Loading...
HomeMy WebLinkAboutContracts & Agreements_2-1980_CCv0001.pdf CONTRACT FOR WEED ABATEMENT AND WASTE REMOVAL, THIS AGREEMENT made and entered into this 15th day- of January, 198P_ , by and between the CTS'' OF REDLANDS, a municipal corporation of the State of California, hereinafter called "City", and Douglas Holman address Highland, a:liforn .a: Cal .forniaj hereinafter called "Contractor" . ,The City and the Contractor agree as follows 1 . The Contractor hereby agrees to furnish all labor, materials and equipment for the disking, mowing, and removing of all weeds, grasses and waste material in the manner and at the locations as specified in Exhibit 1, attached hereto and made a part of this contract. 2. The complete contract includes . (a) Specifications for weed abatement and waste removal, (b) the Contractor' s bid or proposal, (c) equipment required, and (d) this agreement. These contract docu - ments are intended to be correlative and: constitute the Contractor' s performance obligations . The specific terms and conditions included in the aforementioned contract documents and shall be controlling in questions of interpretations 3 . The Contractor shall perform or personally supervise the work under this contract at the titres and places designated by the. Fire Chef, City of Redlands, or his designated representative. Upon contractor' s failure to comply with any of the terms and conditions of this contract, the city may cancel the contract upon: giving contractor 10-da.ys written: notice of its intention to cancel . Such notice may be served personally upon. the contractor, or mailed by registered letter to the following address . 4. The term of this contract is a period of two (2) years cob encing January 1, 1980 and terminating on December 31, 1981 5. Prior to the execution of the contract by the city, the contractor shall secure and maintain during the life of the con- tract such public liability and property damage insurance as shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by itself or by anyone directly or in- directly employed by it. The amounts of such insurance shall be as follows: Public liability insurance in an amount not less than $100 ,000 for 'injuries, including accidental death, to any one person and subject to the same limit for each person in an amount not less - of one accident and -roperl--y damage insurance than ly-100 ,000 on accounA in an amount not less than $50,000 . Policies or certificates in a form acceptable to the City evidencing the above required coverage shall be filed with the City and shall include the City as an additional insured. Said policies shall be in the usual form of public liability insurance, but shall include the following provisions: The unqualified word "insured" wherever used in this policy, also includes the City of Redlands, California, but solely as respects any liability arising out of the operations of the above named insured. It is further agreed that such insurance as is afforded by this policy to the City of Redlands California, as additional insured under this policy, shall be primary insurance and not contributing with any other insurance available to the City of Redlands, California, under any third party liability policy. It is further agreed that the "other insurance" condition of this policy is amended to conform therewith. The policy shall not be cancelled or coverage reduced without thirty days ' prior written notice to the City of Redlands . 6. The Contractor shall provide and maintain adequate Workmen' s Compensation Insurance as is prescribed by law to cover all employees and workmen for all work performed under this contract. 7 . The City will require the Contractor to furnish a performance bond in the amount of $2, 500. 00 to reimburse the City in the event extra costs are incurred due to Contractor' s failure to comply with the terms of this contract. EXHIBIT I TO CONTRACT FOR WEED ABATEMENT AND WASTE REMOVAL SPECIFICATIONS FOR WEED ABATEMENT AND TIASTE- REMOVAL A. GENERAL SPECIFICATIONS 1. Definitions a. The term "Fire Chief" when used herein shall mean the Chief of the Redlands Fire Department or his authorized representative. b. Parkway - is that area between the curb or street and an improved sidewalk. C. Improved sidewalk - is a sidewalk of concrete, asphaltic concrete, or decomposed granite provided, however, that a sidewalk of decomposed granite be one where a definite sidewalk has been constructed between borders - not just a path. d- Approved disposal site - is the City' s sanitary fill, any San Bernardino County landfill, a scrap metal dealer, or any private dump] provided, how- ever, that prior approval must be secured from the Fire Chief before any private dump or scrap metal dealer may be used. 2. The main abatement season (normal disking of vacant properties) will commence on or about April 1, of every calendar year and continue on a 5-day per week basis until completion. The work under this contract shall be done only during regular hours of operation of the offices of the City of Redlands, Monday through Friday, 8 :00 a.m. to 5:00 p.m. except for such changes in schedule as the Fire Prevention officer shall authorize and approve. The main season will end on or about June 15 of each calendar year. The secondary abatement sea- son will commence after the main season has ended and continue as needed. Abatement work must be completed within 20 calendar days after being ordered by City, unless a time extension is granted in writing by the Fire Chief or his authorized representative- 3. The work to be done under this contract is maintenance as defined in the California Government Code, Section 14104.5. The dispersal of parcels to be cleared and the intimate relationship of parcels and adjoining residential units makes careful and full-time supervision necessary. The contractor shall be an individual whose full-time primary vocation is the operation of equipment in the accomplishment of disking and trucking and the supervision of laborers. Further, the contractor must be an individual who personally participates in the work accomplishment he is supervising to facilitate constant coordination with city staff members. 4. The abatement of weeds and removal of waste material from improved property, normally the work of a crew of men with hand tools, will be done at such times and at such locations as shall be directed by the Fire Chief through- out the contract year. . 5. The City of Redlands, its officers and employees, shall not be liable for any loss, damage or injury of any kind or nature as may arise out of any acts, duties, obligations , or failure to do or perform any such acts, duties, or ob- ligations on the part of the contractor, his agents, sub- contractors, or employees, under this contract; not for any material or equipment used in performing the work; nor for injury or damage to any person or persons; either workmen or the public; nor for damage to adjoining property from any cause whatsoever during the progress of the work or any time before final accleptance. The Contractor shall indemnify and save harmless the City of Redlands, its officials and employees from any suits, claims or actions brought by any person or persons for, or on account of, any injuries or damages sustained or arising in the construction of the work or in consequence thereof. The Contractor will be expected to process and consider all claims for damage or injury in a courteous manner and as promptly as conditions warrant. 6. The Contractor shall keep himself fully informed of all existing and future State and National laws and all Municipal Ordinances and Regulations of the City of Redlands which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall comply with the same. 7 . The Fire Chief shall decide all questions which may arise as to the quality or acceptability of work performed, and as to the manner of performance and rate of progress of the work and all questions which arise as to the interpretation of the specifications. It is agreed that all work done by the Contractor and his employees is subject to ac- ceptance by and final approval of the Fire Chief. 8. All dirt or refuse deposited upon public sidewalks, private sidewalks, curbs and gutters as a result of the Contractor's operations shall be thoroughly cleaned and swept as the work progresses . 9. The unit of measurement for the contract work shall be the -unit lot or square foot as specified in the contract and bid. Whenever square footage is the unit of measure- ment it shall be to the nearest 100 square- feet. Payment for cleaning parcels of land parkways will be made on the unit or square foot basis as per contract or by hour, whichever is cheaper. It will include full compen- sation. for furnishing all labor, materials, tools and equipment, and doing all the work necessary. Payment for waste material hauling will be based on a load cost which includes loading as per contract. The Contractor will be responsible for payment of minimum dump charges. The Contractor will bill the City for all dump 'Charges on all loads above the minimum dump charge. The Contractor will furnish the Fire Chief copies of all weight slips for all loads delivered to the dump. 10. All equipment and tools are to be furnished, fully operated and maintained by the Contractor, as per Exhibit III. There will be no extra charge made to the City for same. All fuel, materials, supplies, etc. , are to be furnished at no extra charge to the City. B. DETAILED SPECIFICATIONS 1. Disking Parcels of land shall be disked with an approved offset disc, at a sufficient depth to place the weeds under the finished soil surface. Disking shall be performed in such a manner as to completely eliminate all standing weeds. If there is no improved sidewalk that portion of the land usually designated as sidewalk and/or parkway is to be part of the lot or parcel of land and shall not be considered separately. Disking is to be done as close to sidewalks , fences, curbs, streets, and obstructions as is possible and practical. 2. Mowing When in the opinion of the Fire Chief other methods of weed abatement are not practical, or may prove unsatisfactory, weeds shall be cut to within one inch of the finished soil surface with an approved mechanical mower. Cuttings shall be raked and disposed of each day at an approved disposal area, unless the cuttings can be disposed of in some other approved manner. Mowing shall only be done when so directed by the Fire Chief. 3. Handwork Whenever it is impractical by reason of topo- graphy, trees, shrubbery, fences, buildings, or similar conditions to disk weeds; or machines, or other large equipment in a confined area; the weeds shall be removed by a hand crew employing hand tools such as hoes, rakes, shovels, commercial mowers, and the like. All materials accumulated by the hand crew in their op- eration shall be hauled to an approved disposal area. 4. Waste Material Whenever it becomes necessary to remove any waste material from any parcel of land the Fire Chief shall be notified and he shall authorize such work as it is deemed necessary. All waste material shall be hauled to an approved disposal area. Whenever possible, the waste material is to be hauled before any weed abatement work is done on the premises. S. Payment for work completed and accepted will be made fifteen (15) days after the start of the main weed season and at fifteen (15) day intervals thereafter. Invoices in duplicate shall be submitted to the Fire Department. After approval, they will be processed for payment. The City agrees to pay the con-- tractor in accordance with the prices contained in the proposal of the contractor entitled: "Firm Prices for Weed Abatement and Waste Removal Work" dated January 15, 1980 a copy of which is attached to this contract, marked Exhibit III, and made a part hereof. 9. Business Licenses The contractor awarded the contract must possess a current City of Redlands business license. IN WITNESS WHEREOF the parties hereto have caused. this agree- ment to be duly executed on the day and year first above written_ CITYOF REDLANDS, a municipal Corp. By 1L4- City manager CONTRACTOR By ATTEST: In 6� C it eC�Wr k APPROVED FOR FORM: sl Edward F. Taylor �Ity'Attorney EXHIBIT II TO' CONTRACT FOR. WEED ABATEMENT AND WASTE REMOVAL Redlands Fire Department Fire Prevention Bureau Prices for Weed Abatement and Waste Removal Work- 1980-1981 DBA Date Address 4,3 q.,T Lot Size in Square Feet Discing Mowing 0 - 7,500 - Class A5 �; —_ 7, 500 - 15,000 - Class B 15,000 - 30, 000 - Class C # , 30, 000 - 1 acre - Class D -- Acreage - Class E 4 ,-- peracre A toa 1�;_ -- Percccr� 5 acres and over .P,er•t.cri' 5, -- i2e ra-c kw- Cleaning Dead Orange Groves ,per hour lqS",.00 Parkways, Minimum charge IS. Parkways, per hour charge Dump truck truck. 7 cu. yd. per load, includes loading Hand Mower per hour -- Hand Work (labor and tools) per hour Chain Saw and operator per hour4- 1j5,' -- Skiploader with 314 cu. yd. 3A.-- bucket per hour Rubber tired tractor, per hour '. -- Tracklaying tractor, per hour Ar 3 0,-- Contr for By All cleanups of vacant houses include 1 pick-up load at no extra charge . EXHIBIT III TO CONTRACT FOR WEED ABATEMENT AND WASTE REMOVAL Redlands Fire Department Fire Prevention Bureau Equipment that may be needed for contracted work: 1 Tracklaying Tractor and Disc 2 Rubber Tired Tractor and Disc 1 Skiploader - minimum 3/4 cubic yard bucket 1 Dump Truck - 7 cu. yd. minimum 1 Chain Saw 2 Tractor Mounted r-lowers 2 Heavy Duty Weed Chopper (Hand Mower) Al2 necessary hand tools