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HomeMy WebLinkAbout2003-102 1 RESOLUTION NO. 2003-102 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WIT 3 ARROW POWER SWEEPING, INC. FOR PARKING LOT SWEEPING SERVICE FOR THE CAROUSEL MALL AND THE FIVE-LEVEL PARKING STRUCTURE I 4 THE AMOUNT OF $59,000.00. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. Arrow Power Sweeping, Inc. is the only known bidder in San Bernardino 8 for providing parking lot sweeping services for the carousel mall and the five-level parking 9 structure. A contract is awarded accordingly to said bidder in the total amount of $59,000.00. 10 Such award shall be effective only upon being fully executed by both parties. The Mayor is 11 hereby authorized and directed to execute said contract on behalf of the City; a copy ofthe 12 contract is on file in the office of the City Clerk and incorporated herein by reference as fully as 13 though set forth at length. 14 SECTION 2. This contract and any amendment or modification thereto shall not take 15 effect or become operative until fully signed and executed by the parties and no party shall be 16 obligated hereunder until the time of such full execution. No oral agreements, amendments, 17 modifications or waivers are intended or authorized and shall not be implied from any other 18 course of conduct of any party. 19 SECTION 3. This resolution is rescinded ifthe parties to the contract fail to execute it 20 within 90 days ofthe passage of this resolution. 21 III 22 III 23 III 24 III 25 III 2003-102 I RESOLUTION... AUTHORIZING THE EXECUTION OF A CONTRACT WIT ARROW POWER SWEEPING, INC. FOR PARKING LOT SWEEPING SERVICE 2 FOR THE CAROUSEL MALL AND THE FIVE-LEVEL PARKING STRUCTURE I THE AMOUNT OF $59,000.00. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, 5 held on the 5 th day of May , 2003, by the following vote, to wit: 6 AYES NAYS ABSTAIN ABSENT x x x x x x x 15 Q~h~~ City'Qerk 16 17 18 The foregoing resolution is hereby approved this f)TJ,t ,2003. May 19 20 21 '" 22 Approved as to form and legal content: 23 24 25 " 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 RECE1~ED"Cln LUiiK EXHIBIT "A" 'OJ MAY 27 All '48 AGREEMENT FOR SERVICES ' This AGREEMENT is made and entered into this 5th day of May, 2003, by and between The City of San Bernardino, California, a municipal corporation, hereinafter referred to as the "City" and Arrow Power Sweeping, Inc., a California corporation, hereinafter referred to as "Contractor". PAGEl WITNESSETH WHEREAS, City desires to obtain services for the sweeping of the Carousel Mall parking lots, parking structure and Civic Center parking structure; and WHEREAS, in order to provide for the sweeping of the Carousel Mall parking lots, parking structure and Civic Center parking structure it is necessary to engage the services of a licensed sweeping services firm; and WHEREAS, Contractor is qualified to provide said services; and WHEREAS, the San Bernardino City Council has elected to engage the services of Contractor upon the terms and conditions as hereinafter set forth; NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Contractor shall perform those services specified in "Scope of Services contained in Plans and Special Provisions No. 7085 on file in the City Clerk's Office and as contained in Exhibit "1 ", attached hereto and incorporated herein, hereinafter referred to as "Work". 2. TERM OF AGREEMENT The services of Contractor are to commence July I, 2003 and extend through June 30, 2004. This Agreement shall expire upon completion ofthe project or as directed by the City unless extended by written agreement of the parties, 3. STANDARD OF PERFORMANCE Contractor shall, at its sole expense: A. Complete all Work in conformance with all applicable federal, state, and local laws, codes, and standards as promulgated, which shall include without limitation: Standard Specifications for Public Works Construction (Greenbook); South Coast Air Quality Management standards; County of San Bernardino; Controlling State Standards; Uniform Building Codes; Electrical, Mechanical, and Fire Codes; the City of San Bernardino's Standard Drawings and the project specifications. B. Conduct and carry out the Work in accordance with the terms and conditions of this Agreement and diligently pursue completion of the Work in accordance with the timetable set forth on Exhibit 1. C. Supervise and direct the Work, using Contractor's best skill and attention. Contractor will be solely responsible for and have control over the means, methods, techniques, sequences, procedures, and for coordinating all portions of the Work. ". 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 2 D. Unless otherwise provided in this Agreement, provide and pay for all labor, materials, equipment, and tools necessary for the proper execution and completion of the Work. E. Enforce strict discipline and good order among the employees, subcontractors, and agents carrying out the Work, employ, and permit the employment of only qualified persons skilled in tasks assigned to them in performing the Work. F. Secure all governmental licenses and inspections necessary for the performance and completion of the Work in accordance with all laws, statutes, ordinances, building codes and regulations applicable to performing the Work (the "Applicable Laws") other than those to be obtained by City. G. Comply with and give all notices required by all Applicable Laws. However, Contractor does not asswne the obligation to determine whether the Work or this Agreement is in accordance with all laws and regulations applicable to the City. H. Keep the facilities and the surrounding area free from the accumulation of waste materials and rubbish resulting from Contractor's performance of its obligations under this Agreement. On or before completion of the Work, remove from and about the facilities, all such waste materials and rubbish, and all of Contractor's tools, equipment, machinery and surplus materials, except that, as provided in Section 9, the City will remove and dispose of all toxic or hazardous material removed from the facilities. 1. Take reasonable precautions for safety, and provide reasonable protection to prevent damage, injury, or loss as a result of the Work, including without limitation, coordinating the Work with the City's on-site safety program. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Services" is made an obligation of Contractor under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Contractor for the change in scope. Any change which has not been so incorporated shall not be binding on either party. B. No extra services shall be rendered by Contractor under this Agreement unless such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra services shall be invoiced based on Contractor's proposed rates, a copy of which is included in the proposal and incorporated herein as though set forth in full. 5. COMPENSATION A. The City shall reimburse the Contractor for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Contractor in performance of the work, at the rates listed in the proposal and for the tasks completed and partially completed in accordance with monthly billings in an amount not to exceed $59,000.00 for the one year term. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity, or character of the work to be performed. Any such significant alteration shall be agreed upon in writing by City and Contractor before commencement of performance of such significant alteration by Contractor. Any adjustment of the cost of services will only be 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 3 permitted when the Contractor establishes and City has agreed, in writing, that there has been, or is to be, a significant change in: I) Scope, complexity, or character of the services to be performed; 2) Conditions under which the work is required to be performed; and 3) Duration of work if the change from the time period specified III the Agreement for Completion of the work warrants such adjustment. C. The Contractor is required to comply with all Federal, State and Local laws and ordinances applicable to the work and which are in effect as of the date ofthe notice to proceed. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Contractor to City and shall be paid by City within 20 days after receipt of same, excepting any amounts disputed by City. B. Dispute over any invoiced amount shall be noticed to the Contractor within 10 days of billing and a meet and confer meeting for resolution of such dispute shall be initiated by the City within 10 days of notice of such dispute. Interest of 1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within 30 days of the billing date, payment thereafter to be applied first to accred interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from 30 days of the invoice date if the amount in dispute is resolved in favor of the contractor. C. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, then all reasonable litigation and collection expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. The costs, salary, and expenses of the City Attorney and members of his office in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Management of the City, or his designee, shall have the right of general supervision over all work performed by Contractor and shall be City's agent with respect to obtaining Contractor's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Facilities Management or his designee. B. Contractor shall perform the Work as an independent contractor and shall not be considered an employee of the City. This Agreement is by and between Contractor and the City, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the City and Contractor. C. When Contractor believes that all or any phase ofthe Work has been completed in accordance with the terms of this Agreement, Contractor will submit to the City a Certificate of Substantial Completion, which describes the Work substantially completed and include a commitment by Contractor to complete any remaining 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 4 portion of the Work or the completed phase. The parties intend that work will be accepted as it is substantially completed. D. The City will, within five business days after receiving the Certificate of Substantial Completion, inspect the Work that is described as completed in the Certificate of Substantial Completion. E. If the City does not accept that Work, The City will deliver written notice to Contractor describing in detail the material respects in which that work fails to conform to the description of that Work set forth on herein. In that case, Contractor will take such actions as it deems appropriate to cause that Work to conform to the description set forth on herein in all material respects. Contractor will then issue another Certificate of Substantial Completion pursuant to the provisions herein. F. If that Work substantially conforms to the description of the a Work set forth on herein, the City will accept that Work by signing the Certificate of Substantial Completion and returning it to Contractor. If the City does not deliver a written notice to Contractor within 10 business days of receiving the Certificate of Substantial Completion, the City will be deemed to have signed and returned the Certificate of Substantial Completion. G. The date on which the City accepts Work or a phase of said Work referred to herein as the "Acceptance Date" of such Work or phase. 8. REPRESENTATIONS Each party represents that: A. It has all requisite corporate power and authority to execute and deliver this Agreement and to perform its obligations hereunder, and it is in good standing under the laws ofthe state of its organization or incorporation. B. The execution, delivery and performance of this Agreement have been duly authorized by its board of directors or governing body, as the case may be, and in accordance with its organizational documents. C. This Agreement has been duly executed and delivered on its behalf by Signatories so authorized and constitutes its legal, valid and binding obligation. D. The execution, delivery, and performance of this Agreement will not result in a breach or violation of nor constitute a default under any agreement, lease, or instrument to which it is a party. E. To the best of its knowledge, there is no pending or threatened judicial action or administrative proceeding that could have an adverse effect on the validity or enforceability of this Agreement or such party's ability to perform its obligations under this Agreement. 9. DISCOVERY AND DISPOSAL OF HAZARDOUS SUBSTANCES A. If any Hazardous Substances are discovered at the facilities during the Work, such discovery shall constitute a cause beyond Contractor's reasonable control and Contractor shall have the right to cease the Work until the City, at its expense, as 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 5 appropriate, tests, abates, encapsulates, cleans up, removes or disposes of such Hazardous Substances. B. If The City so requests, Contractor shall assist the City by providing the City a list of qualified disposal companies, arranging contracts between The City and a qualified disposal company and coordinating the Work with the activities of a qualified disposal company. Although budget costs for such services may be included in program proposals and cash flow analyses, the City will be directly responsible for contracts and payment to disposal companies. 10.INSURANCEIINDEMNIFICATION A. Contractor shall, at its expense, maintain commercial general liability coverage and employer's liability coverage of at least $1,000,000 for each occurrence, $2,000,000 aggregate, and workers compensation coverage, to protect such party and its officers, directors, agents and employees from any claims under workers' compensation and from any and all other claims for bodily injury, including death and personal injury, and from claims for property damage arising from Contractor's performance under this Agreement. Contractor shall submit to The City completed Certificates of Insurance evidencing such coverage. Contractor shall name The City of San Bernardino as an additional insured on the policy. B. Except for City's negligence or willful misconduct, Contractor shall indemnify, defend and hold City and its officers and employees harmless from all claims, damages, costs and expenses, including but not limited to damages to property or personal injury, arising from Contractor's performance under this Agreement. The provisions of this section shall survive the expiration or early termination of this Agreement. 11. DEFAULT AND TERMINATION A. If Contractor or the City: I) Fails to make any payment as it becomes due in accordance with the terms of the Agreement; 2) Fails to perform or observe any other covenant, condition, or obligation to be performed or observed by it hereunder; or 3) Made in this Agreement any materially false, misleading or erroneous representation to the other party Then the other party shall have the right to send a notice of termination of this Agreement. During the thirty (30) day period beginning on the date of such notice, Contractor and City shall negotiate in good faith toward an amicable resolution ofthe default. If no such resolution is agreed upon in writing within such period, this Agreement shall terminate. B. If proceedings under any bankruptcy, insolvency, reorganization or similar legislation are instituted against or by a party, or a receiver or similar officer is appointed for a party or any of its property, and such proceedings or appointments are not vacated, or fully stayed, within thirty (30) days after the institution or occurrence thereof, the other party shall have the right to terminate this Agreement by written notice; such notice to be effective upon delivery. I 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 6 C. The non-defaulting party may, at its discretion, exercise all remedies available at law or equity or other appropriate proceedings, including bringing any action or actions from time to time for the recovery of damages as a result of such default, and all costs and expenses reasonably incurred in the exercise of its remedies hereunder. 12. ASSIGNMENT A. Except as provided in this Section, neither party will assign any of its rights or obligations hereunder without the prior written consent of the other party. This Agreement will bind and inure to the benefit of the successors and permitted assigns of the parties. B. The City may transfer or assign its rights and obligations under this Agreement to a successor purchaser of the facilities if such assignee or transferee explicitly assumes in writing the obligations of The City under this Agreement 13. EXCUSED DELAYS If either party will be delayed in or prevented, in whole or in part, from performing any obligation or condition hereunder with the exception of the payment of money, or from exercising its rights by reason or as a result of any "force majeure" or due to the failure of the other party to perform its obligations hereunder, such party will be excused from performing such obligations or conditions while such party is so delayed or prevented. The term "force majeure" as used herein means acts of God, acts of government, strikes, lockouts, or other industrial disturbances, acts of public enemy, blockades, wars, insurrections or riots, epidemics, landslides, fires, storms, floods, earthquakes, explosions, water damage, lightning, freeze-ups, theft, malicious mischief, electrolytic or chemical action, unusual delays in transportation, or other similar causes beyond the control of such party. 14. NOTICES Any and all notices between The City and Contractor provided for or permitted under this Agreement or by law will be in writing and will be deemed duly served when personally delivered to the party, or in lieu of such personal service when deposited in the United States mail, certified, postage prepaid, addressed to such party at the address of such party listed on the signature page to this Agreement or at such other address as is given to the other party by like notice. A copy of any notice to Contractor shall be sent to addressee on the signature page. 15. MISCELLANEOUS A. Term This Agreement will take effect when signed by both parties and, unless sooner terminated, will continue until project is completed but no later than one year after the effective date. B. Forum and Law This Agreement is considered to have been made at City of San Bernardino, County of San Bernardino. Contractor and the City agree that any and all disputes arising out 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 7 of or in connection with this Agreement will be brought only in courts within the jurisdiction of the County of San Bernardino, CA and each agree to the service of process in accordance with the laws of the State of California. C. Entire Agreement This Agreement, including its Exhibits, which Exhibits are incorporated into this Agreement in their entirety, contains the entire agreement between the parties with respect to its subject matter and supersedes all prior proposals, letters, brochures and other material relating to its subject matter. No amendment, waiver, or discharge of any provision of this Agreement will be valid unless in writing and signed by an authorized representative of the party against which such amendment, waiver, or discharge is sought to be enforced. D. Non-Waiver The failure of either party to insist in any instance upon strict performance of any of the provisions of this Agreement will not be construed as a waiver of any such provision nor affect any present or future right hereunder. E. Interpretation The headings and the table of contents are for reference and convenience only and will not be considered in the interpretation of this Agreement. The language used in this Agreement will be deemed to have been chosen by the parties to express their mutual intent and no rule of construction will be used to construe language against either party. F. Severability If any provision of this Agreement is held to be unenforceable, then both parties will be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Agreement will be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent or, if that is not possible, by substituting another provision that is enforceable and achieves the same objective and economic result. If such unenforceable provision does not relate to the payments to be made to Contractor, and if the remainder of this Agreement is capable of substantial performance, then the remainder of this Agreement will be enforced to the extent permitted by law. G. Independent Parties Nothing contained in this Agreement will be deemed or construed for any purpose, to establish, between the parties, a partnership or joint venture, a principal-agent relationship, or any relationship other than City and independent contractor. H. Non-Discrimination During the performance of this Agreement, Contractor agrees that Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation in the selection and 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 8 retention of employees and subcontractors and the procurement of materials and equipment. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 16. COMPLIANCE WITH CIVIL RIGHTS LAWS Contractor hereby certifies that it will not discriminate against any employee or applicant for employment because ofrace, color, age, disability, religion, sex, marital status, or national origin, in accordance with Federal, State, and Local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. III III 2003-102 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 9 CITY OF SAN BERNARDINO By: Arrow Power Sweeping, Inc. -....{~ By: ~. /1/--- Its: Its: Gwfter fr('~'c&eu_+- , Date: m ~ 'I, -z. 003 Date: .:;-:"? I - () .3" Address for notices: City of San Bernardino 300 North D Street San Bernardino, CA 92418 Address for notices: Arrow Power Sweeping, Inc. PO Box 23076 San Bernardino, CA 92406 Attention: Jim Sharer Attention: Rick Voce Approved as to form and legal content: JAMES F. PENMAN City Attorney By: A l. .j~ " 2003-102 SECTION 8 TECHNICAL SPECIFICATIONS 8-1.01 DESCRIPTION -- The Central City Mall parking lots provide 2,516 surface parking spaces, with curbed islands for planting. The 3-level parking structure provides 1170 parking spaces. The nine entrances are those vehicular access points to the Mall parking facilities. All pedestrian areas around the Mall are included in this contract, including the ME" Street pedestrian bridge. 8-1,02 ITEMS OF WORK -- The following listed items of work shall be accomplished on a daily basis, Monday through Sunday, including the holidays that the Mall is open for business. No. Item Description 81owoff all sidewalks, steps, stairways, "E" Street pedestrian bridge, concrete pillars, lamp post and around bumper stops. Empty, clean and install plastic trash bag~ of appropriate size and thickness. 1. Surfaced Areas 2. Trash Receptacles 3. 4. Parking Areas Fl ower Beds Sweep surface parking areas. Remove trash and debris. The following items of work shall be accomplished on a weekly basis: No. Item Description 1. Mall Entrances Hose down and scrub all 9 pedestrian access points. 2. Steps Hose down and scrub all steps and stai~ays to Mall and 3-level parkinQ structure. 3. Pedestrian Bri dge Hose down and scrub "E" Street bri dge. The following items of work shall be done on a monthly basis: No. Item Description Steam clean, or by another approved method, all 9 pedestrian access points and sidewalks. Clean Mall Entrances 1. 2. Trash Receptacles SP - 8 2003-102 EXHIBIT I SECT ION 7 DESCRIPTION OF WORK , , 7-1.01 GENERAL -- It is the intent of these Special Provisions that the sweeping services provided hereinafter shall be adequate to maintain these facilities in a safe and attractive condition. All services shall be provided in a good workmanlike manner, consistent with the standards of the industry. 7-1.02 DESCRIPTION OF FACILITIES -- Sweeping services are to be pro- vided for the following facilities: I. Central City Mall - 2,516 Surface Parking Spaces. 2. Three-Level - 1,170 Space Parking Structure. 3. Vehicular Entrances to Surface Parking Spaces and Parking Structure. 4. "E" Street Pedestrian Bridge. 5. Pedestrian Entrances (9) to Central City Mall. 6. All Pedestrian Areas within the Central City Parking Lots and Three-Level Structure including all stairways. 7-1.03 SUPPLIES AND EQUIPMENT -- All supplies and equipment required to accomplish the items of work specified herein shall be provided by'the Contractor. ' , \.. -'" .-" SP - 7