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RESOLUTION NO. /I..-::;:<;~
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR-
DINO AWARDING A CONTRACT TO TERRENE CORPORATION FOR THE FURNISHING AND
DELIVERING OF METAL REFUSE BINS, IN ACCORDANCE WITH SPECIFICATION NO. 4558.
RESOLVED, that the bid of TERRENE CORPORATION for the furnishing and
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delivering of refuse bins, as required, in accordance with Specification
No. 4558, is the lowest and best bid therefor and that the same be and is
hereby accepted and all other bids are hereby rejected.
That the contract for the furnishing and delivering of refuse bins,
as required, be and the same is hereby awarded to TERRENE CORPORATION.
That the Mayor and City Administrator of the City of San Bernardino
are hereby authorized and directed to execute an agreement between said
City and TERRENE CORPORATION on behalf of said City.
That said Agreement, a copy of which is attached hereto, marked
Exhibit "A" and referred to and made a part hereof as fully as though set
forth at length herein is hereby approved.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and C0111llon Council of, the City Of, ~ s,a ," ,,' r~ljr~tno at ~
meeting thereof, held on the .w:'day of (/~/ /.! //19
following vote, to-wit:
AYES: tounci1men
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NOES: ,l:t:J:r ~_ )
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ABSENT: 'fi t ./
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~e foregoing Resolution is
{l{;;7fuft-?/ ~ , 1973.
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Approved as to form:
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hereby approved this ~day of
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AGR~~MEN.!.
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THIS AGREEMENT, made and entered into this 17
day of
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October
, 1973 by and between the CITY OF SAN BERNARDINO,
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a Municipal Corporation, hereinafter referred to as "City" and
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TERRENE CORPORATION, hereinafter referred to as "Contractor".
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WIT N E SSE T H:
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WHEREAS, City duly advertised for bids or proposals on three
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(3) cubic yard refuse bins as required in accordance with Speci-
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fication No. 4558, on file in the Office of the City Administrator
Room 638, City Hall; and
WHEREAS, in accordance with said Notice Inviting Bids,
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Contractor submitted its proposal at the price hereinafter
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mentioned:
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NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS, TO-WIT:
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The complete contract includes all of the contract documents
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to-wit: the Notice Inviting Bids, instructions to bidders,
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bidder's proposal and statement, the Agreement, the general and
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specific specifications and any and all obligations of the City
and Contractor are fully set forth and described therein. All
contract documents are intended to cooperate so that any work or
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right called for or mentioned in one and not mentioned in the
other, or vice versa, is to be executed and granted the same as
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if mentioned in all contract papers. In the event of any
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conflict between the Agreement and any contract document, the
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relevant provisions in the Agreement shall prevail.
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City agrees to purchase and Contractor agrees to sell
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seventy-five (75) three (3) cubic yard refuse bins in accordance
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with Specification No. 4558.
City shall have the option to
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purchase an additional one hundred (100) three (3) cubic yard
refuse bins before July 1, 1974 and Contractor agrees to sell
said number of bins or any lesser number to City should the City
exercise said option, in accordance with Specification No. 4558.
For purposes of this Agreement the word purchase shall mean
"place an order to buy". Contractor agrees to furnish and
deliver to City any amount of such bins as may be required
pursuant to Specification No. 4558 and nothing in this contract
shall be deemed to require the City to take any such material that
shall not be required for use by City.
City shall order refuse bins by issuing purchase orders
indicating quantity desired purusant to Specification No. 4558,
and will make every reasonable effort to order in quantities that
will allow vender full truck load delivery. Delivery of first
seventy-five (75) refuse bins will be accomplished within thirty
(30) days subsequent to the date of issuance of purchase order
and delivery of additional bins pursuant to Specification No.
4558 will be accomplished within forty-five (45) days subsequent
to the date of issuance of purchase order, both time periods
being deemed reasonable. Contractor shall not make deliveries
without authorization by appropriate City of San Bernardino
Purchase Order.
In accordance with Specification No. 4558 the price
(including sales tax) to be paid by City for delivered and
accepted refuse bins, F.O.B., City Yard, 181 South Pershing
Avenue, San Bernardino, shall be One Hundred and Seventy-seven
Dollars and Seventy-one Cents ($177.71) each bin. Payment to
Contractor shall be made within thirty (30) days after acceptance
of each individual truck load of bins by City Refuse Superintenden
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1 and receipt of invoice.
2 Contractor shall furnish to City and maintain in force for
3 life of this Agreement a Faithful Performance Bond in the amount
4 of fifty (50) per cent of the total money amount (bid value) of
5 refuse bins remaining to be delivered, including those bins under
6 the City's option. Said bond shall be in accordance with Or-
7 dinance No. 821, Section 2400, and the corporation issuing said
8 bond shall have a rating in Best's Most Recent Insurance Guide
9 of "A" or higher. Said bond shall be subject to approval of
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City.
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The provisions of this Agreement are accumulative and in
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addition to and not in limitation of, any other rights or
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remedies available to City.
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This Agreement may be amended or modified only by written
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Agreement signed by both parties and failure on the part of
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either party to enforce any provisions of this Agreement shall
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not be construed as a waiver of the right to compel enforcement
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of such provision or provisions, nor act to release any surety
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from its obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement this
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nctober
day of
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ATTES~h
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)?l~ler
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City Administrator
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as to form:
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Approved
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TERRENE CORPORATION
Contractor
By-:
L.J
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Titre: '-<.........."",~~