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HomeMy WebLinkAboutReso 1986-12697 Revised 9/8/86 RESOLUTION NO. 12697 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDED AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA SANITARY SERVICES, INC. TO PROVIDE STREET SWEEPING SERVICES 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 Amended Agreement between THE CITY OF CHULA VISTA, a municipal corporation, and CHULA VISTA SANITARY SERVICE, INC. to provide street sweeping services, dated the 2nd day of September , 1986, 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 amended agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the sum of $6,000 be, and the same is hereby appropriated from the unappropriated Gas Tax Fund balance to the street sweeping control account (100-1440-5203). Presented by Approved as to form by P. ni~Ditf,' Director of ~ ~9~ Attorney Public Works/City Engineer 1920a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2nd d(~J of September 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox, McCandliss, Campbell, Moore, Malcolm NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None City of Chula Vista ST~ ATTE ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO } ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12697 ,and that the same has not been amended or repealed DATED City Clerk CrlY OF CHUIA VISI'A CC-660 AMENDED AGREEMENT THIS AMENDED AGREEMENT, made and entered into this 2nd day of September , 1986, by and between the City of Chula Vista, California, a Municipal Corporation, hereinafter designated as "CITY," and CHULA VISTA SANITARY SERVICES, INC., a California Corporation, hereinafter referred to as "CONTPOkCTOR." WITNESSETH WHEREAS, the Contractor has submitted to the City a proposal to sweep the public streets within the limits of the City, and WHEREAS, it has been determined that it is in the best interests of the City to enter into the Agreement hereinafter contained. NOW, THEREFORE, in consideration of the mutual promises, conditions, and convenants herein contained, the parties hereto agree as follows: 1. TERM OF AGREEMENT The term of this Agreement shall be for a period commencing on September l, 1986, and expiring on August 31, 1987, except where terminated as provided in Paragraph 15 of this Agreement. Contractor and City may further extend agreement, by mutual agreement on a year-to-year basis, for an additional two years in which case the sweeping costs would be renegotiated. 2. COMPENSATION For all of the services which Contractor is obligated to perform under the terms of this Agreement, the City shall pay to the Contractor the sum of $149,919 divided into twelve equal payments for those streets indicated for Preannexation City. City shall pay to the contractor the additional sum of $32,271 divided into twelve equal payments for those streets indicated for the Montgomery area. The Contractor shall provide sweeping as specified and additional street sweeping service not otherwise specified at the rate of $32.35 per hour or $11.86 per curb mile when requested by the Director of Public Works/City Engineer. Contractor shall submit all billings for the preceeding month prior to the first Wednesday of each month. Payments will be mailed by the second Friday of each month. 3. CONTRACT DOCUMENTS That the complete contract between the parties shall consist of this agreement. 4. DUTY OF CONTRACTOR For the term of this Agreement, Contractor shall sweep public streets, including cross gutters, in the City in accordance with the approved schedule as shown on Exhibit 'A' attached hereto. Where inclement weather, as determined by the Director of Public Works/City Engineer, prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within the following one week period from the date of the scheduled sweeping without interruption of the regular sweeping schedule. The Contractor shall perform all extra work required by such inclement weather without additional charge. When any holiday or observance as specified in the Government Code of - the State of California occurs on a regular scheduled sweeping day, said sweeping area shall be swept within two days from the regularly scheduled sweeping day without interruption in the regular sweeping schedule. The Contractor has the option to sweep on designated City holidays. In the event the Contractor is prevented from completing the sweeping as provided in the schedule because of reasons other than inclement weather, he shall be required to complete the sweeping services so deferred prior to the next regular scheduled date, or give the City credit for the work not so performed at the rate specified in Paragraph 2. The Contractor shall submit reports to the Director of Public Works/City Engineer showing those streets on the schedule which the Contractor was unable to sweep. 5. EQUIPMENT AND LABOR Contractor shall use and furnish at his own expense, all labor, equipment, and materials necessary for the satisfactory performance of the work set forth in this Agreement. Contractor shall use that street sweeping equipment that is necessary to clean the streets of the City of paper, dirt, rocks and debris. The machinery and equipment used by the Contractor in the furtherance of this Agreement shall be modern, clean and maintained in proper working condition at all times. Usage of said equipment shall not violate the Chula Vista Noise Ordinance. Nothing herein shall preclude the Contractor from substituting other equal equipment due to maintenance or other factors upon prior notice to the City. All equipment shall be available for inspection by the City upon 24 hours notification to the Contractor. Equipment used by the Contractor for work to be done under this Agreement shall not exceed six years in age, unless certification is presented by Contractor and approved by Director of Public Works/City Engineer, that equipment has been completely overhauled and/or rebuilt. The parties agree and intend that the relationship created by this Agreement is that of employer-independent contractor. 6. SCHEDULE The sweeping schedule which the Contractor shall follow shall be a schedule approved by the Director of Public Works/City Engineer. The hours during which the sweeping shall be performed shall be approved by the Director of Public Works/City Engineer. The Contractor may be required to do early morning sweeping by the Director of Public Works/City Engineer including but not limited to Major Streets. No sweeping in residential areas shall be started prior to 7:00 a.m. 7. DISPOSAL OF SWEEPING Contractor shall dispose of all refuse collected by hauling the same to legally established disposal areas. Transfer points for storage of sweepings must be approved by the Director of Public Works/City Engineer and shall in no case be stored in the City in excess of 7 days. 8. WATER The Contractor shall make all necessary arrangements to obtain and pay for water necessary for the operation. The Contractor shall maintain an accounting of the amount of water used each day and have this information available upon request. 9. ADDITIONAL WORK In the event the City desires to extend the sweeping program to include streets constructed after the effective date of this agreement, or other streets or alleys, or parking lots, any additional sweeping which is required of Contractor shall be paid for at the curb mile rate specified in Paragraph 2 ($11.86 per curb mile). Any special sweeping required by the Director of Public Works/City Engineer shall be paid for at the hourly rate specified in Paragraph 2 ($32.3§ per hour). Contractor and City agree that amount paiO per Paragraph 2 at start of contract shall include all streets in City currently being swept by City forces as of August 31, 1984. 10. SIGNS The Contractor shall place signs approved by the Director of Public Works/City Engineer on the street sweeping equipment used in the performance of the work, which signs shall be visible from both sides of the vehicles and shall read "Under Contract to the City of Chula Vista." ll. FAITHFUL PERFOR~NCE BOND The standards of performance which the Contractor is obligated to perform hereunder are the standards which are considered to be good street sweeping practices and shall be subject to the approval of the Director of Public Works/City Engineer. The Contractor shall maintain in full force and effect during the term of this agreement, a Bond for Faithful Performance from a corporate security satisfactory to the City. Said corporate security shall be duly authorized to do business in the State of California. Said Performance Bond shall be in the amount of $150,000. 12. ASSIGNMENT The Contractor shall not assign, sublet, or lease any part or portion of this agreement without the prior written approval of the City Council. 13. HOLD HARMLESS All officers, agents, employees, subcontractors, their agents, and officers and employees who are hired by the Contractor to perform pursuant to this Agreement, shall be deemed officers, agents and employees and subcontractors of the Contra.:tor. Contractor agrees to indemnify, save and hold harmless the City and its officers, agents and employees from any and all lawsuits, damages, liability, claims or costs of any nature whatsoever arising out of or resulting from, either directly or indirectly the pertormance pursuant to this agreement, to the maximum extent allowed b9 law. 14. INSURANCE The Contractor shall secure, maintain in full force and effect, and bear the cost of complete Workmen's Compensation Insurance, in accordance with the Labor Code for the duration of the contract and shall furnish to the City of Chula Vista, prior to the execution of this agreement, a Certificate of Insurance which meets the requirements of the Labor Code. The City, or any of its officers or employees, will not be responsible for any claims or suits in law or equity occasioned by the failure of the Contractor to comply with the provisions of this paragraph. The Contractor shall maintain in force public liability and property damage insurance with aggregate limits of $5,000,000. The Contractor shall file with the City of Chula Vista prior to execution of this agreement, a certificat~ issued by the insurance carrier certifying that the stipulated insurance policies are in effect and that SIXTY {60) days written nctice will be given to the City prior to cancellation thereof. The City of Chula Vista shall be named as additional insured. 15. TERMINATION A. Default 1. The City may, by written no';ice to the Contractor, terminate the whole or any part of this contract if the Contractor fails to perform any of the provisions of this agreement, or so fails to prosecute the work as to endanger performance of this agreement in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (lO) days (or such longer period as the City may authorize in writing) after receipt of notice from the City specifying such failure. 2. In the event the City terminates this agreement in whole or in part as provided in this section, it may procure, upon such terms and in such manner as the City may deem appropriate, work similar to the work so terminated and the Contractor shall be liable to the City for any excess costs for such similar work; provided that the Contractor shall continue the performance of this agreement to the extent not terminated under the provisions of this clause. B. Any termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the agreement is terminated, and the date upon which such termination becomes effective. After receipt of a Notice of Termination, and except as otherwise Oirected by the City, the Contractor shall: 1. Stop all work under the agreement on the date and to the extent specified in the Notice of Termination. 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the agreement as is not terminated; 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; 4. Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, with the approval or ratification of the City, which approval or ratification shall be final for all the purposes of this clause. C. After receipt of a Notice of Termination, the Contractor shall submit to the City a termination claim, in the form and with certification prescribed by the City. Such claim shall be submitted promptly but in no event later than sixty (60) days from the effective date of termination, unless one or more extensions in writing are granted by the City upon written request of the Contractor. D. The total sum to be paid to the Contractor shall not exceed the total agreement price as reduced by the amount of payments otherwise made and as further reduced by the agreement price of work not completed. E. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. 16. NOTICES All n~tices or co~m~unication to either party to this Agreement by the other party shall be deemed given when made in writing and delivered or mailed to such party at its respective address, as follows: CITY: City of Chula Vista Department of Public Works Operations Division 276 Fourth Avenue Chula Vista, CA 92010 CONTRACTOR: Chula Vista Sanitary Services, Inc. 311 "F" Street Chula Vista, CA 92012 17. LITIGATION In the event that litigation is commenced to interpret or enforce the terms of this Agreement, the prevailing parties shall be entitled to an award of Attorney's fees and costs. IN WITNESS WHEREOF, the parties hereto have executed an Agreement in duplicate at Chula Vista, California, the day and year first above written. CITY OF CHULA VISTA CHULA VISTA SANIT/~RY SERVICE A MuniFipal Corporation Gregory ~..~(~x; Mayor ~d Ci~ase dennie M. Fulas ,l?ity Clerk ) APPROVED AS TO FORM: Tho~ias 7. Harron, City Atto~q~C~ WPC 0388D EXHIBIT ~A~ PAGE 1 OF 5 AMENDED SCHEDULE FOR STREET SWEEPING FOR THE CITY OF CHULA VISTA A. PREANNEXATION CITY 1. RESIDENTIAL 384.08 curb miles to be swept once every two weeks 9.25 curb miles to be swept once every week including the following: Curb Miles "C" Street, from Broadway to Fourth Avenue 0.98 Fifth Avenue, from "E" Street to "H" Street 1.52 "F" Street, from Second Avenue to Hilltop 1.02 Orange Avenue, from 1-805 to Oleander Ave. 0.50 - Palomar, from Bay Blvd. to east City limits 1.21 - "J" Street, from Hilltop to West Bay 4.02 2. COMMERCIAL 20.69 curb miles to be swept three times per week including the following: Curb Miles Broadway, "C" to Moss Street 4.80 Broadway, Oxford to Naples 0.49 Third Avenue, "C" to "L" Street 5.20 "E" Street, Second Avenue to Railroad Tracks 2.80 Davidson, Fig Street to Del Mar 0.60 "F" Street, Broadway to Second Avenue 2.20 Madrona, Landis to Del Mar 0.60 "H" Street, Third to Rohr 2.40 "I" Street, Broadway to Fifth Avenue 0.60 Fifth Avenue, "H" to "I" Streets 0.60 - Guava, "F" to Memorial Way 0.40 5.47 curb miles to be swept twice a week includin9 the following: Curb Miles - Fourth Avenue, Trousdale to south City limits 5.4. 7 EXHIBIT 'A' PAGE 2 OF 5 37.5 curb miles to be swept once per week including the following: Curb Miles - "G" Street, railroad tracks to Second Avenue 2.7 - Center Street, Fourth Avenue to Del Mar 0.8 - Landis, "E" Street to "F" Street 0.4 - Church, "E" Street to "F" Street 0.4 - "H" Street, Third Avenue to First Avenue 1.O - Del Mar, "E" Street to "G" Street 1.O Park Way, Third Avenue to Fourth Avenue 0.6 Otay Lakes Road, Bonita Road to Telegraph 5.9 Canyon Road Telegraph Canyon Road, Nacion to Rutgers 8.2 "L" Street, Third Avenue to Nacion 3.2 "E" Street, Second Avenue to Plaza Bonita Road 2.3 Hilltop, "F" Street to Main 6.8 Main, Brandywine to Rios 1.5 Orange, 1-805 to Albany 2.7 17.9 curb miles of commercial streets to be swept once every two weeks including the following: Curb Miles West Bay Blvd., "E" Street to Palomar 4.9 "H" Street, Hilltop to Otay Lakes Road 8.1 - Bonita Road, Willow to east City limits 1.5 - "L" Street, Third Avenue to West Bay Blvd. 3.4 17.9 3. CENTER ISLANDS AND MEDIANS 14.02 curb miles to be swept once per month including the following: Curb Miles - Otay Lakes Rd. at Bonita Rd. .07 - Otay Lakes Rd. at Telegraph Canyon Rd. .07 - Bonita Rd. at Willow Rd. .lO - E. "H" Street, Buena Vista to Otay Lakes Rd. 1.03 E. "H" Street, 1-805 to Hidden Vista .76 Buena Vista and Telegraph Canyon .07 Telegraph Canyon, Nacion to East end 3.61 Bay Blvd., North and South of "L" Street .45 Broadway, Naples to Oxford .43 Broadway, Moss to "L" Street .28 EXHIBIT 'A~ PAGE 3 OF 5 Curb Miles - Orange, 1-805 to Albany 2.66 - Parkway, 3rd Ave. to 4th Ave. .35 - 4th Ave., Trousdale to south of "C" Street .54 - 3rd Ave., Madrona to "F" Street .29 3rd Ave., "D" Street to Seavale .16 Bonita Rd. and 1-805 .79 Bonita Rd. and "E" Street .02 "J" Street, Floyd to Cassia Pl. .39 "J" Street, Broadway to Tidelands 1.95 4. CENTER LINES 12.1 curb miles to be swept once per month including the following: Curb Miles "E" Street, western ramp of 1-805 to West Bay 1.2 Blvd. "H" Street, 1-805 to West Bay Blvd. 1.3 "L" Street, 1-805 to West Bay Blvd. 2.1 Broadway, "C" Street to Moss 1.2 4th Ave., "C" Street to Westby 1.7 3rd Ave., "C" Street to "L" Street 1.1 Hilltop, "F" Street to Naples 1.9 Main, Oleander to Rios .5 Otay Lakes Rd., "H" Street to Telegraph Canyon .6 Bonita Rd., Willow to Otay Lakes Rd. .5 0.3 curb miles to be swept once per week including the following: Curb Miles - "E" Street, from western ramp of 1-805 to eastern ramp 0.~3 5. PARKING LOTS 237,232 square feet of golf course and park parking lots to be swept once per week including the following: Square Feet General Roca Park 36,010 Golf Course 108,518 Rohr Park 92,704 237,232 EXHIBIT ~A~ PAGE 4 OF 5 347,635 square feet of park parkin9 lots to be swept once per month including the following: Square Feet Memorial Park/Park Way Gym 20,913 Norman Park Center 13,200 - Halecrest Park 5,797 Gre§ Rogers Park 22,914 Palomar Park 14,190 Rienstra Park/Max Field 85,083 - Loma Verde Park 88,468 - SDG&E Park on Hilltop at Rienstra 11,329 - Hilltop Park at Telegraph Canyon 10,877 - Bayfront Park 15,000 - Library Park 59,864 141,031 square feet of public parking lots to be swept once per month including the following: Square Feet Public Services, "F" Street at 4th Ave. 17,360 - Memorial Way, 276 4th Ave. 14,427 Fire Station ~l, "F" Street 45,366 Fig and Davidson 14,388 Landis and Davidson, North Side 25,520 Landis and Davidson, South Side 12,932 Police, 276 4th Ave. 11,038 B. MONTGOMERY AREA 1. Residential Streets (curbed) - 32.38 curb miles to be swept once every two weeks 2. Commercial Streets - 13.16 curb miles to be swept three (3) times per week Curb Miles - Broadway, Moss to Naples 0.52 Broadway, Oxford to Main 2.12 - Fourth, L to Main 2.88 - Third, L to Main 2.64 - Palomar, Third to 800 ft west of Broadway 2.28 - Main, I-5 to 300 ft west of Hilltop 2.18 - Main, Hilltop to Rios 0.54 EXHIBIT 'A~ PAGE 5 OF 5 3. Center Islands - 1.60 curb miles to be swept once per month Curb Miles - Broadway, Moss to Naples 0.52 ~ Broadway, South to City limits 1.08 4. Center lines - 5.26 miles to be swept once per month Miles Fourth, L to Main 1.44 Third, L to Main 1.32 Palomar, Third to 800 ft west of Broadway 1.14 Main, I-5 to 300 ft west of Broad~ay 1.09 Main, Hilltop to Rios 0.27 5. Non curbed streets - 15.07 miles (30.14) to be swept once per month C. NEW STREETS - added since the beginnin§ of the contract as of 8/21/86 1. 20.14 curb miles of streets to be swept once every two ~¢eeks. Curb Miles - Hidden Vista/E. "H" St. et al 6.92 Point Robinhood Cul-de-sacs 4.00 E1 Rancho Del Rey (E. "J" St. and 2.32 Redbu~, et al Del Mar to 2nd Ave., et al 1.58 Maxwell Rd. - Main St./N.C.L. 0.67 Design St. - Maxwell Rd./West end 0.25 Beacon Place and Down Ct. 0.24 El Rancho Del Rey Unit 6A (Cassia Pl., 3.10 Chestnut Ct., et al) E1 Rancho Del Rey Unit 6D (Red Oak Pl., 0.69 Wild Oak Rd., et al Rut§ers - Gotham/E. "H" St. 0.37 2. 2.46 miles of Downtown Alleys to be swept twice per week 3. Center Islands - 1.54 miles to be swept once per month Miles E. "H" St. - Hidden Vista/East end 1.5~4 WPC 1692E