Loading...
HomeMy WebLinkAboutIngold Tractor Service; 2009-05-11;AGREEMENT FOR WEED AND RUBBISH ABATEMENT SERVICES INGOLD TRACTOR SERVICE /THIS AGREEMENT is made and entered into as of the I \\> day of ^A AJUft- , 20 0*1. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Ingold Tractor Service, a Sole Proprietorship ("Contractor"). RECITALS A. City requires the services of a business that is experienced in conducting Vegetation Management for the purpose of hazard reduction. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and 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 City 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, 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) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof in an amount not to exceed Forty Two Thousand Seven Hundred Seventy-Four dollars ($42,774.00) per Agreement year. 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. 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term will be Eighty-Five Thousand Five Hundred Forty Eight dollars ($85,548.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. 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. 7. SUBCONTRACTING 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. The name and place of business of each subcontractor who will perform work or labor or render service to the Contractor in performing this Agreement are contained in Exhibit "C", which is attached hereto and incorporated herein as though fully set forth at length. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, 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. 10. 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-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability that is 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 (5) years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, which will be written as claims-made coverage. 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. 12. 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, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS 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. 14. NOTICES The name of the person who is authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name: Kevin Crawford Name; Hubert Inqold Title: Fire Chief Title: Sole Proprietor Department: Fire Department Address: 4135 Park Dr. City of Carlsbad Carlsbad. CA 92008 Address: 2560 Orion Way Phone No: (760)519-5876 Carlsbad. CA 92008 Phone No: (760) 931-2141 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. 15. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 16. 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. 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 that the services required by this Agreement. 17. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 18. 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. 19. 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, 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 will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event 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 termination date; however, the total will not exceed the actual work completed under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 20. 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 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. 21. 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. 22. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the 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. 23. 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. 24. 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. 25. 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. CONTRACTOR *By: CITY OF CARLSBAD, a municipal corporation of tlfe State of palif6%Via ,,/, (sign here) Hubert "By: (print name/title) (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a 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 officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD_R_BALL, City Attorney QeptrtyTAssistant City Attorney EXHIBIT "A" SCOPE OF SERVICES Description of the Weed Abatement Program 1. For purposes of fire safety, a Weed Abatement Program has been established by the City of Carlsbad to facilitate removal of nuisances in the form of dry weeds and rubbish from vacant parcels throughout the city. 2. Under the Authority of the California Government Code and through resolution by the City Council of the City of Carlsbad, the Fire Chief has been named to enforce the laws and to be responsible for administering the weed Abatement Program, and is also given the authority to designate assistants to aid in the administration of the program. 3. The removal of fire hazards or fire nuisances as described in the Government Code will be accomplished by mowing, removal by hand labor, hauling, by any combination of the aforementioned operations or any other approved method that is included within the scope of the contract and approved by the Fie Chief. 4. The Weed Abatement Program includes the maintenance of approximately 70 acres of the City owned property referred to as Hosp Woods. Maintenance may include the removal or modification of ground fuels such as grass, weeds, brush, trees less than three inches in diameter, fallen branches, tree foliage within six feet of the ground. 5. The private property abatement program will commence no later than May 1, 2009, and shall terminate on Aug 31, 2009. The abatement/maintenance program on City lots may be directed anytime during the duration of the contract. Administration of the Program 1. Under the direction of the Fire Chief, the Fire Marshal will administer the Weed Abatement Program. 2. The Fire Marshal and a Weed Abatement Inspector will organize the program and approve the cleaning operations. Program Specifications 1. General a. The method and amount of abatement must be authorized by the inspector prior to commencement of work on a parcel. Abatement work on each parcel shall be considered complete when the inspector determines that work performed conforms to specifications contained herein and any special instructions provided to the contractor prior to commencement of work. b. All special cleaning instructions pertaining to a specific parcel shall be provided by the inspector, to the contractor, in writing prior to commencement of work. c. The inspector shall provide written approval of work upon completion. d. All manpower will be furnished by the contractor. Each worker shall be in good health, properly attired and equipped with appropriate protective devices and tools. e. Supervision of hand crews shall be furnished by the contractor at his own expense. All supervisors shall be experienced and must be able to speak and understand English. f. The size and crew assigned to perform work on a specific parcel is subject to approval by the inspector. g. It shall be the responsibility of the contractor to keep an accurate accounting of the names, dates, locations, duration and type of labor performed by workers under his employ. h. The 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, i. Hourly rates shall be calculated to the nearest minute and rounded up or down to the nearest % hour (15 minute increments), j. Wherever practical and unless otherwise specified, mowing is to be considered the primary method of abating weeds. The inspector may require alternative abatement methods, k. The contractor is responsible for the policing of and removal of litter left by workers at the site. I. An on-site supervisor shall be able to identify and locate parcels by using Assessor's parcel numbers and be familiar with the City of Carlsbad maps, m. Contractor shall have knowledge of native vegetation and modifying techniques, i.e. skirting, topping, thinning, etc. n. Disposition of cut or trimmed material shall be approved for each site prior to removal or mulching/chipping. 2. Mowing a. Mowing is the preferred method of abatement. Vegetation shall be cut to a height of not more than 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, an approved Class "A" fire extinguisher and a shovel. 3. Hand Labor a. Whenever it is impractical by reason of topography, nature of soil, location of trees, shrubbery, buildings, fences, or type of vegetation cover to use a tractor mower, the Fire Department may require removal or thinning of material by means of hand tools. The amount of hand labor to be performed upon any parcel shall be specified by the inspector prior to the commencement of work. b. The contractor shall furnish all hand tools, power equipment and safety equipment needed to accomplish the specified work in the most expeditious manner. c. Suitable truck(s), with high sides for hauling, shall be provided, operated and maintained at the expense of the contractor. d. The material cut by hand labor shall be disposed of by mulching, chipping or removal to the nearest landfill. e. Charges for the removal of cut material from any parcel may be computed on a per hour basis or per ton basis as specified in the bid proposal. 4. Rubbish Removal a. When rubbish, trimmings, or other combustible materials present upon a parcel constitute a fire hazard or nuisance, the inspector may order the contractor to abate the hazard by removing the material to the nearest landfill. b. The inspector shall estimate to the nearest % ton, the amount of rubbish removed from each parcel. The contractor shall submit a billing for each parcel indicating that amount, and the charge, based upon the "Flat rate per ton." 5. 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 type and/or a Brush Hog type mower, an equivalent attachment type may be used if the results are the same. All tractors shall be equipped with an approved exhaust spark-arrestor, an approved Class "A" fire extinguisher and a shovel. b. All tractors and equipment shall be operated by qualified cooperative and experienced operators and shall be maintained by the contractor at his own expense and on his own time. c. The truck (transport) for hauling the tractor shall meet all vehicle code requirements and shall be capable of safety negotiating all roads to and from job sites. d. When necessary, in the opinion of the inspector, the contractor shall provide flagmen for safe loading and unloading of equipment, at no expense to the city. e. A minimum of two line trimmers and two chain saws shall be available and operational for use gasoline powered and of heavy-duty construction. All guards and other safety features shall be in place and operating in accordance with the manufacturer's instructions. f. Operations may be suspended at any time by the inspector should it be determined that the contractor fails to conform to the conditions of this section. g. Contractor shall have equipment to be able to reduce on-site materials less than 4 inches to mulch or chips. h. All operators shall be experienced and fully qualified in operating equipment assigned to them in uneven terrain and in adverse conditions. 6. Payment Schedule and Invoices. a. Invoices will be prepared by the contractor and submitted, only after the work location is inspected by the appropriate Fire Prevention Officer. b. All invoices will include the parcel APN, and exact charges by category as provided by the Fire Prevention Officer. c. Invoices may be presented for payment bi-weekly. d. Invoices for properties under abatement order will be presented on a single invoice. Perspective CONTRACTORS may attend a meeting with City staff at the City of Carlsbad> Faraday Building, 1635 Faraday Avenue, Carlsbad, California 92008, on: Project Kick-Off Meeting March 16, 2009, at 9:30 am. Conference Room 126 Response to RFP due March 31 , 2009 RFP Review & Consultant Selection April 2, 2009 City Council Approval (if necessary) April 21 , 2009 Contractor Start Work Date May 1 , 2009 Schedule "A" Annual Total amount of Bid: $ V 3. 7 Price(s) given above are firm for 90 calendar days after PROPOSAL due date. Addendum(a) No(s). _ has/have been received and is/are included in this PROPOSAL. (Remainder of Page Intentionally Left Blank) 10 BID ITEM SCHEDULE "A" (Review attached information before completing) The CONTRACTOR shall carefully examine these and attached specifications. It is agreed that submission of a proposal shall be considered "conclusive" evidence that the CONTRACTOR has made such examination. Mowing "A" Parcel 0-7500Sqft "B"Parcel 7500-1 SOOOSqft "C" Parcel 15000-30000 "D" Parcel 30000-43000Sqft "E" Parcel Per Acre Estimated Quantities 4 parcels 3 parcels 7 parcels 2 parcels 1 74.5 acres Rate Per Parcel or Acre $ VJT. oo * SO-GO $ <£ <£>.- &£> $ &S- 00 * £?O-oe> Sub Total Total Cost $ L&O^ac? $ j^O-OO $ <~/£O-£X? $ /3£?,^>0 $ /£?, £-&^~20 $ //, "^^7 - %o Other Tasks MULCHING (with tractor p/hr) CHIPPING (inc. spreading) HAND LABOR (inc. removal of cut material) HAND LABOR (inc. removal of cut material) TRACTOR MOWING (Hourly) Estimated Quantities 25hrs 45cu.yd 352 hrs 614,016sqft 32 hrs Unit Cost $ </6> - °o $ /O~oo $ <2 ^^.oc> (Per man, per hour, hourly rate) $ .^a^ (Per square foot) $ tjO-OO Sub Total Total Cost $ I'^SO- o& $ <j£0-oo $ ?SO(-/~£>& $ /T, /^-9ir $ <?&£> ~oo $ 5^.5^.v^r 11 RUBBISH HAULING Clean Green Material General Refuse Estimated Quantities 250 50 Cost per Yard $ S"'°° $ /g~~oo Sub Total Total Cost $ /ZS-O-oa $ "?s-0-0& $ SLooo-co GRAND TOTAL BASED ON ABOVE ESTIMATES $??<-/- 3 A" The estimated quantities of work indicated in this bid are approximate only, being projected solely as a basis for comparison of bids. The city does not expressly nor by implication agree that the actual amount of work required will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work, or to omit portions of the work as may be deemed prudent by the Fire Chief. (Remainder of Page Intentionally Left Blank) 12