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HomeMy WebLinkAbout16-City Administrator elTY OF SAN BERNODINO - REQUEST FC1' COUNCIL ACTION From: .Peggy Ducey Asst. to City Administrator Subject: Approve contract for landscaping supervision Dept: Date: December 5, 1991 - Synopsis of Previous Council action: 12/2/91 -- Community Development Commission approved funding in the amount of $300,000 for Phase II - City Wide Beautification Recommended motion: Adopt resolution. Contact person: PPggy nnl""'PY Phone: 51?? Supponing data attached: yes Ward: FUNDING REQUIREMENTS: Amount: $10,000 Source: (Acct. No.) Bond Proceeds (Acct. DescriPtion) Finance:j.. (r. r.C'--jC' ~J" "If Council Notes: 75.0262 Agenda Item No /6 0',' CITY OF ,SAN. BERNAO>>INO - REQUEST FQe> COUNCIL ACTION . STAFF REPORT On December 2, 1991, the Community Development Commission approved the allocation of $300,000 for Phase II of the City-wide Landscaping and Beautification Program. Included was funding to hire a crew of temporary laborers and supervisor to oversee the planting of the trees and shrubs. Attached is a contract to hire a crew supervisor. The supervisor will work on an as-needed basis, and be paid a rate of $19.58 per hour. RECOMMENDATION: Adopt Resolution. 75-0264 Rev i se.d :#= 1(0 1~-/{,-9J . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BERT C. UPSON RELATING TO LANDSCAPING INSTALLATION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with Bert C. Upson relating to landscaping installation, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof, held on the , 1991 , by the following vote, to day of wit: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / o o 1 RESOLUTION AUTHORIZING AGREEMENT WITH BERT UPSON RELATING TO LANDSCAPING INSTALLATION. 11 12 13 14 15 city Clerk The foregoing resolution is hereby approved this , 1991. of day W. R. Holcomb, Mayor City of San Bernardino 16 Approved as to form and legal content: 17 18 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN City Attorney By: ~""" 'j, :J /) !~~ ;,..- .....~--- 2 o o AGREEMENT services: Supervise crew of temporary laborers to install landscaping in various designated City locations. Coordinate the ordering, delivery, and unloading of landscaping materials from the vendor. Supervise the planting of materials and necessary watering while under the timelines of this contract. 2. Consul tant shall be paid at a rate of $19.58 per hour for a maximum of Forty (40) hours per week, which compensation shall not exceed $10,000 over the term of the Agreement. 3. Consultant shall maintain and file with the City Administrator of city a record of all hours worked on assigned study. supervision of Consultant shall be coordinated with the city Administrator or her designee. Consultant shall at such time intervals as directed by the City Administrator, submit a claim based on such records to the City in the manner and form as prescribed by the City Administrator. A. B. C. / / / / / / / / / / / / / / / o o 1 4. This Agreement shall commence upon execution of this 2 contract by both parties and shall continue for 90 days, but may be 3 terminated' by either party upon thirty (30) days written notice to 4 the other. 5 5. For all purposes, Consultant shall be considered as an 6 independent contractor and not as an employee of the city. 7 6. Except as specifically provided herein, Consultant shall 8 not be entitled to any employee benefits, such as, but not limited 9 to, vacation leave or accrual, sick leave, retirement benefits, 10 paid vacation, seniority, etc. City shall not deduct from 11 Consultant's compensation any withholding except as is required for 12 such independent contractors. Consultant shall be responsible for 13 all taxes on said compensation. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Consultant agrees to defend, indemnify, save and hold 7. City, its officers, agents and employees harmless from any claim 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 personal interest, arising from any negligent act or omission by Consultant while performing services under this Agreement. 8. Any notices to be sent pursuant to this Agreement from one party to the other shall be deposited with the United states Postal Service postage prepaid and addressed as follows: TO THE CITY: city Administrator City of San Bernardino 300 N. "0" street San Bernardino, CA 92418 TO THE CONSULTANT: Bert C. Upson 757 East Arrowhead San Bernardino, CA Road 92404 2 o o 1 AGREEMENT WITH BERT C. UPSON FOR PLANTING SERVICES. 2 3 4 5 Nothing in this section shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this CITY OF SAN BERNARDINO By: Agreement on the day and date first above shown. 6 7 8 9 10 11 Approved as to form and legal content: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SHAUNA CLARK city Administrator JAMES F. PENMAN, city Attorney :1 I By: !r6., ' // .:/ 1 ,y?", P"-. CONSULTANT BERT C. UPSON 3 /' EDUCATION EXPERIENCE May 1990 - Present 1939 - !9~O 1987 - 1989 1986 - 1987 1976 - 1-986 1984- 1986 _ 1983 1980 - 1983 1979 - 1980 . -J:) o BERT C. UPSON 757 East Arrowhead Road San Bernardino, California 92404 (714) 886-2300 San Bernardino Valley College, San Bernardino, California (2 years) Pacific High School, San Bernardino, California (graduated 1957) Hauer Steel Foreman Erection of eight small buildings for Victorville School District. Eagle Iron Superintendent In charge of erection of 5 story medical facility and misc. other projects, involving mostly detail. Harshbarger Fabrication & Erection General Superintendent City of Beverly Hills jail and library, UCLA, Brentwood, 10 story Engineering and Science Building; Veteran's Hospital, Long Beach, Spinal Cord Building; Superintendent San Bernardino General Mail Facility. I was involved in all phases of construction. Steel Construction Services Superintendent Main Place Mall, Santa Ana; tenant development of Citicorp Bank, Los Angeles; in charge of general erection and safety. Kaiser Steel Corporation Offshore & Construction Division General Foreman Citicorp Bank, Los Angeles; 48 story building; in charge of bolt up, plump up, safety and detail gangs. Foreman Unocal oil rig "Platform Edith", 18 miles offshore Long Beach; Miscellaneous Foreman, also member of safety committee and rescue gang. General Foreman (ironworker) Space Shuttle Launch Facility, Vandenberg Air Force Base; involved in erection of access tower, wind screen, and P.P.R. structures, also member of safety committee. Foreman (ironworker) Wells Fargo Bank, Los Angeles, 50 story building; in charge of plump up and bolt ~~ ~ ~ 1961 - 1975 1959 - 1961 A WARDS AFFlLIA nONS REFERENCES o Supt!'1'i~dent (operating engineer) Modernization of steel mill at Kaiser Steel, Fontana; in charge of civil work, Le. f ootings, grading, trenching, and compaction for all trades, also member of safety committee. . Currie Engineering Company (out of business since 1980) Survey Part Chief and Inspector Civil work, especially sewage treatment plants. Johnson, Bateman Pipe Company Three safety awards for 15,000 man hours worked without lost time-injuries from Kaiser Offshore and Construction. Professional Ski Instructors of America American Motorcycle Association Native Sons of the Golden West Elks Club Alternate on Pan American Bicycle Road Team in 1962. Available upon request. I