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HomeMy WebLinkAbout1993-06-15; City Council; Resolution 93-163r 4 1 2 3 4 5 0 0 RESOLUTION NO. 93-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR TREE TRIMMING SERVICE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C 6 7 8 92120 is hereby accepted. California, as follows: 1. That the bid of Homestead Tree Service, 51 73 Waring Road, #106, San D 9 2. That an Agreement between the City of Carlsbad and Homestead Tree Sc 10 l3 the price in effect at the end of the initial contract period is attached and made a part her l2 with the option to renew for two additional one year periods at an increase not to excec 11 tree trimming service for a period of one year commencing July 1, 1993 through June 3 is hereby approved. 14 3. That the Mayor of the City of Carlsbad is hereby authorized and dirc 15 16 17 18 19 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 of Carlsbad on the 15th day of JUNE , 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila 2o I NOES: None 21 22 23 I ABSENT: None 24 ATTEST: // 25 26 27 11 (SEAL) 28 e 0 EXHIBI? AGREEMENT TREE TRIMMING SERVICE THIS AGREEMENT, made and entered into this 18th day of JUNE , 1993,l and between the CITY OF CAEUSBAD, a municipal corporation, hereinafter referred t "City", and HOMESTEAD TREE SERVICE, hereinafter referred to as "CONTRACTOR". WHEREAS, the CONTRACTOR has submitted to the CITY a proposal to provide 1 Trimming Service. WHEREAS, it has been determined that it is in the best interests of the CITY to e: into the Agreement hereinafter contained. NOW THEREFORE, in consideration of the mutual promises, conditions, covenants herein contained; the parties hereto agree as follows: 1. Term of Ameement This Agreement shall be for a period of one (1) year commencing on Jul: 1993 and ending June 30, 1994. At the end of the year the CITY has right to rebid or to renew the agreement for two (2) additional one (1) y (1) year periods unless canceled by either party in writing at least thirty ( days prior to the annual renewal date. 2. Compensation CONTRACTOR shall provide tree trimming service for an hourly rate $27.50 per man. 3. Escalation Clause A request for a cost increase must be submitted in writing thirty (30) d; prior to the beginning of each contract year by the CONTRACTOR. P request for a cost increase will be negotiated and must be evidenced to t satisfaction of the CITY, and be directly related to and not exceeding the 1 Bureau of Labor Statistics consumer Price Index for San Diego County, a in any event may not exceed the actual increase in CONTRACTORS cost 4. Dum of Contractor a. The CONTRACTOR wii be responsible for all clean-up, includi disposal of debris and limbs and traffic control, during trimmi operations. b. Bids are to be made on an hourly basis and are to include equipme and operator. 1 e * 0 c. Work to be billed for actual time on the job. d. Response time within 48 hours. e. The CONTRACTOR will be responsible for proper and adeqr public or private property, and will assume all liability should inj to persons or damage to property occur. shielding of his equipment to prevent injury to persons or damagl f. All means necessary to barricade and otherwise properly safeguard immediate working area will be utilized by the CONTRACTOR a1 times. g. All equipment to be used by CONTRACTOR must be properly guar and shielded to protect operator and public. 5. Hold Harmless CONTRACTOR agrees to indemnify, save, and hold harmless the CITY its officers, agents, and employees from any and all lawsuits, dama, liability, claims, or costs of any nature whatsoever, arising out of, resulting from, either directly or indirectly, the performance of work pursr: to this agreement, to the maximum extent allowed by law. 6. Insurance CONTRACTOR shall maintain Workers’ Compensation Insurance, Liab Insurance for insurance against injuries including accidental death, to one (1) person in an amount no less than One Million Dollars ($l,OOO,O naming the CITY as Additional Insured. 7. Business License CONTRACTOR shall r-?aintain a business license to operate in the CiQ Carlsbad. 8. Canceilation Clause At any time during the te.,,n of this Agreement, either party may cancel Agreement without cause, with thirty (30) days written notice. 2 0 e 1 9. Pavments CONTRACTOR shall submit invoices to Finance Department, 1200 Carls Village Drive, Carlsbad, CA 92008. Payment shall be made in full by C within thirty (30) days after receipt of invoice. IO. Independent Contractor It is expressly understood and agreed that the CONTRACTOR herein na is acting as an Independent Contractor and not as an agent, servant, employee of the CITY. The CONTRACTOR shall be aware of the requirements of the Immigral Refmm and Control Act of 1986 and shall comply with those requiremc including but not limited to verifyzng the eligibility for employment for agents, employees imd subcontractors that are included in the Agreeme 11. Assiment of Contract CONTRACTOR may not transfer, assign, or subcontract this Agreer without prior written consent of CITY. IN WITNESS WHEREOF, the parties hereto have executed the Agreemen Carlsbad, California, the day and year first above written. City of Carlsbad, California A Municipal Corporation 7Z/&&&47 CONTRACTOR ( c HOMESTEAD TREE SERVICE Attnst: Aletha L. Rautenkranz, Ci APPROVED AS TO FORM: LE&*. RONALD R. BULL, /c. 7 3, ,. 5