HomeMy WebLinkAbout1986-104
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RESOLUTION NO. 86-104
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT
TO ED MARTIN'S DISCING FOR WEED ABATEMENT SERVICES IN THE CITY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. Ed Martin's Discing is the lowest and best
6 bidder for weed abatement services, to wit: discing, hand
7 cleaning and debris removal in the City of San Bernardino, but
8 such award shall be effective only upon the contract being fully
9 executed by the parties; all other bids therefor are hereby
10 rejected; and the Mayor is hereby authorized and directed to
11 execute said contract on behalf of the City; a copy of the
12 contract is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as fully as though set forth at length.
14 SECTION 2. The City of San Bernardino shall not be
15 obligated by making this award unless and until the contract is
16 fully executed and no oral agreement relati~g thereto is intended
17 or authorized and should not be implied.
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I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a
reqular
meeting thereof,
21 he ld on the 7th
April
, 1986, by the
day of
22 foIl ow i ng vo t e, tow it:
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Council Members
AYES:
Estrada. Reillv. Hernandez,
Marks. Ouiel. Frazier. Strickler
NAYS:
None
ABSENT:
None
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e'i ty' Crerk
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The foregoing reso 1 u tion is hereby a.pproved this // ,,-/;,j
2 day of
April
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5 Approved as to form:
6 4~4V j/;y?~
7 Ci ty /(t torney
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, 1986. r)
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Czf-0 /c-.J ~ 1 ~ .. .
May o~th;;CitY or>San Ber~no
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A G R E E MEN T
(Weed Abatement)
THIS AGREEMENT is entered into this
/~;:--c- / day of
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i /i{,': '. (
(
, 1986, between the CITY OF SAN BERNARDINO, a
5 municipal corporation, hereinafter referred to as "City", and ED
6 MARTIN'S DISCING, organized pursuant to the laws of the State of
7 California, hereinafter referred to as "Contractor".
8 City and Contractor agree as follows:
9 1. Scope of Work. Contractor shall disc vacant properties
10 within the boundaries of the City of San Bernardino. Contractor
1] shall also, on specific request of the Director of Public
12 Services, provide mowing and scraping services in conjunction
13 with weed abatement set forth hereinafter. The specific
14 properties to be disced or otherwise abated shall be designated
15 by City's Director of Public Services or his or her designee.
16 2. Time of Performance. Commencing ApFil 16, 1986.
17 Contractor agrees to complete initial discing and related mowing
18 and scraping services prior to June 30, 1986, and perform such
19 other discing and other mowing and scraping services as may be
20 required by the Director of Public Services or his or her
2] designee through April 15, 1987.
22 3. Payment by City. Contractor shall bill City for
23 completed work, on a monthly basis, setting forth an itemization
24 of services provided in such detail as is required by the
25 Director of Public Services. City shall pay Contractor for
26 services provided herein at the following rates:
27 / / / / /
28 / / / / /
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2 Lot
Class
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5 "A"
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"B"
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10 "c"
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"D"
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"E"
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DISCING
Price Per Parcel
Description
Mowing
Spring/Fall Scraping
Discing
Single parcels, any size $35.00
up to and including one-
half (1/2) acre. Complete
abatement~
$35.00/38.00
$30.00
35.00/38.00
Single parcels over one-half 35.00
(1/2) acre, up to and
including one (1) acre.
Complete abatement.
30.00
Acreage over one (1) acre, 38.00
up to and including ten
(10) acres. Price per acre.
Complete abatement.
38.00/40.00
30.00
Acreage over (10) acres. 38.00
Price per acre. Complete
abatement.
38.00/40.00
30.00
Fire breaks (when permitted) 38.00
on parcels over one (1) acre.
Fire breaks 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.
38.00/38.00
30.00
HANDWORK
Hand and removal work (handwork will be one hour minimum -
22 removal work will be a one-half hour minimum. Minimum crew shall
23 con s is t 0 fat 1 e as t two men).
24 Description
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Handwork (labor and tools per hour).
Trash removal truck and dump fees to
be included in hourly charge.
$50.00
27 Removal work (labor and equipment per 75.00
hour). Loader and truck to be included
28 in hourly charge. Dump fees charge additionally.
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Parkways when separate from parcel,
per 100 square feet,
$ 5.00
Minimum for parkway when separate
from parcel.
20.00
4 In no event shall the total amount paid to Contractor during
5 the term hereof exceed the total amount of $75,000.00 for the
6 services provided. In the event services are requested which
7 will exceed said limitation, no such work shall be performed
8 without prior written amendment to this agreement.
9 4. Inspection. Prior to payment by City, City shall
10 inspect each completed parcel to determine compliance with San
]] Bernardino Municipal Code Chapter 8.27.
]2 5. Licenses and Permits. Contractor shall procure and keep
13 in force during the term of this agreement any and all licenses
14 and permits required by any federal, state or local laws or
15 regulations.
16 6. Insurance. Contractor agrees to pr~cure and maintain in
17 force during the term of this agreement, at its expense, public
18 liability insurance in companies and through brokers approved by
19 City, adequate to protect against liability for damage claims
20 arising in any manner out of Contractor's operations in a minimum
21 amount of $500,000.00 for each person injured, $500,000.00 for
22 anyone occurrence, and $50,000.00 for property damage.
23 Contractor shall provide to City's Risk Management Department a
24 certificate of insurance and an additional insured endorsement
25 which provides:
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(a) That the City will be named as an additional
27 insured on Contractor's liability insurance.
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(b) The insurance company name, policy number, period
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I of coverage and amount of insurance.
2 (c) That the City Clerk will be notified at least
3 thirty (30) days prior to cancellation or material change in
4 Contractor's coverage.
5 (d) That Contractor's insurance will be primary to any
6 coverage Ci ty may have in effec t.
7 7. Workers' Compensation. Contractor shall provide
8 workers' compensation coverage for all employees employed
9 pursuant to this agreement. Contractor shall provide to City's
10 Risk Management Department an insurance certificate evidencing
11 such insurance.
12 8. Hold Harmless. Contractor shall hold City, its elective
13 and appointive boards, commissions, officers, agents and
14 employees, harmless from any liability for damage or claims for
15 damage for personal injury, including death, as well as from
16 claims for property damage which may in any.~anner arise from
17 Contractor's operations under this agrement. "Contractor's
18 operations" include operations, acts or omissions by Contractor
19 or by anyone or more persons directly or indirectly employed by,
20 or acting as agent for Contractor. Contractor agrees to, and
21 shall, defend City and its elective and appointive boards,
22 commissions, officers, agents and employees, from any suits or
23 actions at law or in equity for damage caused, or alleged to have
24 been caused, by reason of any of Contractor's operations.
25 9. Assignment. The rights of the parties hereunder may not
26 be assigned to any other person, firm or corporation.
27 10. Termination. This agreement may be terminated upon ten
28 (10) days' written notice by City to Contractor.
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I 11. Amendment. This agreement may be amended or modified
2 only by written agreement signed by both parties and failure on
3 the part of either party to enforce any provision of this
4 agreement shall not be construed as a waiver of the right to
5 compel enforcement of such provision or provisi.ons, nor act to
6 release any surety from its obligations under this agreement.
7 12. Notices. All notices required shall be in writing and
8 delivered in person or sent by certified mail, postage prepaid,
9 addressed as follows:
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City of San Bernardino
Director of Public Services
300 North "D" Street
San Bernardino, CA 92418
Ed Martin's Discing
15124 Ceres Street
Fontana, CA 92335
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
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this agreement.
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CITY~JF SAN BERNARDINO
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Byv~(/~,'/VW' ~
I ~ayor /
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ED MARTIN'S DISCING
By ~(:J /? Ca~-?2-:;,--
Title C7GAJ A../E~
Approved as to form:
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25 A:~dJ/l~
Ci ty 1I[(;;~rney
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