HomeMy WebLinkAbout1996-04-16; City Council; 13608; AWARD OF CONTRACT FOR THE HOSP GROVE FIRE HAZARD MITIGATION PROJECTa
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CITY A AWARD OF CONTRACT FOR THE HOSP MTG.YVC~--%
DEPT. TITLE:
DEPT. PCH CITY M GROVE FIRE HAZARD MITIGATION PROJECT
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RECOMMENDED ACTION:
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Staff recommends Council adopt Resolution No. 9 G? - i3.3 awarding a contract 1 elcmtian afthe Clasp Grave Lire Uazard Mitigation PrBjBct ta Inqald Tradar Service.
ITEM EXPLANATION
On February 21 , 1995, Council accepted the Fire Department hazard mitigation plan for
Grove. The plan calls for removal of weeds, brush, litter, immature trees and other g
fuels that threaten the grove canopy and surrounding development. On January 23,
Council accepted a hazard mitigation grant in the amount of $1 32,750, appropriated $1 7
from the City Council Contingency Fund, and directed Staff to initiate the contractor set
process for this project.
In accordance with Section 3.28.120 of the municipal code, notice to bidders was pub
and requests for bids were mailed to 34 contractors using specifications developed by th
Department. Five responses were received, opened and recorded on February 27,199E
contractor who submitted the lowest responsive bid was lngold Tractor Service, 413!
Drive Carlsbad CA 92008. East Bros. Grove Service, whose bid was the lowest, was un
to obtain the required insurance. After an inspection of their facilities and equipment
Fire Department, lngold Tractor Service has been determined to be responsiv
responsible. Bid results are summarized below:
East Bros. Grove Service ............ $61,500.00*
lngold Tractor Service .............. $85,979.20
ABC Services ..................... $92,550.00
New Way Professional Landscape .... $1 31,550.00
L. Williams Landscape ............. $402,545.00 * Unwilling to provide required insurance.
ENVIRONMENTAL IMPACT:
As discussed in the agenda bill submitted to Council on January 23, 1996, the PI:
Director has determined that the project is categorically exempt from the requirem
prepare an environmental document pursuant to Section 15304 (state CEQA Guidelit
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FISCAL IMPACT
The cost of this project was estimated at $177,000. This sum was appropriated fro1
Council Contingency Fund by the Council on January 23, 1996. The City has been aw,
a grant from the Federal Emergency Management Administration and the Governor's i
of Emergency Service which will permit the City to recover seventy-five percent of the c
the project. Cash contributions from the contingency fund will be minimized, when PO:
through the use of unspent cash from weed abatement accounts and the use of City pers
and equipment. The maximum cash obligation of the City toward the project will be $44
EXHIBITS
Resolution No. 9 6 " 13 3
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RESOLUTION NO. 9 6 - 13 3
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 February21, 1995, the City Council approved a plan to mitigate
hazard in Hosp Grove; and
WHEREAS, on January 23,1996 the City Council appropriated necessary funds
project, and also accepted a grant to defray the cost; and
WHEREAS, the Council approved action of selecting a contractor to perform tt-
has been completed.
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 Carlsb
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
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
(SEAL)
0 0 AGREEMENT
THIS AGREEMENTl made and entered into as of the 24th day of APRIL , 199
by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", ar
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 ci
finds that it is in the public interest to abate those conditions, namely, grass, weeds, brusl
certain immature trees, low hanging foliage, refuse and other combustible material that CE
be categorized as "ground" fuels. Abatement of these hazards will be accomplished t
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, whic
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:
1. 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 thi
agreement, specifications, terms and conditions and addendum thereto.
b. Provide all labor, material, equipment and tools necessary for the removal c
grass, weeds, brush, certain immature trees, low hanging foliage, refuse an1
other combustible ground fuels from parcels, owned by the City of Carlsbac
c. Supervise all work on the site at all times.
d. Comply with all laws, ordinances, rules and regulations of governmer
authorities, federal, state and local, including Workers Compensation an;
Immigration Reform and Control Act of 1986, pertaining to the performanc
of the work, including, but not limited to, verifying the eligibility for employmen
of all agents, employees, sub-contractors, and consultants that are include(
in this agreement.
e. Conduct all action necessary and incidental to the orderly performance of th(
work.
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2. SCOPE OF WORK
The Fire Chief or designee, shall determine the scope of work to be performed, a1
shall provide written work instructions to the Contractor prior to each work phasl
The Fire Chief or designee and the Contractor shall consult to determine the scol
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 beyor
the time of completion herein mentioned will be granted except by the Fir9 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 c
Saturdays or Sundays without the express permission of the Fire Chief or designe
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 t
determined by the Fire Chief or designee. Inspection and acceptance of the work t
the Fire Chief or designee is required prior to certification for payment. All repor
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) d:
intervals thereafter, an invoice in duplicate shall be submitted to the City I
Carlsbad, showing type of work performed and amount of money claime
under the contract. Upon approval by the Fire Chief or designee, the clail
will be processed for payment.
b. The City will retain ten-percent of the amount claimed in each invoice until z
work associated with the mitigation program is complete.
c. Contractor shall keep true and accurate accounts, records and data, i
accordance with generally accepted accounting principles, which sh2
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correctly reflect the business transacted by the contractor. All invoices 1
services performed, shall be accompanied by detailed statements supportil
the claim. The detailed statement must provide such reasonable informati1
as may be required by the City of Carlsbad.
d. Payment will not be made to the contractor for work done beyond the sco
of the abatement task as determined by the Fire Chief or designee p
Section 2 of this agreement,
e. The contractor may be subject to civil penalties for the filing of false claims :
set forth in the California False Claims Act, Government Code sectior
12650, et seq., and Carlsbad Municipal Code sections 3.32, 025, et seq. /d (Initial)
7. STORAGE AND SANITARY FACILITIES
a. Contractor shall make arrangements for storing his/her equipment at nig
and on Saturdays, Sundays or holidays. Equipment shall not be parked I
stored on private property without the permission of the property owners.
b. All transportation of equipment and personnel to and from the job site sh:
be arranged by the contractor.
c. The contractor shall be responsible for providing sanitary facilities I
transportation to such facilities for all of his personnel. Sanitary facilities sh;
meet state standards and local laws.
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) consecutiv
scheduled working days. Notwithstanding the agreement terms described i
Paragraph 18, this agreement may be terminated with or without cause by eithc
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, liabilities
penalties, fines, or any damage to goods, properties, or effects of any persol
whatever, nor for personal injuries or death caused by, or resulting from, an
intentional or negligent acts, errors or omissions of Contractor or Contractor's agent:
Page 3 of 7 1 /E
employees, 0 or representatives. Contractor agrees 0 to defend, indemnify, and ho
free and harmless the City and its officers and employees against any of tt
foregoing claims, liabilities, penalties or fines, including liabilities or claims by reasc
of alleged defects in any plans and specifications, and any cost, expense I
attorney's fees which are incurred by the City on account of any of the foregoing.
IO. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in the Contractor's ov
way as an independent contractor and in pursuit of Contractor's independent callin
and not as an employee of City. Contractor shall be under control of the City only i
to the result to be accomplished but shall consult with the City as provided for in tt
agreement. The Contractor is an independent Contractor of the City. The payme
made to the Contractor pursuant to this contract shall be the full and comple
compensation to which Contractor is entitled pursuant to this contract. The City sh,
not make any federal or state tax withholdings on behalf of the Contractor. The Cl
shall not be required to pay any workers' compensation insurance on behalf of tt
Contractor. The Contractor agrees to indemnify the City for any tax and/or retireme
contribution payment which the City may be required to make on behalf
Contractor or any employee of Contractor for work done under this agreement.
1 I. 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 th
contract by the Contractor, Contractor shall be fully responsible to the City for tt
acts and omissions of Contractor's subcontractor as Contractor is for the acts ar
omissions of persons directly employed by Contractor. Nothing contained in th
contract shall create any contractual relationship between any subcontractor
Contractor and the City. The Contractor shall bind every subcontractor and eve
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.
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13. PROHIBITED a II TEREST m
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, acceptin
or approving of this agreement, shall become directly or indirectly interest€
personally in this contract or in any part thereof. No offcer or employee of the Ci
who is authorized in such capacity and on behalf of the City to exercise ar
executive, supervisory, or similar functions in connection with the performance of th
contract shall become directly or indirectly interested personally in this contract or ar
part thereof.
14. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the Cit
either before, during or after the execution of this contract, shall affect or modify an
of the terms or obligations herein contained nor entitle the Consultant to an
additional payment whatsoever under the terms of this contract,
15. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 9, "Hold Harmless Agreement," all term:
conditions, and provisions hereof shall insure to and shall bind each of the partie:
hereto, and each of their respective heirs, executors, administrators, successors, an(
assigns.
16. ACCEPTANCE OF PUBLIC FACILITIES "AS IS"
Contractor acknowledges having examined the types of sites, local condition!
affecting the same, to be abated pursuant to this agreement and accepts them "a!
is". No changes in the conditions of the parcels shall be made by contractor withoui
prior approval of the Fire Chief.
17. CITY PERMITS
The Contractor must have a current City business license. Bidders are advised tc
consult the Business License Supervisor in the Finance Department as to the exac
cost of such license if not currently licensed.
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18. TERM
This agreement shall extend for a period of one (I) year. By mutual assent, tl
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 t
methods described in Paragraph 8.
19. DISPUTES
At any time during abatement operations, should a controversy arise as to tl
amount or the scope of work completed, or to be completed by the contractor; tl
matter and attendant records and reports will be reviewed by the Fire Chief 1
disposition. The Fire Chief's decision shall be final.
20. SAFETY
All equipment and machinery utilized by the Contractor while performing work for tt
City shall be maintained and operated in conformance with all applicable safety lav
and regulations, including, but not limited to those of GAL-OSHA.
21. INSURANCE
The Contractor shall obtain and maintain policies of general liability insuranc
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 recel
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
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 I
cancellation of insurance via certified mail, thirty (30) days prior to the effective dai
of such cancellation. The City shall be named as an additional insured, on thes
policies, with the exception of Workers' Compensation. The Contractor shall furnis
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Certificates of Insurance with appropriate endorsements for the cancellation a
additional insured provisions, to the City before commencement of work.
Executed by Contractor this W‘‘ day of fiml L ,1996.
CONTRACTOR
- f2f 7;5A@w- S@&/CP,
(nad of contractor)
BY: B CLAUDE LEWIS, Mayor (sign here)
Bf7 Tdquh$
(print na’meltitle Here) ATTEST:
A
BY:
(sign here)
City Clerk
(print nameltitle 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 on11 one officer signs, the corporation must attach a resolution certified by the secretary or assistan;
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY .&%e Mobaldi ” - ”I
i6eputy City Attorney
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k, CALFOI!! ALL-PURPOSE CERTIFICATE OF AC!!!OLEDG~~
State of Chhd ih
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On kc" e I ci(irL before me, .D.hpt&s +f? PL Ddte Name, title" e.g., John Doe, Notary Public
personally appeared ,% E+f&q Id- 4-
c1 Personally known to me OR
Name($ of Signers(s)
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to be the person($) whose name(s&is/w subscribed to the within instrument and acknowledged
me that he/sk/tky executed the same in hishddtheir authorized capacity(i&), and that by h
lqdtlieir signature(@ on the instrument the personw, or the entity upon behalf of which the person
acted, executed the instrument.
nd official seal.
Signature of Notary
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The data below is not required by law, however it may prove valmble to persons
relying on the document and could preventfiaudulent reattachment of this form.
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SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT $( INDIVIDUAL
0 CORPORATE OFFICER(S)
Title(s) I
0 PARTNER TITLE OR +YPE OF DOCUMENT
CI LIMITED
Cl GENERAL
CI ATI-ORNEY -IN-FACT
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NUMBER OF PAGES
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0 GUARDIAN/ ONSERVATOR $ DATE OF DOCUMENT
POTHER: i LG+ eW~4- &'w . SIGNER(S) OTHER THAN NAMED ABOVE: ti NAME($ OF PERSON(S) OR hT"(IES) SIGNER IS REPRESENTING: wyllL itr y &tr;;-tC, p7.77 r;lyyW 1- \ 8 I I I li I