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HomeMy WebLinkAbout1990-12-11; City Council; Resolution 90-4261 2 3 4 5 6 7 a 0 Resolution No. 90-426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LANDSCAPE MEDIAN MAINTENANCE Be it Resolved by the City Council of Carlsbad, California as follows: 1. That the bid of New-Way Landscape Maintenance, Inc., 7966 "C' Arjons I: 8 9 Diego CA 921 26 is hereby accepted for the period of one year beginning January 1, 1 the option to renew for three (3) additional one (1) year periods, with revised contract 10 11 12 13 14 15 16 by mutual agreement of the parties. 2. That the Mayor of the City of Carlsbad is hereby authorized and dir execute an agreement, a copy of which is attached hereto marked Exhibit "B", for and c of the City of Carlsbad. Passed, Approved and Adopted at a Regular Meeting of the City Council of th, Carlsbad on the &+day of December , 1990, by the following vote, to wit: 17 18 NOES: None AYES: Council. Members Lewis, Kulchin, Larson, Stanton and Nygaarc 19 I ABSENT: None 20 21 a /I 23 ATTEST: 24 z7 28 (SEAL) I1 0 0 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is entered into this day of 19 t by the CITY OF CARLSBAD, a municipal corporation, hereinafter calk the "City" and New-Wavvinten;lnrp 1 nc. - hereinafter called the "Contractor". WITNESSETH A. RECITALS (i) City has determined that it may most economically provide fc maintenance of the City's landscape median areas listed on exhibits "Af an "B" if an independent contractor performs the maintenance work. (ii) This agreement is to provide for the performance of this maintenanc work by Contractor 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 sum of 48,060.00 , to be paid tc Contractor by City in twelve (12) equal installments of $4,065. , th( Contractor will: a. Take responsibility for the performance of all work described il this agreement. b. Provide all labor and materials, except where othenvist indicated in this agreement, and supervise the performance ol the work. C. Furnish a supervisor and make every effort to keep him on the job at all times. d. Comply with all laws, ordinances, rules, and regulations oj government authorities, federal, state and local, including Worker's Compensation and Immigration Reform and Contracl Act of 1986, pertaining to the performance of the work. f. Perform all work necessary and incidental to the orderly performance of the work. REV 10/30/90 1 0 0 2. Time of Commencement Contractor shall commence performance of work within fifteen (15) workini days after the agreement is signed by the Mayor. 3. Schedule of Work Regularlv Scheduled. Regularly scheduled work is outlined in thic agreement. Work hours shall be between 7:30 and 4:30 , Monda) through Friday, except holidays. Contractor agrees to perform additional unscheduled maintenance work not mentioned in specifications as necessary to maintain the grounds in the standard desired by the City, not to exceed five (5) work hours per week, including emergency call outs. 4. Work Scheduling and Inspection a. Scheduling. Contractor’s supervisor shall prepare monthly work schedules and review them with the Director of Parks and Recreation or his designated representative. b. Communications. Contractor’s supervisor shall visit the Parks and Recreation Department daily to obtain messages or instructions from the Director of Parks and Recreation or his designated representative. Contractor shall supply, and City shall use, a work request form to insure proper documentation of requests. c. Inspections. A general inspection each month with the Director of Parks and Recreation or his designated representative and the contractor’s supervisor shall be made during the first week of every month. 5. Compensation and Billin? City agrees to pay contractor a total contract price of $48,060.00 dollars in monthly installments of $ 4,065 dollars. Monthly invoice should be submitted after service is provided. Payment for service shall be made within first half of the month following the month in which satisfactory services were rendered and after monthly inspection. 6. Contractor’s Local Headquarters Contractor shall maintain adequate office and storage facilities for the REV 10/30/90 2 0 0 performance of this agreement. Such facilities shall be located within a 2: mile radius of the City. Contractor shall show proof of such facilities at bic opening. 7. Emergency Call Out Procedures Within fifteen (15) working days after the date of this agreement, Contract0 shall submit to Director of Parks and Recreation or his designate1 representative for approval, a procedure to provide for emergency responst on nights, weekends, and holidays. 8. Future Adjustments to Contract Prices and Work Quantity Prior to June 1st of each year, City shall give contractor a tentative list o additions to facilities to be maintained under this agreement and any propose( increases or decreases in the quantity of work to be performed. Based on list contractor shall submit to City within thirty (30) days after receipt of list : proposed, revised schedule. Revised contract price shall be set by mutua agreement of the parties by August 15th. If both parties agree upon revisec price, they shall become an addendum to this agreement and shall take effeci October 15th. Prior to October 15th, the scope of the maintenance may be increased using the change order procedures described in Carlsbad Municipal Code sectior 3.28.172. 9. Termination Notwithstanding the agreement term described in paragraph 20, thi: agreement may be terminated with or without cause by either party at an] time upon ninety (90) days written notice to the other party. 10. Hold Harmless and Indemnify The City, its,agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines or any damage to goods, properties or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Contractor or Contractor’s agents, employees or representatives. Contractor agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City’s negligence. REV 10/30/90 3 0 0 11. Status of the Contractor The Contractor shall perform the services provided for herein in Contractor’ own way as an independent contractor and in pursuit of Contractor’ independent calling, and not as an employee of the City. Contractor shall bc under control of the City only as to the result to be accomplished but shal consult with the City as provided for this agreement. The Contractor is an independent contractor of the City. The payment mad( to Contractor pursuant to this contract shall be the full and complett compensation to which Contractor is entitled pursuant to this contract. Thc City shall not make any federal or state tax withholdings on behalf of thc Contractor. The City shall not be required to pay any workers’ compensatio1 insurance on behalf of the Contractor. The Contractor agrees to indemnifl4 the City for any tax, retirement contribution payment which the City may be required to make on behalf of Contractor or any employee of Contractor fool work done under this agreement. The Contractor shall be aware of the requirements of the Immigration Reforn- and Control Act of 1986 (8 U.S.C. Sec. 1101 - 1525) and shall comply witk those requirements, including, but not limited to, verifying the eligibility fol employment of all agents, employees, subcontractors, and consultants that are included in this agreement. 12. 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. 13. Sub-Contracting If the Contractor shall sub-contract 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 sub-contractor, 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 sub-contractor and every sub-contractor of a sub-contractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the sub-contract in question approved in writing by the City. REV 10/30/90 4 0 0 14. Prohibited Interest No official of the City who is authorized in such capacity on behalf of the Cit to negotiate, make, accept, or approve, or take part in negotiating, makini accepting, or approving of any architectural, engineering inspectior construction or material supply contractor, or any sub-contractor in connectio with the construction of the project, shall become directly or indirectl: interested personally in this contract or in any part thereof. No officer employee, architect, attorney, engineer or inspector of or for the City who i authorized in such capacity and on behalf of the City to exercise any executive supervisory, or other similar functions in connection with the performance o this contract shall become directly or indirectly interested personally in thi contract or any part thereof. 15. Verbal Agreement or Conversation No verbal agreement or conversation with any office, agent, or employee o the City, either before, during, or after the execution of this contract, shal affect or modify any of the terms or obligations herein contained nor suck verbal agreement or conversation entitle the Contractor to any additiona payment whatsoever under the terms of this contract. 16. Successors or Assigns Subject to the provisions of paragraph (lo), Hold Harmless Agreement, a1 terms, conditions, and provisions hereof shall insure to and shall bind each oi the parties hereto, and each of their respective heirs, executors: administrators, successors, and assigns. 17. Liability Insurance and Workers' Compensation Without limiting Contractor's indemnification, it is agreed that Contractor shal! maintain in force at all times during the performance of this agreement a policy or policies of liability insurance at least $1,000,000.00 combined single limit covering its operations, including coverage for contractual liability and insurance covering the liability set forth here. The policy or policies shall contain the following clauses: A. "The City is added as an additional insured as respects operations of the named insured performed under contract with the City." B. "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this policy." REV 10/30/90 5 0 0 All insurance policies required by this paragraph shall contain the followin; clause: A. "This insurance shall not be canceled, limited, or non-renewed unti after thirty (30) days written notice has been given to the City.'' B. "The insurer waives any rights of subrogation it has or may have against the City or any of its officers or employees." Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense anc indemnify and save harmless the City and its officers and employees from a1 claims, loss, damage, injury, and liability of every kind, nature, and descriptior brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. Certificates of insurance evidencing the coverages required for liabilit! insurance and workers' compensation shall be filed with the City prior to thc effective date of this agreement. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. If the insurance is on a "claims made" basis, coverage shall be maintained for a period of three years from the date of completion of the work. The cost of such insurance shall be included in Contractor's bid. The insurance company or companies shall meet the requirements of City Council Resolution No. 89- 387. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Sewices Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability; and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto"; and 3. Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability Insurance. REV 10/30/90 6 a e B. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combined singlc limit per occurrence for bodily injury and property damage. I the policy has an aggregate limit, a separate aggregate in thc amounts specified shall be established for the risks for which thc City or its agents, officers, or employees are additional1 insured. 2. Automobile Liability: $1,000,000 combined single limit pe accident for bodily injury and property damage. 3. Workers’ Compensation and Employers’ Liability: Workerr Compensation limits as required by the Labor Code of the Stat( of California and Employers’ Liability limits of the $1,000,001 per accident. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to’ anc approved by the City. At the option of the City, either the insure shall reduce or eliminate such deductibles or self-insured retentions a respects the City, its officials and employees, or the Contractor shal procure a bond guaranteeing payment of losses and relate1 investigations, claim administration, and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the followin provisions: 1. General Liability and Automobile Liability Coverages: a. The City, its officials, employees, and volunteers are to b’ covered as insured as respects: liability arising out c activities performed by or on behalf of the Contractol products and complete operations of the Contractol premises owned, leased, hired, or borrowed by th Contractor. The coverage shall contain no speck limitations on the scope of protection afforded to the Cit: its officials, employees, or volunteers. REV 10/30/90 7 m e b. The Contractor’s insurance coverage shall be primar( insurance as respects the City, its officials, employees, an( Volunteers. Any insurance or self-insurance maintained b; the City, its officials, employees, or volunteers shall be i1 excess of Contractor’s insurance and shall not contributt with it. c. Any failure to comply with reporting provisions of thc policies shall affect coverage provided to the City, it officials, employees, or volunteers. d. Coverage shall state that Contractor’s insurance shall appl separately to each insured against whom claim is made o suit is brought, except with respect to the limits of thl insurer’s liability. 2. Workers’ Compensation and Employers’ Liability Coverages: The insurer shall agree to waive all rights of subrogation agains the City, its officials, employees, and volunteers for losses arisini from work performed by Contractor for the City. 3. All Coverages Each insurance policy required by this clause shall be endorse( to state that coverage shall not be suspended, voided, canceled reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests’ rating of no less than A:\ as specified by City Council Resolution No. 89-387. F. Verification of Coverage Contractor shall furnish the City with certificates of insurance and with origina endorsements affecting coverage required by this clause. The certificates an( endorsement for each insurance policy are to be signed by a persol authorized by that insurer to bind coverage on its behalf. The certificates o endorsements are to be in forms provided by the City and are to be receive( and approved by the City before work commences. REV 10/30/90 8 0 0 G. Subcontractors Contractor shall include all subcontractors as insured under its policies or shal furnish separate certificates and endorsements for each subcontractor. Ai coverages for subcontractors shall be subject to all of the requirements statec herein. 18. Acceptance of Public Facilities "As Is" Contractor acknowledges having examined the public facilities to bc maintained pursuant to this agreement and accepts them "as is". No change in the accepted conditions of the facilities shall be made by contractor withou prior approval of the Director of Parks and Recreation. 19. City Permits The Contractor must have a current City business license. Bidders are advisec to consult the Business License Supervisor as to the exact cost of such licensl if not currently licensed. 20. Term This agreement shall extend for a period of one (1) year. By mutual assenl the parties may extend this agreement for three (3) additional one (1) yea periods for a total period of four (4) years upon satisfactory performance, ant the consideration shall be determined by the methods described in paragrap: 8. 21. Regularly Scheduled Work a. Irrisation. All plants and turf shall be provided with sufficien irrigation water to maintain a healthy appearance and conditior Water and irrigation system will be provided by City. Contractor sha control clock programming and hand watering schedule in a manne that will not cause unnecessary water run-off or ponding. Schedule will be prudently adjusted so as to not waste water. Irrigation will nc normally be - performed during daylight hours on areas where th systems are automatically controlled. Any exceptions shall be approve1 by the Director of Parks and Recreation or his designatel representative, prior to watering. During rainy periods, it shall be th Contractor's responsibility to secure irrigation systems. City will notif Contractor of any special events to take place on park areas an Contractor shall adjust irrigation schedule so as to not disrupt event! Newly planted trees should be manually watered as necessary. REV 10/30/90 9 e a b. Irrigation Svstems Maintenance. Contractor shall trim around, Clem and adjust all sprinkler heads as necessary to ensure prope performance. Contractor is also responsible for maintenance o automatic sprinkler systems, including a monthly test activation of thc system. c. Irrigation Svstems Repair. Contractor is responsible for making repair to the irrigation system as follows: 1) All minor repair labor. 2) Up to $50.00 per month of repair parts, with parts valued a Contractor’s actual cost. 3) Major repairs if Contractor submits an estimate to city withil five (5) working days and City agrees to the cost of repair. Thc City reserves the right to make major repairs in any manner i chooses if City does not accept the cost estimate, or Contract0 does not submit an estimate, or Contractor does not submit a1 estimate within five 95) working days. All repairs to the system shall be made according to the original detai; d. Turf Mowing, EdPing, and Trimming. All turf areas shall be mowed edged, and trimmed at least weekly during the months of Marc1 through November, and bi-weekly during the months of Decembe through February, weather permitting. The height of the grass shall bc maintained at a height one inch (1”) to two inches (2”), depending 01 the type of grass and the mowing seasons. During heavy growt! seasons or for special events, extra mowing may be ordered by thl Director of Parks and Recreation or his designated representatives, anc performed by Contractor at no additional cost to City. Turf shall bl swept, vacuumed or otherwise cleaned to maintain a neat appearanci at all times. e. Walks, Curbs, and Courts. All sidewalks, curbs, courts, anc miscellaneous asphalt and concrete surfaces shall be washed or swep once a week. Any debris that is caused by the Contractor shall bi thoroughly cleaned at once. f. Planters and Ground Covers. All planters and ground cover areas sha: be kept free from debris and weeds at all times. These areas shall bl cultivated and weeded at not more than ten (10) working day interval: These areas shall also be edged weekly and any debris generated b this operation shall be removed immediately. REV 10/30/90 10 e a €5 Trimming and Pruning. All shrubs and plants shall be kept pruned an( trimmed in accordance with good horticultural practices. All trees shal be kept clear of sidewalks, paths and roadways by minor trimming. I the Contractor feels that major trimming is necessary, he must notif the Director of Parks and Recreation or his designated representativl before proceeding. h. Fertilizing. All turf areas shall be fertilized a minimum of four (4 times a year or as is necessary to maintain a healthy appearance anc condition. Fertilizer material tags shall be submitted to the Direct01 of Parks and Recreation or his designated representative for approva before application. All plants and trees shall be fertilized and treatec as necessary to maintain a healthy condition and appearance Fertilizer shall be provided by Contractor. 1. Weed, Pest, and Disease Control. All turf areas, planters, beds, trees and tree wells shall be kept clear and free of all weeds, pests, an( diseases at all times. Methods and materials used to accomplish thi objective are subject to approval by the Director of Parks anc Recreation or his designated representative but are supplied bJ Contractor. J. Reseeding. Any turf area shall be reseeded as required by the Director of Parks and Recreation or his designated representative, a. Contractor’s expense, as a result of negligence by Contractor. Wher reseeding, materials and horticultural practices used are subject tc inspection and approval by Director of Parks and Recreation or hi: designated representative. k. Tree and Shrub Replacement. Contractor shall replace, at his expense, any trees, shrubs, turf, or ground cover which die as a result oj Contractor’s negligence. City shall replace any trees, shrubs, turf, 01 ground cover which die for reasons other than Contractor’s negligence. Size of trees and shrubs shall be determined by Director of Recreatior! or his designated representative; ground cover shall be from f’lats. 1. Traffic Controls. Contractor shall provide and display all safety device: and traffic controls at all times when working in the public right-of-way, All Contractor’s employees shall be attired in approved safety gear ai all times and traffic control shall be as outlined by the Director oj Parks and Recreation. Failure to do so will result in an immediate shutdown of activity by the City. Any work not accomplished as a result of this shutdown shall be performed at another time with proper safety devices at no additional expense to the City. REV 10/30/90 11 0 m m. Safety. All equipment and machinery utilized by the Contractor whili performing work for the City shall be equipped and operated in sucl a manner so as to conform to all applicable laws and regulation: operations. including, but not limited to Cal-OSHA, concerning safety an n. Turf Aeration and Thatching. Turf areas shall be aerated and thatche in accordance with good horticulture practices. If the Contractor feel that a major renovation is needed, he shall notify the Director of Park and Recreation or his designated representative prior to proceeding 0. Miscellaneous Items. 1) All grass and shrub clippings and any other debris generated b the Contractor’s activities shall be removed and proper1 disposed of by the Contractor at his expense. 2) Dust or nuisance conditions occasioned by Contractor’s wor shall be alleviated immediately. 3) Each of Contractor’s working crews shall have a responsibl leadperson who may represent Contractor to discuss wor results with the Director of Parks and Recreation or hi designated representative. 4) Contractor shall be responsible for keeping curb, gutter, an hardtop areas free of weeds and debris. 5) All of Contractor’s personnel performing the work of th. contract shall maintain appearance and uniforms in a manne acceptable to City standards. REV 10/30/90 12 e e 6) Large trash items shall be picked up by Contractor prior tc moving. Executed this day of > 19 -. Contractor: (name of Contractor) By: (sign here) CITY OF CARLSBAD, a municipa corporation of the State of California By: MAYOR ATTEST: (print name here) Aletha L. Rautenkranz, City Clerl (Title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgement of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secreta9 or assistant secretary under corporate seal empowering that officer to bind the corporation.: APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: Deputy City Attorney REV 10/30/90 13 e e CITY OF CARLSBAD MEDIAN MAINTENANCE AREAS Carlsbad Boulevard, from Cannon Road north to City limit (2.39 acres) Grand Avenue, from Carlsbad Boulevard east to Roosevelt Street (.12 acres) Elm Avenue, from Carlsbad Boulevard east to 1-5 (.73 acres) El Camino Real, from Haymar Drive south to Alga Road (6.85 acres) Alga Road, from Mimosa east to Melrose (2.5 acres) Rancho Santa Fe Road, from La Costa Avenue west to Rancho Santa Fe Road (Olivenhail Road) (1.51 acres) Palomar Arport Road, from Camino vida Robles west to Paseo Del Norte (1.23 acres) Paseo Del Norte, from Palomar Airport Road north to Cannon Road (.5 acres) Cannon Road, from 1-15 to Car Country Drive (.66 acres) Poinsettia Lane, from 1-5 east to end (.91 acres) College Boulevard, from Palomar Arport Road north east to El Camino Real (4.1 acres Avenida Encinas, from Poinsettia south to end of shopping complex (.40 acres) Melrose, from Alga Road south to Rancho Santa Fe Road (SO acres) NOTE: All acreages above are approximate. It would be advised all bidders examine thl locations of the proposed work and the actual conditions and requirements of thl work and shall make proposals based upon their examination and evaluation of actual conditions.