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HomeMy WebLinkAbout1995-11-07; City Council; Resolution 95-317! 0 0 = /I RESOLUTION NO. 95-317 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR REMOVAL OF HAZARDOUS WASTE 5 NOW THEREFORE, be it resolved by the City Council of the City of Carlsbad, 6 7 as follows: Compton CA 90222, is hereby accepted and the Purchasing Officer is hereby aut1 8 1. That the bid of Asbury Environmental Services, 2100 North Alamec 9 11 execute a purchase order for the acquisition of hazardous waste removal services for 1 10 11 12 13 of November 15, 1995 through October 14, 1996, which may be renewed by the City for three additional one (1) year periods, with revised contract prices to be set aft1 agreement. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed tc 14 ll a contract, a copy of which is attached hereto, for and on behalf of the City of Carlsb 15 a regular meeting held on the 7th day of NOVEMBER , 1995, by the followin 16 PASSED, APPROVED AND ADOPTED by the City Council of the City of 0 I? (1 wit: l8 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall 19 2o I1 NOES: None 21 22 23 ABSENT: None :: ,~- 24 ATTEST: ALETHA L. RAUTENKRANZ 27 28 (CEAL) 0 0 REMOVAL OF HAZARDOUS WASTE THIS AGREEMENT, made and entered into this 17th day of NOVEMBER , 1995, by : between the Cliy OF CARLSBAD, California, a municipal corporation, hereinafter referred to "City, and ASBURY ENVIRONMENTAL SERVICES hereinafter referred to as "Contractor". WITNESSETH WHEREAS, the City of Carfsbad does find that the proposal tendered be the Contractor removal of hazardous waste, including the furnishing of all labor, services, materials and equipme, was a responsible proposal and of high standards; WHEREAS, the City of Carisbad does further find and determine that it would be in the be interest of the City that said proposal be accepted and the contract be awarded to the Contractc NOW, THEREFORE, for and in consideration of the mutual covenants and promises of tl parties hereto and upon the express terms and conditions hereinafter set forth, it is agreed by ar between them, and with each other, as follows: 1. This agreement shall consist Of and include the following documents attached heretc as Exhibits A, 6, C and D, and incorporated by reference herein: A. Bid Proposal B. Client Listing C. Statement of Financial Responsibility D. List of Waste Disposal Sites I 0 0 All agreement documents are intended to compliment each other so that even if any c is not mentioned in the other, each document is to be executed the same as if referenced ir contract documents. 2. The said Contractor agrees to furnish all tools, equipment, apparatus, facilit labor, services and materials to remove hazardous material on a quarterly basis according to i proposal submitted and accepted as in all agreement documents hereinabove referred. , Ii understood and agreed that all said labor, services, materials and equipment shall be furnist- and said work performed and completed by the Contractor as an independent Contract subject to the inspection and approval of the City acting through its 'Assist; Utilities/Maintenance Director or designated representative. The Contractor shall assume all ri: for loss of or damage of tools or equipment ownedhented by the Contractor. 3. The Contractor, prior to commencing work under this agreement, shall provide the Fleet Superintendent and have accepted and approved, a listing of all materials that will used. With this listing will be a legible copy of the Material Safety Data Sheet (MSDS) for ea product that requires a MSDS. The listing must be corrected with revised MSDS, as appropria and submitted to the Fleet Superintendent for acceptance and approval prior to a material beil changed. 4. The Contractor shall provide the City of Carlsbad with appropriate hazardous was manifests for materials that are removed and show chain of custody to the final destination. 5. The Contractor shall obtain and pay for a City of Carlsbad business license at tt time of signing of this Contract. The business license must be maintained for the duration of tt Contract. I 2 0 0 6. The Contractor shall comply with all Federal, State, County, and City StatutG Ordinances and Regulations, including Workers’ Compensation and Immigration Reforms Cont Act of 1986. 7. Contractor’s employees shall be required to be clean and neat in appearance a wear identification. Ccntractor will be required to submit verification that emploitees have t right to work in the United States. Contractor shall perform all obligations in a good professioi and lawful manner, provide competent and sober personnel, efficient and clean equipment, a service the City in courteous, helpful and impartial manner. The Contractor shall remove any its employees for justifiable cause upon the request of the Cii. 8. The Contractor agrees to commence the work provided herein immediately up the completion of the execution of this agreement and the delivery to Contractor of an executi copy thereof and to continue in a diligent worker-like manner and without interruption. Tt agreement shall extend for a period of one (1) year from the date hereof. The City Manager m extend this contract for three (3) additional one (1) year periods for a total contract period of fc (4) years, upon satisfactory performance. 9, On the annual anniversary date of this agreement, upon written request by t contractor and approval by the Fleet Superintendent, the total annual contract sum shall I subject to change in accordance with the Consumer Price Index, San Diego, as published by t U.S Department of Labor, based on one-hatf of the percentage change in the index from Januz 1st of each year of the contract. IO. Insurance. Contractor shall procure and maintain for the duration of the contrs insurance against claims for injuries to persons or damage to property which may arise from in connection with the performance of the work hereunder by the Contractor, his agen 3 0 0 representatives, employees or subcontractors. Said insurance shall meet the City's policy 1 insurance as stated in Resolution NO. 91-403. (A) COVERAGES AND LIMITS- Contractor shall maintain the types of coverages a1 minimum limits indicated herein: 1. Comprehensive General LiabilitV Insurance: $1,000,000 combined single limit per occurrence for bodily injury and prope damage. If the policy has an aggregate limit, a separate aggregate in t amounts specified shall be established for the risks for which the City. or agents, officer or employees are additional insured. 2. Automobile Liabilitv Insurance: $1,000,000 combined single limit per accident for bodily injury and prope, damage. In addition, the auto policy must cover any vehicle used in tl performance of the contract, used onsite or offsite, whether owned, non-own1 or hired, and whether scheduled or non-scheduled. The auto insurance certifia must state the coverage is for "any auto' and cannot be limited in any manne 3. Workers Compensation and Empiovers' Liabii'tv insurance: Workers' Compensation limits as required by the Labor Code of the State California and Employers' Liability limits of $1,000,000 per incident. Worke compensation offered by the State Compensation Insurance Fund is acceptat to the City. 4. Hazardous Waste Haulers Insurance: $1,000,000 combined single limit per occurrence for bodily injury and prope damage. If the policy has an aggregate limit, a separate aggregate in the am01 I 4 0 0 specified shall be established for the risks for which the City or zts agents, oflice or employees are additional insured. (B) ADDITIONAL PROVISIONS-Contractor shall ensure that the policies of insuranc required under this agreement contain, or are endorsed to contain, the following provisior General Liability, Automobile Liability and Hazardous Waste Hauiers Coverages: 1. The City, its officials, employees and volunteers are to be covered as additior insured as respects: liability arising out of activities performed by or on behalf the Contractor; products and completed operations of the contractor; premisc owned, leased, hired or borrowed by the contractor. The coverage shall conta no special limitations on the scope of protection afforded to the City, its official employees or volunteers. 2. The Contractor’s insurance coverage shall be primary insurance as respects tt City, its officials, employees and volunteers. Any insurance or self-insuranc maintained by the City, its officials, employees or volunteers shall be in excess the contractor’s insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affe coverage provided to the City, its officials, employees, or volunteers. 4. Coverage shall state that the contractor’s insurance shall apply separately, to ea( insured against whom claim is made or suit is brought, except with respect to tt limits of the insurer’s liability. 5. Contractor’ insurance policies shall be endorsed to provide the Cty thirty day notice of cancellation. 11. Indemnification. Contractor shall assume the defense of, pay a13 expenses defense, and indemnify and hold harmless the City, and its officers ar 5 0 0 employees, from all claims, loss, damage, injury and liability of everykind, natu and description, directly or indirectly arising from or in connection with t' performance of the Contractor or work; or from any failure or alleged failure Contractor to comply with any applicable law, rules or regulations including tho relating to safety and health; except for loss or damage which was caused solc by the active negligence of the City; and from any and all claims, loss, damage injury and liability, howsoever the same may be caused, resulting directly I indirectly from the nature of the work covered by the Contract, unless the loss 1 damage was caused solely by the active negligence of the City. The expensc of defense include all costs and expenses including attorneys fees for litigatio arbitration, or other dispute resolution method. 12. This agreement may be terminated by either party by giving thirty (30) day written notice to the other, and this agreement shall terminate forthwith thirty (30) days followir. the date such notice is given. 13. In the event that any of the provisions of this agreement are violated by th Contractor, the Crty may terminate the agreement by serving wriien notice upon the Contractc of its intention to terminate such agreement and, unless within ten (10) days after the service ( such notice violation shall cease, the agreement shall, upon the expiration of said ten (10) day: cease and terminate. As to violations of the provisions of this agreement which cannot b remedied or corrected within ten (1 0) days, said agreement shall, at the option of the City, ceas and terminate upon the giving of such notice. In the event of any such termination for any of th1 reasons above mentioned, the City may take over the work in progress and prosecute the Sam1 to completion by agreement or otherwise for the amount and at the expense of the Contractor \ 6 0 0 , 14. All performance (which includes services, materials, supplies and equipmc furnished or utilized in the performance of this agreement, and workmanship in the performan of services) shall be subject to inspection by the City at all times during the term of t agreement. The Contractor shall provide adequate cooperation to any inspector assigned by t City to permit the inspector to determine the Contractor's conformity with these specificatiol and the adequacy of the services being contractually provided. All inspection by the City sht be make in such a manner as not to unduly interfere with Contractor performance. b. If any services performed hereunder are not in conformity with tl specifications and requirements of this agreement the City shall have the right to require tl Contractor to perform the services in conformity with said specifications and requirements at I additional increase in total contractual amount. When the services to be performed are of SUC nature that the difference cannot be corrected, the City shall have the right to (1) require tt Contractor immediately to take all necessary steps to ensure future performance of the servicc in conformity with requirements of the agreement and (2) reduce the contractual price to refle' the reduced value of the services performed. In the event the Contractor fails to perform tk services promptly or to take necessary steps to ensure future performance of the service conformity with the specifications and requirement of the agreement, the City shall have the rigt either (1) by agreement or otherwise to have the services performed in conformity with th agreement specifications and charge to the contractor any cost occasioned to the City that i directly related to the performance of such services, or (2) terminate this agreement for defaut 15. The Contractor shall perform the services provided for herein in Contractor's ow way as an independent Contractor and in pursuit of Contractor's independent calling, and nc as an employee of City. Contractor shall be under control of the Cii only as to the result to bc accomplished but shall consult with the City as provided for in this agreement. The Contract0 7 e 0 J is an independent Contractor of the City. The payment made to the Contractor pursuant to tl contract shall be the full and complete compensation to which Contractor is enfj\ed pursuant this contract. The City shall not make any federal or state tax withholding on behalf of 1 contractor. The City shall not be required to pay any workers’ compensation insurance on bet- of the Contractor. The Contractor agrees to indemnify the Crty for any tax or retiremE contribution payment which the City may be required to make on behalf of Contractor or a employee of Contractor for work done under this agreement. The Contractor shall be aware the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. See. 1101-152 and shall comply with those requirements, including, but not limited to verifying the eligibility 1 employment of all agents, employees, subcontractors, and consultants that are included in tt agreement. 16. Except for the manufacturers’ factory warranties, the Contractor disclaims i warranties with respect to materials supplied hereunder and further disclaims any and all liabili for failure to perform or delay in performance hereunder where the same is due in whole or part to any cause beyond Contractor‘s reasonable control, such as, but not limited to, fire, flooc earthquake, lightning, strike or other labor difficutty. 17. This agreement or any part thereof shall not be assigned by Contractor withot prior written consent of City. 18. This agreement may be amended or modified only by written agreement signe by both parties, and failure on the part of either party to enforce any provision of this agreemer shall not be construed as a waiver of the right to compel enforcement of such provision c provisions. 8 0 a 1 19. Fees shall be paid the Contractor according to information detailed in the propos in Exhibit A. Payment of fees shall be with thirty (30) days after receipt of invoice for servict from Contractor. IN WITNESS WHEREOF, the parties hereto have executed this agreement in the day ar year first above written. CONTRACTOR "(YXUDEX. LEWIS, Mayor Tifile SALES/MARKETING DIR BY /$kL/L T~~~FTET.T) S-ES -nrm ATTEST: ! ' , ,, tant City Cierk ': ' ." I 1 APPROVED AS TO FORM: RONALD R. BALL, City Attorney Q. L 3mr"di //*/7* 95- Deputy City Attorney 9