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HomeMy WebLinkAbout1962 CON National City Rubbish Service - Trash and Rubbish Service-_ CONTRACT 7-2-GaTHiS AGREEMENT is made and entered into on the 6th day of August , 1962, by and between the City of National City, a municipal corporation in the County of San Diego, State of California, hereinafter designated as the "CITY" and Raymond T. Keener doing business as National City Rubbish Service, hereinafter designated as the "CONTRACTOR". (1) As contained in this contract the words "garbage" and "rubbish" are defined as follows: A. GARBAGE is defined as all refuse and waste, fruit, vegetable and animal matter, prepared and intended for human con- sumption, and not so used. B. RUBBISH is refuse and waste material, whether com- bustible or noncombustible, not included within the definition of garbage as herein defined, including but not limited to paper, rags, leaves, glass, cans, ashes, tree and vine trimmings. It shall not include plaster, rock, sand, dirt, automobile frames or fenders, or waste material pertaining to building operations, construction or repair, water heaters or furniture. (2) The term of this contract shall be from September 1, 1962 until the 31st day of August, 1972. (3) The contractor hereby covenants to and with the City to furnish all labor and equipment for the collection and removal, and to collect and remove, all combustible or noncombustible rubbish and garbage from the curbs, sidewalks and alleys within the city limits of National City, so far as said rubbish and garbage is placed for pick up on said curbs, sidewalks or alleys by the person or f persons contracting with said contractor the price or prices here- inafter designated. (4) Exhibit A, attached hereto, and incorporated herein by reference, is a true copy of maximum rate schedule submitted by contractor and accepted by City, and setting the maximum price or prices which may be charged by contractor for services rendered to the various residental, commercial and industrial customers. Nothing herein shall prevent contractor from charging a price less than that set forth for a particular service in Exhibit A, but in no event will contractor charge a price in excess of those set forth in Exhibit A except in the following cases: (A) Where the volume of rubbish and/or garbage is greater than that for which a price is established in Exhibit A, for a particular category; in such event the prices therefore shall be established by negotiation and agreement with the customer concerned. (B) Where the accessability to containers is restricted or otherwise impaired, or at a location other than a curb, sidewalk or alley, causing additional cost or inconvenience to contractor, the contractor shall be entitled to additional compensation to be determined by negotiation with the customer. (5) The contractor shall use adequate equipment which is reasonably good in appearance in connection with the performance of this contract. During the first four years of the term of this contract the contractor shall have no right to renegotiation of any of the terms of this contract, except in the case of a relocation of the disposal site then being used by the contractor, resulting in additional and excessive costs to the contractor. Before the City Council of the City may exercise the authority herein contain- ed, and before contractor during the final six years of the term of this contract may request renegotiation, except in the case of disposal site relocation, six months written notice must be given by the party desiring to effect a change in prices. (6) Contractor will furnish a dump for the disposal of rubbish and garbage or will use a dump maintained by the County of San Diego, and will not permit the burning of any combustible rubbish within the City of National City; the rubbish and garbage collected shall not be disposed of in such a manner as to impair the health or sanitary conditions of the City of National City. The City of National City may, upon thirty days notice in writing, require the contractor to deposit all combustible and non-combustible rubbish as sanitary fill upon the tidelands of the City of National City or elsewhere within the city limits of the City of National City provided that adequate ingress, egress and roads are available or provided by the City to the sites of such fills. (7) Contractor agrees that in the performance of this con- tract he will use such number of trucks and personnel as the quantity of rubbish and garbage which he is required to collect and remove hereunder shall make reasonably necessary for the adeq- uate performance of the contract; all equipment used by contractor at the beginning of this contract shall be new equipment, of the 1962 model packer type. All equipment shall thereafter be kept clean and in good repair. (8) Contractor further agrees that he will not sublet nor assign this contract, or any part thereof to anyone without the written consent of the City Council having been first obtained by resolution duly passed and adopted. (9) All employees of contractor operating or working on equip- ment operated by contractor pursuant to this contract shall be dressed in identical uniforms to be approved by the City Manager of the City of National City. All employees of contractor shall treat and deal with the public in a courteous manner. (10) The contractor agrees that collection of rubbish and garbage from residential units of the city shall be made not less than once per week, that rubbish and garbage collected from residential units shall be co -mingled, and that such collection shall be made on the same day of each week, such date to be designated by contractor. (11) Contractor agrees that collection of rubbish and garbage from commercial, industrial and manufacturing units shall be picked up as often per week as agreed upon between contractor and the in- dividual customer, according to the price schedule set forth in Exhibit A. (12) A11 collection of rubbish and garbage shall be completed between the hours of 7:30 A.M. and 4:30 P.M. of each day. All reasonable effort and precautions must be taken by employees of contractor to prevent damage to rubbish and garbage containers be- longing to customers. (13) It is specifically agreed between the parties that no charge shall be made to the City of National City for collection of garbage and rubbish from city owned property including the Olivewood Housing units. (14) The contractor during the entire life of his contract shall secure and maintain a policy or policies of public liability insurance with the City of National City named as co-insured in an amount not less than $200,000.00 for injury to one person and not less than $500,000.00 for injuries in any one accident, and also property damage insurance with the City named as co-insured in an amount not less than $50,000.00 for one accident. The contractor shall also secure and maintain during the life of this contract adequate Workmen's Compensation Insurance covering all persons em- ployed by him. The contractor shall furnish the City with Certif- icates showing that all insurance is in effect. The contractor shall carry out the terms of this contract as an independent con- tractor, and not as an agent or employee of the City. (15) The contractor further agrees that he will comply with all local, state and federal laws and regulations pertaining to his operations pursuant to this contract and to the work of any laborer, workmen or mechanic employed by him, and will keep accurate records of the hours and time worked by such laborer, workmen or mechanic. (16) Said contractor, as part of the consideration of this con- tract, agrees to pay to the City of National City two percent (2%) of all gross sums collected by said contractor for services perform- ed within the City of National City, which shall be payable annually not later than the 30th day of June of each year. The City shall have at all times the right to inspect all books of account of con- tractor to determine the gross sums collected by contractor. City may change said percentage from time to time upon six months written notice, but not to exceed four percent. (17) In consideration of the faithful performance by said con- tractor of this agreement, the City grants to the contractor the exclusive right during the term of this agreement, in so far as it is within the power of the said City by this contract to grant such exclusive right, to contract to collect and to collect all rubbish and garbage within the corporate limits of the City of National City, as now established or as the same may be enlarged by the annexation of territory to the City of National City. During the continuance of this contract and the faithful performance thereof by said con- tractor, the City agrees that no other person, firm or corporation shall be given the right to collect any rubbish or garbage for com- pensation within the said corporate limits of the City of National City. (18) In the event said contractor shall fail or refuse to perform any of the agreements or covenants by him to be performed under the terms of this agreement and should such default continue for thirty (30) days after written notice from the City to correct the same, the City may thereupon terminate this contract. In such event, City shall have the option to purchase at the then fair market value all of contractors equipment used in performing this contract and to immediately take possession of and operate such equipment. • (19) City reserves the right to use, direct and control all equipment of contractor, related to this contract, during any local natural disaster or in any declared disaster. The City further re- serves the right to operate such equipment of contractor during strike or labor difficulties which prevent contractor's successful performance of this contract. In the event any strike or labor difficulties are not settled at the end of one -hundred twenty days (120) from the date City exercises such right, in that event the City shall have the option to purchase at the then fair market value all of Contractor's equipment used in performing this contract. (20) Contractor shall furnish the City with a surety bond or cash bond, or deposit government bonds in the sum of Twenty -Five Thousand Dollars ($25,000.00) to guarantee the faithful performance of this contract. (21) Contractor shall during the term of this contract maintain a business office with regular office hours at a convenient location within the City of National City, and shall at all times keep the City Manager of the City of National City informed of the address of such office. (22) Contractor shall be responsible for the billing and collect- ion of charges for services rendered pursuant to this contract. Con- tractor further agrees that upon execution of this contract he shall purchase from City for the sum of $4,000 cash all billing equipment now owned by the City and heretofore used by City in connection with billing and collection of charges for the collection of rubbish and garbage. ATTES}: CITY OFF NATIONALCITY TY — — ram! NATIONAL Mayo CONTRACTOR A 7 e --- RaynScrifd T. Keener, doing business as a National City Rubbish Service city Clerk of the City of National City A. Ri13?15., ;a:. ,:..'c. Per r.,0it. ; rn!O enr €s1 sinr;t fr,r $ #y crope?r. For the secone and for enc.h eddition,ai r.'3ident- inl unit to rauit':ni7. which :i 'tr exc:oed four units. a. Trail r snit and Mote L„..3'wo times weekl co 1or. %ree s weekly collect - Ion. 1---Daily pick-up. 1• For Apartment Houses (any multtiple dwelling having over four units). One collection weekly. Two collection„ weekly. Two collections weekly, c©ntafners furnished. 49 1 0 i , Minir^um .7t ;;car unit $1.00 per unit unit no Min- 1:Lr $1.00 per unit $1.25 unit .50 unit e r 4f B. RUBBISH b'-LYi r.:,rrsPoercial or Industrial Maximum Per Up to (2) ers one t Up to (2) ern two t Up to (2) ers three Up to (2) erg four Up to (2) ers daily 40 gal. conteln- imme weekly. 4.0 gal. cont in - Imes weekly. 40 girl. contain - tines weekly, 3add l t i sno cumulation 40 .1. c ta i o- times weekly. 16.00 40 gal. contai!n- • 1 ar unusual so - of rubbish. 7.5r 0 ,.Y i '10 per j cubic yd. -1- $1 7; 1.50 1.00 '5..00 0.50 }.00 1.00 One Dollar, Fifty -Cents One Dollar Five Dollars -Cents Seventy -Five Cents Clre T)ol l ar One Dollar ape Dona.,-. Tweniv J;ye Q One Dollar, Fifty -Cents � Establishments. Bid h Ir i cures Bid in Writing. One Dollar, Seventy - Five Cents $3.50 , Three D darn $5.00 ✓ 4.50 Four Dollars, Fifty -Cents T.`ifty—f _s�ntc y. r.... wFSil.es�co3�ars� 0.75 Seventy -Five Cents per cubic yard Up to (1) 30 cD1 co -tier two -r,11,--tions wt-ev1). Utz to (11 30 cal. ccrtncr three collo, ::lonswce1v ::.00 Up to (1) 30 gal. cortaor daily. 7;1.00 Up to (2) 30 ?al. cortainerc three collections weekly. S5.00 Ul to (2) 30 sal. containers earl/. $10.q0 nn ;n :0. 00 Sid in Wrltin: Two Dollars Thrc iUar 31.x Dollars nrilsral Tea Dollars tners will be furnished by co -:tractor I most Lases, qnero the volume is reater than that mertioned next above a greater rate will be estsnlished in ea h Instance by negotiation and agreement with the customer. 0. BOX TYPE REFUSE SERVICE.. Collections Yards Bid in '4o. Cans WceLiy Monthly Maximum Fi re 1 13 2 26 3 39 4 52 65 o 79 7 91 2 1 26 2 7 52 2 3 78 2 4 104 2 ; 130 2 6 156 2 7 182 3 1 39 3 2 78 3 3 117 3 4 156 3 5 135 3 6 234 3 7 273 4 1 52 4 2 104 4 3 156 4 •4 208 4 5 260 4 6 312 4 7 364 68.22 5 2 130 5 3 195 144.66 4 260 5 5 325 182.38 244.50 5 6 390 276.12 5 7 455 297.54 29.40 41.10 52.0 64.50 76.20 87.50 31.50 51.00 70.50 9C.CO 109.50 129.00 148.50 Bid in Writing our " $eyentr-Six" 11141117-5even" l'Uotty " Thirtr'Orte " Fifty ft 4 ..E.atte-On. ' /miffs NittOr One Hundred Niue dol. Fifty ce.: 43.75 ,0 i4o Q., 95.22 120.96 daL I46.70 172.44 19.18 55,98 87.96 11.94 151.20 184.02 224.48 247.86 -2- 41 ive The. -two oft ramdre4. EltenaV owe esti • * 4444'• • t • • , 14',4 vivo 4114-e: • * • tt•• `k' .44-"r44.74V:44''• fifty-famr mats `_ X :rq vnr