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HomeMy WebLinkAboutReso 1979-9804 ~ RESOLUTION NO. 9804 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO CITY/CALTRANS SB 283 CONTRACT 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 Amendment to the City/ Cal trans 283 contract, dated the 9th day of October , 1979, a copy of which is attached hereto and incorporated herein by reference as if set forth in full 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 to execute six copies of the amended City/Caltrans 283 contract. Presented by Approved as to form by George /', / "..., ,r') ,./" Y' :..<~'.' J;:~~'~~~:'Z:~;~pmen t Services Administrator ~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 9th day of October , 197---2-, by the following vote, to-wit: AYES: Councilmen Gillow, Cox, Hyde, McCandliss, Scott NAYES: Councilmen None ABSENT: Councilmen None wJ..Q ~'..L~ ATTEs~L~~~aYor of the City~ula V Cit Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SSe CITY OF CHULA VISTA) Vista I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk 5T ANDARD AGREE /'IEN-:- -/ ST':'Tf:.. ')r. :A~ =OR~j A - ( ( .. ,-:: ~ THIS ...\C;r"::EE\1F \'T. ::-;,dc ~i:lC (>::~,_,~,~,c ~h; 9th Octgf2~_~___ . 1'-' JL . ,:.1 :J.;/~~ ::~ C~. '..1l~ctec or ~!DD0~:l:CC. _._~.._---- S:i.I.t-_' u: C~::lf,~t;:;J~j. ~~.. ~Inc :_H~':\'.:et-::~ St<.j't-.: t Ci.:.: 'C:-7: :'-:. q u., . 1 ( lee and de tIn g T ~ _ ~-= ::::. F C ~,.. :::: E ~-; ;..: ~ "J.....'.:) "'" 5 -... :.. T E-. A -:; ':-,'; = . - . SECRETARY BUSI~ESS AND TRANSPORTATION AGENCY 64209-E hf'fp'rJiU'f c:u,:;'/:,; U:t' ,'<:11;/', ;" CITY OF CHULA VISTA Amendment No. 2 hl!ff~i;frl~r cufit'l: I!:r' .. .1)~!r(Jc! \\'rr:';ESSETH' l'h'dt t::L' CO:1trCictor for 8.i'.c in cor:sideration ot thE:.' co\'er.L!:1ts. cCJnaltlons, Cigreeme:1ts, (1!1C Stl;)L.l:3t~O~:': I){ :~:_' :;;'-;::", hercInafter expreSsec. coes hereby ;fgree :0 furr:lsh to :he StC:de Ser",lCeS i.::1nci mcderlals. ctS 1011o'.1:s :S,,[ 'e ;th St"TJr:f: [10 ill' rt:;II:I:(,d h\' (."lir1frc!('1/,: urnl ::':t 1n i". ;x::{:" ',::![t),'!'I; !;fI)t' '-:If pcr~!I,r'I:'-:Ii~!' ", ('()mf,jt~t/(Jn, unci (111r:,:1 pl::r;~ (lr::_! ~i}~'i':;,. r:' Standard Agreement 64209-E dated October 1~ 1978, is hereby amended to revise the following sections of said Standard Agreement; Paragraph 4, Article I, Paragraphs 1, 3 and add Paragraph 4. Article IV, Paragraph 3, Article VI, Exhibit B, Project Description, Paragraphs 4, 5, and 8 and Exhibit B, Estimate of Cost in its entirety. Paragraph 4, Article I. 4. CONTRACTOR agrees to complete the PROJECT on or before the following date: December 30, 1980. Paragraphs 1 and 3, Article IV. \ 1. STATE shall pay its share of the PROJECT cost to CONTRACTOR periodically but not mo e frequently than once a month, upon submission by CONTRACTOR of itemized invoices in duplicate, showing actual expenditures for the period. Total ST ATE participation in th shall not exceed the amount set forth in Exhibit B. No payment shall be made or any em in advance of work except that upon request of CONTRACTOR and approval by ST E, ilay t may be made for the purchase of equipment after the CONTRACTOR has execut ai 0 ~t for acquisition of the equipment. A final voucher shall be submitted within 90 days f eom ~n of the PROJECT. EXEMPT F:10M PE::SC'~!NEL 'itRD ~' r;: Thc pro'.;slons 0:1 the 'e\.e'se side "C'C'(\' con"'.'''te d p.j" of d,'s 'grpe"'er' REVIEW PEl( M2MO OF 8-2 -;. \ ~ I:,"n ,,~';._,.' "."-',, :'. - ",','...:,-.'.,'o.~.'."r'. L.';,:"':::_;~~.~:" IIEM A h...... . .... 8. '/0 " ...TNL_,~ .\HEREOt. ,:1IS "gree,..L.., ,,,.,, ~"'t., ,.~,eL,.tec ,'.. ,,,C' ,.L',Lle~ "lrc,,'. Ul":',. ",t' c..de L,S. abo\c \\.,.,~<s ['Ii'" Agency CONTRACTOR ~ ~ 5T A TE OF CALIFORNIA A.'::;t._'.::', <: -:-:..;, . v "'-'" ......A... to..; I".;:; ::~A.L -:..-, ~x pese e :::: ",; ~ :'. '.j E:-: :)..~ _ ~ ~ E ;:- ~ ':: 10. =- .:. ~~ " G ~..:..':-- '':':- ~::;". - ~ t.. ,- ... .;::: Avenue, Chula Vista. C A 92010 il~'''~-''~ c"Cr"~E"C~ II-J :'\; ~ '-.; ::::~' '.A ::~ E "-: E C E' to ___ :'". C ~~ II ?, , . "'" '. c. '''.''"'~, c I is i :,. , : Of ,. 'c l" "".":' ,S .:.;:. - ~::::;:..::. ... . , ". -".,j:: Deportment or General Services Use ONL Y / I ~ ._H_ IV'~13~~ ',C ~.~!r:q,.~ "'" ,,:~ 1 ~.._~._., , -. s ~ A. - _ - ,- :: i :: :::: ~~ 16(c) 1975 i 78-79 -------- Dt ..~~- ~( c-f C'>":'!1~rc! -i --rv:~-:;-- APPRO\/;=D ;:- - ""I;: ~ ..:::>"-. lJ1asc:; -r:; Q f1 <;',(70 ,.fa. f, '0"" (f AII't. Chief Cou_1 ?9,')/o :) d9".3~< . . . . MAR 1 0 1980 BY ~ - ~.3 -c!O ,. Stutf \dt!1J1!:....:;:::: \'" \:,;:1:111," : ,.I;' '. Ih" : Jt'II{Jr'.~~~" .' ,- 'I,:~!,. , .:; ~ c ~- =-', : E:" S':,~, '.. -_~ :::.'..~ ::~::. ~ A _::- ,:) r: -.... E :.. (; E ~~ : ... ~ ... . :. ,1(- fYtJ '7 ( ( f:\420S-E Sheet 2 of 3 of Amendment No. ') 3. It is agreed that, if it appears that the actual cost of the entire PROJECT v,-ill exceed its total estimated cosL CONTRACTOR may elect either to terminate t~e PROJECT as approved herein or to provide additional funds to continue t:-:e PROJECT. 4. The STATE agrees to pay the CONTRACTOR for the cost of all work perforrr,ed pursuant to this agreement, 90% of the payment to be made upon receipt of monthly billing from the CONTRACTOR. The remaining 10% will be paid upon teceipt by the 8T ATE of a satisfactory final report. Paragraph 3, Article VI. 3. If the PROJECT is terminated prior to its completion under this agreement. the disposition of any property acquired during the course of the PROJECT shall ~e the responsibility of the CONTRACTOR and the chosen manager and operator of the PROJECT. Exhibit B, Paragraphs 4, 5, and 8: Project Description. 4. The project will include implementation and operation of an alternative transpo,ta- tion system, providing specialized services for the elderly and handicapped. '!'he system will be operated by a Project Operator selected by the City. The Project Operator will utilize three lift-equipped vehicles and one twelve passenger van. The vehicles will be operated in a demand responsive mode with twenty-four hour advance reservations required in most cases. Use of this alternative service will be limited to persons who because of injury, illness, age, congenital malfunction. or other disability, including the wheelchair cIJnfined and semi-ambulatory, are unable to use the conventional fixed-route bus service provided by Chula Vista Transit and the San Diego Transit Corporation. 5. The system will operate a minimum of 8 hours per day, Monday through Friday. Expansion of hours and days of operation will be considered based on demand and availability of funds. 8. Potential eligible users of this system include: Handicapped: Persons of any age who by reason of physical, mental or emotional disability are unable to use the existing conventional transit services. Elderly: Persons sixty years of age or older. Exhibit B, Estimate of Cost: This section is amended to read as follows: Estimated operating cost is computed on the basis of a vehicle service hour rate agreed upon by the city and the company awarded a contract to operate the transportation system (hereafter referred to as Project Operator). A vehicle service hour is defined as any period of time that the Project Operator's vehicle(s) are in dial-a-ride service excluding one hour per day for driver lunches, deadhead time and other non-revenue producing periods. CITY will pay Project Operator for all operating hours that vehicle(s} are in service. CITY will guarantee Project Operator a minimum of seven vehicle service hours per day, five days per week for three vehicles. ~~l\ ( ( 64209-E Sheet 3 of 3 of Amendment No. '2 The selected Project Operator will include in their vehicle service hour price all costs deemed necessary to operate the system as described. These costs will include (but not be limited to) drivers, dispa:ching, vehicles, fuel, insurance maintenance and operator profit. CITY will be responsible for all costs incidental to evaluating and monitoring the system. Derivation of Estimated Cost 1. CITY estimates 5313 billable vehicle service hours for the twelve operational months of the PROJECT (253 days X 3 vehicles X 7 hours per day). 2. CITY estimates Project Operator's vehicle service hour rate to be $32.41. 3. Estimated yearly cost (32.41 X 5313 hours) = $172,194. 8T ATE's share of this estimated yearly cost is 47.21% of the tot3.1 ($172,194/$81,300). CITY will submit invoices to 8T ATE monthly v..'hich will document vehicle service hours performed by the Project Operator. STATE's monthly e1."Penditure will not exceed one twelfth of the contract price, $6,775.00 ($81,300/12) for any given month. (See Article IV of this agreement for payment details). This transportation project will be funded as follows: SB 283: F arebox City General Fund Local Transportation Fund (Article 4.5) $81,300 27,000 1,000 62,894 $172,194 The remainder of the agreement remains unchanged. ~ ~\)~ q~O~ 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and aIJ claims and losses accruing or resulting to any and aJl contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may he injured or damaged by the Contractor in the perfonnance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employpes or agents of State of California. :3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner .deemed proper by the State. The cost to the State shall he deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. \Vithout the written consent of the State, this agreement IS not assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. 6. No alteration or variation of the terms of this contrqct shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for aJl of Contractor's expenses incurred- in the performance hereof, including travel and per diem, unless otherwise expressly so provided.