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HomeMy WebLinkAboutCC RESO 11,506RESOLUTION NO. 11,506 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR WEED ABATEMENT WORK BE IT RESOLVED by the City Council of the City of National City, California, that the City Manager is hereby authorized and directed to execute that certain agreement between the City of National City and the State of California Department of Transportation for weed abate- ment work. PASSED AND ADOPTED this 28th day of May, 1974. ATTEST: r n W til TE- --HEADQUARTERS YCLLOW—CONTRACTOR PINK --DISTRICT OFFICE GOLDENROD—FIELDMAN GREEN —CONTROLLER BLUE —CONTRACTOR'S FILE STATE OF CALIFORNIA DEPARTMENT MENT OF i ANSPORTA a ION )j. C; Bio . // Solo no federal funds Sheet 1 of 2_ Co. Route P.M. SOURCE CHARGE EXPENDITURE AUTH. - SPECIAL DESIGNATION DIST. UNIT DIST. [ UNIT i 114 15 1 ll l 12 1.3 San Diego GEN. LED. SUB-ACCT. Contractor_ WORE ORDER No. 1 0 316 [ al 1 1 SUB JOB NO.R/W PARCEL NO. a :l LOCATION -BRIDGE NO. ETC. I I I ( i it OBJECT 71 5, 8 i 1 1 1 1 1 I 1 1 AMOUNT SERVICE CONTRACT No 0-11,009 CALIFORNIA, . July 1 19 74 City of National City .This number to be placed on all bills Phone ( Please bill as above) Address 1243 National Avenue, National City, CA 92050 477-1181 The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Department of Transportation in accordance with the provisions on BOTH SIDES of this form and on the attached sheets, if any, and he agrees to receive and accept as full compensation therefor the prices named herein: Furnish all labor, equipment, and facilities necessary to remove and dispose of weeds, debris, fire and safety hazards, and miscellaneous lot clearance of State-owned Right -of -Way properties located in the City of National City, at the rate of $15.00 per hour as directed by the Senior Right of Way Agent or his representative. Total expenditures shall not exceed: $175.00 This contract shall expire: June 30, 1975 No service will be taken nor materials provided on this contract before the date of approval thereof. APPROVAL RECOMMENDED: John Ritz Deputy District Director Right of Way The said Department of Transportation hereby agrees to the terms as above set forth, and hereby agrees to pay the same; provided, that by mutual consent this agreement may be modified or terminated at any time. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first above written. DEPARTMENT OF TRANSPORTATION By M. Lynn Staley District Service Contract Officer Approved by R. F. Henselmeier District Accounting Officer Date _ City/of National City f Contractor' By L%ll Title or Position MAIL BILLS IN TRIPLICATE TO: State of California Department of Transportation District 11 F1. O. Box 81406 San Diego, CA. 92138 FORM HO 1284 i.7-73) 667. ABUU. 10042-500 2-73 IOM SE%T (JT OSP A. ---The Contractor shah keep himself fully informed of ail existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, ar the materials used in the work, or which in any way affect the conduct of the work, and of ail such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his oge.nts and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the State of California, and all officers and employees thereof connected with the work, including but not limited to the Director of Transportation, the State Highway Engineer, and the Chief of Administrative Services, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. if any discrepancy or inconsistency is discovered in this contract in relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the Engineer in writing. S.—The mentioning of certain statutes in this contract shall not relieve the Contractor from the responsibility of complying with any other statutes applicable to the service or rental to be furnished hereunder. C.—The Contractor shall indemnify the State against all loss and damage to the Contractor's property or equipment during its use under this service contract and he shall at his own expense maintain such fire, theft, liability or other insurance as he deems necessary for his protection. The Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this contract or by operations of the Contractor or his employees under this contract. D.---The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments INCi.UDiNG SALES TAXES required by law or otherwise shall be included in the price bid and no additional allowance will be made therefor, unless separate payment provision should specifically be provided for. E.---Pt is expressly agreed that all persons engaged on this work are employees of the Contractor and that none are employees of the Department of Transportation of the State of California. F:--The Contractor warrants, by execution of this contract, that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding' for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established comrrierciai or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the State shalt have the right to annul this contract without liability, paying only for the value of thework actually performed, or -in its discretion to deduct from the contract price or consideration, ar otherwise recover, the 'full amount of such commission, percentage, brokerage or contingent fee. G.,Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that within such areas as are within the limits of the project and ore open to public traffic, the Contractor shall comply with all of the requ'i';ements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The Contractor shall take ail necessary precautions for safe operation of his equipment and the protection of the traveling public from injury and damage from such equipment. -rtriit Contract Sheet 2 of "On July 1, 1973, the Department of Transportation succeeds to and is vested with all of the duties, powers, purposes, responsibilities and jurisdiction of the Department of Public Works. Effective on July 1, 1973, all references in this contract or in its related documents to the Department of Public Works or to the Director of Public Works shall be deemed to be to the Department of Transportation or to the Director of Transportation, respectively."