HomeMy WebLinkAbout1993-091
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RESOLUTION NO. 93 9l
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SPECKTRUM ENGINEERING FOR THE
REMOVAL OF FIVE (5) UNDERGROUND STORAGE TANKS AND THE INSTALLATION
OF ONE (1) ABOVE-GROUND TANK TO BE UTILIZED BY THE FIRE
DEPARTMENT, IN ACCORDANCE WITH BID SPECIFICATION F-93-10.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
8 execute on behalf of said City an Agreement with Specktrum
9 Engineering for the removal of five (5) underground storage tanks
10 and the installation of one (1) above-ground tank to be utilized
11 by the Fire Department, in accordance with bid specification F-93-
12 10, a copy of which is attached hereto and incorporated herein,
13 marked Exhibit "A."
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SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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RES 93-91
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RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
SPECKTRUM ENGINEERING FOR THE REMOVAL OF FIVE (5) UNDERGROUND
STORAGE TANKS AND THE INSTALLATION OF ONE (1) ABOVE-GROUND TANK TO
BE UTILIZED BY THE FIRE DEPARTMENT, IN ACCORDANCE WITH BID
SPECIFICATION F-93-10.
I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held on the
5th
day of
April
, 1993, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
REILLY
~
HERNANDEZ
~
MAUDSLEY
x
MINOR
~
POPE-LUDLAM
x
MILLER
........x.-
of
The foregoing
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resolution is hereby approved ~s ~~,
, 1993. //
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WI R.C Hqlc6mb, Mayor /
City ofiSan Bernardino
day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
II
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RES 93-91
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AGREEMENT
This AGREEMENT is made and entered into by and between the
CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
called "CITY," and Specktrum Engineering, hereinafter called
"SPECKTRUM."
WHEREAS, CITY desires the removal of five (5) underground
storage tanks and the installation of one (1) above-ground storage
tank; and,
WHEREAS, CITY has developed Specifications Number F-93-10
for the removal and installation of said storage tanks; and,
WHEREAS, SPECKTRUM has submitted an acceptable bid on said
removal and installation of storage tanks;
NOW THEREFORE, for good and valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto agree
as follows:
1. SPECKTRUM shall complete in good and workmanlike manner
the removal of five (5) underground storage tanks and the
installation of one (1) above-ground storage tank in strict
conformance with the provisions of Specification Number F-93-10,
including SPECKTRUM's Proposal and Statement, a copy of which is
attached hereto and by this reference incorporated herein as
Exhibit "1."
2. CITY shall pay to SPECKTRUM the total sum of $29,770.00
in the manner specified in Specification Number F-93-10.
3. SPECKTRUM agrees to indemnify, defend and save harmless
THE CITY, its agents, officers and employees from and against any
and all liability, expense, including defense costs and legal fees
and claims for damages of any nature whatsoever, including, but
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RES 93-91
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not limited to, bodily injury, death, personal injury or property
damage arising from or connected with SPECKTRUM's operations, or
its services hereunder, including any workers' compensation suit,
liability or expense, arising from or connected with the services
performed by or on behalf of SPECKTRUM by any person pursuant to
this AGREEMENT.
4. In addition to insurance required pursuant to
Specification Number F-93-10, SPECKTRUM agrees to provide to CITY
evidence of workers' compensation insurance with statutory limits.
Failure on the part of SPECKTRUM to maintain required insurance
shall constitute a material breach of this AGREEMENT upon which
CITY may immediately terminate this Agreement.
5. SPECKTRUM agrees not to discriminate, nor allow any
subcontractor to discriminate against any employee on the basis of
race, color, creed, religion, national origin, ancestry, sex,
sexual orientation, marital status, physical disability, or any
other classification protected by law.
6. In the event that any provision herein contained is held
to be invalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severable from the
remainder of this Agreement and shall in no way effect, impair or
invalidate any other provision contained herein. If any such
provision shall be deemed invalid due to its scope or breadth,
such provision shall be deemed valid to the extent of the scope or
breadth permitted by law.
7. This Agreement shall not be amended or extended except
by written agreement approved by the Mayor and Common Council of
CITY and executed with the same degree of formality as this
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RES 93-91
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1 Agreement.
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8. No breach of any provision hereof can be waived unless
3 in writing. Waiver of anyone breach of any provision shall not
4 be deemed to be a waiver of any other breach of the same or any
5 other provision hereof.
6 9. This Agreement shall be governed by and interpreted in
7 accordance with the laws of the State of California.
8 IN WITNESS WHEREOF, the parties have executed this Agreement
9 on the
10
day of
, 1993.
SPECKTRUM ENGINEERING
CITY OF SAN BERNARDINO
By:
W. R. Holcomb, Mayor
Approved as to form
and legal content:
ATTEST:
JAMES F. PENMAN,
City Attorney
Rachel Clark, City Clerk
BY: L J ~
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