERWS, on January 23,1996 the City Council appropriated necessary funds WHEREAS, the Council approved action of selecting a contractor to perform th NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca California, as follows: 1. That the above recitations are true and correct. 2. That the bid of lngold Tractor Service, 4135 Park Drive, Carlsbad CA 92 hereby accepted and the Purchasing Officer is hereby authorized to execute a purchase 01 the acquisition of the specified services. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to e an agreement, a copy of which is attached hereto, for and on behalf of the City of Carlsbi PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsb: regular meeting held on the 16th day of APRIL , 1996, by the following vote, hazard in Hosp Grove; and project, and also accepted a grant to defray the cost; and has been completed. AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None I ATTEST: j ‘1 I ’ (SEAL) /I 0 AGREEMENT 0 THIS AGREEMENT, made and entered into as of the 24th day of APRIL ,\I9 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", i the lngold Tractor Service, hereinafter referred to as "Contractor". A. RECITALS The City has determined that certain conditions existing on city owned property located the area known as Hosp Grove, unnecessarily elevate the risk of fire. Therefore, the ( finds that it is in the public interest to abate those conditions, namely, grass, weeds, bru: certain immature trees, low hanging foliage, refuse and other combustible material that c be categorized as "ground" fuels. Abatement of these hazards will be accomplished means of the Hosp Grove Fire Hazard Mitigation Program. The City Council sh designate those parcels owned by the City of Carlsbad and located in Hosp Grove, whi are to be subject to mitigation work. This agreement is to provide for the performance this work and to define the rights and obligations of the parties. B. AGREEMENT THEREFORE, it is agreed between the parties as follows: I. In consideration of the fees set forth in Bid Proposal enclosed as exhibit "A', th Contractor will: a. Take responsibility for the performance of all work described in th agreement, specifications, terms and conditions and addendum thereto. Provide all labor, material, equipment and tools necessary for the removal c grass, weeds, brush, certain immature trees, low hanging foliage, refuse an other combustible ground fuels from parcels, owned by the City of Carlsbac Supervise all work on the site at ail times. Comply with all laws, ordinances, rules and regulations of governmen authorities, federal, state and local, including Workers Compensation an( Immigration Reform and Control Act of 1986, pertaining to the performana of the work, including, but not limited to, verifying the eligibility for employmen of all agents, employees, sub-contractors, and consultants that are includec in this agreement. Conduct all action necessary and incidental to the orderly performance of thc work. b. c. d. e. Page 1 of? 1 I94 0 0 2. SCOPE OF WORK The Fire Chief or designee, shall determine the scope pf work to be performed, E shall provide written work instructions to the Contractor prior to each work pha: The Fire Chief or designee and the Contractor shall consult to determine the SCC and/or duration of each phase of work. 3. COMMENCEMENT AND COMPLETION DATES Contractor shall consult with the Fire Chief or designee to determine the dates commencement and completion of all mitigation tasks. No extension of time beyo the time of completion herein mentioned will be granted except by the Fire Chief his designee, unless otherwise directed by the City Council for good cause. 4. SCHEDULE OF WORK Work shall be performed during the period, 7:OO a.m. to 6:OO p.m., Monday throu Friday. The work week shall not exceed five days, and no work shall be done ( Saturdays or Sundays without the express permission of the Fire Chief or design€ All operations schedules will be approved by the Fire Chief or designee. 5. INSPECTION The degree and type of work to be accomplished on the designated parcels shall 1 determined by the Fire Chief or designee. Inspection and acceptance of the work the Fire Chief or designee is required prior to certification for payment. All repoi and work orders must be signed by the inspector and the contractor. 6. PAYMENT AND BILLING a. Thirty (30) calendar days after commencing work and at thirty (30) di intervals thereafter, an invoice in duplicate shall be submitted to the City Carlsbad, showing type of work performed and amount of money claimc under the contract. Upon approval by the Fire Chief or designee, the clai will be processed for payment. The City will retain ten-percent of the amount claimed in each invoice until i work associated with the mitigation program is complete. Contractor shall keep true and accurate accounts, records and data, accordance with generally accepted accounting principles, which sh: Page 2 of 7 It b. c. 0 0 correctly reflect the business transacted by the contractor. All invoices services performed, shall be accompanied by detailed statements support the claim. The detailed statement must provide such reasonable informal as may be required by the City of Carlsbad. Payment will not be made to the contractor for work done beyond the sc( of the abatement task as determined by the Fire Chief or designee Section 2 of this agreement. The contractor may be subject to civil penalties for the filing of false claims set forth in the California False Claims Act, Government Code sectic 12650, et seq., and Carlsbad Municipal Code sections 3.32, 025, et seq /& (Initial) d. e. 7. STORAGE AND SANITARY FACILITIES a. Contractor shall make arrangements for storing hidher equipment at nil and on Saturdays, Sundays or holidays. Equipment shall not be parked stored on private property without the permission of the property owners. All transportation of equipment and personnel to and from the job site st- be arranged by the contractor. The contractor shall be responsible for providing sanitary facilities transportation to such facilities for all of his personnel. Sanitary facilities SI meet state standards and local laws. b. c. 8. TERMINATION OF THE CONTRACT The City reserves the right to terminate the contract at any time due to illegal acts failure on the part of the contractor to perform work for more than two (2) consecuti scheduled working days. Notwithstanding the agreement terms described Paragraph 18, this agreement may be terminated with or without cause by eith party at any time upon thirty (30) days written notice to the other party. 9. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitie penalties, fines, or any damage to goods, properties, or effects of any persc whatever, nor for personal injuries or death caused by, or resulting from, ai intentional or negligent acts, errors or omissions of Contractor or Contractor's ageni Page 3 of 7 1 employees, 0 or representatives. Contractor agrees ? o defend, indemnify, and hc free and harmless the City and its officers and employees against any of t foregoing claims, liabilities, penalties or fines, including liabilities or claims by reas of 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 the foregoins 10. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in the Contractor's o way as an independent contractor and in pursuit of Contractor's independent calli1 and not as an employee of City. Contractor shall be under control of the City only to the result to be accomplished but shall consult with tine City as provided for in t agreement. The Contractor is an independent Contractor of the City. The paym made to the Contractor pursuant to this contract shall be the full and complc compensation to which Contractor is entitled pursuant to this contract. The City st not make any federal or state tax withholdings on behalf of the Contractor. The C shall not be required to pay any workers' compensation insurance on behalf oft Contractor. The Contractor agrees to indemnify the City for any tax and/or retirem( contribution payment which the City may be required to make on behalf Contractor or any employee of Contractor for work done under 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 tt contract by the Contractor, Contractor shall be fully responsible to the City for t acts and omissions of Contractor's subcontractor as Contractor is for the acts a omissions of persons directly employed by Contractor. Nothing contained in tt contract shall create any contractual relationship between any subcontractor Contractor and the City. The Contractor shall bind every subcontractor and evc subcontractor of a subcontractor by the terms of this contract applicable Contractor's work unless specifically noted to the contrary in the subcontract question approved in writing by the City. Page 4 of 7 0 13. PROHIBITED 7 PITEREST No official of the City who is authorized in such capacity on behalf of the City negotiate, make, accept, or approve, or take part in negotiating, making, acceptii or approving of this agreement, shall become directly or indirectly interesi personally in this contract or in any part thereof. No officer or employee of the ( who is authorized in such capacity and on behalf of the City to exercise 2 executive, supervisory, or similar functions in connection with the performance of 1 contract shall become directly or indirectly interested personally in this contract or i part thereof. 14. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the C either before, during or after the execution of this contract, shall affect or modify E of the terms or obligations herein contained nor entitle the Consultant to 3 additional payment whatsoever under the terms of this contract. 15. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 9, "Hold Harmless Agreement," all tern- conditions, and provisions hereof shall insure to and shall bind each of the parti1 hereto, and each of their respective heirs, executors, administrators, successors, ai assigns. 16. ACCEPTANCE OF PUBLIC FACILITIES "AS IS" Contractor acknowledges having examined the types of sites, local conditior affecting the same, to be abated pursuant to this agreement and accepts them 'I: is". No changes in the conditions of the parcels shall be made by contractor witho prior approval of the Fire Chief. 17. CITY PERMITS The Contractor must have a current City business license. Bidders are advised consult the Business License Supervisor in the Finance Department as to the exa cost of such license if not currently licensed. Page 5 of 7 1 I' e e 18. TERM This agreement shall extend for a period of one (I) year. By mutual assent, 1 parties may extend this agreement for one (1) year for a total period of two (2) ye< upon satisfactory performance, and the consideration shall be determined by i methods described in Paragraph 8. 19. DISPUTES At any time during abatement operations, should a controversy arise as to t amount or the scope of work completed, or to be completed by the contractor; t matter and attendant records and reports will be reviewed by the Fire Chief disposition. The Fire Chief's decision shall be final. 20. SAFETY All equipment and machinery utilized by the Contractor while performing work for tl City shall be maintained and operated in conformance with all applicable safety la\ and regulations, including, but not limited to those of CAL-OSHA. 21. INSURANCE The Contractor shall obtain and maintain policies of general liability insurancl automobile liability insurance, and a combined policy of worker's compensation ar employers liability insurance from an insurance company which is admitted ar authorized to do business in the State of California. Insurance, except worker compensation, shall be placed with insurers that have a rating in the most rece Best's Key Rating Guide of at least "A-:V'. Each policy shall provide protection in a amount not less than one million dollars ($l,OOO,OOO), unless a lower amount I approved by the City Attorney or the City Manager. This insurance shall be in forc during the life of this agreement. The City shall be provided written notice ( cancellation of insurance via certified mail, thirty (30) days prior to the effective dat of such cancellation. The City shall be named as an additional insured, on thes policies, with the exception of Workers' Compensation. The Contractor shall furnisi Page 6 of 7 1 IC e 0 Certificates of Insurance with appropriate endorsements for the cancellation z additional insured provisions, to the City before commencement of work. Executed by Contractor this W'' day of APRIL , 1996. CONTRACTOR - fa PArToL- .S&h/CP< (nand of contractor) BY: v CLAUDE LEWIS, Mayor v (sign here) ' &r7- L-A&d/d (print na'me/title Here) ATTEST: BY: (sign here) City Clerk (print name/title here) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president AND secretary or assistant secretary must sign for corporations. If or one officer signs, the corporation must attach a resolution certified by the secretary or assist2 secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney , BY v - vu Page 7 of 7 4 1' State of ChLd L~ county of ‘a- On bf’i e i54L before me, ~a~cpl&c; tJHyrG Ddte Name, ht1c‘- e.g ,John Doe, Notary Pubhc personally appeared F hf&M 1&d) f c11 Personally known to me OR &d Proved to me on the basis of satisfactory evidence to be the personts) whose name(s&is/w subscribed to the within instrument and acknowledgec me that he/she/tby executed the same in his/ha/tbir authorized capacity(i&), and that by t hphlkir signature(@ on the instrument the person@, or the entity upon behalf of which the persor acted, executed the instrument. Name(s) of Signers+) nd official seal. signature of Notary OPTIONAL The data below is not required by law, however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE AUTHORITY OF SIGNER: Q CORPORATE OFFICER(S) DESCRIPTION OF ATTACHED DOCUMENT @NDrvJDuAL hWflT /&g&wdlJ Title(s) TITLE OR ’?‘YPE OF DOCUMENT Cl PARTNER D LIMITED ‘7 D GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT Q TRUSTEE(S) 0 GUARDIAN/ ONSERVATOR DATE OF DOCUMENT 4 &= LLtqc SIGNER(S) OTHER THAN NAMED ABOVE: POTHER: t s L%%? Wm+-+ ed NAME(S) OF PERSON(S) OR ENTITY(IES) SIGNER IS REPRESENTING: WY&,II Ltr y &gk. QfJ-77 &-jm \- \ I J c I