HomeMy WebLinkAboutReso 1985-12244 Revised 11/13/85
RESOLUTION NO. 12244
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
TRANSFER OF FUNDS FROM THE CONTINGENCY FUND
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Amended Agreement
between the City of Chula Vista, a municipal corporation, and
Chula Vista Sanitary Services, Inc., to provide street sweeping
services, dated the 12th day of November , 1985, a copy
of which is attached hereto and incorporated herein by reference
as if set forth in full.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute this amended agreement for and on behalf of the City of
Chula Vista.
BE IT FURTHER RESOLVED that the sum of $3,800 be, and
the same is hereby authorized to be transferred from the
Contingency Fund to the Street Sweeping Contract Account
100-1740-5298.
Presented by ,~ as to,form by
~/un~ ~ pplt%, Director of ~Th ./~ron, City Attorney
Public Works/City Engineer
0951a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA. CALIFORNIA. this 12tn day of November
19 85
, by the following vole, to-wif:
AYES: Councilmembers Nalcolra, Moore, ¢o×
NAYES: Counci] members NoDe
ABSTAIN: Councilmembers SCott
McCandliss
ABSENT: Council members
Mo~the City of Chulo
city Cie,k:
~TATE OF CALIFORNIA )
;OUNTY OF SAN DIEGO ) ss.
31TY OF CHULA VISTA )
I. JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista. California.
)O HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 12244
,and that the same has not been amended or repealed.
ATED
(seal) City Clerk
C-660
AMENDED AGREEMENT ? ,.~' ~ ....
THIS AMENDED AGREEMENT, made and entered into this 12th day
of November , 1985, by and between the City of Chula Vista, Ca-lTi~ornia,
a Municipal Corporation, hereinafter designated as "CITY," and CHULA VISTA
SANITARY SERVICES, INC., a California Corporation, hereinafter referred to as
"CONTRACTOR."
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, 1985, and expiring on August 31, 1986, except where
terminated as provided in Paragraph 15 of this Agreement. City shall
have the sole option to extend agreement for one year additional
year. If the 9ontract is extended, the unit prices shall be adjusted
based on the lannual change of the San Diego Metropolitan Consumer
Price Index (all urban) for the San Diego area not to exceed 6% per
year. 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 $142,067 divided into twelve equal payments.
The Contractor shall provide sweeping as specified and additional
street sweeping service not otherwise specified at the rate of $31.62
per hour or $11.59 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.
R-12244
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. 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 perfomed 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 / ~,,~]> '~ ,L~
The sweeping schedule which the Contractor shall follow shall be a
schedule ~pproved 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 ($11.59 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 ($31.62 per hour). Contractor and City agree that amount
paid per Paragraph 2 at start of contract shall include all streets
in City currently being swept by City forces as of August 31, 1985.
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 PERFORMANCE 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 Contractor. 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 performance pursuant to this
agreement, to the maximum extent allowed by 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 certificate issued by the insurance
carrier certifying that the stipulated insurance policies are in
effect and that SIXTY (60) days written notice 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 notice 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 (10) 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 directed 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 notices or co~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
276 Fourth Avenue
Chula Vista, CA 92010
CONTRACTOR: Chula Vista Sanitary Services, Inc.
311 "F" Street
Chula Vista, CA 92012
l?. 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 SANITARY SERVICE
A Municipal Corporation
Grego Mayor Bu~ Chase,-v±ce Pre~Gle~Ft
ATTEST:~
J~ie-M. Fulasz, CityT~Ferk
APPROV~ AS TO FORM:
/TJiomas d~ql~rbn, City Attorney
WPC 0388D
AMENDED SCHEDULE FOR STREET SWEEPING
FOR THE CITY OF CHULA VISTA
1. RESIDENTIAL
386.19 curb miles to be swept once every two weeks
7.20 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 1.97
2. COMMERCIAL
23.98 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
- Broadway, "L" Street to Moss 0.49
- Third Avenue, "C" to "L" Street
"E" 5.20
- 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
"L" Street, railroad tracks to Third Avenue 2.40
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 including the following:
Curb Miles
Fourth Avenue, Trousdale to south City limits .5.47
36.2 curb miles to be swept once per week ~ncludlng the ~ollowlng.
Curb Miles
"G" Street, railroad tracks to Second Avenue 1.4
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 1.0
Del Mar, "E" Street to "G" Street 1.0
Park Way, Third Avenue to Fourth Avenue 0.6
- Otay Lakes Road, Bonita Road to Telegraph Canyon Road 5.9
- 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
2.7
- Orange, 1-805 to Albany ~
17.9 curb miles of commercial streets to be swept once every two
weeks including the following:
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
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. .10
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
Baby Blvd., North and South of "L" Street .45
Broadway, Naples to Oxford .43
- Broadway, Moss to "L" Street .28
- 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 Seaval e .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
-2-
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 Blvd. 1.2
"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,§18
- Rohr Park 92,704
347,635 square feet of park parking 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
Greg 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
-3-
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 #1, "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
6. NEW STREETS
15.74 curb miles of streets to be swept once every two weeks
including the following:
Curb Miles
Hidden Vista 6.92
Pt. Robinhood 4.0
E1 Rancho Del Rey 2.32
Maxwell Rd. 0.67
Design St. 0.25
Del Mar to Second Avenue from "C" to Bayview 1.58
1.54 curb miles of center islands to be swept once per month
including the following:
Curb Miles
East "H" Street from Hidden Vista to east end 1.54
WPC 1692E
-4-