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HomeMy WebLinkAbout1991-12-10; City Council; Resolution 91-399I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 RESOLUTION NO. 9 1 - 3 9 9 A RESOLUTION OF THE CI?aT COUNCIL OF ?HE CITY OF CARLSBBD, CALIFORNIA, APPROVING AND AUTHORIZlNG EXECUTION OF A PILOT 'YAJXD WASTE COLLECTION CONTRACT WITH COAST WASTE MANAGEMENT, INC. WHEREAS, on November 5, 1991, the City Courd adopted a Man( Recycling Ordinance which prohibits the disposal of designated recyclables, inc yard waste, with mixed refuse; and WHEREAS, the Ordinance necessitates the provision of yard collection in Carlsbad; and WHEREAS, staff has determined that a pilot program would best ser needs of the City; and WHENAS, the City's current contracted Refuse Hauler is qualif im.y!emcn: a pilot yard waste collection program; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the i Carlshad as follows: 1. 2. The above recitations are true and correct. That the Pilot Yard Waste Collection Contract between the 1 Carlsbad and the Coast Waste Management, Inc. attached he Exhibit A is hereby approved. That the City Manager is hereby authorized to execute th Yard Waste Collection Contract on behalf of the City. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I.6 17 18 19 20 21 22 23 24 25 26 27 28 0 a PASSED, APPROVED AND ADOPTED by the City Council of the Carlsbad at its regular meeting held on the loth the following vote, to wit: day of December ,1 AYES: Council Members Lewis, Kulchin, Larson, Nygaard & NOES: None ABSENT: None CLAUDE A. LEWIS, May1 ATTEST: AI,ETHA L. MUTE (SEAL,) aJ e PILOT YARD WASIE COLLF,CI'ION CONTRACrr day of THIS CONTRACT, made and entered into this 199 s by and between the CITY OF CARLSBAD, California, an municipal corporati hereinafter refmed to as "Citf, and Coast Waste Management, hc., hereinafter refa tu a5 "Cunmctoi'. WITNESSETH: WHEREAS, the City does find thelproposal tendered by the Contractor for opera a pilot yard waste collection program, including the funrishing of all labor, sd materials and equipment at no cost to the City, except as specifically stated otherwis this contract, a responsible proposal and of high standards; WHEREAS, the City does further find and determine that it would be in the interests of the City that said proposal be accepted and the contract be awarded to Contractor; NOW, THEREFORE, for and in consideration of the mutual covenants and pron of the parties hereto and upon the express tern and conditions hereinafter set forth, agreed by and between them, and each with the other, as follows: I. CONTRACTORS OBLIGATIONS A. The Contractor agrees to furnish all tools, equipment, appx facilities, labor, services and materials, and perform all work necessary to operate in 1 workerlike manner, all facets of a pilot yard waste collection project, three montl duration, according to the proposal (Exhibit A) submitted and accepted and as deline in this Contract. It is understood and agreed that all said labor, senrices, materials, '3 H:WRAR~UM\WPDATA\C"T92011 .SW m 0 equipment shall be fiunished and said work perfomed and completed by the Contrac as an independent Contractor, subject to the inspection and approval of the City aci through its Utilities and Maintenance Director or designated representative. The Contra shall assume all risks for loss of or damage to tools or equipment owned/rented by Contractor. B. Contractor agrees to provide weekly collection of yard waste, specific leaves, grass, weeds, and wood materials from trees and shrubs from the resida selected for the pilot program by the contractor, and as approved by the Utilities Maintenance Director. C. The Contractor shall furnish said labor, services, materials and equipn as set forth in this Contract, at no cost to the City or to the atizens of the City, excep specifically stated otherwise in this contract. D. The Contractor agrees to conduct a promotion campaign prior to the yard waste collection. Contractor shall also conduct on-going promotion throughout duration of the pilot project. This promotion will be sufficient to expose all householc the pilot project area to'information about the yard waste collection program. promotional materials are subject to the review and approval of the Utilities & Mainten: Director or designee. E. Contractor agrees 10 accurately record collection data, including tor - 3 materials collected and set-out rates. F. Contractor shall provide a sufficient number of 3O-@on, two-ply pound wet strength kraft bags to supply each household within the pilot project area. H:\O11 .W rn 0 replacement of damaged, lost or stolen bags shall be coordinated by the Contractor. G. Contractor shall distribute packages of bags to each partiapal household at least seven (7) days prior to the first collection. I. Contractor shall begin yard waste collection during the week of Jam 13, 1992, and shall make weekly collections throughout the duration of the project. 2. CXIT'S OBLIGATIONS A, The City agrees to reimburse the Contractor for the delivered cost of yard waste collection bags. The entire cost of the bags will be borne by the City. B. The City will cooperate with Contractor in the preparation of promotic materials. C. The Utilities and Maintenance Director or his designated representa shall monitor the contract service and act as City liaison to the Contractor. 3. WORKERLIKE PERFORMANCE Contractor's employees shall be required to be clean and neat in appeaz and wear identification. Contractor will be required to submit verification that emplo: have the right to work in the United States. Contractor shall perform all obligations good professional and lawful manner, provide competent and sober personnel, efficient clean equipment, and service the City in courteous, helpful and impartial manner. contractor shall remove any of its expployees for justifiable cause upon the request of -2 City. 4. FREOUENCY OF COLLECTION Contractor shall collect yard waste once per week fiom each residential 1 H.UIBRARYWhNVPDATA\~CNT92011 .W a 0 designated in Exhibit B of this contract. Pilot homes will have yard waste collected on same day as their regular r&e is collected. 5. HOURS OF COLLECTION Contractor shall make collection of yard waste between the hours of : a.m. and dark. 6. HOLIDAYS The following listed holidays are designated for the purposes of this contr New Year's Day Labor Day Memorial Day Thanksgiving Independence Day Christmas Day Customers scheduled for collection on a holiday shall be serviced on following workday. 7. INDEMNITY The Contractor shall assume the defense of, pay all expenses of defense, indemnify and hold harmless the City, and its agents, officers and employees, fron claims, Ioss, damage, injuxy and liability of every kind, nature and description, directl indirectly arising from or in connection with the performance of this Contract or work from any failure or alleged failure of the Contractor to comply with any law, rule regulations including those relating to safety and health; except for loss or damage wl was caused solely by the active negl,igence of the City; and from any and all claims, 1 damage, injury and liability, howsoever the same may be caused, resulting dkectl! indirectly from the nature of the work covered by this Contract, unless the loss or dam was caused solely by the acuive negligence of the City. The expenses of defense includr 'd . H:WRARn~WDATA\C"T92011 .SW 0 e costs and expenses, including attorneys fees for litigation, arbitration, or other disp resolution method. 8, INSURANCE A. Without limiting the Contractor's indemnification, it is agreed that Contractor shall maintain in force at all times during the performance of this Contrac poky or policies of liability insurance in an amount of at least $1,000,000 combined sin limit covering its operations, including coverage for contractual liability, and all otl liabilities set-forth herein. B. Contractois liability insurance policies shall contain the following clam "The city of Carlsbad is added as an additional insured respects operations of the named insured performed unc contract with the City." "It is agreed that any insurance maintained by the City sb apply in excess of and not contribute with, insurance provid by this policy." I. 2. AU insurance policies required by this paragraph shall contain t following clauses: 1. "This insurance shall not be canceled, limited or non-renew until aft9 (30) days written notice has been given to the Cii 'The insurer waives any rights of subrogation it has or m have, against the City or any of its officers or employees." -2 2. Certificates of insurance evidencing the coverages required by d H.'UBRARYWWWDATA\c"T92011. SW m e clauses set forth above shall be filed with the City Clerk and the Risk Manager prior to i effective date of this Contract. C. The Contractor will provide the city with a Blanket Fid&y Bond in amount of at least $500,000 covering all employees of the Contractor. 9. IMMIGRATlON REFORM AND CONTROL ACT The Contractor shall be aware of and comply with all Federal, State, Cou and City Statutes, Ordinances and Regulations, including Workers' Compensation Lz (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 191 (SUSC, Sections 1101 through 1525), to include but not limited to, verifying the eligibij for employment of all agents, employees, subcontractors and consultants that are induc in this Contract. 10. ORDINANCES AND RESOLUTIONS This Contract is subject to all City's Ordinances and Resolutions, both pres and future, to the extent that they regulate the subject matter of this Contract, s ordinances and resolutions shall bind the parties hereto and shall bind each of the part here to and are by this reference incorporated herein. 11. REPORTING REQUIREMENTS A. The Contractor shall submit comprehensive reports to the Utilities e Maintenance Director each month, qt later than the 10th day of the following montk B. During the lst, 2nd, and final months of the project, participation of ea individual household will be monitored, and data recorded on the monthly yard wa collection report submitted to the Utilities and Maintenance Director. '3 - H:\UE3RARY\VM\WPDATA\~CNT92011 .sW 0 0 C. Every month, a lbs/ton count of yard waste collected in the pilot proj will be recorded for the pilot project areas. D. Separate financial records of all costs and revenues associated with pilot project will be kept, and subject to the inspection by the City at any time dur normal work hours. 12. - COLLECTION EOUIPMENT The Contractor shall provide an adequate number of vehicles and equipm for collection, processing and marketing in order to adequately operate the pilot projc Truck bodies will be all metal and watertight. The Contractor shall paint its name s phone number on the sides of each truck used in yard waste collection. Trucks shall cleaned and washed at least once a week and will be maintained in a clean, sanitt condition at all times. 13. BOOKS AND RECORDS Collector shall, keep true and accurate books and accounts of all busin done, money received, accounts payable and cash disbursements by reason of obligations hereunder. Said books and accounts shall be kept separate from any books accounts for services and Contractois business operations performed outside the scope the Contract. Said books and records and accounts shall be open to inspection and au by the City at all times. A. '3 14. ASSIGNMENT Contractor shall not assign or sub-contract any of the duties under t contract without first obtaining approval from the Utilities and Maintenance Director. H.UJBRARYWhnWPDATA\CNnQJT92011 .sW m 0 15. INSPECTION AU performance, which includes services, materials, supplies and equipmi fiunished or utilized in the performance of this Contract, and workmansip in performance of sewices shall be subject to inspection and approval by the City at all th during the term of the Contract. The contractor shall cooperate with any Inspec assigned by the City to permit the hpector to determine the Contractois conformity v these specifications and adequacy of the services being contractually provided. inspections by the City shall be made in such a mannei. as not to unduly interfere M Contractor performance. 16. TERM This Contract shall remain in effect for a period of three (3) months. ' tenn of the Contract may be extended for two (21 additional three (3) month periods the option of the City. 17. REMEW The Utilities and Maintenance Director and other concerned City persom as appropriate, will meet periodically to review the Contractois performance. * Contractor will be appraised how the City views the Contractor's performance and Contractor will appraise the City of problems, if any, being experienced. The Contra( will also not@ the Utilities and Maintenance Director in writing of any work be performed, if any, that the Contractor considers to be over and above the requirement! this Contract. Appropriate action shall be taken to resolve outstanding issues. '3 H:\LIBRARYWIIWWPDATA\~CNT92011 .SW m 0 18. INDEPENDENT CONTMCI'OR PROVISION It h expressly understood and agreed that the Contractor named herein the lFurnishing of all labor, service materials, and equipment pdorming the work provided in this Contract, is acting as an independent Contractor and not as an agc servant, or employee of the City. 19. CLAlMS AND LAWSUITS The Contractor shall comply with the Government Tort Claims Act (Calif01 Government Code, Section 900 et seq.) prior to filing any lawsuit for breach of Contract or any claim or cause of action for money or damages. 20, PROVISIONS REOUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserta this Contract shall be deemed to be inserted therein and included herein, and if, thro mistake or otherwise, any such provision is not inserted, or is not correctly inserted, t upon application of either party, this Contract shall forthwith by physically amendec make such insertion or correction. 21. DEFAULT BY CONTFUCTOR h the went Contractor fails for any reason whatsoever to perfoxm obligations hereunder ten (10) days after written notice from City of any default, City n at its sole option terminate this conpact. -2 22. AMENDMENTS AND MODIFICATIONS This Contract may be amended or modified only by written Contract sig by both parties, and failure on the part of either party to enforce any provision of H:~RAR~~WPDATA\~~2011 SW e e Contract shall not be construed as a waiver of the right to compel enforcement of sucl provision or provisions. IN WITNESS WHEREOF, the parties hereto have executed this Contract in the da and year first above written. CONTRACTOR CITY OF CARLSBAD, a municipc corporation of the State of California 9 - /y I BY '------------ 7 Raymond R. Patchett City Manager ) Title fl -I t _I ~ C/-./L- d' APPROVED AS TO FORM: ATTEST: ALETHA L. RAUTENKRANZ City Clerk (CORPORATE SEAL) (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED) H:\LIBRAR~UM\WPDATA\CNnCNT92011 .SW 0 0 a-77 -7 ;-qr 7 -_ __ 7 -- - ~ .-->I-->:. I& U. -77 <--7 . - 7- -. ~ ,,LJ i v-1- - .- 5960 EL CAMINO REAL, P.O. BOX 947. CARLSBAD. CALIFORNIA 92018-0947 r’”I PHONE: (619) 753-9412 FAX: (619) 931-0219 (619) 452-9810 November 7, 1991 Ralph W. Anderson Director of Utilities & Plaint enanc e City of Car!sbad I 2075 La5 Palmas Drive Car 1 sbad , CFt 92GC)S- 15 19 RE: PILOT YARD WASTE COLLECTION PRCJPOSAL Dear Ralph: In response to your request for a pilot yard waste collect: progfam for the City of Carlsbad we propose the following: Scope Provide separate curbside collection of yard waste mater separated from 750 homes in the Northwest Quadrant and ! homes in the Southeast quadrant of the City (see attached ai maps). Collection will be conducted on the same day residential trash and recycl ing services. Participants w be required to utilize only the City yard waste program b dui.ing the pilot to measure volume and particzpation rat All of the program bags will be delivered to participat residents ore week prior to first collection week. materials collected will be delivered to County of San Di Mulching Site in San Marcos. Gter ial s Provided bv Contract or Coast Naste Management will provide all equipment, labor funding for all otherA’“costs associated with the pilot prog other than the yard waste bags used on the pilot program. Xaterials Provided by City the yard waste bags for the pilot program. Coast Waste h purchase bags with reimbursement from the City fov purchase cost. P i 1 ot Per iod Pilot program will be conducted starting in Januavy 1992 run through April 1932 vith option for extending pI collection if deemed necessary. City of Carlsbad will provide funding for the purchase of Exhibit A 0 0 Resident Awareness Proaram Re52dentS will be notified by letter from the City anc provided an informational brochure describing the program, All information will be provided to the City for review prior to release for input. Data Collection The pilot will be conducted to gather volume generation b] resident and cost of implementation to present to City Counci: and Staff for review for possible implementation. We look forward to providing the expanded services to the City o Carlsbad to continue on our path of meeting the City of Carlsbad’ waste diversion plans for the 1990‘s. If you require any additional information please give me a call a your earl iest convenience. S inc er el y, / ~L&%&LL Conrad B. Pawelski Vice President/General Manager $ z CARLSBAD PLLU.1 YW WASLC LU LLLULY rnucIRtll-1 c=Ty& 370 LE FAMILY UNITS/FRIDAY SERVI m E QUADRANT .. - - -. - - -- ._. .. .. .. .