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HomeMy WebLinkAboutReso 1987-13046 RESOLUTION NO. 13046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND I.T. CORPORATION FOR CLEANING AND DECONTAMINATING THE CHULA VISTA POLICE DEPARTMENT SHOOTING RANGE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and I.T. CORPORATION, for cleaning and decontaminating the Chula Vista Police Department Shooting Range dated the 26th day Of May , 1987, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Personnel T ' . ~ron, City 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of May 19 87 , by the following vote, to-wit: AYES: Councilmembers Cox, Moore, Nader, McCandliss NAYES: Counci 1 members None ABSTAIN: Counci 1 members None ABSENT: Counci 1 members Malcolm /Mayo~e City of Chula Vista ATTEST ~ ~' ~ ~ ' City Clerk S ,..'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION N0. 13046 ,ond that the some hos not been amended or repealed. DATED City Clerk CIW OF CHUL VISTA CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND I.T. CORPORATION FOR CLEANING AND DECONTAMINATING THE CHULA VISTA POLICE DEPARTMENT SHOOTING RANGE WHEREAS, the City of Chula Vista wishes to comply with the Cal/OSHA lead regulations contained in Section 5216 of the General Safety Orders, Title 8 of the California Administrative Code; and WHEREAS, this compliance requires that the City of Chula Vista arrange to have its Police Department Shooting Range cleaned and decontaminated of toxic lead dust; and WHEREAS, the City of Chula Vista does not employ any individuals knowledgeable or equipped to perform toxic waste clean-up and removal; and WHEREAS, the City has solicited proposals from three companies that specialize in this type of work; and WHEREAS, I.T. Corporation was selected as the qualified company proposing the lowest cost to perform the necessary work. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and I.T. Corporation do hereby mutually agree as follows: I. PARTIES The parties to this agreement are the City of Chula Vista, a municipal corporation {hereinafter referred to as "CITY"); and I.T. Corporation, an environmental management firm (hereinafter referred to as "CONTRACTOR"). II. INTENT OF THE PARTIES It is the intent of the CITY and CONTRACTOR that CONTRACTOR carry out the attached Scope of Work contained in ATTACHMENT "A". It is further the intent of the CITY that CONTRACTOR coordinate its work with the Director of Public Safety. III. OBLIGATIONS OF THE CONTRACTOR CITY, pursuant to this agreement, hereby contracts with I. T. Corporation {CONTRACTOR) to act in its behalf directly and indirectly and in conjunction with CITY staff in carrying out the attached Scope of the Work (ATTACHMENT "A"). CONTRACTOR will perform in accordance with the standard customarily provided by a experienced and competent environmental management firm rendering the same or similar services. IV. OBLIGATIONS OF THE CITY CITY shall regularly consult the CONTRACTOR for the purpose of reviewing the progress towards completion of the Scope of Work (Attachment A). The CITY shall permit access to its shooting range throughout the term of the contract. V. ADMINISTRATION OF CONTRACT The CITY hereby designates the Director of Public Safety as the CITY's · representative in the review and administration of the work performed by CONTRACTOR. VI. TERM This agreement shall become effective upon execution as authorized by the Mayor of the CITY, or his designee, and shall terminate, if not terminated pursuant to other provisions contained herein, or otherwise extended by all parties, on July l, 1987. VII. COMPENSATION The compensation to be paid by CITY to CONTRACTOR shall be on a fixed fee basis in an amount not to exceed SEVENTEEN THOUSAND, FIVE HUNDRED SIXTY SEVE~J DOLLARS AND TWENTY FOUR CENTS 1517,567.24). CITY agrees to pay the total sum ~nvoiced and approved by the Director of Public Safety upon satisfactory completion of the Scope of Work (Attachment "A") within 30 days of receipt of invoice. VIII. HOLD HARMLESS CONTRACTOR agrees to indemnify and hold harmless the City of Chula Vista against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the CONTRACTOR or any of its officers, agents or employees. IX. INSURANCE A. CONTRACTOR shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage insurance covering all operations hereunder of CONTRACTOR its agents and employees including but not limited to premises and h automobile, wit minimum coverage of One Million Dollars ($1,000,000.00) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the City as Additional Insured, shall be submitted to the City Clerk at 276 Fourth Avenue. Said policy or policies shall provide THIRTY (30) day written notice to the City Clerk of the City of Chula Vista of cancellation or material change. B. CONTRACTOR shall also carry Worker's Compensation insurance in the statutory amount and Employer's Liability coverage in the amount !i of $500,000; evidence of which is to be furnished to City Clerk in the form of Certificate of Insurance. X. Attorneys Fees In the event of an~v dispute between the parties, the prevailing Party shall recover its attorney fees, and any costs and expenses incurred by reason of such dispute. XI. TERMINATION OF AGREEMENT FOR CAUSE If, through any cause within CONTRACTOR'S control, CONTPJ~CTOR shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this agreement, CITY shall have the right to terminate this agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Paragraph VII hereinabove. XII. TERNINATION OF AGREErIENT FOR CONVENIENCE OF CITY CITY may terminate this agreement at any time and for any reason for giving specific written notice to CONTRACTOR of such termination and specifying the effective date thereof, at least thirty (30} days before the effective date of such termination. If the agreement is terminated by CITY as provided in this paragraph, CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on the effective date of such termination. CONTRACTOR hereby ekpressly waives any and all claims for damages or compensation arising under this agreement except as set forth in Paragraph VII hereinabove in the event of such termination. XIII. ASSIGNABILITY CONTRACTOR shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of CITY. XIV. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive property -3- of CITY. No such materials or properties produced in whole or in part under this agreement shall be subject to private use, copy rights, or patent rights by CONTRACTOR in the United States or in any other country without the express written consent of CITY. CITY shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this agreement. XV. INDEPENDENT CONTRACTOR CITY is interested only in the results obtained and CONTRACTOR shall perform as an independent contractor with sole control of the manner and means of performing the services required under this agreement. CITY maintains the right only to reject or accept CONTRACTOR'S work product(s). CONTRACTOR and any of the CONTRACTOR'S agents, employees, or representatives are, for all purposes under this agreement, an independent contractor, and shall not be deemed to be an employee of CITY, and none of them shall be entitled to any benefits to which CITY employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. XVI. CHANGES CITY may require changes in the scope of the services by CONTRACTOR to be performed under this agreement. Such changes, including any change in the amount of CONTRACTOR'S compensation which are mutually agreed upon by CITY and CONTRACTOR shall be effective as amendments to this agreement only when in writing. XVII. RESPONSIBLE PERSON IN CHARGE CONTRACTOR shall assign a project manager(s) to the project for the duration of the project. No substitution for this position shall be allowed without written approval from the CITY's Director of Public Safety. The project manager for I.T. Corporation shall be Michael Varga XVIII. NOTICE Any notices authorized or required to be given hereunder shall be given by depositing same in the U.S. mail, postage prepaid, addressed as follows: FOR CITY: FOR CONTRACTOR: City of Chula Vista IT International Technology Corporation 276 Fourth Avenue P.O.Box 261089 Chula Vista, CA 92010 San Diego, CA 92126 -4- IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this contract for engineering services this 26th day of May , 1987. CITY OF CHULA VISTA CONTRACTOR BY: J~ /~ (~}~ BY: ~L~L~ ~ * / I.T. Corporation" WPC 0643K Approved as to form by City Attorney -5- ATTACHMENT "A" SCOPE OF WORK 1. Remove; dispose of at the appropriate hazardous waste disposal site; and replace all carpeting, wall tiles, and acoustic ceiling panels. 2. Vacuum~ using filters specifically designed for removal of toxic contaminants, all surfaces of the shooting range and instruction room, including the mechanical tracks of the track supports and ventilation grates. 3. Vacuum and clean the outtake vents located on the roof of the Police Department. 4. Wipe all surfaces of the shooting range with an oily solvent that will solubilize lead dust. 5. After work is completed, take one air sample and two wipe samples to determine the level of lead dust in the shooting range. 6. Provide the City with a report describing the decontamination and results of the laboratory analysis of the air and wipe samples. The final results must meet or exceed the Cal/OSHA lead standard. WPC 0643K