Loading...
HomeMy WebLinkAbout1998-04-21; City Council; 14646; Weed Abatement ServicesCIT” OF CARLSBAD - AGENM BILL AWARD OF CONTRACT FOR WEED ABATEMENT SERVICES RECOMMENDED ACTION: Adopt Resolution No. 98-120 , awarding a contract to lngold Tractor Service for weed and rubbish abatement services for the period of May 1, 1998 to April 30, 1999, with the option to renew for three additional one (1) year periods. ITEM EXPLANATION: The City’s Weed Abatement Program is administered by the Fire Department. Annually, all property in the City is inspected and property owners with hazardous overgrowth of weeds or accumulation of trash and debris are notified to clear their lots. If the lots are not cleaned, the Fire Department orders the property to be cleaned by the abatement contractor and the property owner is billed for the costs involved. The contractor is also used to clear weeds and rubbish from City owned property as needed. Specifications for the Weed and Rubbish Abatement Program were developed by the staff of the Carlsbad Fire Department. In accordance with Section 3.38.120 of the Municipal Code, Notice to Bidders was mailed to sixteen contractors. Three responses were received and opened on April 2, 1998. The lowest, responsive bid was submitted by lngold Tractor Service, 4135 Park Drive, Carlsbad CA 92008. The City Weed Abatement Officer has recommended award to this contractor. Bid results are based on submitted unit prices from contractors and the estimated amount of work in the upcoming year. Totals are listed below: lngold Tractor Service R. Roy Enterprises Bourgeois, Inc. FISCAL IMPACT: $30,534.50 $31,086.50 $38,758.75 The Weed Abatement Program is funded by the Fire Department operating budget. However, the funds for all work, except on City owned property, will be recovered through property tax assessments. . . EXHIBITS: 1. Resolution No. 98-120 1 e a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR WEED AND RUBBISH ABATEMENT. WHEREAS, the City of Carlsbad requires the services of a weed and rubbish abatement contractor; and, WHEREAS, proper bidding procedures have resulted in the receipt of bids from qualified contractors; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The bid of lngold Tractor Service is hereby accepted and the Purchasing Officer is hereby authorized to execute a purchase order for the acquisition of weed and rubbish abatement services for the period of May 1, 1998 through April 30, 1999, which may be renewed by the City Manager for an additional three one (1) year periods. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to 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 the City of Carlsbad held on the 21 day of April , 1998, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Nygaard & Finnila NOES: None ABSENT: None ATTEST: HAmENKfiNZ, City Clerk KAREN R. KUNDTZ, Z&!istant City Clerk AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into as of the Al day of &lrL , 19 9 8, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and HUBERT H. INGOLD, DBA: INGOLD TRACTOR SERVICE, hereinafter referred to as “Contractor.” RECITALS City requires the services of a weed and rubbish abatement Contractor to provide necessary services; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS A. Take responsibility for the performance of all work described in this agreement, bid number 20 opened April 2, 1998, specifications, terms and conditions and addendum thereto. 6. Provide all labor, material, equipment and tools for the removal of weeds, debris, and plant growth from parcels, lots in the incorporated areas of the City of Carlsbad, and supervise the performance of the work. rev. 1 /I 5/98 1 C. Furnish a qualified supervisor and make every effort to keep him on the job at all times. D. Comply with all laws, ordinances, rules and regulations of government authorities, federal, state and local, including Workers Compensation and Immigration Reform and Contract Act of 1986, pertaining to the performance of the work. E. Perform all work necessary and incidental to the orderly performance of the work. F. Contractor shall commence work on privately owned parcels no later than May 15, 1998 and complete work by July 15, 1998. Time shall be deemed of the essence regarding this contract. No extension of time beyond the time of completion herein mentioned will be granted except by the Fire Chief or his designee, (unless otherwise directed by the City Council) for good cause. Contractor shall commence work on City owned property as directed by the Fire Chief. G. Work hours shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday. The work week will not exceed five days per week and no work shall be done on Saturdays or Sundays without the expressed permission of the Fire Chief or his designee. All scheduling of cleaning operations will be determined by the Fire Chief or his designee. H. Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by the contractor in accordance with generally accepted accounting principles. All invoices billing for services performed, shall be accompanied by detailed statements supporting the rev. 1 /I 5/98 2 charges. The detailed statement must provide such reasonable information as may be required by the City of Carlsbad. I. Contractor will not invoice for and the City will not pay for work done that was not authorized by the Fire Chief or his designee. J. Contractor shall make arrangements for storing his equipment at night and on Saturdays, Sundays or holidays. Equipment shall not be parked or stored on private property without the permission of the property owners. K. All transportation of equipment and personnel to and from the job site shall be arranged by the contractor. L. The contractor shall be responsible for providing sanitary facilities or transportation to such facilities for all of his personnel. Sanitary facilities shall meet state standards and local laws. M. All equipment and machinery utilized by the Contractor while performing work for the City shall be equipped and operated in such a manner so as to conform to all applicable laws and regulations including, but not limited to CAL- OSHA, concerning safety and operations. N. Contractor acknowledges having examined the types of sites, local conditions affecting the same, to be abated pursuant to this agreement and accepts them “as is”. No changes in the conditions of the lots shall be made by contractor without prior approval of the Fire Chief. 2. CITY OBLIGATIONS The degree and type of work to be accomplished on the designated lots shall be determined by the Fire Chief or his designee. Inspection and acceptance of the work rev. 1 /I 5/98 3 by the Fire Chief or his designee is required prior to certification for payment. All reports and work orders must be signed by the inspector and the contractor. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Fire Chief or his designee. 4. PAYMENT AND BILLING A. Thirty (30) calendar days after commencing work and at thirty (30) day intervals thereafter, an invoice in duplicate shall be submitted to the City of Carlsbad, showing type of work performed and amount of money claimed under the contract. The claim, upon acceptance and approval by the Fire Chief or his designee will be processed for payment after July 1 of each year of the contract. B. Ten percent (10%) will be withheld from each invoice until completion of the work required to be performed by contractor in each year of the contract. C. Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by the contractor in accordance with generally accepted accounting principles. All invoices billing for services performed, shall be accompanied by detailed statements supporting the charges. The detailed statement must provide such reasonable information as may be required by the City of Carlsbad. D. Payment will not be made to the contractor for work done that was not authorized by the Fire Chief or his designee. rev. 1 /I 5/98 4 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for three additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 7. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any rev. l/l 5/98 5 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, the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee. 6. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 10. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in rev. 1 /15/98 anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, 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 the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any City project for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. LrL (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. & (Initial) 11. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only rev. l/l 5/98 7 as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or his/her employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or his/her employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. 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 of all agents, employees, subcontractors and Consultants that are included in this agreement. rev. l/l 5/98 8 12. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all final reports to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. Contractor agrees to allow City or its designated representative to monitor, audit, review, and examine the methods, procedures, and results of Contractor. 13. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney 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, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Contractor shall at his own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. Contractor’s indemnification of City shall not be limited by any prior or subsequent declaration by the contractor. 14. 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. rev. 1 /I 5/98 9 C 15. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the 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 contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 16. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. rev. l/l 5/98 IO 17. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 18. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 19. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 20. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. rev. l/l 5/98 11 21. INSURANCE The Contractor shall obtain and maintain for the duration of the contract 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 work hereunder by the contractor, his agents, representatives, employees or subcontractors. Said insurance shall 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 Bests Key Rating of not less than “A-V” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. rev. 1 /I 5198 12 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The contractor shall furnish certificates of insurance to the City before commencement of work. 3. The contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The contractor is responsible for any payments made by the City to obtain or maintain such insurance rev. l/l 5/98 13 and the City may collect the same from the contractor or deduct the amount paid from any sums due the contractor under this agreement. 22. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Weed Abatement Officer Carlsbad Fire Department 2560 Orion Way Carlsbad CA 92008 Title QUA 4~ Name l-fober‘r /-/- r~e&a / Address Yj3.r p,q & k M _ P’A-r!fs&dq h &4 l/l Ill Ill Ill Ill Ill Ill Ill rev. l/l 5/98 14 23. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in wriing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this day of /\/ CONTRACTOR: Y-h ATTEST: By: . . (sign here) (print name/title) KAREN R. KUNDTZ, Assistant City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corpora-tions. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL rev. 1 /I 5/98 15 CiiLIibRNIA ALL-PURPOaE ACKNOWLEDGMENT State of CA- County of SW -DE60 On Name and Tie of Dfficer (e.~., “Jane Doe. Notaw Public”) personally appeared 1 * Name(s) of Signer(s) q personally known to me - OR - evidence to be the person(fi subscribed to the within instrument and acknowledged to me that he/$e/t)(ey executed the same in his/h$r/th~ ir authorized capacity(i his/h&t$ir signature(d on the or the entity upon behalf of which the executed the instrument. WITYESS my hand and official seal. ,s- Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document - Title or Type of Document: / Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s)” q Individual III Corporate Officer Title(s): 0 Partner - q Limited 0 General c Cl Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here signer’s Name: Cl Individual Cl Corporate Officer Title(s): 0 Partner - Cl Limited 0 General 0 Attorney-in-Fact 0 Trustee q Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here 0 1995 National Nctary Association l 8236 Remmet Ave., P.D. Box 7184. Canoga Pa&, CA 9130g-,184 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827 May 6,1998 lngold Tractor Service Attn: Hubert H. lngold, Sr. 4135 Park Drive Carlsbad, Ca 92008 Enclosed for your records are copies of the Council Agenda Bill and Resolution adopted at the April 21, 1998 Council meeting, approving your contract with the City for weed abatement services. Also enclosed is a copy of the signed contract with your company. If you have specific questions about this contract please call Martin Aguilera at the Carlsbad Fire Department, (760) 931-2121 extension 2139. KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 @