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HomeMy WebLinkAboutReso 1985-12156 RESOLUTION NO. 12156 RESOLUTION OF THE C~TY COUNCIL OF THE CITY OF CHULA VISTA APPROWNG EXTENSION OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA SANITARY SERVICES, INC. TO PROVIDE STREET SWEEPING SERVICES AND AUTHORIZING TRANSFER OF FUNDS FROM THE CONTINGENCY FUND The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore by Resolution No. 11730 approved an agreement with Chula Vista Sanitary Services, Inc., a copy of which is attached hereto and incorporated herein as though fully set forth, to provide street sweeping services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that said agreement is hereby extended for a period of one (1) year, from September 1, 1985 to August 31, 1986. BE IT FURTHER RESOLVED that the amount of $3,000 is hereby authorized to be transferred from Account No. 100-0730-5399 - Contingency Fund to Account No. 100-1740-5298 - Street Sweeping Contract. Presented by approve~s to form by ~n P. Lip~itt, Director of P~blic Works/City Engineer ~/o~a Attorney 0747a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of September 19 85 , by the following vote, to-wit: AYES: C0unci]member$ McCandliss, Cox, Malcolm, Moore NAYES: Counci] members .. None ABSTAIN: Counci lmembers Scott ABSENT: C0unc i ] members None May~r ou tKe City of Chula Vista ATTES ' , ' ' Y STATE 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above and foregoing is o full, true and correct copy of RESOLUTION NO. 12156 ,and that the some has not been amendedor repealed. )ATED (seal) City Clerk :C-660 AGREEMENT ' - ~ THIS AGREEB1ENT, made and entered into this 14th day of Auaust , 1984, 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 "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 containeo, the parties hereto agree as follows: 1. TERM OF AGREFJIENT The term of this Agreement shall be for a period commencing on Septe~er l, 1984, and expiring on August 31, 1985, except where terminated as provided in Paragraph 15 of this Agreement. City shall have the sole option to extend agreement for two additional years on a year to year basis. If the contract is extended, the unit prices shall be adjusted based on the annual 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 )~hich case the sweeping costs would be renegotiated. 2. COMPENSAT ION 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 $134,788 divided into twelve equal payments. The Contractor shall provide sweeping as specified and additional street sweeping service not otherwise specified at the rate of $30 per hour or $11 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. CON TP. ACT DOCUMENTS That the complete contract between the parties shall consist of this agreement and the Contractor's proposal. The Contractor's proposal is included as Exhibit A. -1 R-11730 In th~ event of conflict between the terms of the proposal and this agreement, the agreement shall take precedence. 4. DUTY OF CONTRACTOR During the term of this Agreement, Contractor shall sweep public streets in the City in accordance with the approved schedule. Where inclement weatJler, 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 additiona] 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 hol i days. In tile event the Contractor is prevented from completing the sweeping as provided in the sci~edule 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. EQUIRMENT 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 ~chinery 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 ilerein shall preclude the Contractor from substituting other equal equipment due to maintenance or other factors upon prior notice to tile 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 si)all not exceed six years in age, unless certification is presented by Contractor and approved by Director of Public Works/City Engineer, tllat 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. -2- 6. SCHEDU'LE ~ 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 U)e 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 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 ($30 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, 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~ANCE 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. -3- The C~ntractor 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 auti~orized to do business in the State of California. Said Performance Bond shall be in the amount of $150,000. 12. ASSIG~IEN T 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. Tile 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 fai]s 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 whici~ 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 Oate 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 communication to either party to this Agreement by the other party shall be deemed given when n~lde 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 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 A Municipal Corporation Gte y Chul~ Vista Sanitary.'~vice, Inc. ATT~: J~i6 N. Fulasz, CitgCl~r~= ~PROVE~ TO FORM: WPC 0388D I1'73o