HomeMy WebLinkAbout1987-089
1 RESOLUTION NO. 87-89
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH STAN DOMINGUEZ TO PROVIDE HANDWORK,
3 REMOVAL, AND PARKWAY SERVICES FOR THE 1987-88 WEED ABATEMENT
PROGRAM, CONTINGENT UPON OBTAINING THE NECESSARY INSURANCE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Upon presentation by Stan Dominguez of evidence
7 of valid liability insurance coverage and workers compensation
8 coverage, the Mayor of the City of San Bernardino is hereby
9 authorized and directed to execute on behalf of said City an
10 agreement with Stan Dominguez to provide handwork, removal, and
11 parkway services for the 1987-88 weed abatement program, a copy of
12 which is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as fully as though set forth at length.
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SECTION 2. In the event the evidence of insurance
15 coverage is not provided within five days of the adoption of this
16 resolution, this contract award is null and void, and all bids
17 for handwork, removal, and parkway services are rejected.
18 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
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Bernardino at an~dioQrned regular
meeting thereof, held on
, 1987, by the following vote,
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the 23rd
day of
March
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AYES:
Council Members Estrada~eilly, Flores,
Maudsley,. Quiel, ~trickler
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NAYS: _---1ionL____,_
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ABSENT: Council Member Frazier
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/' City Clerk
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The foregoing resolution is hereby approved this ~5t~ day
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of
March
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, 1987.
Approved as to form:
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/(.<:J.:..i;:'.~t..{ ;/ J .
City Attorney
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3/13/87
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Mayor of/the City f San'''Bernardino
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A G R E E MEN T
(Weed Abatement)
THIS
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atOt'-~ '
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municipal
AGREEMENT is entered into this
9-cL
day of
, 1987, between the CITY OF SAN BERNARDINO, a
corporation, hereinafter referred to as "City", and
6 STAN DOMINGUEZ, hereinafter referred to as "Contractor."
7 City and Contractor agree as follows:
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1.
Scope of Work. Contractor shall perform handwork,
9 debris removal, mowing and trimming services, in conjunction
10 with the City's annual weed abatement program, on parkways and
11 other properties designated by the City's Director of Public
12 Services or his or her designee.
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2.
Time of Performance. Contractor agrees to commence
14 its work under this agreement on April 13, 1987, and further
15 agrees to complete, within ten (10) calendar days of written
16 notification to proceed as to any particular parcel, all
17 handwork, debris removal, mowing and other work required to
18 clear the properties designated by the Director of Public
19 Services or his or her designee through April 1, 1988.
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Payment bv city. Contractor shall bill City for
21 completed work, on a monthly basis, setting forth an
22 itemization of services provided in such detail as is required
23 by the Director of Public Services. City shall pay Contractor
24 for services provided herein at the following rates:
25 HANDWORK AND REMOVAL
26 Handwork and removal work (handwork will be 1 hour minimum.
Removal work will be 1/2 hour minimum. Minimum crew shall
27 consist of at least two (2) men. Hourly rates are per crew.
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3/16/87
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1 Handwork (labor and tools per hour)
Trash removal truck and dump fees to be
2 included in hour charge: $40.00
3 Removal work (labor and equipment per hour)
Loader and truck to be included in hour
4 charged; Dump fee charged additionally: $24.00 per hour
5 Parkways when separate from parcel,
per 100 square feet: $10.00
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Minimum for parkway when separate
7 from parcel by sidewalk:
$20.00
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In no event shall the total amount paid to Contractor
during the term hereof exceed the total amount of $35,000.00
for the services provided. In the event services are
requested which will exceed limitation, no such work shall be
performed without prior written amendment to this agreement.
4. Inspection. Prior to payment by City, City shall
inspect each completed parcel to determine compliance with San
Bernardino Municipal Code Chapter 8.27.
5.
Licenses and Permits. Contractor shall procure and
keep in force during the term of this agreement any and all
licenses and permits required by any federal, state or local
laws or regulations.
6. Insurance. Contractor agrees to procure and maintain
in force during the term of this agreement, at its expense,
public liability insurance in companies and through brokers
approved by City, adequate to protect against liability for
damage claims arising in any manner out of Contractor's
operations in a minimum amount of $500,000.00 for each person
injured, $500,000.00 for anyone occurrence, and $50,000.00
for property damage. Contractor shall provide to city's Risk
3/16/87
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1 Management Department a certificate of insurance and an
2 additional insured endorsement which provides:
3 (a) That the City will be named as an additional
4 insured on Contractor's liability insurance.
5 (b) The insurance company name, policy number,
6 period of coverage and amount of insurance.
7 (c) That the City Clerk will be notified at least
8 thirty (30) days prior to cancellation or material change in
9 Contractor's coverage.
10 (d) That Contractor's insurance will be primary to
11 any coverage City may have in effect.
12 7. Workers' Compensation. Contractor shall provide
13 workers' compensation coverage for all employees employed
14 pursuant to this agreement. Contractor shall provide to
15 City's Risk Management Department an insurance certificate
16 evidencing such insurance.
17 8. Hold Harmless. Contractor shall hold city, its
18 elective and appointive boards, commissions, officers, agents
19 and employees, harmless from any liability for damage or
20 claims for damage for personal injury, including death, as
21 well as from claims for property damage which may in any
22 manner arise from Contractor's operations under this
23 agreement. "Contractor's operations" include operations, acts
24 or omissions by Contractor or by anyone or more persons
25 directly or indirectly employed by, or acting as agent for
26 Contractor. Contractor agrees to, and shall, defend City and
27 its elective and appointive boards, commissions, officers,
28 agents and employees, from any suits or actions at law or in
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equity for damages caused, or alleged to have been caused, by
reason of any of Contractor's operations.
9. Assianment. The rights of the parties hereunder may
not be assigned to any other person, firm or corporation, nor
shall duties hereunder be delegable.
10. Termination. This agreement may be terminated by
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either party upon ten (10) days' written notice to the other.
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11. Amendment. This agreement may be amended or
modified only by written agreement signed by both parties and
failure on the part of either party to enforce any provision
of this agreement shall not be construed as a waiver of the
right to compel enforcement of such provision or provisions,
nor act to release any surety from its obligations under this
agreement.
12. Notices. All notices required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
City of San Bernardino
Director of Public Services
300 North "0" street
San Bernardino, CA 92418
Stan Dominguez
P. O. Box 7551
San Bernardino, CA
13. Compliance with Laws. Contractor shall not violate,
nor 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:
3/16/87
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ATTEST:
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ci y Clerk
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Approved as to form:
//J~ . 6
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City A torney
3/16/87
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CITY 3;" SAN BERNARDINO
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Mayor'
STAN DOMINGUEZ
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j II""TTER OF INFOI~MATION ONI.Y AND CONFERS
1 'HOLDER. THIS CI:RTIFICATE: Di)ES NOT AMEND,
(,f: AFFORDED BY lHE POLICIES BELOW.
Jo::' P:,stri ttc ns. rv-: c s
5196 Ben5.to ;:"uj t 6
Montclair, Ca. 9176J
.\FFORDING COVERAGE
A
Am ricancomomy Ins. Co.
INSURED
stan Domingu z
P.O. Box 7551
San BArnardino, Ca. 92411
B
c
COMPt\.NY D
LEnEFI
COMPANY E
LETTER
.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AI~Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PDLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
.----.---.-.-r.....-.--
POLICY EFFECTIVE ! POLICY EXPIRATION
DATE (MMIDO/Y'{, ! DATE (MM/DD/YY)
..-+
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$
$
POLICY NUMBER
LIABILITY LIMITS IN THOUSANDS
OCCG~~~NCE AGGREGATE
GENERAL LIABILITY
X COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
X PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
BODILY
INJURY
Pending
4/3/87
PROPERTY
DAMAGE $ $
4/3/88 BI & PO $ 500.0
COMBINED
PERSONAL INJURY $
BODIL Y
INJURY $
(PER PERSON)
''''" BODIL Y
INJURY $
(PER ACCIDENn
PROPERTY
DAMAGE $
BI & PO
COMBINED $
BI & PO $ $
COMBINED
STATUTORY
$ (EACH ACCIDENT)
$ (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOYEE)
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV PASS.)
ALL OWNED AUTOS (OTHER THAN. )
PRIV PASS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
of SAIIBop~rations of tht;'ttlamed insured.
an ernard1no as adQ1 10naI lnsurea