HomeMy WebLinkAbout1990-06-05; City Council; Resolution 90-158-
v-
1
2
3
4
5
6
7
8
9
10:
11
12
13
14
15
16
17
18
19 I
20
21
'. 22
23
24
25
26
27
28
e
\
0
RESOLUTION NO. 90-158
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A
BID AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR TREE TRIMMING SERVICE
BE IT RESOLVED by the City Council of Carlsbad, Calif01
as follows:
1. That the bid of Henderson Tree Service, Inc., f
University Avenue, San Diego, CA 92105 is hereby accepted.
2. That the Mayor of the City of Carlsbad is he1
authorized and directed to execute an agreement, a copy of wl
is attached hereto marked Exhibit 'lBrt for and on behalf of
City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
City Council of the City of Carlsbad on the 5th day
June , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Mamaux and Larson
NOES: None
ABSENT: Council Members Kulch
ATTEST: oAz%& 2! QdA L&" ALETHX L. *RAUTENKRANZ, City Cferk
(SEAL)
,
0 0
,- \ 8.
EXHIBIT "B'
AGREEMENT FOR
TREE TRIMMING SERVICE
THIS AGREEMENT, made and entered into this day of
1990, by and between the CITY OF CARLSBAD, a Municipal Corporation, hereinaftel referred to as "CITY" and Henderson Tree Service, Inc., hereinafter referred tc
as "CONTRACTORN.
WHEREAS, the CONTRACTOR has submitted to the CITY a proposal to providl Tree Trimming Service.
WHEREAS, it has been determined that it is in the best interests of thl CITY to enter into the Agreement hereinafter contained.
NOW, THEREFORE, in consideration of the mutual promises, conditions, an1 covenants herein contained, the parties hereto agree as follows:
1. Term of Aqreement
This Agreement shall be for a period of one (1) year commencing o July 1, 1990 and ending June 30, 1991. At the end of the year th CITY has the right to rebid or to renew the agreement for two (2 additional one (1) year periods unless cancel 1 ed by either party i writing at least thirty (30) days prior to the annual renewal date
2. Compensation
CONTRACTOR shall provide tree trimming service for an hourly rat of $32 per man.
3. Escal ati on C1 ause
A request for a cost increase must be submitted in writing thirt (30) days prior to the beginning of each contract year by th CONTRACTOR. Any request for a cost increase will be negotiated an must be evidenced to the satisfaction of the CITY, and be direct1 related to and not exceeding the US Bureau of Labor Statistic consumer Price Index for San Diego County, and in any event may no exceed the actual increase in CONTRACTORS' cost.
4. Duty of Contractor
a. The contractor will be responsible for all clean-up, includin disposal of debris and limbs and traffic control, durin trimming operations.
b. Bids are to be made on an hourly basis and are to incl ud equipment and operator.
0
c
c. Work to be billed for actual time on the job.
d. Response time 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 pub1 ic or private property, and will assume a1 1 1 i abi 1 i ty should injury to persons or damage to property occur.
f. All means necessary to barricade and otherwise properly safeguard the immediate working area will be utilized by the contractor at all times.
g. All equipment to be used by contractor must be properly guarded and shielded to protect operator and public.
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.
6. Insurance
CONTRACTOR shall maintain Workers’ Compensation Insurance, Liabil itj Insurance for insurance against injuries including accidental death, tc any one (1) person in an amount no 1 ess than One Mi 11 ion Dol 1 ars ($1,000,000.) and subject to the same limit for each person on account of one (1) accident, in an amount not less than One Million Dollars
($1,000,000.) naming the CITY as Additional Insured.
7. Business License
CONTRACTOR shall maintain a business 1 icense to operate in the City of Carl s bad.
8. Cancel 1 ati on C1 ause
At any time during the term of this Agreement, CITY may cancel thi: Agreement if CONTRACTOR fails to perform in accordance with the provision: of this Agreement, with thirty (30) days written notice.
9. Payments
CONTRACTOR shall submit invoices to Finance Department, 1200 Carlsbac Village Drive, Carlsbad, CA 92008. Payment shall be made in full by CIT\ within thirty (30) days after receipt of invoice.
2
e e
E r
10. 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.
11. Assiqnment of Contract
Contractor may not transfer, assign, or subcontract this Agreement without 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.
City of Carl sbad, California A Municipal Corporation Henderson Tree Service, Inc.
C1 aude A. Lewis, Mayor Contractor
Attest:
Aletha L. Rautenkranz, City Clerk
Approved as to form:
Vincent F. Biondo, Jr., City Attorney
3