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HomeMy WebLinkAbout1985-02-19; City Council; Resolution 7908- 'I y, 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 RESOLUTION NO. 7908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING A BID AND AUTHORIZNG THE EXECTUION 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 Bert Ingold, 4135 Park Drive, Carlsbad, California 92008 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 I1B", for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad, Caalifornia held on the 19th day of February -3 1985, by the following vote, to wit: AYES: Council "hers Casler, Lewis, Kulchin, chick and Pethe NOES: None ABSENT: None ATTEST: L?Azcv?PG ALETHA L. RAUTENKRANZ, City Clerk ,& (SEAL) AGREEMENT (Weed Abatement) THIS AGREEMENT, made and entered into this day of 9 1985, by and between the City OF CARLSBAD, a municipal corporation (hereinafter caleed %ity" ) and f'Contractorll). , (hereinafter called W I T NESS E T H: 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 WHEREAS, the specifications and addendum 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 within which the same shall be aacomplished; NOW, THEREFORE, in consideration of the premises and of the covenants herein contained ; 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. said specifications and addendum thereto and the City agrees to pay for said work after completion at the ,prices set forth ass follows: (Bid Proposal as submitted by Contractor .) (2) The Contractor agrees to perform the work in the manner set forth in (3) The Contractor shall indemnify and defend the 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 persopas or damage to property arising out of or in any manner connected with the negligence of lack of care of Contractor, his officers, agents or employees in the pUrformance of this contract. sub-contractors retained by the Contractor. This provision shall include any and all claims arising from 3 (4) The Contractor hereunder shall cmmence work at the time fixed by the Fire Chief and the entire work contemplated hereunder shall be completed by this contract, and Contractor shall be equipped to commence work on ten (IO) days written notice from Fire Chief. completion herein mentioned will be granted except by the Fire Chief (unless otherwise directed by the City Council) for good cause. , 1985. Time shall be deemed of the essence rqgarding No extension of time beyond the time of (5) The term of this agreement shall be for a period of 9 commencing on the date of this Agreement and terminating on 9 or such later date as may be required for the Contractor to complete the work set forth in the specifications. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized, and their seals to be hereunder affixed. CITY OF CANSBAD By : CQNTMCI-OR Mayor ATTEST: City Clerk Approved as to Form: OfPice of the City Attorney . By: 4