HomeMy WebLinkAbout1996-06-18; City Council; 13696; ANNUAL TREE TRIMMING CONTRACTcID;Y OF CARLSBAD - AGeA BILL ":-:: ...- - -I'
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CITY M DEPT.
CITY A MTG. ,r$hd DEPT. TITLE: ANNUAL TREE TRIMMING CONTRACT
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RECOMMENDED ACTION: Adopt Resolution No. yd-J/&, awarding a contract for tree trimming to HENDE
TREE SERVICE for the period from July 1 , 1996 to'June 30, 1997, with the option tc
for three additional one year periods.
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ITEM EXPLANATION
The City requires contractual tree maintenance to service large specimen trees thrc
the city. In addition, this service will be used to supplement the street tree asse
program during overload work periods. This contract will ensure the street tree pro!
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 I
the 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 3.28.120 of the Municipal
Notice to Bidders was mailed to ten contractors. On May 9, 1996 six response
received, opened, witnessed and recorded. The lowest responsive bidder for the c
was Henderson Tree Service, PO Box 15230 San Diego, CA 92175 at the hourly
$24.00. This represents a 4% decrease from the rate in the current contract.
FISCAL IMPACT
Although the Council has not adopted the 1996-97 operating budget, the tree tr
service will start July 1, 1996. The Tree Maintenance Assessment District has bL
$46,000 for this program in the proposed 1996-97 budget. The tree trimming costs
~ fiscal year 1995-96 will be approximately $45,000.
EXH I B ITS
1. Resolution No. %%'/z
2. Agreement for Tree Trimming
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1 RESOLUTION NO. 96-212
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING THE BID AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
FOR TREE TRIMMING SERVICE.
WHEREAS, Section 3.28.120 of the Carlsbad Municipal Code provides
hat maten'als and services costing over twenty-five thousand dollars must be
btained through formal bidding procedures; and
8 "z /I WHEREAS, bid proposals were submitted by six vendors and were 9
udged against known criteria.
11 IO1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cari
12 //California, as follows:
13 1. That the bid of Henderson Tree Service, PO Box 15230 San Diego, CA !
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2. That an Agreement between the City of Carlsbad and Henderson Tree S 15
is hereby accepted.
for tree trimming service for a period of one year commencing July 1, 1996 through Jur 16
l7 1997, which may be renewed by the City Manager for three (3) additional one (1) year pt
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I 3. That the Mayor of the City of Carlsbad is hereby authorized and direc I' /is hereby approved.
lexecute said Agreement, a copy of which is on file in the Purchasing Departmer 2o
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incorporated herein by reference, for, and on behalf of the City of Carlsbad.
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Carlsbad on the 18th day of JUNE , 1996, by the following vote, to wit:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
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NOES: None 5
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
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I ABSENT: None
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ATTEST:
ALETHA L. MU
(SEAL)
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AGREEMENT
TREE TRIMMING SERVICE
THIS AGREEMENT, made and entered into this 21st day of JUNE , 1996, by anc
between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", anc
HENDERSON TREE SERVICE, hereinafter referred to as "CONTRACTOR".
WHEREAS, the CONTRACTOR has submitted to the CITY a proposal to provide Trec Trimming Service.
WH€,REt4S, it has been determined that it is in the best interests of the CITY to enter intc
the Agreement hereinafter contained.
NOW THEREFORE, in consideration of the mutual promises, conditions, and covenant:
herein contained, the parties hereto agree as follows:
1. Term of Aareement
This Agreement shall be for a period of one (5) year commencing on Juiy 'i, i9SL
and ending June 30, 1997. At the end of the year the CITY has the right to rebid or to renew the agreement for three (3) additional one (1) year periods unless
canceled by either party in writing at least thirty (30) days prior to the annual
renewal date.
2. Compensation
CONTF" shall provide tree trimming service for an hourly rate of $24.00 per man.
3. Escalation Clause
A request for a cost increase must be submitted in writing thirty (30) days prior to
the beginning of each contract year by the CONTRACTOR. Any request for a cost increase will be negotiated and must be evidenced to the satisfaction of the
CITY, and be directly related to and not exceeding the US Bureau of Labor
Statistics consumer Price Index for San Diego County, and in any event may not
exceed the actual increase in CONTRACTORS cost.
4. Dutv of Contractor
a. The CONTRACTOR will be responsibie for traffic control and all clean-up, including disposal of debris and limbs during trimming operations. b. Hourly rate includes equipment and operator. c. Work to be billed for actual time on the job. d. Response time will be within 48 hours.
e. The CONTRACTOR will be responsible for proper and adequate shielding
of his equipment to prevent injury to persons or damage to public or
private property, and will assume all liability should injury to persons or
damage to property occur.
immediate working area will be utilized by the CONTRACTOR at all times. f. All means necessary to barricade and otherwise properly safeguard the
5. Hold Harmless
CONTRACTOR agrees to indemnify, save, and hold harmless the CITY and its
officers, agents, and employees from any and all lawsuits, damages, liability,
claims, or costs of any nature whatsoever, arising out of, or resulting from, either
directly or indirectly, the performance of work pursuant to this agreement, to the
maximum extent allowed by law.
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6. False Claims
The CONTRACTOR may be subject to civil penalties for the filing of false claim as set forth in the California False Claims Act, Government Code sectio et seq., and Carlsbad Municipal Code Section 3.32, 025et seq.
Insurance
The CONTRACTOR shall obtain and maintain policies of general liabilit
insurance, automobile liability insurance and a combined policy of worker‘
compensation and employers liability insurance from an insurance company whict
is admitted and authorized to do business in the State of California. Insurance except worker‘s compensation, shall be placed with insurers that have a rating ir
the most recent Best‘s Key Rating Guide of at least “A-:V. Each policy shal
provide protection in an amount not less than one million dollars ($1,000,000)
unless a lower amount is approved by the City Attorney or City Manager. Thi:
insurance shall be in force during the life of the agreement. The City shall bt
proviaeci writien noiice oi canceiiation of insuramz vis zeZiZe3 xzi! -thirty (SO
days prior to the effective date of such cancellation. The City shall be named a!
an additional insured on these policies, with the exception of Worker‘:
Compensation. The Contractor shall furnish Certificates of Insurance witt
to the City before commencement of work.
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appropriate endorsements for the cancellation and additional insured provisions
8. Business License
CONTRACTOR shall maintain a business license to operate in the City 01
Carlsbad.
9. Cancellation Clause
At any time during the term of this Agreement, either party may cancel this Agreement without cause, with thirty (30) days written notice.
10. Payments
CONTRACTOR shall submit invoices to Finance Department, 1200 Carlsbac
Village Drive, Carlsbad, CA 92008. Payment shall be made in full by City within
thirty (30) days after receipt of invoice.
11. Independent Contractor
It is expressly understood and agreed that the CONTRACTOR herein named is acting as an Independent Contractor and not as an agent, servant, or employee of the CITY.
The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements
including but not limited to verifying the eligibility for employment for all agents,
employees and subcontractors that are included in the Agreement.
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12. Assisnment of Contract
CONTRACTOR may not transfer, assign or subcontract this Agreement withou prior written consent of CITY.
IN WITNESS WHEREOF, the parties hereto have executed the Agreement at Carlsbad California, the day and year first above written.
Execufed by Confracfor this .!3 /
CONTRACTOR:
Henderson Tree Serv' e
(name of tractor)
8y: t\ (sign her )
day of
MafQCcl baJLki /,dd,> ATTEST:
(print name/titIe)
By:
(sign here)
~ ALETHA L. RAUTENKRANZ
(print name/title)
City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations.
only one officer signs, the corporation must attach a resolution certified by the secretary c
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
BY ; Ak/Ydk Cz.puty Citj Atto:r,,?y L-
Comm. #lo70618
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