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Home My WebLink About1993-06-15; City Council; 12258; ANNUAL TREE TRIMMING CONTRACTJ' c bg %E, 2 .. z 0 a =! 0 z 3 0 0 E ClyOF CARLSBAD - AGENaBILL T 2 - '$ DEPT. H AB# Ia,kS8 TITLE: MTG. 6-15-93 ANNUAL TREE TRIMMING CONTRACT CITY AT DEPT. PCH CITY MC RECOMMENDED ACTION: Adopt Resolution No. q3- 1 63 , awarding a contract for tree trimming to HOME! TREE SERVICE for the period from July 1, 1993 to June 30, 1994, with the option to for two additional one year periods. ITEM EXPLANATION The City requires contractual tree maintenance to service large specimen trees throi the city. In addition, this service will be used to supplement the street tree assei program during overload work periods. This contract will ensure the street tree pros performed at the preventative maintenance level. Also, trees located at public faciliti will be serviced by the contractor if deemed necessary. The Parks Superintendent will schedule the maintenance and the Park's staff will mon contractor for compliance of the agreement. Specifications for the tree trimming service were developed by the staff of the Par Purchasing Departments. In accordance with Section 3.28.1 20 of the Municipal Code, to Bidders was mailed to twelve contractors. On April 29, 1993, eight response received, opened, witnessed and recorded. The lowest responsive bidder for the c was Homestead Tree Service, 51 73 Waring Road #I 06, San Diego CA 921 20 at the rate of $27.50. FISCAL IMPACT Although the Council has not adopted the 1993-94 operating budget, the tree tr service will start July 1, 1993. The Tree Maintenance Assessment District has bu $45,000 for this program in the proposed 1993-94 budget. The tree trimming costs fiscal year 1992-93 by the present contractor will be approximately $30,000. EXHIBITS 1. 2. 3. Tabulation of Bids - Exhibit "AI Tree Trimming Agreement - Exhibit "B" Resolution No. 93- 163 n c a ' EXHIBIT "A" ., .\ I( TABULATION. OF BIDS TREE TRIMMING CONTRACT OPENING APRIL 29, 199: 11:OO AM BID #14 Shaded cell is the lowest, most responsive bid *The average hourly rate is determined by adding the cost/hour figures for the 1-4 man crews and dividing b 10 (the total number of men in the 4 crews). l. EXJ3IBI-r ' 0 0 *' AGREEMENT TREE TRIMMING SERVICE THIS AGREEMENT, made and entered into this 18th day of JUNE , 1993, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to "City", and HOMESTEAD TREE SERVICE, hereinafter referred to as "CONTRACTOR". WHEREAS, the CONTRACTOR has submitted to the CITY a proposal to provide Tr Trimming Service. WHEREAS, it has been determined that it is in the best interests of the CITY to ent into the Agreement hereinafter contained. NOW THEREFORE, in consideration of the mutual promises, conditions, ai covenants herein contained, the parties hereto agree as follows: 1. Term of Agreement This Agreement shall be for a period of one (1) year commencing on July 1993 and ending June 30, 1994. At the end of the year the CITY has tl right to rebid or to renew the agreement for two (2) additional one (1) ye (1) year periods unless canceled by either party in writing at least thirty (31 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) da; prior to the beginning of each contract year by the CONTRACTOR. Ar request for a cost increase will be negotiated and must be evidenced to tl satisfaction of the CITY, and be directly related to and not exceeding the U Bureau of Labor Statistics consumer Price Index for San Diego County, ar in any event may not exceed the actual increase in CONTRACTORS cost. 4. Dum of Contractor a. The CONTRACTOR wili be responsible for all clean-up, includin disposal of debris and limbs and traffic control, during trimmin operations. Bids are to be made on an hourly basis and are to include equipmer and operator. b. 1 0 0 bb .* c. d. e. Work to be billed for actual time on the job. Response time within 48 hours. The CONTRACTOR will be responsible for proper and adequa shielding of his equipment to prevent injury to persons or damage public or private property, and will assume all liability should inju to persons or damage to property occur. All means necessary to barricade and otherwise properly safeguard tl immediate working area will be utilized by the CONTRACTOR at i times. All equipment to be used by CONTRACTOR must be properly guardc and shielded to protect operator and public. f. g. 5. Hold Harmless CONTRACTOR agrees to indemnify, save, and hold harmless the CITY ar its officers, agents, and employees from any and all lawsuits, damage liability, claims, or costs of any nature whatsoever, arising out of, ( resulting from, either directly or indirectly, the perfomance of work pursua1 to this agreement, to the maximum extent allowed by law. 6. Insurance CONTRACTOR shall maintain Workers’ Compensation Insurance, Liabilil Insurance for insurance against injuries including accidental death, to ar one (1) person in an amount no less than One Million Dollars ($1,000,00( naming the CITY as Additional Insured. 7. Business License CONTRACTOR shall maintain a business license to operate in the City ( Carlsbad. 8. Cancellation Clause At any time during the term of this Agreement, either party may cancel thj Agreement without cause, with thirty (30) days written notice. 2 e '0 ,$ .. 9. Payments CONTRACTOR shall submit invoices to Finance Department, 1200 Carlsb; Village Drive, Carlsbad, CA 92008. Payment shall be made in N1 by CI? within thirty (30) days after receipt of invoice. 10. Independent Contractor It is expressly understood and agreed that the CONTRACTOR herein namt 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 Immigratic Reform and Control Act of 1986 and shall comply with those requiremen including but not limited to verifying the eligibility for employment for i agents, employees imd subcontractors that are included in the Agreement 11. Assiment of Contract CONTRACTOR may not transfer, assign, or subcontract this Agreemei without prior written consent of CITY. IN WITNESS WHEREOF, the parties hereto have executed the Agreement i Carlsbad, California, the day and year first above written. City of Carlsbad, California A Municipal Corporation c Wd?izfd&47 CONTRACTOR I HOMESTEAD TREE SERVICE Att st: Aletha L. Rautenkranz, City Clerp APPROVED AS TO FORM: RONALDR.BALLX,/(:,?3, LeL: 3 3 s &* .* .. 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e RESOLUTION NO. 93-163 e 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 Ci California, as follows: 1. That the bid of Homestead Tree Service, 51 73 Waring Road, #106, San Dit 92120 is hereby accepted. 2. That an Agreement between the City of Carlsbad and Homestead Tree Se tree trimming service for a period of one year commencing July 1, 1993 through June 3 with the option to renew for two additional one year periods at an increase not to excee the price in effect at the end of the initial contract period is attached and made a part her is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and din 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 NOES: None ABSENT: None ATTEST: ALgHCW (SEAL) e 0 WBJT " e. f. A, AGREEMENT TREE TRIMMING SERVICE THIS AGREEMENT, made and entered into this 18th day of JUNE , 1993, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to "City", and HOMESTEAD TREE SERVICE, hereinafter referred to as "CONTRACTOR". WHEREAS, the CONTRACTOR has submitted to the CITY a proposal to provide Tr Trimming Service. WHEREAS, it has been determined that it is in the best interests of the CITY to ent into the Agreement hereinafter contained. NOW THEREFORE, in consideration of the mutual promises, conditions, ai covenants herein contained, the parties hereto agree as follows: 1. Term of Anreement This Agreement shall be for a period of one (1) year commencing on July 1993 and ending June 30, 1994. At the end of the year the CITY has t: right to rebid or to renew the agreement for two (2) additional one (1) ye (1) year periods unless canceled by either party in writing at least thirty (3 days prior to the annual renewal date. 2. Compensation CONTRACTOR shall provide tree trimming service for an hourly rate $27.50 per man. 3. Escalation Clause A request for a cost increase must be submitted in writing thirty (30) da prior to the beginning of each contract year by the CONTRACTOR. A request for a cost increase will be negotiated and must be evidenced to t: satisfaction of the CITY, and be directly related to and not exceeding the I Bureau of Labor Statistics consumer Price Index for San Diego County, ai in any event may not exceed the actual increase in CONTRACTORS cost. 4. Duty of Contractor a. The CONTRACTOR wil; be responsible for all clean-up, includii disposal of debris and limbs and traffic control, during trimmii operations. Bids are to be made on an hourly basis and are to include equipme and operator. b. 1 0 0 I, c. d. e. Work to be billed for actual time on the job. Response time within 48 hours. The CONTRACTOR will be responsible for proper and adequa shielding of his equipment to prevent injury to persons or damage public or private propertyy and will assume all liability should inju to persons or damage to property occur. All means necessary to barricade and otherwise properly safeguard tl immediate working area will be utilized by the CONTRACTOR at i times. All equipment to be used by CONTRACTOR must be properly guard1 and shielded to protect operator and public. f. g. 5. Hold Harmless CONTRACTOR agrees to indemnify, save, and hold harmless the CITY a its officers, agents, and employees from any and all lawsuits, damagt liability, claims, or costs of any nature whatsoever, arising out of, resulting from, either directly or indirectly, the performance of work pursua to this agreement, to the maximum extent allowed by law. 6. Insurance CONTRACTOR shall maintain Workers’ Compensation Insurance, Liabil! Insurance for insurance against injuries including accidental death, to a one (1) person in an amount no less than One Million Dollars ($l,OOOyOO naming the CITY as Additional Insured. 7. Business License CONTRACTOR shall maintain a business license to operate in the City Carlsbad. 8. Cancellation Clause At any time during the te,,n of this Agreement, either party may cancel t: Agreement without cause, with thirty (30) days written notice. 2 * 0 9 ** t 9. Pavments CONTRACTOR shall submit invoices to Finance Department, 1200 Carlsb: Village Drive, Carlsbad, CA 92008. Payment shall be made in full by CI? within thirty (30) days after receipt of invoice. 10. Independent Contractor It is expressly understood and agreed that the CONTRACTOR herein namz 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 Immigratic Reform and Control Act of 1986 and shall comply with those requiremen including but not limited to verifymg the eligibility for employment for i agents, employees imd subcontractors that are included in the Agreemen1 11. Assiment of Contract CONTRACTOR may not transfer, assign, or subcontract this Agreeme without prior written consent of CITY. IN WITNESS WHEREOF, the parties hereto have executed the Agreement Carlsbad, California, the day and year first above written. City of Carlsbad, California A Municipal Corporation - wdey CONTRACTOR i HOMESTEAD TREE SERVICE Art ?st: Aletha L. Rautenkranz, City Clerk APPROVED AS TO FORM: Lek. RONALDR. BALLX,/(=.().), 3