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HomeMy WebLinkAbout1994-04-12; City Council; Resolution 94-99I1 -e e RESOLUTION NO. 94-99 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE EXECUTION OF AN AGREEMENT FOR WEED AND 2 CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING 3 4 RUBBISH ABATEMENT. 5 6 7 8 hereby accepted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl: California, as follows: 1. That the bid of lngold Tractor Service, 4135 Park Drive, Carlsbad CA 920 9 2. That an Agreement (Exhibit "A) between the City of Carlsbad and lngold Tr 10 13 which is attached, and made a part hereof, is hereby approved. 12 through May 15, 1995, with the option to renew for three additional one year periods, a cc 11 Service for weed and rubbish abatement for the period of one year commencing May 16, l4 3. That the Mayor of the City of Carlsbad is hereby authorized and direct execute said Agreement for, and on behalf of the City of Carlsbad. 15 16 17 18 19 20 21 22 23 AITEST: PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of th of Carlsbad on the Bhday of APRIL , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None 24 25 ALETHA L. RAUTENKRANZ, City Clerk 26 27 (SEAL) 28 e 0 EXHIBIT AGREEMENT THIS AGREEMENT, made and.entered into as of the 14th day of APRIL , 1994, by and between the CIlY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and INCOLD TRACTOR SERVICE hereinafter referred to as "Contractor". A. RECiTALS The City has determined that a Weed Abatement Program is in the public interest The City Council shall designate lots and parcels to be cleared. This agreement is to provide for the performance of this weed and rubbish abatement work 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 fees set forth in Bid Proposal listed on exhibit *' 11' the Contractor will: a. Take responsibility for the performance of ail work described in this agreement, specifications, terms and conditions and addendum thereto. b. 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. c. Furnish a qualified supervisor and make every effort to keep him on the job at all times. 1 1B d. Rmply with all laws, ordinances, ru 1). ,,a 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. 2. TIME OF COMMENCEMENT Contractor shall commence performance of work no later than May 16, 1994 and complete work by July 15, 1994. 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. 3. SCHEDULE OF-WORK Work hours shall be between 7:OO a.m. and 6:OO 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. 4. INSPECTION 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 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. 2 ll94 0 e 5. 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. 6. STORAGE AND SANITARY FACILITIES a. 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. b. All transportation of equipment and personnel to and from the job - 3 if94 e . 7. site shall be arranged by the contractor. c. 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. FUTURE ADJUSTMENTS TO CONTRACT PRICES Based on the Contractor's satisfactory performance during the contract period, prior to February 1 st of each year, the City and the Contractor may negotiate one year extensions to this agreement up to three additional years. If both parties agree upon revised prices, they shall become an addendum to this agreement and shall take effect April 1st. The City Manager has the authority to execute the addendums. . 8. TERMINATION a. The City reserves the right to terminate the contract at any time due to illegal acts or failure on the part of the contractor to perform work for more than two (2) consecutive working days. Notwithstanding the agreement term described in Paragraph 19, this agreement may be terminated with or without cause by either party at any time upon thirty (30) days written notice to the other Pafly - 9. HOLD HARMLESS AGREEMENT The City, its 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, any intentional or negligent acts, errors or omissions of Contractor or Contractor's agents, employees, or representatives. 4 1/9! 0 0 Contractor agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney's fees which are incurred by the City on account of any of the foregoing. 10. 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 City. Contractor shall be under control of the City only as to the result to be accomplished but shall consult with the City as provided for this agreement. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to this contract shall be the full and complete compensation to which Contractor is entitled pursuant to this contract. The City shall not make any federal or state tax withholdings on behalf of the Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of the Contractor. The Contractor agrees to indemnify 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 for work done under this agreement. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 11 01 - 1525) and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, 5 1m e 0 employees, subcontractors, and consultants that are included in this agreement. 11. 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. 12. 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 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. 13. 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. 6 1194 0 e 14. 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 Consultant to any additional payment whatsoever under the terms of this contract. 15. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 9, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 16. ACCEPTANCE OF PUBLIC FACILITIES "AS IS" 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. 17. CITY PERMITS The Contractor must have a current City business license. Bidders are advised to consult the Business License Supervisor in the Finance Department as to the exact cost of such license if not currently licensed. 18. TERM This agreement shall extend for a period of one (I) year. By mutual assent, the parties may extend this agreement for three (3) additional one 7 1/94 0 e (1) year periods for a total period of four (4) years upon satisfactory performance, and the consideration shall be determined by the methods described in Paragraph 7. 19. DISPUTES At any time during the cleaning operations, a controversy should arise as to the number.of lots cleaned, the amount of work done, or to be done, or the sizes or parcels cleaned by the contractor; the matter and attendant records and reports will be studied and explained fully and the decision made by the Fire Chief shall be final. 20. SAFETY 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. 21. JNSURANCE The Contractor shall obtain and maintain policies of general liability ' insurance, automobile liability insurance, and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. 8 ll94 e e The City shall be named as an additional insured on these policies. The Contractor shall furnish Certificates of Insurance to.the City before commencement of work. 411 ALL PURPOSE ACKNOWLEDGEMENT @ST Furnished by - Capacity Claimed By Signer: ORANGE COAST TITLE COMPANY "1 s-e STATE OF cALimwds OF SAN DiEGO ~4- Corporate Officer(s) COUNTY OF S+ bkTd On cM-O'-qy , before me, the undersigned Notary Public, personally appeared 0" Tit/e(s) i" U Partner(s) Limited/General 0 Attorney-In-Fact 0 Subscribing Witness a ZPt490LO !4X- Personally known to me - OR - Signer Is Representing: 0 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 0 Public Agency is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I .. ,. .. .. WITNESS my hand and seal. .. . OCT-190 Executed by Contractor this / day of 4-11 1 , 1994. CONTRACTOR Name of Contractor : INGOLD TRACTOR SERVICE . (Sign Here) I -&?m L,n (Print Name Here) ' c74//;rgp (Title and Orgkization of Signatory) 9 1/94 e 0 CITY OF CARLSBAD, A MUNICIPAL ATTEST: AJ2iZLeL- ALETHA L. RAUTENKRANZ, City Clerk (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 secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY-/ fLd Karen Hirata Deputy City Attorney 10 ll94 rl I- - m - I X LLI d m u! H m 2 a 0 z 0 p: 4 c4 E k z 0 V t-. 2. 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