HomeMy WebLinkAbout1982-1901 RESOLUTION NO. 82-140
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
!EXECUTION OF AN AGREEMENT WITH ED MARTIN'S DISCING RELATING TO
3 TWEED ABATEMENT SERVICES IN THE CITY.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 ;authorized and directed to execute on behalf of said City an
8 lAgreement with Ed Martin's Discing relating to weed abatement
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9 services in the City, a copy of which is attached hereto, marked
10 Exhibit "A" and incorporated herein by reference as fully as
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though set forth at length.
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 meeting thereof, held
on the 3rd day of May 1982, by the following
vote, to wit:
AYES: Council Members Castaneda, Reilly, Hernandez
Quiel, Hobbs, Strickler
NAYS: None
ABSENT: Council Member Botts
�lC/,GlZQJ�R`D�56/
City Clerk
The foregoing resolution is hereby approved this 7 day
of r?a_y , 1982.
as to form:
ity Attorney
I A G R E E M E N T
2 I (Weed Abatement)
3 I THIS AGREEMENT is entered into between the CITY OF SAN
4 IBERNARDINO, a municipal corporation, referred to as "City", and ED
5 MARTIN'S DISCING, organized pursuant to the laws of the State of
6 (California, referred to as "Contractor".
7 City and Contractor agree as follows:
8 1. Scope of Work. Contractor shall disc and/or hand clean
9 vacant properties within the boundaries of the City of San
10 Bernardino. The specific properties to be disced and/or hand
11 cleaned shall be designated by City's Public Services
12 11Superintendent or his designee.
13 2. Time of Performance. Contractor agrees to complete
14 initial discing and/or hand cleaning prior to June 30, 1982, and
15 perform such other discing and/or hand cleaning as may be required
]6 by the Public Services Superintendent or his designee through
17 February 26, 1983.
18 3. Payment by City. Contractor shall bill City for
19 completed work, setting forth an itemization of services provided
20 in such detail as is required by the Public Services
21 Superintendent. City shall pay Contractor for services provided
22 herein at the following rates:
23 DISCING
24 Lot
Class Description Price Per Parcel
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Discing Mowing Scraping
"A" Single parcels, any size up $ 22.00 $23.00 $ 22.00
to and including one-half
(1/2) acre. Complete abatement.
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WN
"CH
9M
"E"
Single parcels over one-half
$ 23.00
(1/2),up to and including
one (1) acre. Complete
abatement.
Acreage over one (1) acre,
$ 22.00
up to and including ten
(10) acres. Price per acre.
Complete abatement.
Acreage over ten (10) acres.
$ 22.00
Price per acre. Complete
abatement.
Firebreaks shall be permitted
$ 22.00
on parcels over one (1) acre.
Firebreaks shall be 50'
around the perimeter with 50'
breaks dividing the parcel
so that no portion exceeds
one (1) acre. 100' fire-
breaks will be completed
around any structure.
10►ANIVIrl:4
$23.00 $ 22.00
$23.00 $ 22.00
$23.00 $ 22.00
$23.00 $ 22.00
d and removal work (handwork will be a one hour minimum --
oval work will be a one-half hour minimum).
Description Price
dwork (labor and tools per hour) $45.00
sh removal truck to be included in hourly
ft.
work (labor and equipment per hour) $60.00
and truck to be included in hourly
when separate from parcel per 100 $ 3.50
nimum for parkway when separate from $10.00
rcel
In no event shall the total amount paid to Contractor during
e term hereof exceed the total amount of $75,000.00 for discing
d handwork.
4. Inspection. Prior to payment by City, City shall inspect
completed parcel to determine compliance with San Bernardino
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I Municipal Code Chapter 8.27.
2 5. Licenses and Permits. Contractor shall procure and keep
3 in force during the term of this agreement any and all licenses
4 and permits required by any federal, state or local laws or
5 regulations.
6 6. Insurance. Contractor agrees to procure and maintain in
7 force during the term of this agreement, at its expense, public
8 liability insurance in companies and through brokers approved by
9 City, adequate to protect against liability for damage claims
10 arising in any manner out of Contractor's operations in a minimum
11 amount of $500,000.00 for each person injured, $500,000.00 for any
12 one occurrence, and $50,000.00 for property damage. Contractor
13 shall provide to City's Risk Management Division a certificate of
74 insurance and an additional insured endorsement which provides:
15 (a) That the City will be named as an additional insured on
16 Contractor's liability insurance.
17 (b) The insurance company name, policy number, period of
38 coverage and amount of insurance.
19 (c) That the City Clerk will be notified at least thirty
20 days prior to cancellation or material change in Contractor's
21 11coverage.
22 11 (d) That Contractor's insurance will be primary to any
23 coverage City may have in effect.
24 7. Worker's Compensation. Contractor shall provide worker's
25 compensation coverage for all employees employed pursuant to this
26 agreement. Contractor shall provide to City's Risk Management
27 Division an insurance certificate evidencing such insurance.
28 B. Hold Harmless. Contractor shall hold City, its elective
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I and appointive boards, commissions, officers, agents and
2 employees, harmless from any liability for damage or claims for
3 damage for personal injury, including death, as well as from
4 claims for property damage which may in any manner arise from
5 Contractor's operations under this agreement. "Contractor's
6 operations" include operations, acts or omissions by Contractor or
7 by any one or more persons directly or indirectly employed by, or
8 acting as agent for Contractor. Contractor agrees to, and shall,
9 defend City and its elective and appointive boards, commissions,
10 officers, agents and employees, from any suits or actions at law
11 or in equity for damages caused, or alleged to have been caused,
12 by reason of any of Contractor's operations.
13 9. Assignment. The rights of the parties hereunder may not
14 be assigned to any other person, firm or corporation.
15 10. Termination. This agreement may be terminated upon ten
16 (10) days' written notice by City to Contractor.
17 11. Amendment. This agreement may be amended or modified
18 only by written agreement signed by both parties and failure on
19 the part of either party to enforce any provision of this
20 agreement shall not be construed as a waiver of the right to
21 compel enforcement of such provision or provisions, nor act to
22 release any surety from its obligations under this agreement.
23 12. Notices. All notices required shall be in writing and
24 elivered in person or sent by certified mail, postage prepaid,
25 addressed as follows:
26 Supt. of Public Services Ed Martin's Discing
300 North "D" Street 15124 Ceres
27 San Bernardino, CA 92418 Fontana, CA 92335
28 II•
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13. Compliance with Laws. Contractor shall not violate, norj
allow the violation of, any law of the City, state or federal
government or rules of City in conducting its operations under
this agreement.
DATED: R&IIf
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ATTEST:
ty
ty
as to form:
.120
ED MA,RTI�N''jS DISCING�
By
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