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HomeMy WebLinkAbout2002-05-07; City Council; Resolution 2002-1341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. z -4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. ACCEPTING A BID AND AUTHORIZING THE ABATEMENT SERVICES. EXECUTION OF AN AGREEMENT FOR WEED AND RUBBISH WHEREAS, the City of Carlsbad requires the services of a weed and rubbish abatement contractor; and, WHEREAS, proper bidding procedures have resulted in the receipt of bids from qualified contractors; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The bid of Powerland Equipment, Inc., 27943 Valley Center Road, Valley Center CA 92082 is hereby accepted. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute a contract for these services, a copy of which is attached hereto, for and on behalf of the City of Carlsbad for a period of three (3) years with the option for the City Manager to extend for one (1) additional (1) year period, 3. The Purchasing Officer is hereby authorized and directed to execute a purchase order for these services. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of MAY , 2002, by the following vote: AYES: Council Members Lewis, Nygaard, Hall NOES: None ABSENT: Council Members Kulchin, Fi bRRAIN@. WOOD, City Clerk , (SEAL) AGREEMENT FOR WEED AND RUBBISH ABATEMENT SERVICES POWERLAND EQUIPMENT INC. THIS AGREEMENT is made and entered into as of the /6 7-# day of corporation,' ("City"), and POWERLAND EQUIPMENT INC., a corporation, ("Contractor"). /v1 &Y , 2002, by and between the CITY OF CARLSBAD, a municipal RECITALS A. City requires the professional services of a contractor that is experienced B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its in weed and rubbish abatement. services and advice related to weed and rubbish abatement. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill c&tomarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. - TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written, subject to the annual appropriation of funds by the City Council. The City Manager may amend the Agreement to extend it for one (1) additional one-year period or parts thereof in an amount not to exceed Forty-Two Thousand Two Hundred and Ninety-Nine Dollars ($42,299.00) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. w 1 City Attorney Approved Version M5.22.01 5. COMPENSATION The tntal fee Davable for the Services to be Derformed during each year of the initial . . . - " . . - - Agreement term will be Forty-Two Thousand Two Hundred and Ninety-Nine Dollars ($42,299.00). subject to the annual appropriation of funds by the City Council. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". I- ~ . 6. STATUS OF CONTRACTOR Contractor will perform the Services 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 will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 2 City Attorney Approved Version M5.22.01 9. INDEMNIFICATION Except as to the sole negligence or willful misconduct of City, Contractor will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney's fees, which arises out of, or is in any way connected with the performance of, the Services by Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding that City may have benefited from their services. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to~property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverases and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3 City Attorney Approved Version #05.22.01 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000.000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice ' to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 4 City Attorney Approved Version #05.22.01 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and acivities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all~claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv: For Contractor: Weed Abatement Officer Carlsbad Fire Department Fire Protection Services 1635 Faraday Avenue Carlsbad CA 92008 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conhct of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, 5 City Attorney Approved Version M5.22.01 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version #05.22.01 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea, the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor 7 City Attorney Approved Version #05.22.01 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill 8 City Altorney Approved Version #05.22.01 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. POWERLAND EQUIPMENT INC. CITY QVCARLSBAD, a m&iPal *By: If required by City, proper notarial acknowledgment of execution by confractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. 'Group A. Chairman, President, or Vice-president "'Group 6. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the ofticer(s) signing to bind the corporation. .?:a13 ~f ^,elifornl8 APPROVED AS TO FORM: RON&=Q,R. BALL, City Attorney 9 EXHIBIT “A ’ SCOPE OF SERVICES AND CONTRACTOR’S BID Description of the weed abatement proqram 1. For purposes of fire safety, a Weed Abatement Program has been established by the City of Carlsbad to facilitate removal of nuisances in the form of dry weeds and rubbish from vacant parcels throughout the city. 2. Under the authority of the California Government Code and through resolution by the City Council of the City of Carlsbad, the Fire Chief has been named to enforce the laws and to be responsible for administering the Weed Abatement Program, and is also given the authority to designate assistants to aid in the administration of the program. 3. The removal of fire hazards or fire nuisance as described in the Government Code will be accomplished by discing under, mowing, removal by hand labor, hauling, by any combination of the aforementioned operations or any other approved method that is included within the scope of the contract and approved by the Fire Chief. 4. The Weed Abatement Program includes the maintenance of approximately 70 acres of City owned property referred to as Hosp Woods. Maintenance may include the removal or modification of ground fuels such as grass, weeds, brush, trees less than three inches in diameter, fallen branches, tree foliage within six feet of the ground, rubbish, illegal structures, and maintenance of access roads. 5. The abatement program on Private lots will commence no later than May 15, 2002 and shall terminate on July 15, 2002. The abatement program on City lots may be directed anytime during the duration of the contract. Administration of the proqram 1. Under the direction of the Fire Chief, the Fire Marshal will administer the Weed Abatement Program. 2. The Fire Marshal and a Weed Abatement Inspector will organize the program and supervise the cleaning operations. Proqram specifications 1. General a. b.. C. d.. e f. 9. h. I. I. j. The method and amount of abatement must be authorized by the inspector prior to commencement of work on a parcel. Abatement work on each parcel shall be considered complete when the inspector determines that work performed conforms to specifications contained herein and any special instructions provided to the contractor prior to commencement of work. All special cleaning instructions pertaining to a specific parcel shall be provided by the inspector, to the contractor, in writing prior to commencement of work. The inspector shall provide written approval of work upon completion. All manpower will be furnished by the contractor. Each worker .will be in good health, properly attired and equipped with appropriate protective devices and tools. Supervision of hand crews will be furnished by the contractor at his own expense. All supervisors must be experienced and must speak and understand English. The size of the crew assigned to perform work on a specific parcel is subject to approval by the inspector. It will be the responsibility of the contractor to keep an accurate accounting of the names, dates, locations, duration and type of labor performed by workers under his employ. The contractor will provide an accurate report of the cost of work performed on each parcel. Reports shall be submitted on forms provided by the Fire Department. Hourly rates will be calculated to the nearest minute and rounded up or down to the nearest 114 hour (15 minute increments). Wherever practical and unless otherwise specified, discing is to be considered the primary method of abating weeds. The inspector may require alternative abatement methods when in his opinion discing may result in erosion of soil or other environmental degradation. The contractor is responsible for the policing of and removal of litter left by workers at site. k. Contractor must be able to identify and locate parcels by using Assessor's Parcel Number and be familiar with City of Carlsbad maps. I. Contractor must verify experience with projects that involve wildland interface mitigation or fire suppression zones. Experience must include conditions that are similar to or originate from US. Fish and Wildlife Service, California Department of Fish and Game, IFCl Urban Wildland Interface Code or California Coastal Commission. Experience shall be submitted with and attached to bid form for verification, including referrals. m. Contractor must have knowledge of native vegetation and modifying of it and must verify this by a field exercise prior to contract being awarded. n. Disposition of cut or trimmed material must be approved for each site prior to removal or mulchinglchipping. 2. Discing a. Abatement by discing shall be accomplished by means of a double-throw disc operated at sufficient depth to place all weeds under the soil surface. Perimeter weeds left standing shall be cut by handwork, mulched or removed from the property. b. Discing shall be performed in a manner that eliminates all standing weeds. c. When it is the opinion of the inspector that soil conditions are such that routine discing methods are ineffective, cross discing may be required to eliminate the hazard. When the inspector determines that cross discing fails to properly reduce the hazard, it shall be the responsibility of the contractor to provide the proper equipment to accomplish the task. 3. Mowing a. When, in the opinion of the inspector, discing of a property is impractical or undesirable, mowing may be chosen as the method of abatement. Vegetation shall be cut to a height not more than four (4) inches from the soil surface and laterally, no farther than 18 inches from property lines and/or structures. Perimeter weeds left standing shall be cut by handwork, mulched or removed from the property. b. All tractor mowers shall be rubber tired and equipped with safety shields to prevent or reduce the throwing of rocks or other material that could result in injury or damage to persons or property. c. All tractors are to be equipped with an approved exhaust spark arrestor, an approved Class "A" fire extinguisher, and a shovel. 4. Blading a. Where the nature of the terrain and/or soil make it impractical to disc or mow, blading or scraping by an approved means may be considered as an alternative method of abatement. b. Blading will be done only at the discretion of the inspector and will be accomplished without significant movement of soils, or alteration of natural drainage. 5. Hand labor a. b. C. d. e. Whenever it is impractical by reason of topography, nature of soil, location of trees Shrubbery, buildings, fences or type of vegetative cover to disc or use a tractor mower, the Fire Department may require removal or thinning of material by means of hand tools. The amount of hand labor to be performed upon any parcel shall be specified by the inspector prior to commencement of work. The contractor shall furnish all hand tools, power equipment and safety equipment needed to accomplish the specified work in the most expeditious manner. Suitable trucks, with high sides for hauling, are to be provided, operated, and maintained at the expense of the contractor. The material cut by hand labor shall be disposed of by discing under, mulching, chipping or removal to the nearest landfill. Charges for the removal of cut material from any parcel may be computed on a per hour basis or a per ton basis as specified in the bid proposal. 6. Rubbish removal a. When rubbish, trimmings, or other combustible materials present upon a parcel constitute a fire hazard or nuisance, the inspector may order the contractor to abate the hazard by removing the material to the nearest landfill. b. The inspector shall estimate to the nearest 1/4 ton, the amount of rubbish removed from each parcel. The contractor will submit a billing for each parcel indicating that amount, and the charge, based upon the “Flat rate per ton.” 7. Equipment a. b. C. d. e. f. 9. h. The primary tractor used for discing, mowing or blading shall be a four wheel drive or a track-layer type of the size and horsepower equivalent to that of a D-4 Caterpillar and be capable of pulling a double throw disc. For mowing purposes, a double bladed 6’ Woods or Brushhog or equivalent mowing attachment shall be used. All tractors will be equipped with an approved exhaust spark-arrestor, an approved class A fire extinguisher and a shovel. All tractors and equipment must be in excellent mechanical condition and the primary tractor must be less than five years old. All equipment is subject to inspection and approval by the Fire Department prior to awarding the contract. All tractors and equipment will be operated by qualified cooperative and . experienced operators and will be maintained by the contractor at his own expense and on his own time. The disc used shall be hydraulically controlled, easily moved and loaded, and shall be maneuverable in confined spaces. It shall be a heavy-duty type, capable of accomplishing a thorough mixing of soil and weeds. The disc must be in good mechanical .condition and shall be equipped with blades not less than twenty (20) inches in diameter. The truck (transport) for hauling the tractor and disc shall meet all vehicle code requirements and shall be capable of safely negotiating all roads to and from job sites. Transport trailers shall be equipped with a tilt bed to facilitate loading and unloading of equipment. Vehicles will be maintained in a condition that reduces the possibility of mechanical malfunction and subsequent delay of abatement operations. Vehicles will be maintained at the expense of the contractor during other than working hours of the contract. When necessary, in the opinion of the inspector, the contractor shall, provide flagmen for safe loading and unloading of equipment, at no expense to the city. At least three (2) tractors, two (2) discs and one (1) truck transport must be available daily, owned by the contractor, and within the City limits for use by the contractor to ensure that the abatement program demands can be satisfied in the allotted time. All tractors’ must be 4-wheel drive. One 4- wheel drive tractor must be a low profile, minimum 45 horsepower and capable of maneuvering in close quarters. Terrain and adverse weather conditions may require the contractor to rent a track-layer type tractor for certain lots to accomplish the abatement and for the safety of the driver. I. A minimum of three line trimmers and three chain saws shall be available for use gasoline powered and of heavy-duty construction. All guards and other safety features must be in place and operating in accordance with the manufacturer‘s instructions. j. Operations may be suspended at any time by the inspector should it be determined that the contractor fails to conform to the conditions of this section. k. Contractor must have equipment to be able to reduce on-site material less than 4” to mulch or chips. I. All operators shall be experienced in operating equipment in uneven terrain and in adverse conditions. Operators must pass test prior to contract being formally awarded. - City of Carlsbad BID NO. 16 ISSUE DATE: March 5,2002 OPENING: MARCH 28,2002 11 :00 AM FOR: ANNUAL CONTRACT FOR WEED & RUBBISH ABATEMENT SERVICES The City of Carlsbad is requesting bids for weed and rubbish abatement services per the conditions and specifications below and attached. All bids are to be entered on the enclosed bid proposal form and worksheets. If more space is needed, extra sheets may be attached. All entries must be in ink or typed. Any mistakes must be crossed out and the new correction entered. The correction must be initialed by the person submitting the bid. A sample agreement is attached for your information. The successful bidder will be required to execute a similar document before award of bid. Please be sure to review Exhibit "A to the agreement. All items - must be complefed to be responsive, including bid proposal, list of equipment, list of references and list of subcontractors. Return the entire proposal package to the office of the Purchasing Officer, Faraday Administration Center, 1635 Faraday Avenue, Carlsbad. CA 92008. before March 28. 2002, 11:OO'AM at which time they will be opened and read. Read the attached specifications and general provisions carefully; they are part of your bid. By submitting a bid, the contractor is agreeing to the following: . You are aware of the demands of the work program and local conditions affecting the same, the instructions to bidders, the detailed plans and specifications for the work set forth in the official publications and submit herewith the following schedule of prices. - If awarded the contract, you agree to begin work on privately owned parcels no later than May 15, 2002 and to complete it by July 15, 2002. You also agree to perform work on City owned parcels when directed by the Fire Chief or his designee. The City resekes the right to reject any or all bids or any part of the bid, to waive minor defects or technicalities, or to solicit new proposals on the same project or a modified project. Direct questions of a technical nature to Kelly Collier at 760-602-4660. Direct questions about the bid process in general to Kevin Davis at 760-602-2466. 3c-c A~=noje Carlsbad. CA 92008-7314 - (760) 602-2460 - FAX (760) 602-8556 BID NO. 16-ANNUAL AGREEMEmFOR WEED AND RUBBISHA~AT~~TSERVIC~ PAGE 3 BID ITEM SCHEDULE (Review attached information before cornpletinq) - RUBBISH $ 175.00 $ 3.50 50 cu. yards Material Clean Green Quantity HAULING Total Cost Cost per Yard Est. General Refuse 50 cu. yards $ 4.00 $ 200.00 Subtotal $ 375.00 BID NO. 16- ANNUAL AGREEMEhTFOR WEED AND RUBBISH ABATEMEhTSERVICES OTHER TASKS Est. Quantity MULCHING 300 cu yards I CHIPPING 1 cu. yard HAND LABOR (inc. removal of cut materials) 531 man hours HAND LABOR LABOR (inc. removal of cut materials) 800,000 sq. ft. Blade Work (inc. operator and equipment) 10 hours Tractor Mowing (inc. operator and equipment) 10 hours Unit cost $ 8.00 $ 8.00, $ 22.50 (Per man. Der hour) $ -028 (Per square foot) $ 45.00 (Per hour) $ 30.00 (Per hour) Subtotal PAGE 4 Total Cost $ 2400.00 $ 8.00 $ 11947.50 $ 22400.00 $ 450.00 $ 300.00 $37505.50 GRAND TOTAL BASED ON ABOVE ESTIMATES $ 42299.50 Fax Firm POWERGAND EOUIPMENT. mc. Number 760-749-741 3 OPENED, WITNESSED AND RECORDED: Address 27943 VXLEX cmm RD. [GUARANTEE OF GOOD FAITH Print Name MALCOIM SMITH REQUIRED: $ NONE (FAILURE TO SUBMIT GUARANTEE OF GOOD Title =IDm Date 3/25/02 FAITH, WHEN REQUIRED, WILL VOID THE QUOTE. SEE ITEM 3, PAGE 2, Area Codelphone 760-749-1271 GENERAL PROVISIONS.] THE CITY OF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINORITY- AND WOMEN-OWNED BUSINESSES. BIDNO. I~-ANNUAL AGREEMEWFOR WEEDAND RUBBISHABATEME~VTSERVICES Instructions to bidders PAGE 5 1. Examination of specifications. The bidder shall carefully examine these and attached specifications. It is agreed that submission of a proposal shall be considered “conclusive” evidence that the bidder has made such examination. ; 2. Quantitv of Work. The estimated quantities of work indicated in this bid are approximate only, being projected solely as a basis for comparison of bids. The city does not expressly nor by implication agree that the actual amount of work required will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work, or to omit portions of the work as may be deemed prudent by the Fire Chief. 3. Parcel area desianations for discinq and mowing, Lots or parcels are categorized by area and designated by means of the capital letters A through E. Some parcels will require only partial abatement or fuel breaks to comply with the standards of the Fire Department. The area abated will be measured and the appropriate designator applied. Designator Area to be abated A parcel 1 to 7.500 sq ft B parcel 7,501 to 15,000 sq ft C parcel 15,001 to 30,000 sq ft D parcel 30.001 to 43.559 sq ft E parcel One acre or multiples of one acre. 4. Historical analvsis of abatement activity ~ ~ ~~ Following is a projection of the volume of activity anticipated in each of the various abatement method categories. This projection is based upon a wide range of experience in each category for four years. It is not intended to guarantee minimum or maximum activity in any category. Weather conditions prior to or during the abatement period may result in extreme variations of activity volume in any of the categories. Discing and mowing figures represent the average number of parcels involved for the previous four years. Figures in other categories are ranges based on actual experience during the same four years. BID NO. I~-ANNUAL AGREEMENTFOR WEEDANDRUBEISHABATE~ENTSERVICES PAGE 6 a. Discing PARCEL DESIGNATIONS Number of Parcels A 5 D 9 C 2 B 0 E (acres) 26 b. Mowing PARCEL DESIGNATIONS Number of Parcels A 1 D 4 C 2 B 12 E (acres) 26 Hours = 33 c. Blading Number of Parcels: 0 to 5 d. Hand Work Total Sq. Ft.: 800.000 to 850.000 Per Hour: 531 e. Rubbish Hauled 50 to 100 cubic yards f. Mulching ~~ ~ g. Chipping 100 to 300 cubic yards None -~ __ - Equiwnent available describe type and size "PLmE SEE A'ITACIED FOR AVAILABLE ECXJIFVENF (y DIwm B~EZ 1760) 749-1271 dk 27943 Volley Center Road, Volley Center, Californio 92082 FAX (760) 749-7413 State Contractor's Lic. # 303356 1-800-33-MOWER ".sl€." CITY OF CARLSBAD /WEED AND RUBBISH ABATEMENT SERVICES RE: AVAILABLE EOUIPMENT FOR BID # 16 Super-duty type dump trucks. 2001 J.C.B. Load all with grapple bucket which has the capability of picking up irregular shaped objects such as fallen tree limbs, automobile parts, carpet, etc. 1997 Peterbilt Roll-off truck with 44 yard bins for economical transfer of greenwaste and debris to closest landfill. 1988 Mercedes 1419 Semi-truck with hydraulic dump bin and Auxiliary vacuum unit. 2001 Massey Ferguson 7500 with articulated loader and grapple bucket. 1998 Massey Ferguson 6150 4WD tractor with loader and 20' Rhino flex-wing mower . 2001 TV 140 New Holland 4WD tractor complete with B8181 long reach flail mower. 1999 Massey Ferguson 4255 4WD tractor with loader and long reach hydraulic boom mower. (2) 1994-95 John Deere 2355 4WD tractors with 8' rear mounted flail mower. 1992 276 Versatile 4WD tractor with hydraulic mower. 1990 Hesston Model 70-75 Crawler tractor complete with 8' heavy duty flail mower. 1992 Hesston 70-90 4WD tractor with loader and rear mounted flail mower. 1991 Hesston 60-66 tractor with loader and mid mount mower. 2002 John Deere 5410 4WD tractor with grapple bucket and rear mower. 15.) 2002 John Deere 4700 4WD with grapple bucket AVAILABLE EQUIPMENT CONTINUED ...... 16.) 2002 6x4 John Deere Gator with Vacuum unit 17.) Sundance Chipper, industrial size complete with conveyor belt and loading hopper. *Please Note: Powerland Equipment, Inc. not only operates our equipment on a daily basis but are also dealers for the aforementioned as well, therefore enabling our crew(s) an unmatched inventory ofgreen waste management equipmen:for our immediate use. We offer a host ofcommercial, heavy duty mowing and chipping machines which are here on the premise ai our disposal ifneeded at anytime. BID NO. 16- ANNUAL AGREEMENTFOR WEEDAND RU8BlSHABATEMENTSERVlC~ PAGE 7 List Subcontractors (if any) by name complete address and telephone number: References: The bidder is required to state what work of similar character to that which is included in the proposed bid helshe has successfully performed and give references, includingcontact names and telephone numbers, which will enable the City to judge hislher responsibility, experience and skill.