HomeMy WebLinkAbout1993-406
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RESOLUTION NO. 93-406
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
PAVEMENT RECYCLING SERVICES RELATING TO HEADER CUT AND COLD
PLANING SERVICES FOR STREET RESURFACING PURPOSES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO A FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute, on behalf of said city, an agreement between the City of
8 San Bernardino and Pavement Recycling Services, relating to Header
9 cut and Cold Planing Services for street resurfacing purposes, for
10 the total amount of $29,227.43. A copy of said agreement is
11 attached hereto and in corporated herein as Exhibit "A".
12 SECTION 2. The authorization to execute the above
13 referenced Agreement is rescinded if the parties to the Agreement
14 fail to execute it within sixty (60) days of the passage of this
15 Resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
1st day of
the following vote, to wit:
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meeting thereof, held on the
199 3
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November
by
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10-13-93
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93-406
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PAVEMENT
RECYCLING SYSTEMS RELATING TO HEADER CUT AND COLD PLANING SERVICES
FOR STREET RESURFACING PURPOSES.
AYES NAYS
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Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
ABSTAIN
ABSENT
Q~~
'- City Clerk
The foregoing resolution is hereby approved this "-tT'I\_
day of November , 199 ~
Approved as to form
and legal content:
James F. Penman,
City Attorney
By: ~t..-<.)
./
10-13-93
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~/ (,/,' / II/. ;1,,(,.
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Tom Minor, Mayor
city of San Bernardino
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Res 93-406
AGREEMENT
THIS AGREEMENT is entered into between',i'it!tjS~lJ;lft~l:!:~~!MtJ~l1!?!t!!
"."""""'__"'_"__".'_'_...___.d___._______
.....,.,,,..._,,......."M"'.......................... .............(" ,
~~~~~b~h~"'~~~~~~:;)i~..!i CONTRACTOR') and the CITY OF SAN
WITNESSETH:
A. WHEREAS, CITY has need for header cut and cold planning
services within the CITY and,
B. WHEREAS, CONTRACTOR is competent, experienced and able
to perform said services: and,
c. WHEREAS, CONTRACTOR has provided the lowest responsible
bid for the providing of such services;
NOW THEREFORE, the parties hereto agree as follows:
1. CONTRACTOR shall furnish header cut & cold planning
services to CITY in accordance with Bid Specifications F-94-09.
2. Over the term of this Agreement, CONTRACTOR shall be paid
for such services an amount in accordance with Bid Specification
F-94-09 Bidder's Proposal and Statement.
3. CONTRACTOR shall provide the Public Services/Street
Department with a monthly invoice in arrears and shall be provided
payment within thirty (30) days therefrom. CITY retains the right
to challenge all or any part of an invoice.
4. The term of this Agreement shall be one (1) year from the
date first above shown.
s. CONTRACTOR agrees to defend, indemnify, save and hold
CITY, its officer, agents and employees harmless form any claims or
suits that may be brought by third persons on account of personal
injury, death or damage to property or a property or business or
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93-406
personal interest, arising from any negligent act or omission by
contractor while performing services under this Agreement.
6. While not restricting or limiting the foregoing, during
the term of this Agreement, contractor shall maintain in effect
policies of comprehensive public, general and automobile liability
insurance, in the amount of $1,000,000.00 combined single limit,
and statutory worker's compensation coverage, and shall file copies
of said policies with the CITY'S Risk Manager prior to undertaking
any work under this Agreement.
7. CONTRACTOR shall perform work tasks as directed by the
Public Services/street Department, but for all intents and purposes
contractor shall be an independent contractor and not an agent or
employee of the CITY.
8. In the performance of this Agreement and in the hiring and
recruitment of employees, contractor shall not discriminate on the
basis of race, creed, color, religion, sex, physical handicap,
ethnic background or country of origin.
9. Any notice to be given pursuant to this Agreement shall be
deposited with the united States Postal Service, postage prepaid
and addressed as follows:
TO THE CITY:
Jim Howel, Asst. Director
Public Services/Street
300 North "0" Street
San Bernardino, CA 92418
TO THE CONTRACTOR:
pl:ivi1hli~fifiRiii\1Hia&IhiiisWlif€i1lil&jIDn6k
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93-406
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Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
Date: .4fl2!l!;fW~il1t?ft;~f'..f'.'ff.'.'
:'-'-':'-',~",;,:,,:"':";:';:':":::':"';':..:::!):::::'...;.;:;.;.,;;:;.,.;:.;..,.,...,.;;;:':.:.:'..'.....
BY:~~~~!~r~~j~vI~
CITY OF SAN BERNARDINO
Date:
NOV - 4 \99
~. . ) I, '
By :__---r>/fY \ I { f( i cd.' "-
:tom Minor, Mayor
City of San Bernardino
~~~
Rach\u Clark, City Clerk
Approved as to form
and legal content:
James F. Penman,
City Attorney
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