HomeMy WebLinkAbout1988-02-02; City Council; Resolution 88-27r.
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RESOLUTION NO. 88-27
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND ALLIED BARRICADES FOR THE PROVISION OF EMERGENCY TRAFFIC CONTROL SERVICES
The City Council of the City of Carlsbad, California, does herel
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7 11 1. That an agreement between the City of Carl sbad and A1 1 ied I
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for provision of emergency traffic control services, a copy of
attached (Exhi bit 5) and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carl sbad is hereby autha
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directed to execute said agreement for and on behalf of the City of (
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl
Council held on the 2nd day of February 1988 by the following vote
14 11 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsor
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NOES: None
ABSENT: None
l7 1 18 1 ATTEST:
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uty City Clerk (SEAL)
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AGREEMENT FOR
PROVISION OF EMERGENCY TRAFFIC CONTROL SERVICES
THIS AGREE3UMT, made and entered into as of the +e
day of - , 1987, by and between the CITY
CARLSBAD, a municipal corporation, hereinafter referred to
I1Cityrr and ALLIED BARRICADE COMPANY, hereinafter referred
as 9rContractor. Ir
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RECITALS
City requires the services of Allied Barricade Compa
to provide emergency traffic control services and;
Contractor possesses the necessary skills and qualific
tions to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals a
the mutual covenants contained herein, City and Contract
agree as follows:
1. ContractorrS OBLIGATIONS
The scope of services provided by the contractor sh:
consist of the following:
A. Provide traffic control services within a two-hc
period of time after notification from authorized City person^
listed in Exhibit A.
B. Provide traffic control devices to the City ba:
on rates listed in Exhibit B, C, and D.
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C, Provide assistance in placement of traffic cont~
devices under supervision from City personnel.
2. CITY OBLIGATIONS
The City shall make payments to the Contractor based
rates listed in Exhibit B and C in addition to a forty-fc
dollar per hour labor charge with a one-hour minimum chal
for each call out. The City shall provide supervision 1
placement of traffic control devices and reimburse the Cont
actor for stolen or missing devices at rates listed in ExhiL
D.
3. PROGRESS AND COMPLETION
The work under this Agreement will begin immediate
upon notification from authorized City personnel.
4. FEES TO BE PAID TO CONTRACTOR
Fees shall be paid to the Contractor according to info
mation detailed in Paragraph 2, above, and in Exhibit A a
B. No other compensation for services will be allowed exce
those items covered by supplemental agreements per Paragra
6, "Changes in Work. I*
5. PAYMENT OF FEES
Payment of fees shall be within thirty (30) days aft
receipt of invoice for services from Contractor.
6. CHANGES IN WORK
If, in the course of this Agreement , changes seem merit'
by the Contractor or the City, and informal consultatio:
with the other party indicated that a change in the conditio
of the Contract is warranted, the Contractor or the City m
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request a change in Agreement. Such changes shall be process
by the City in the following manner: A letter outlining t
required changes shall be forwarded to the City or Contract
to inform them of the proposed changes along with a stateme
of estimated changes in charges or time schedule. Aft
reaching mutual agreement on the proposal, a supplement
agreement shall be prepared and approved by the City. su
supplemental agreement shall not render ineffective
invalidate unaffected portions of the agreement. Chang
requiring immediate action by the Contractor or City shall
ordered by the City Engineer who will inform a principal
the Contractor's firm of the necessity of such action a
follow up with a supplemental agreement covering such work.
7. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employ'
or retained any company or person, other than a bona fit
employee working for the Contractor, to solicit or secu
this agreement, and that Contractor has not paid or agreed
pay any company or person, other than a bona fide employe'
any fee, commission, percentage, brokerage fee, gift, or a]
other consideration contingent upon, or resulting from, tl
award or making this agreement. For breach or violation c
this warranty, the City shall have the right to annul th:
agreement without liability, or, in its discretion, to deduc
from the agreement price or consideration, or otherwise recovc
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the full amount of such fee, commission, percentage, brokerat
fee, gift or contingent fee.
8. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the State and Feder
Ordinances regarding nondiscrimination.
9. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecut
deliver, or perform the work as provided for in this Agreemen
the City may terminate this Agreement for nonperformance
notifying the Contractor by certified mail of the terminati
of the Agreement. Final payment shall be in compliance wi
the Code of Federal Regulations.
10. DISPUTES
If a dispute should arise regarding the performance
work under this agreement, the following procedure shall
used to resolve any question of fact or interpretation n
otherwise settledby agreementbetweenparties. Suchquestion
if they become identified as a part of a dispute among perso
operating under the provisions of this Agreement, shall
reduced to writing by the Contractor or the City Engineer.
copy of such documented dispute shall be forwarded to bo
parties involved along with recommended methods of resoluti
which would be of benefit to both parties. The City Engine
or principal receiving the letter shall reply to the lett
along with a recommended method of resolution within ten (1
days. If the resolution thus obtained is unsatisfactory
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the aggrieved party, a letter outlining the dispute shall 1
forwarded to the City Council for their resolution throu?
the Office of the City Manager. The City Council may then 01
to consider the directed solution to the problem. In su(
cases, the action of the City Council shall be binding up(
the parties involved, although nothing in this procedul
shall prohibit the parties seeking remedies available to tht
at law.
11. RESPONSIBILITY OF THE CONTRACTOR
The Contractor is hired to render emergency traff
control service and any payments made to Contractor a:
compensation solely for such services.
12. SUSPENSION OR TERMINATION OF SERVICES
This Agreement may be terminated by either party upc
tendering thirty (30) days written notice to the other part
In the event of termination, the Contractor shall be paid fc
work performed to the termination date. The City shall mal
the final determination as to the portions of tasks completc
and the compensation to be made, Compensation to be made .
compliance with the Code of Federal Regulations.
13, STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided f
herein in Contractor's own way as an independent contract
and in pursuit of Contractor's independent calling, and n
as an employee of the City. Contractor shall be under contr
of the City only as to the result to be accomplished a
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personnel assigned to the project, but shall consult with t
City as provided for in the request for proposal.
The Contractor is an independent contractor of the Cit
The payment made to the Contractor pursuant to this Agreeme
shall be the full and complete compensation to which t
Contractor is entitled pursuant to this Agreement. The Ci
shall not make any federal or state tax withholdings on beha
of the Contractor. The City shall not be required to pay a
workers compensation insurance on behalf of the Contractc
The Contractor agrees to identify the City for any ta
retirement contribution, social security, overtime paylnen
worker compensation payment which the City may be required
make on behalf of Contractor or any employee of Contract
for work done under this Agreement.
The Contractor shall be aware of the requirements of t
Immigration Reform and Control Act of 1986 and shall comp
with those requirements, including but not limited to verifyi
the eligibility for employment of all agents, employees, su
contractors and contractorsthat are include dinthis agreemen
14. HOLD HARMLESS AGREEMENT
The City, its agent, officers and employees shall not
liable for any claims, liabilities, penalties, fines, or a
damage to goods, properties, or effects or any person whateve
nor for personal injuries or death caused by, or resulti
from, or claimed to have been caused by or resulting from a
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act or omission of Contractor or Contractor's agents, employe€
or representatives. Contractor agrees to defend, identif]
and save free and harmless the City and its authorized agent:
officers and employees against any of the foregoing liabilitic
or claims of any kind and any cost and expenses that is incurrt
by the City on account of any of the foregoing liabilitie:
unless the liability or claim is due,, or arises out of, sole:
to the City's negligence.
15. ASSIGNMENT OF AGREEMENT
The Contractor shall not assign the Agreement or ai
part thereof or any monies due thereunder without the pric
written consent of the City.
16. SUBCONTRACTING
If the Contractor shall subcontract any of the work 1
be performed under this Agreement by the Contractor, Contract(
shall be fully responsible to the City for the acts and omi:
sions of Contractor's subcontractor and of the persons eithc
directly or indirectly employed by the subcontractor, i
Contractor is for the acts and omissions of persons direct:
employed by Contractor. Nothing contained in the Agreemei
shall create any contractual relationship between any SUI
contractor of Contractor and the City. The Contractor sha:
bind every subcontractor and every subcontractor of a SUI
contractor by the terms of this Agreement applicable .
Contractor's work unless specifically noted to the contra:
in the subcontract in question approved in writing by the Cit
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17. PROHIBITED INTEREST
No official of the City who is authorized in such capaci.
on behalf of the City to negotiate, make, accept, or approvl
or take part in negotiation, making, accepting, or approvi:
of any architectural, engineering inspection, construction I
material supply contractor, or any subcontractor in connectil
with the construction of the project, shall become direct:
or indirectly interested personally in this Contractor or
any part thereof. No officer, employee, architect, attorn@?
engineer, or inspector of or for the City to exercise a
executive, supervisory, orother similar functions inconnecti
with the performance of this Agreement shall become direct
or indirectly interested personally in this Agreement or a
part thereof.
18. VERBAL AGREEMENT OF CONVERSATION
No verbal agreement or conversation with any office
agent, or employee of the City, either before, during,
after the execution of this Agreement, shall affect or modi
any of the terms or obligations herein contained nor such verb,
agreement or conversation entitle the Contractor to a
additional paymentwhatsoever under theterms ofthis Agreemen
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmle
Agreement,lg all terms, conditions, and provisions hereof sha
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insure to and shall bind each of the parties hereto, and eat
of their respective. heirs, executors, administrator:
successors, and assigns.
20. EFFECTIVE DATE
This Agreement shall be effective on and from the dl
and year first above written.
25. CONFLICT OF INTEREST
The contractor shall file a conflict of Interest Stateme
with City Clerk of the City of Carlsbad. The Contract
shall report investments or interests in real property.
IN WITNESS WHEREOF, we have hereunto set our hands a
seals.
ALLIED BARRICADE COMPANY CITY OF CARLSBAD
BY: &&,A 09AV- ,k/ f//// , ’” ~ [// ,d:.: ..-,u,’p < 9
CLIfiDE A. LEWIS, Mayor
TITLE: fl&3 ,.Jd
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EXHIBIT A
CITY PEEZSCNNEL AUIfiORIZED FOR ENERGENCY TRAFFIC CBNI'ROL SERVICE CALL CU
1. City nineer
2. Assistant City Wineer
3. Principal Civil wineer
4. Traffic wineex
5. Senior construction Inspector
r- EXHIBIT B 0 P.O. Box 247
Santee, CA 92071 ALLuBB 9924401 North Gounty: 4894680
BAmRoGaDB @X.mlPdMV
DIV. OF NIDCON CORP. (T-MC amy Come8 mmr)
RENTAL PRICE RATES
(January 1984)
BARRICADE/LITE """"""""""""""
DELINEATORS
CONES 2 8 I'
BARRICADES/ONLY
NO PARKING BARRICADES
AWS #3 SIGNS
S/S #2 SIGNS (SIGN STAND)
TYPE I11 BLOCKADE
TYPE I11 W/SIGN
PORTABLE SIGN STAND
MESH SIGN W/BRACE 48"
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MOVE-IN CHARGE: --------------------------- 5
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(MOVE-IN AND MOVE-OUT CHARGES FOR SAN DIEGO COUNTY ONLY
MINIMUM CHARGE ON ALL JOBS: ..................... 15
MOVE-OUT CHARGE: ...........................
ALL ABOVE PRICES SUBJECT TO CHANGE - PLEASE CALL OFFICE TO C
I.
, 0 EXHIBIT C e P.O. Box 247
Santee, CA 92071 lLk[EB 442-4401 North County: 489-8689
BlRrnU@ABE @OMDAIV
DIV. OF NIC-CON CORP. (Traffic Si3f8fj’ Corn88 Nrsf)
(January 1984)
ARROW BOARD RENTAL RATES
TRAILER MOUNTED:
ROOF MOUNTED OR SKID:
$ 50.00 p
150.00 p
500.00 p
$ 40.00
120.00
400.00
MINIMUM RENTAL RATE: 2 DAYS
BEACONS RENTAL RATES
$ 30.00 per day
90.00 per week
250.00 per month
SIGN LITES (used to illuminate signs)
$ 25.00 per day
75.00 per week
200.00 per month
MINIMUM 2 DAY RENTAL ON ALL ABOVE EQUPME
ALL ABOVE PRICES SUBJECT TO CHANGE - PLEASE
OFFICE TO CONFIRM
.e e EXHIBIT D 0
MISSING EQUIPMENT PRICES
BARRICADE
BARRICADE WITH LITE
NO PARKING BARRICADE
TYPE 111, STEEL
TYPE I11 WITH SIGN, STEEL
6 VOLT, SOLAR WITH BATTERY
CONES 2 8 "
DELINEATORS 42"
SIGN STANDS (S/S) #2
PORTABLE SIGN STANDS
S/S #2 WITH LITE
AWS #3
AWS #3 WITH LITE
AWS #3 ON BARRICADE
MAY 6, 1987
$ 17.36
34.58
14.64
73.54
127 .OO
17.24
7.22
10.98
40.48
119.1 7
57 -12
93.62
82.46
65.82