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HomeMy WebLinkAbout2004-013 Jack R. Bridwell Weed Abatement CITY OF ATPS I~R CONTRACT# .� �A79_9 City f Atascadero 1 Fire Department WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES OF CONTRACTOR This agreement is made upon the date of execution, as set forth below, by and between Jack R. Bridwell, a weed abatement contractor, hereinafter referred to as "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until June 4, 2005, or is terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants, as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B", hereby incorporated herein. 6005 LEWIS AVENUE—ATASCADERO, CA 93422—(805) 461-5070— FAX (805)466-2907 2.00 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business. 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement except those listed in "Tools and instrumentalities provided by City" attached hereto as "Exhibit C" and hereby incorporated herein. 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any Contractor and Contractor's employees or agents. 2.04 INDEMNIFICATION. Contractor hereby agrees to, and shall, hold City, it's elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed by, or action as agent for, Contractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 2.05 INSURANCE. Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective an appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of$500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $500,000 for each accident. (4) Worker's Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. b. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. 3 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 C. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability insurance shall name City as an additional insured with the Contractor. 2.06 REMEDY FOR CONTRACTOR'S ERRORS Contractor agrees to reimburse the City in a period of up to one year for errors that he creates in either the billing or work process. Upon identification that an error was made on the contractor's part, the abatement officer shall present the documentation, which explains the error to the contractor for reimbursement. The contractor shall provide reimbursement within 7 days of notification by the abatement officer for his portion of the abatement fee,plus the County fee for billing. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3.02 PLACE OF WORK: City agrees to furnish space for use by Contractor while performing the services described in this agreement only as set forth in "Exhibit D", hereby incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. 4 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 4.02 TERMINATION OF OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty(30) days as set forth in Section 4.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agreement or materially breach of any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on June 4, 2005 unless extended as set forth in this section. The City, with the agreement of Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. The condition of this contract is to abate those properties as identified and presented for City Council action on April 27, 2004 and work is to be completed prior to July 30, 2004. Any subsequent abatable properties discovered after July 30, 2004, will be forwarded to the contractor within the one year contract window. 5.00 SPECIAL PROVISIONS None 6.00 MISCELLANEOUS 6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 5 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or related to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6905 El Camino Real, Suite#6 Atascadero, CA 93422 Attention: Fire Department B. JACK R. BRIDWELL 11600 Viejo Camino Contractor Atascadero, CA 93422 6.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 6.08 BINDING EFFECT: This agreement shall be binding on and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 6 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 6.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect,unimpaired by the holding, legislation or rule. 6.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6.11 TIME: Time is expressly declared to be of the essence of this agreement. 6.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6.14 AMENDMENTS: Amendments to this agreement shall be in writing; and shall be made only with the mutual written consent of all of the parties to this agreement. 7 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 Executed on Nu, �6 t �'_ � , at Atascadero, California. ATTEST: CITY OF ATASCADE oj� By: In Okw MARCIA McCLURE TORGERSON, .M.C. fiAODEG. MCKINNEY City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR: e Y• A ROY(4. HANLEY ; ACK R. B WELL City Aktorney �ontractor j APPROVED AS TO CONTENT: RA HELLE RICKARD Director of Administrative Services g WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor agrees to complete the project consisting of destroying vegetative growth (noxious or dangerous weeds) or other flammable materials found upon or in certain lots and lands in the City of Atascadero, and the removal of tree branches, refuse and other waste materials, including clearance of drainage ditches as required by weed abatement regulations. 9 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 EXHIBIT B CONSIDERATION FOR SERVICES Bid No. 2004-006, as follows: Mowing large parcels (one acre or more) by tractor with operator, shall be the rate of $30.00 per %i hour, with the minimum time per job on any parcel or lot to be one-half hour. Hand work (weed-eater) on small lots or lots not accessible with a tractor, the cost shall be $50.00 per %i hour (entire 4-person crew), with the minimum time per job on any parcel or lot to be one-half hour. Hauling of debris from parcels to the landfill, the cost shall be as follows: PUBLIC RATES — CHICAGO GRADE LANDFILL Hauling: Removal of debris from parcel to landfill CONTRACTOR BID CONTAINER TYPES RATE SMALL TO MEDIUM LOAD Less than 1.7 cubicyards) 0 Gallon Trash Bag(s) $20 0-55 Gallon Trash Can(s) Small Pickup with Tool Box Partial Pickup Load Kort bed and Small Pickup Long bed Pickup with Tool Box Long bed Less Than Full Trailer Up to 7' Lon LARGE LOAD 1.7 to 2.8 Cubic Yards $30 Long bed Pickup Flatbed Pickup Flatbed or Trailer Longer than S' LOADS OVER 2.8 CUBIC YARDS Or over 10,000 pounds $45 rose vehicle weight)are weighed RECYCLING CHARGES Common household recycling items FREE Green Waste Wood Waste $20/load u to$45/ton Appliance with Freon $15 Appliance without Freon $20/load up to$45/load $15 per mattress or$20/set up Mattress Couch to$45/ton elevision or Computer Monitor FREE / $20.00 10 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 TIRES Passenger Car Tire $1.50 Passenger Car Tire (on rim) $4.00 Truck Tire(under 24.00 x 24) $7.00 Truck Tire(on rim) $10.00 Truck Tire(over 24.00 x 24) SEE OFFICE *First TV/Computer Monitor FREE; more than one will result in 20.00 charge COMMERCIAL RATES COMMERCIAL LOADS ARE RATE PER TON CLASSIFIED AS ANY LOAD OVER ONE TON OMMERCIAL $45.00 • Uncompacted FRANCHISED HAULER $45.00 • Uncom acted FRANCHISED HAULER $39.90 • Compacted IRES $60.00 • State Tire Hauler Permit required to haul more than 7 tires Chicago Grade Landfill Fees- The contractor pays these fees upon the delivery of each load. The City reimburses these costs when the original receipt is attached to the corresponding parcel worksheet. Chicago Grade Landfill Fees These fees are paid by the contractor at the delivery of each load, and will be reimbursed from the appropriate receipts, attached to the corresponding parcel worksheet. Photos: The contractor, upon being awarded the abatement contract, must provide evidence of insurance as per city requirement of Agreement for Service of Contractor. He/she must provide a digital camera to take a picture of each lot he/she cleans before and after work is completed. The digital photos are to include items to be removed, such as: weeds, refuse, appliances, or any other abatable material, as directed in the contractor's work order. Significant identified landmarks must also be included within the picture so as to confirm location. Before and after digital photos shall be taken from the exact place and direction, so as to include significant and identifiable landmarks, as defined by the Captains. The digital pictures must be placed on a CD (disc) and submitted to the City. This disk must meet city requirements and be compatible with their computer software. The file name for each digital picture must be the property's APN number indicating a `B' for "before" and an "A" for "after". All digital photos must be identified by parcel number, with an easel or dry erase board in the photo with the appropriate Assessor Parcel Number (APN) indicated. The APN indicated on the board must be clearly visible for payment As a bidder and Proof of work performed, you are responsible for all costs incurred to generate the required photos. 11 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 Payment: Calculated worksheets are to be submitted to the Fire Department Administrative Assistant by fiscal year: one for all work completed during the 2003-2004 fiscal year(June 5 —30), and another for 2004-2005 fiscal year(July 1 —31). The due dates of the calculated worksheets are time sensitive as listed below and must be adhered to: 2003-2004 (June 5 - 30)--------------- Due: July 1 2004-2005 (July 1 —29)--------------- Due: July 29 Year-round abatements are paid by calculated worksheet and invoice. Assurance: The contractor will hold the City harmless from any failure or inability to prove that the work was completed. The contractor will hold the City harmless from any errors or omissions of the contractor, even where those errors or omissions are discovered past the date of payment for work performed. Safety: Safety equipment to be provided as required by the City of Atascadero Fire Department. Each towing and/or crew vehicle must have installed, on board, one 2AIOBC fire extinguisher and two round-point shovels. Each tractor must have installed, on board, one 2 1/2 gallon water extinguisher and one 2AlOBC fire extinguisher. Prior to beginning work, the contractor must schedule an inspection of all equipment with the weed abatement officer at fire station one. Each tractor and weed eater must have spark arrestors, and be inspected for continuity. 12 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 EXHIBIT C TOOLS AND INSTRUMENTALITIES PROVIDED BY CITY 1) Map books 2) Work orders 3) Street marking 13 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 EXHIBIT D PLACE OF WORK 14 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2004-2006 87902-4-H - 4 H 6037F.11 CERTIFICATE OF INSURANCE Agent 7497 AFO 784 This is to certify that: State Farm Mutual Automobile Insurance Company of Bloomington, Illinois has coverage in force as shown below for the named insured. If the coverage is changed or terminated we will give 10 days written notice to: CITY OF ATASCADERO 6500 PALMA AVE ATTN CITY CLERK LEE RABOIN ATASCADERO CA 93422-7225 Description of Vehicle: 2004 FORD IFTPWI2594KC05046 LIABILITY-COVERAGE A Limits of Liability Bodily Injury Property Damage Bodily Injury and Property Damage each person each accident each accident Single Limit $ 100000 $ 300000 $ 50000 $ each accident This Certificate of Insurance does not change the coverage provided by the described policy. Named Insured BRIDWELL,JACK R o NPolicy Number L17 6945-B29-55J -Ma N Chief Executive Officer 0 Effective Date JUL 29 2004 Countersigned M 12:01 A.M. Standard Time (Year) 0 h By 6037F.11 Authorized Representative