HomeMy WebLinkAboutReso 1989-15226 RESOLUTION NO. 15226
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING MAINTENANCE AGREEMENT
WITH MR. PEDRO IBARRA FOR THE LANDSCAPE
MAINTENANCE OF THE TOWN CENTRE, BAY BOULEVARD
MAINTENANCE DISTRICT AND THE "H" STREET
TRANSIT CENTER, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Mr. Pedro Ibarra has been under contract since
1980 to perform the functions of Town Gardener, and
WHEREAS, Mr. Ibarra was first retained through the
informal bid process to provide services for three separate
projects, and
WHEREAS, Mr. Ibarra's bid was less than 50% of the next
lowest bid, and
WHEREAS, the services performed by Mr. Ibarra have been
excellent, and
WHEREAS, City staff is currently evaluating the
potential for hiring Mr. Ibarra as a permanent full-time City
employee, and
WHEREAS, it would be impractical to go to bid this year
for services on this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby waive the bidding process for
the landscape maintenance services contract.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does approve the contract for Landscape
Maintenance Services by and between Pedro Ibarra and the City of
Chula Vista, dated the 8 day of August ,1989, a copy of
which is attached hereto and incorporated herein by reference as
if set forth in full.'w~
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 Approved as to form by
Manuel A. Mollinedo, Director ,~/~omas J.~rron, City Attorney
of Parks and Recreation
6001a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
~,,tULA VISTA, CALIFORNIA, this 8th cloy Of August
19 89 , by the following vole, to--wit:
AYES: Councilmembers Malcolm, Moore, McCandliss, Nader, Cox
NAYES: Councilmembers None
ABSTAIN: Counc i linetubers None
ABSENT: Counci 1 members None
Moyor//~o~f~e/Z~.
City of Chulo Vista
Acting { City Clerk
~TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTZON NO. 15226 ,and/hot the some has not been amended or repealed
DATED
Actin~ City Clerk
CC-660
CONTRACT FOR LANDSCAPE NAXNTENANCE SERVXCES
I~HEREAS, the City of Chula Vista is p~esently in need of furnishing a
landscape maintenance program for:
A, To~n Centre Landscape District No, 1
B, Bay 8oulevard Landscaping D~stP~ct
C, ~rd Avenue Street Trees ("G" Street to "K" Street)
~EREA$, HP, Pedro Zbarra, has perfomed the Landscape Hafntenance Program
fop these areas s~nce 1980 on an independent contract bash= and proposed to
furntsh a11..1aboP..and do all ~ork required .to compqete the satd ~ork
accordance ~Ith sa~d specifications (11sted tn the scope of ~ork) for the l~p
~EREAS, the"C~ty'*Of'Chula V~ta desires to retain HP, Pedro Zba~a fop
the .perromance of services as are hePeJnafter set forth.
NON, THEREFORE,:;'BE~'~ AGREED that the City of Chula Vista and Mr. Ped~
Zbarra, Landscape Ha~ntenance Gardener, do hereby mutually agree as follows:
Z, PARTIES
~e parths to thh agreement are the City of Chula Vhta, a municipal
corporation (here~nafteP referred to as "CITY"; and gr, Pedro Zbarra, a
IX, INTENT OF ~E PARTIES
Zt ~s the (ntent of the CITY and TOWN GARDENER that TOt4N ~RDENER accept
the primary professional responsibility fop Implementation of the Landscape
~lntenance Program at the aforemqntioned sites and areas,
ZZZ, SCOPE OF WORK
A. ~e TO~ GARDENER shall, under the general direction of the Open Space
Coordinator of the C~ty, perfom general landscape maintenance servtces t~
~e following specifications:
General Requ(rements
~. All la~ shrubbery and ground cover shall be properly Irrigated,
pruned and shaped tn season as required to produce the best posstbh
. ' effect and gre'~th conditions to the satisfaction of the City Open
: ~: Space Coordinator.
~ I IIMl~e~e-e,
2. Lawn, shrubbery and ground cover beds shall be fertilized with a
. ., con~nerctal fertilizer of no less than 16-6-8 qualities every three
~, , ' ,~ ,mnths.
: ;' 3. All shrubs and ground cover shall be sprayed, dusted and/or otherwise
,_ . treated for pest and insect control as required.
· ;~:;I,, 4.'~:' Sidewalks frontink on planter areas are to be swept or vacuumed clean
.~of debris or hazardous materials fallen from adjacent trees weekly.
,: ~eplacements
-~:"'~ "~,1,'! Any plant material damaged by others or adverse conditions shall be
replanted. The City will reimburse contractor for the costs of .
replacement plant matertel and supplies.
' 2. Removal of extsting plants and planting of a new Variety of shrub
ground cover may be requested during the contract period. The CIty
wtil furnish the nursery stock and materials required.
~i~'/~'!""~"%;1;~,ZrrtgatiO'~h~l~"~'be'do~e the use of manual and/or automated
-;f~'? ' -~", systems, wher~ 'available by
or h
operable| owevet, failure of the
, existing irrigation system to provide full and proper coverage shall
! not relieve the contractor of this responsibility. All areas not
~!- "~:" adequately covered by a manual and/or automated sprinkler system
~ shall be irrigated by a portable irrigation metl~od. The contractor
shall furnish all hoses, nozzles, sprinklers, etc., necessary to
accomplish thll supplementary irrigation. Care shall be exercised to
t:' prevent a waste' of water, erosion, and/or detrimental seepage into
f existing underground improvements or structures.
!, 2. The COntraCtor shall at the beginning of the maintenance period
;! ~ inspect the entire sprinkler system with the Ctty's representative to
' ..' .,~.. become f&mtltar with the locations of valves. heads. controllers.
, ~,, .. .~.,., y!: ., J~l electric valvesm meters and hose bibs.
~ 3. Special attention shall be directed to the maintenance sprinkler
i1 equipment. Any damage to or mallunction of the irrigation ~ystem
!~ i ~;~. shall be promptly repaired by the contractor, utilizing the same
", type, size and specification pipe and fittings as the original
., - installation. At no time will systems be shut down for extended
periods - repairs are to be made as discovered or reported. The City
~ will furnish materials required for the repairs.
~ )"~ ,' .... Need Control
Y
All fence lines Ind parking Surfaces shall be sprayed and otherwise
treated with weed killer for weed control.
,,,~,,~
Debris '.'
1, As work in any area is completed, the clippings, trimmings and weeds
will be removed and the area left in a neat and attractive condition.
2, All other trash or noticeable debris shall be removed daily during
the normal work week.
B.The TOWN GARDENER shall consult with the Open Space Coordinator of the
CZTY to facilitate scheduling and prtorlttztng projects.
ZV, ADMINISTRATION OF CONTRACT
"The 'CITY hereby designates the Open Space Coordinator as the CITY's
representative in the review and administration of the work performed by TOWN
GARDENER pursuant to the terms of the Scope of Work.
~'~"~ This agreement shall become effective upon execution as authorized by the
Hayor of the CITY, or hts designee, and shall terminate, if not extended by
all partlee, on June 30, 1990, The City may elect to exercise an option to
renew this COntract for three one-year periods at the price and conditions
heroin stated begtnn)ng Jul 1, 1990, through June 30, 1993. For each option
year, the contract rate wt1~ increase by the annual CP! for the past year.
VI o COHPENSATION
The compensation to be paid by CZTY to TOWN GARDENER for the work called
fol; under this agreement shall be $25,620 to be pntd pro-rata on a monthly'
bash, . TOWN ARDENER . shal ! * subml t monthly invoices to the Open Space
G T
GARDENE~ 'presently has no bus~ness relationship with any persons o~
firms doing business within the Landscape Maintenance Area which would
constitute a confllct of Interest, or gtve the appearance of such conflict.
· **~'<TOWN GARDE R may ~ t onduct bus~ness for thJrd parUes ~ch may be
conflict wlthN~owN GAR~EN~R's responstbtl~Ues under thh contract,
GARDENER may not solicit any business during the term of this contract which
may conflict with his or her responsibilities under the contract.
'.. '.'~ VlIZ. HOLD HARt{ESS
'TOW GARDENER agrees ~o tndemn~fy and hold hamless the C1~ from and
all 1fab~ltty, cost and expense (~ncludfng w~thout 11m~taUon
attorneys' fees) ar~cfng from loss of or damage to any property whatsoever or
~n~ury to or'death of any person whomsoever caused or occasloned by the
negligent act or omhsion of TONN GARDENER or any agent or employee of TOWN
GARDENER, arising out of or ~n connection with this agreement or the work to
be perforated by TOWN GARDENER hereunder. The TOWN GARDENER also agrees to
defend t e City ~n any lttigatlon arising from this activity.
· ' ' iX. iNSURANCE
TOWN GARDENER shall, throughout the duration of this Agreement maintain
comprehensive general liability and property damage insurance covering all
operations hereunder of Contractor, its agents and cmployees tnc|udfng but nG~
limited to premises and automobiles, with minimum coverage of Five Hundred
0
Thousand Dollars ($5 0,000) combined single ltmlt. Evidence of such coverage,
~n the form of a Certificate of' insurance and Policy Endorsement which names
the Clt as Additional Insured, shall be submitted to the City 'Clerk at 276
Fourth ~venue.
Said policy or policies shall provide thirty (30) days written notice to
the City Clerk of the City of Chula Vista of cancellation or materlal change.
X. TERMINATION OF AGREEMENT FOR CAUSE
if, through any cause, TO14N GARDENER shall fail to fulfill in a timely and
r e P
proper manner his obligations unde this agre ment, o if TOWN GARDENER shall
violate any of the covenants, agreements, or stipulations of this agreement,
CITY shall have the rt ht to terminate this agreement by giving 30-day written
TOWN ARDENE~'Of such termination and spectfyt g the effective date
notice to G n
of such termination.
XX, .ZERMXNATXON FOR CONVENZENCE OF CiTY
ciTY may termt.ate tht, agreeme.t at a.y time a.d for a.y reaso. by gfv,.g
specific written notice to TnWN GARDENER of such termination and specifying
the effective date thereof, at least thirty (30) days before the effective.~'
date of such termination...If the agreement is terminated by CITY as provided' ';"'i~
tn this paragraph, TOWN' GARDENER shall be entitled to receive Just and ~.1.'
equitable compensation for any satisfactory work completed. TOWN GARDENER
hereby expressly waives any and all claims for damages or compensation arising '.
under this agreement except as set forth in Paragraph VII hereinabove in the .
event of such termination, '
XZZ, ASSIGNABILITY
TOi4N GARDENER shall not assign any interest in this agreement, and shall
not transfer any interest in tt~e same (whether by assignment or novatton),
without prior written consent of CITY,
XIII. INDEPENDENT CONTRACTOR "-
CITY is interested only ,In.the results obtained and .TOWN GARDENER-sha~I;'. .... '
perform as an independent contractor Ntth sole control of the manner and means!?'...'
of performing the services required under this agreement, CITY matntatns"the"~i"-..
right only to reject or accept TOWN GARDENER'S work' product(s), TOW/N GARDENER
and any of TOWN GARDENER'S agents, 'emplo3fees, or representatives are;:. for ,a11"'.~,~'.:..,...~.'
purposes under this agreement, an Independent contractor,. and shall. not be .[. "
deemed to be an em lo3~ee of CITY, and none' of .'them 'shall be entitled .to any
benefits to which ~ITY employees"are entttled;"tncludtng,but not ltmtted to. ..,,.:'.'.';~'.i
overtime. retirement benefits. worker's compensation' benefits, 'In;Jury leave,
or other leave benefits. .-,.. . ...."...'
XIV. CHANGES ,..
CITY may from time to time require"chaiig~s"tn the scope of the.servtce's-'by.
TOI~N GARDENER to be performed under:this,agreement.,. Such .changes.,!~.Includtng
any tncrease tn the amount of TOIiN GARDENER's.compensatton,'.'whtch are'.-mutually-
agreed upon by CITY.and TOWN GARDENER ,sha11 be effective as amendments ..to
..-' IN 14ITNESS NHEREOF. CITY. and TOWN GARDENER " have "executed thtS':;Contr~"c~'i:"
,. for landscape maintenance services (agreement)':'. thts 8th day
of August . 1989. ',
;.' ~ ,.'·
CITY OF ~T~ ~ ' TOWN GARDENER .'.
,-, ,, .,.
y.~~'~ -~_ '"' ..
'-' Gregory R.(/Colf. Mayor Pedro Ibarra
Landscape Maintenance Gardener,
,'.;,~
APPROYED AS TO FORM BY
WFPC 1321R