HomeMy WebLinkAboutReso 1977-8958RESOLUTION NO. 8958
RESOLUTION OF THE" CITY COUNCIL OF~-"I'~iE" CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE COMPREHENSIVE PLANNING ORGANIZATION FOR
PROFESSIONAL SERVICES TO ASSIST IN A SHORT RANGE
TRANSIT PLANNING STUDY
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 that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and THE
COMPREHENSIVE PLANNING ORGANIZATION, for professional services to
assist in a short range Transit Planning Study
dated the 3rd day of January 1978 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
9 ~U~
W. J. Robens, Director of Public
Works
Approved as to form by
..-\ = .
George F3: Lindberg, City Attor<n~y
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 3rd day of January , 1978 by
the following vote, to-wit:
AYES: Councilmen Hyde, Scott, Egdahl, Hobel, Cox
NAYES: Councilmen None
ABSENT: Councilmen None
Mayor of the City of Chula ista
ATTES
City Clerk /J
STATE OF CALIFORNIA) v
COUl~i~l'Y OF SAN DIEGO) ss .
CITY OF CHULA VISTA)
of Chula
true and
not been
I, _ , City Clerk of
Vista, California, DO HEREBY CERTIFY that the above
correct copy of Resolution No. and that the
amended or repealed. DATED
City Clerk
the City
is a full,
same has
o.Zc ORIGIN,
AGRI:lt~9:11I' B1/TIaI:EN
TIC Cp~gpREIiENSIVE ~ ;ING ORGANIZATION
THI: CITY OF CHULA VISTA
FOR PROFESSIO]dAL SL'RVICES
Tl~i.s Agreement is elZtered i~1to as of t]Lis 3rd day of January 1978
~Fcbetweeii the City of Cliula Vista (hereinafter re erred to as Contractor) and
~~ hereinafter referred to as CPO).
agency
RECITAL S
1977
lh-I1/REAS, the CPO Board of Dir~heo~ecutive Director to contract fors
adopted Resolution 77-79 authoriz g the Short Range Transit Planning
professional services to assist in Job 201.03,
Studies; and
Wf~REAS, the CPO desires to engCglo hwithlanaundertal:ingdwhicliris to be
services hereinafter described in conne
financed, in part, by t]ie Urban glass Transportation Administration; an
y,I~I~AS, the Contractor is desirous and able to participate in Job 201.03.
NOIV TII):REFORE, the parties hereto do agree as follows:
Section 1. loynent of the. Contractor
en a es the Contractor and the Contractor agrees to perforn the
The CPO hereby g g lementation of the Short
services hereinaftefode197~ 1981n connection tiith imp
Range Transit Plan
Section 2. Sco e of Contractor's Res onsibilities
A, Financial
Tl~e Contractor shall be responsible for providing the in-kind ser~rices
non-federal match of $600 aga rv cesetoobelrendered by the Contactor is
Total value of professional se
X3,000.
Personnel
1.
Jack Bloom, Transit Coehalfaofrtliel1Con tactorcharge of
of this Agreement on b
i
the perform~~1ce
2. All of the services required hereunder shall be performed by the Con-
tractor or under their supervision in accordance with the Urban P~1ass
Transportation Administration E'xtenial Operating P~lanual, herein wholly
incorporated by reference, and all personnel shall be authorized wider
California and local law to perform such services.
C. lVorl: Description
1. Purpose and Scope
In 1`larcli, 1976, the City of Chula Vista adopted a S-year Short Range
Transit Plan. Improvements to the system were incrementally staged
with an irunediate action phase in years one acid two leading up to full
implemeiZtatiori of the recor,~ended system by 1980-81. Current year
improvements include the construction of a facility for storing,maintain-
ing and servicing the bus fleet. It was recommended that a site for
this facility near the existing City Yard be selected due to the con-
venie~it location and the presence of City mais~tellance personnel. Given
the above recormnendations, it was decided that an ea~anded Cite Yard
facility would be the most appropriate solution. The City of Chula 1"ista
wishes to examine the pros and cons of performing their o~.~n maintenance
versus contracti~ig for maintenance services with San Diego Transit Cor-
poration. Therefore, the purpose of this contract is to pass through
to the City of C}iula Vista X2,400 to accomplish this task.
2. Tlie follolving work will be performed in carrying out this agreement.
This scope identifies tl~e minimum tasks to be performed.
Task 1: Develop Plan for Bus maintenance at proposed expanded facility
1.1 Determine level and frequency of maintenance expected to be
performed and identify tasks.
1.2 Identify those mainte~lance tasks that cannot be performed at
proposed facility or that could be more efficiently contracted for.
1.3 Estimate cost of each tasl: identified iii 1.1 and 1.2.
Tasl: 2: Develop cost plan for bus maintenance at expanded facility.
2.1 Prepare annualized costs, over a 20 year period, of expanding Cit~~`s
existing maintenance facility.
2.2 Estimate an~zual costs to operate proposed expanded facilit~~ at level
of maintenance defined in Task 1.
Tasl: 3: Develop plan for bus maintenance at SllTC facility
3.1 Determine type of maiT~tenance that can be performed in-house and
that which cannot be accomplished by SDTC according to level of
maintenance identified in Task 1.
3.2 Itemize cost of performing each maintenance task.
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Tasl: 4: Develop cost plan for bus maintenance at SDTC facility
4.1 Estimate the cost to SDTC of maintaining CVT buses at the maintenance
levels identified in Task 1.
4.2 Determine bus deadhead mileage and hours frori Chula Vista to SiTfC
facility according frequency of maintenance.
4.3 Determine costs involved to accomplish 4.2. This shall include driver
costs.
Tasl: 5: Comparison of costs
5.1 Compare the costs identified in Tasks 2 and 4 at all levels of
maintenance as identified in Task 1.
5.2 Dlake recorunendation of preferred alternative.
D. Submission of Reports
1. The final draft report must be submitted to the CPO Project Manager
for review by CPO. In the absence of any express written statement
of dissatisfaction within 10 working days, the final report (draft)
will be deemed satisfactory. Two copies of the final draft will
be submitted to CPO.
2. Manuscripts produced by the Contractor for the CPO shall be in accor-
dance with the United States Government Printing Office Stvle Aianual
(available througl t e Superinten ent o Documents, U.S. Government
Printing Office, tVashington, D.C. 20402). The Contractor, in typing
the final manuscript, shall be responsible for all corrections prior
to acceptance of the final manuscript. Proper credits will be given
to sources through commonly accepted methods of documentation such as
footnotes or other means. The Contractor shall furnish a list of
material referred to in the preparation of reports. T}ie authority on
spelling and usage of words shall be lyebster's third I1ew International
Dictionary, Unabridged.
E. Notice Regarding Late Delivery
Iil the event the Contractor encounters difficulty in meeting pe~`formance
requirements, or anticipates difficulty in complying with the contract
delivery schedule or date, the Contractor shallirmiediately notify the CPO
Project Manager thereof giving pertinent details, including the date by
which it expects to complete the performance or make deliver~~; provided,
however, that these data shall be informational only in character and that
receipt thereof shall not be construed as a waiver by the CPO of a contract
delivery schedule or date, or any rights or remedies provided b;' lain under
this contract.
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Section 3. Scope of the CPO's Responsibilities
A. Personnel
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1. The CPO Project Manager will provide direction and guidance in matters
related to:
a. Administration of the contract on behalf of the CPO;
b. Procedures for obtaining information relative to the project;
c. Review of drafts and final copies of ~'+ork Products required of
the Contractor by this contract.
2. Division of Labor
The division of labor between the CPO staff and the Contractor provides
that the CPO staff will:
a. Review a draft of the study design for the project with CPO staff
working on related projects, staff of local planning agencies and
representatives of other interests.
b. Coordinate with the Steering Committee (T1ie Transit Coordination
Subcorruni ttee) .
c. Provide the Contractor with Iocal plans and other regional docu-
ments pertinent to the study.
d. Review CoTltractor's report.
B. Data to be Furnished to Contractor
CPO shall furnish to the Contractor without charge all information, data
and reports as are existing, available, and reasonably necessary for
carrying out the project.
Section 4. Time of Performance
The services of the Contractor shall commence within 5 days after the
signing of this agreement and shall be undertaken and carried out in
such sequence as to assure their expeditious completion in the light of
the purposes of this contract. In any event, all of the services required
herein shall be completed in final draft form by March 1, 1978. It is
}lereby mutually agreed by the parties hereto that time is of the essence
of this contract and that any schedule of delivery of work products set
forth herein shall be binding upon the parties.
Section 5. Costs
A. Maximum Total Cost
The maximum total cost to the CPO for the performance of work pursuant to
this agreement shall not exceed $2,400. The Contractor specifically
agrees to perform all obligations under this agreement within such agreed
cost and provide the in-kind service match.
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B. Ostensible Agency Disclaimer Notice
Contractor is hereby expressly put on notice that no employee of the CPO
has autllorit}- to authorize in writing or otherwise any additional wort:
which would increase the cost of this agreement without CPO Board of
Directors' approval.
C. Incorporation of Federal Guidelines
Tlie terms of all relevant federal and state grant provisions and guidelines,
as presently written or as changed during the life of this agreement,
bearing on this agreement are hereby wholly incorporated by reference herein
and made a part of this agreement and take precedence over any inconsistent
tents of this agreement.
Section 6. Payment
For the performance of tlus agreement, tl~e CPO shall pay the Contractor
upon submission of approved requests for payment. A progress report
shall accompany each request for payment showing total expenditures for
each task (as set forth in the Scope of Contractor's Responsibilities
uizder the provisions of this Contract), actual work completed, and antici-
pated completion date of each task. The CPO will review and approve the
requests for payment and issue a check within 30 days.
Section 7. Audit and Inspection of Records
The Contractor shall maintain complete and accurate records with respect
to costs incurred under this agreement. All suc11 records shall be main-
tained on a generally accepted accounting basis aild shall be clearly iden-
tified and readily accessible. The Contractor shall provide reasonable
access to the representatives of CPO, or Ut•II'A, or their appointees, at all
proper times to such books and records, and the right to examine and audit
the same, and to make transcripts therefrom as necessary, and to allow in-
spection of all work data, documents, proceedings, and activities related
to this agreement for a period of three years from t11e date of final payment
under this agreement. In addition to the above account u~g records, the
Contractor shall maintain records to show actual time and allowable costs
as required by UNfI'A.
Tlie Contractor shall permit the authorized representatives of the U.S.
Department of Transportation and the Comptroller General of the United
States, the CPO or their respective agents to inspect and audit all data
and records of the Contractor relating to his performance under the
contract.
5
Section 8. Termination for Cause
Percept as otherwise prov~d~d~erehis obligationsrunder tliislcontract,f or
fill in timely and prope
if the Contractor shall violate any of the covenants, agreements, or
stipulations of tln~~act17bvagiving writte~itnoticeoto the Clontragtortof such
terminate this co ,
termination and speci~ivegdate off suchvterrunatlioneoflllathataeventVeall
days before the effec
finished or unfin~lshe~ao~e orts~prepared byethesCont}ractorashgl, atpthe
models, pllotograp ,
option of CPO, become its property, and the Contsati~factory worl.nperformed
receive just and equitable compensation for an}
on such docw~ents and otl~elievedroflliabNlityttotCPO fortdar~l gesesustained
Contractor shall not be
by CPO by virtue of any breach of the contract by the Contractor.
Section 9 Equal Opportunity
During the performance of this contract, the Contractor agrees to comply
with all the requirements impesedb ionstissued thelreunderl(Ti~les49,tCFR
1964 (78 Stats 252) and the r gu
part 21).
a. Tlie Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national
origi.ii. Tlie Contractor will take affirmative action to ensure thalo` -
applicants are employed, and that employees are treated during emp
ment without regard to their race, color, religion, sex, or national
origin: Such actio7i u aradincludemotion,oo rtransfera recruitment, or
lowing. employment, pg g
recruitment advertising; layoff or termination, ralecludingvapprenher
foals of compensation; and selection of training,
ticeship. Tlie Contractor agfeo~seto p°ose11t, noticesutosbelprovidedabyable
to employees and applicants mP Ym
the Contracting Officer setting forth the provisions of this equal
opportunity clause.
rployees
b. The Contractor will, f flt]ieoContractor, ~tatevtliats llnqual~fied
placed on or on belial ent without regard to
applicants will receive consideration for employm
race, color, religion, sex, or national origin.
c. The Contractor will send to each labor union or repr~eementlor other
wort:ers with which he has a collective barga~ovidedgby t3ie Contracting
contract or understanding, a notice, to be p
Officer advising the ladbortlus°~qual~Opportunltyeclausee asZd shallilpost
tractor conIIaitments un
copies of the notice in conspicuous places available to employees an
applicants for employment.
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d. Tlie Contractor will coriply with all provisions of Executive Order No.
11246 of September 24, 1965, Executive Order lJo. 11375 of October 13,
1967, and of the rules, regulations, and relevant orders of the Secre-
tary of Labor.
e. Tlie Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules, regu-
lations, and orders of the Secretary of Labor, pursuant thereto, and
will permit access to his books, records, and accounts by t}ie Con-
tractor and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
f. In the event of the Contractor's noncompliance with the Equal Oppor-
tunity clause of this contract or with any of the said rules, regu-
lations, or orders, this contract may be cancelled, terminated, or
suspended, in whole or in part, and the Contractor may be declared
ineligible for further Government contracts in accordance with pro-
cedures authorized in Executive Order P7o. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies im~ol-:ed as pro-
vided in Executive Order No. 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as othe noise pro-
vided by law.
g. The Co~~tractor will include the provisions of paragraph (a) through
(g) in every subcontract or purchase order unless exempted b~~ rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order i~o. 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to an~~ subcontract or
purchase order as the Contractor may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided, however,
that in the event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by the Contraction, the Contractor may request t}ie United
States to enter such litigation to protect the interests of the United
States.
Section 10. Affirmative Action Compliance
T}ie Contractor shall ]lave a written Affirmative Action Plan in conformance
with Title 49, CFR Part 21. The Plan should contain, at least, the follo~~~-
ing information: current composition of minorities and women in Contractor's
work force; statement of equal opportunity employment of goals and time-
tables for ac}iievements; identification of those emplo~~rnent categories
where minorities and women are underutilized; and identification of the
Contractor's Affirmative Action measures designed to overcome any areas of
underutilizaiton. A copy of the Affirmative Action Plan for the period of
time covered by this Agreement is required for review and approval b~' CPO
prior to first payment.
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Section 11. Small and Tiinorit Businesses the Contractor will
In connection with the performance of this Contract, oafs with
cooperate with the CPO ~' mzation ofesma011sand minority business eni~r-
regard to the maxiJmun utili
prises and will use its best Veftllesmaxirmun pe that small and minor
racticable opportLmity to
business enterprises shall ha
coTr~lete for subcontract worl: under this contract.
Section 12. Conflict of Interest the State of
No elected officials of CPO, any of its member ageTicies,
alifornia or the United States Gove en nt Costs Pincurredlin violationom
C roceeds of this agreem
the financial p
of the above provision shall be Lmallowable costs.
If it is determined that Contrn~tor is a designated consultant or pur-
Brest Code, Contractor shall comply with
poses of the CPO Conflict of I
and be subject to all the provisions therein.
Section 13 Assignability
e Contractor shall not assign any interest in tlu s contract and shall
Th tiVliether by assig11ment or novation) ,
not transfer any interest in the same ( rovided, however, that
without the prior written consent of CPO thereto, p
ims for money due to become due to the ContractororfroomeTP~ ~ancialhis
cla trust company, ent of
contract may be assigned to aob~:' notice of an)' such assignor
institution without such app tl, to CPO in writing.
transfer shall be furnished promp }
Section 14. Hold liarznless
he Contractor agrees to indermzify, defend, and save harmless the CPO,
a• T and employees from any and all clams and losses
its officers, agents,
or resulting to any and all contractors, subcontoration'
occurring and any other person, firm, or core
materialTnen, laborers, materials, or supplies in coT~-
.furnishing or supplying work services,
nection with the Contractor's actiT~ies under this contract and rom
or resulting to any person, -
any and all claims and lossesbeciu ured by t11e Contractor in connec
firm, or corporation who may J
tion with its activities Linder this contract.
a rees to indemnify, defend, and save harmless the Contractor, its
b' CPO g and employees from any and all claims and losses
officers, agents, fine, or corporation who may be
occurring or resulting to any person,
injured by CPO in connection wit11 its activities under this contraout
and the agents and employees thereof, in carrying
c. Tlie Contractor, endent capacity and Trot as officers
this contract, shall act in an indep
or employees of CPO.
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Section 15. Subcontractors
The Contractor shall not enter into any agreement to perform worl: in con-
nection with this contract without first obtaining written approval of CPO
as to the scope of work and the subcontractor.
Section 16. Notice
Any notice required or permitted under this contract may be personally
served on the other party, by the party giving notice, or may be served
by certified mail, return receipt requested, to the follo~~~ing address:
CPO: Director of Finance and Administration
Comprehensive Plaruzing Organization
Suite 524, Security Pacific Plaza
1200 Third Ave.
San Diego, Ca. 92101
Contractor: Director of Public tiVorl:s
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca. 92010
Section 17. Construction
All provisions of this Contract shall be construed by the lalss of the
State of California.
h; 1dITid:SS TH~:REOF, the authorized parties have below sighed:
C~`,1PRE111:;~SIVE P "vli~G ORGAN I0;1 CI OF CIIULA VISTA
Approved as tc sufficieny
of form and legality:
CPO eneral ounsel Legal Zsel
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