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HomeMy WebLinkAbout1983-03-15; City Council; Resolution 7156\i 1 2 3 4 5 6 7 a 9 1c 11 1% 12 14 15 1E 17 I€ 15 2c 21 2; 2; 21 2! 2( 2' 21 RESOLUTION NO. 71.56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR WEED AND RUBBISH ABATEMENT BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the bid of Bradford's Tractor Service, 656 Hillcrest, Vista, CA 92083, is hereby accepted. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement, a copy of which is attached hereto marked Exhibit "A", for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the , 1983, by the fol.lowing March 15th day of vote, to wit: A y E s : Council Menibers Casler, -is, Kulchin, Chick and Prescott NOES: NOne ABSENT: NOne %(L MA ,/H. ASLER, Mayor " ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (seal) 8 EX HI BI T "A 'I AGREEMENT (Weed Abatement 1 THIS AGREEblENT, made and entered i nto this day of , 1983, by and between the CITY OF CARLSBAD, a Municipal Corporation (hereinafter called "City") and Bradford's Tractor Service , (hereinafter called "Contractor"). WITNESSETH WHEREAS, the City Council of the City of Carlsbad, pursuant to Section 39560 et. seq, of the Government Code, has determined that a Weed Abatement Program is in the public interest; and WHEREAS, public interest requires that the City enter into this Agreement with the Contractor to complete said program; and WHEREAS, the Contractor is willing to abate said weeds in the manner hereinafter provided; and MHEREAS, the specifications and addendGm thereto; accurately and fully described the terms and conditions upon which Contractor is willing to furnish the labor and materials to abate said weeds and clean said property as called for by said specifications and said proposal and the manner and time withi n which the same shall be accompli shed; FIOW, THEREFORE, in consideration of the premises and of the covenants her ei n co nt ai ned ; IT IS AGREED BY AND BETWEEN THE PARTIES as follows: (1) Said specifications and addendum thereto, filed with the City Clerk, as aforesaid are made a part hereof, and that the same do, in all particulars, become a part of the agreement and contract between the parties hereto in all matters and things set forth therein and described, and that both parties hereto, hereby accept and agree to the terms and conditions of said specifications and addendum thereto, and bonds so filed. (2) The Contractor agrees to perform the work in the manner set forth in said specifications and addendum thereto and the City agrees to pay for said work after completion at the prices set forth as follows: (Bid Proposal as submitted by Contractor .) 5 (3) The Contractor shall indemnify and defend and save: harmless the City of Carlsbad, its officers, agents and employees from and against any and all claims, demands, loss or liability of any kind or nature which the City of Carlsbad, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons or damage to property arising out of or in any manner connected with the negliqence of lack of care of the Contractor, his officers, agents or employees in the performance of this contract. This provision shall include any and all claims ari si ng from sub-contractors retai ned by the Contractor. (4) The Contractor hereunder shall commence work at the time fixed by the Fire Chief and the entire work contemplated hereunder shall be completed by July 8, 1983 and July 8, 1984. Time shall be deemed of the essence regarding this contract, and Contractor shall be equipped to commence work on ten (10) days written notice from the Fire Chief. No extension of time beyond the time of completion herein mentioned will be granted except by the Fire Chief (unless otherwise directed by the City Council) for good cause. (5) The term of this agreement shall be for a period of 2 years, commencing on the date of this Agreement and terminating on July 8, 1984, or such later date as may Si! required for the Contractor to complete the work set forth in th? specific-ations. IN WITNESS WtiEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized, and their seals to be hereunto affixed. CITY OF CARLSBAD By: (Contractor) & d. L bM By: MARY ti. gASLER, Mayor ATTEST: