HomeMy WebLinkAbout1989-04-25; City Council; Resolution 89-129.t
1
2
3
4
e e
RESOLUTION NO 89-129
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 ZCWFEMENT
5 II BE IT RESOLVED BY THE CITY COUNCIL of the city of
6 I1 Carlsbad, California, as follows:
7
8
9
3.0
11
12
13
1. That the bid of Ingold Tractor Service, 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 rfBrf for and on behalf
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
14 /I City of Carlsbad, California held on the 25th day of
15 I/ April t 1989, by the following vote, to wit:
l6 I1
I? /I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES : None
l8 I ABSENT : None
19 I
2o I1
ATTEST :
22 21! I 23 I
24 I
25
26
27
28
hdP& ALETHA L. RAUTENKRANZ, Ci4y CLerk
'S 1) 0 EXHIBIT
AGREEMENT
(WEED ABATEMENT)
THIS AGREEMENT, made and entered into this day of
1989, by and between the City of Carlsbad, a municipal corp
(hereinafter called "City" 1 and (hereinafter
"Contractor" ) .
WITNESSETH:
WHEREAS, the City Council ofthe City of Carlsbad, pursuantto!
39560 et. seq. of the Government Code, has determined that a Weed Ab:
Program is in the public interest; and
WHEREAS, public interest requires that the City enter int
agreement with the Contractor to complete said program; and
WHEREAS, the Contractor is willing to abate said weeds in the
hereinafter provided; and
WHEREAS, the terms and conditions, specifications and ac
thereto, accurately and fully describe that the Contractor is wil:
furnishthelaborandmaterialsto abate saidweeds andclean saidpl
as called for by said specifications and said proposal and the man1
time within which the same shall be accomplished;
1
.> e m
NOW THEREFORE, in consideration of the premises and of the co
herein contained;
IT IS AGREED BY AND BETWEEN THE PARTIES as follows :
(1) Said specifications, terms and conditions and addendumt
filed with City Clerk, as aforesaid are made a part hereof, and t
same do, in all particulars, become a part of the agreement and c
between the parties hereto in all matters and things set forth the]
described, and that both parties hereto, hereby accept and agree
terms andconditions of saidspecifications andaddendumthereto, a1
so filed.
(2) The Contractor agrees to perform the work in the manner SE
in said specifications and addendum thereto and the City agrees to
said work after completion at the prices set forth as follows
Proposal as submitted by Contractor).
( 3) The Contractor shall indemnify and defend the save harml
City of Carlsbad, its officers, agents and employees from and agai
and all claims, demands, loss or liability of any kind or nature wh
City of Carlsbad, its officers, agents and employees may sustain c
or which may be imposed upon them or any of them for injury to or d
persons ordamagetopropertyarisingoutof or inanymanner connect
the negligence or lack of care of Contractor, his officers, ag,
employeesinthe performanceofthis contract. This provisionshall
r 2
^I a e
any andall claims arisingfromsub-contractors retainedbythecon.
(4) The Contractor hereunder shall commencework at the time
the Fire Chief and the entire work contemplated hereunder be comp.
July 24, 1989. Time shallbedeemedofthe essence regardingthis cc
and Contractor shall be equipped to commence work on ten (10) days
notice from Fire Chief. No extension of time beyond the time of con.
hereinmentionedwillbegrantedexceptbythe Fire Chief (unless ot
directed by the City Council) for good cause.
(5) This agreement may be terminated by either party by giv
(10) days writtennotice tothis action, and this agreement shallte.
ten (10) days following if such notice is given.
(6) The termof this agreement shall be fora period commencins
date of this agreement and terminating on December 31, 1989, or suck
date as may be required for the contractor to complete the work set fc
the specifications. This agreementmaybeextended forthree (3)addi
periods for a total of four (4) years, upon satisfactory performanc
///
///
///
///
///
///
I 3
.: . 7 e e
IN WITNESS WHEREOF, the parties hereto have caused this agrc
be executedbytheir officersthereuntoduly authorized, andth.eir
be hereunder affixed.
CONTRACTOR CLAUDE A. iE!h!IS, MAYOR
ATTEST:
- "._ CITY CLEZK, ALETHA L. RAL'T'ENKKANZ
Approved as to form: Office of the City Attorney
BY :"
By : ___
-
i
4