HomeMy WebLinkAbout1990-084
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RESOLUTION NO.
90-84
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO PARKER PROTECTIVE SERVICES CORPORATION dba BLANKET
SECURITY FOR PROVIDING SECURITY SERVICES FOR ASSESSMENT DISTRICT
NO. 990 (HIGHLAND AVENUE AND GUTHRIE STREET).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Parker Protective Services dba Blanket Security
is the lowest responsible bidder for providing security services
for Assessment District No. 990 (Highland Avenue and Guthrie
Street), in accordance with Plan No. 7791, for the Basic and
Supplemental Bid in the maximum amount of $14,801.96, for
delivery of service between date of execution of this contract
and June 30, 1990, and a contract is awarded to said bidder
accordingly, but such award shall be effective only upon the
contract being fully executed by the parties; all other bids
therefore are hereby rejected; and the Mayor is hereby authorize
and directed to execute said contract on behalf of the City; a
copy of the contract is attached hereto, marked Exhibit" A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2.
This contract and any amendment or
modifications thereto shall not take effect or become operative
until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No
oral agreements, amendments, modifications or waivers are
intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3.
The authorization to execute the above-
JFW/dys/blanket.res
March 16, 1990
1
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1 referenced agreement is rescinded if the parties to the
2 agreement fail to execute it wi thin sixty (60) days of the
3 passage of this resolution.
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
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day of Mnr~h 1990, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN
ESTRADA X
REILLY x
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FLORES X
MAUDSLEY X
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Bernardino at a
reaular
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13 MINOR
14 POPE-LUDLAM
15
MILLER
meeting thereof, held on the 19th
x
1,//1~,e$/&lft1,V
Cit Clerk
of
The foregoing resolution is hereby approved this c2/
,
March
, 1990.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: !h'0'-o 1./~--YL"'~
{J
JFW/dys/blanket.res
March 16, 1990
day
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elf'! C~
7( -7;;/
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ASSESSMENT DISTRICT 990
CONTRACT DOCUMENTS
(1989-90) PLAN AND SPECIAL PROVISIONS
NO. 7791 (AD 990)
FOR
PROVIDING SECURITY SERVICE IN PORTIONS OF
ALL PUBLIC STREETS AND ALLEYS WITHIN THE AREA BOUNDED BY THE CENTERLINE OF
HIGHLAND AVENUE ON THE NORTH, THE CENTERLINE OF THAT CERTAIN EAST/WEST ALLEY
SOUTH OF 20TH STREET ON THE SOUTH, THE CENTERLINE OF GUTHRIE STREET ON THE WEST,
AND THE CENTERLINE OF ARDEN AVENUE ON THE EAST, IN THE CITY OF SAN BERNARDINO.
SAN BERNARDINO, CALIFORNIA
DIVISION OF ENGINEERING
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
. .'/
'. ........... '1/10
, i~ii1IjjJ
IV \ . /' .
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.~~-._~
January 8, 1990
BIDS WIll BE RECEIVED UP TO THE HOUR OF
2:00 P.I'!. ON nJESDAY, FEBRUARY 6, 1990
~)(H 141'7 ''A''
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Engineer's Estimate: $ 36,000.00
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or
proposals for:
SECURITY SERVICES IN PORTION OF:
All. PUBLIC SflW>r:s AND AIJ..EYS WITHIN THE AREA BOUNDED BY THE CENTERLINE OF
HIGHLAND AVENUE ON THE NORTH, THE CENTERLINE OF THAT CERTAIN EASTjWEST AIJ..EY
SOUTH OF 20TH STREET ON THE SOUTH, THE CENTERLINE OF GlJI'HRIE STREET ON THE WEST,
AND THE CENTERLINE OF ARDEN AVENUE ON THE EAST. IN THE CITY OF SAN BERNARDINO.
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Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North
"D" Street, San Bernardino, California, with the specification title and number
clearly marked on the outside of the envelope.
Said bids or proposals will be received up to the hour of 2:00 p... on February
6, 1990, at which time all of said bids or proposals will be publicly opened,
examineu and declared in the City Engineer's Conference Room, Third Floor.
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No bid will be received unless it is made on a proposal form furnished by the
City. All bids or proposals shall be signed, sealed and accompanied by cash,
cashier's check, certified check or bid bond made payable to the City of San
Bernardino, in the amount of ten percent (lOt) of the bid, or five hundred
dollars ($500.00), whichever is less. Such cash. check or bond shall be given as
a guarantee that the bidder will enter into the contract if awarded to him. In
the event the bidder refuses to execute said contract, the benefit to the public
of the service will be delayed, and the public will suffer great damage. From
the nature of the case, it would be extremely difficult and impractical to fix
said amount of damage. Therefore, the City and the bidder agree that the above
sum shall be paid to the City upon the condition above set forth as liquidated
damages and not as a forfeiture. All bonds furnished pursuant to this notice
must be underwritten by a surety company having a rating in Best's most recent
Insurance Guide of "A" or better.
Action by the Mayor and Common Council in awarding a bid proposal and autho-
r1z1ng the Mayor to execute a contract shall be deemed to obligate the bidder to
proceed in accordance with the bid bond to execute the contract and provide
required documentation (e.g., insurance policies and performance bond) to the
City. No work shall be undertaken toward the completion of the contract, nor
subcontracts entered into. until the contract has been fully executed by both the
Contractor and the City.
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The Contractor shall pay not less than $4.25 per hour for workmen needed in
execution of this contract in accordance with the state Prevailing Wage
Determination.
It shall be mandatory upon the contractor to whom the contract is awarded and
upon any Sub-contractor under him to pay not less than said specified rates to
all workmen employed by them in the execution of the contract, and to prevent
discrimination in the employment of persons because of race, creed, color,
national origin, sex, age, or marital status.
The Contractor may substitute securities for any moneys withheld by the Agency to
ensure performance under the contract as provided for in Sections 10263 and 22300
of the California Public Contract Code.
The term of the contract will continue from March 5, 1990, to the termination
date of June 30, 1990, renewable for up to two (2) additional one year periods by
mutual agreement by the City and Contractor. Contract renewal to be negotiated at
the time of each such renewal.
The City of San Bernardino reserves the right to reject any and all bids. No
bidder may withdraw his/her bid within 45 working days from the date of the bid
opening.
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Specifi~ations may
Hall, 300 North
refundable payment
be obtained from the City Engineer's Office, Third Floor,
"0" Street, San Bernardino, California, 92416, upon a
of $5.00 for each set.
City
non-
The Contractor shall
specified items of
manner.
furnish all equipment and supplies required to perform the
work and to provide security services in a professional
CITY OF SAN BERNARDINO
J~uu ,~;ttL,~-
1/ SHAUNA CLARK . ,-.,-,,-
City Clerk j'/~?-<l
NOTICE TO ADVERTISE
,-
SPECIFICATION NO......nn......"..........
,HilII APPEAR IN FiRS; ISSUE NOT lATER THAN
.lA n: 1/15/90...&...1/..22/..90......,.....
"EC0:';o PUBLICATION FiIJE OAYS l.ATEfI
,;GNATURL.
.......... .01\1(':__.........
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INDEX
BID DOCUI'IENTS
A. Notice Inviting Bids
B. Proposal Form
C. Bid Schedule
D. Designation of Sub-Contractors
SPECIAL PROVISIONS
SECTION 1 - Specifications and Plans
SECTION 2 - Proposal Requirements and Conditions
SECTION 3 - Award and Execution of Contract
SECTION 4 - Supervision of Work
SECTION 5 - Legal Requirements
SECTION 6 - General
SECTION 7 - Description of Work
SECTION 8 - Technical Specifications
CONTRACT AGREEMENT
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PROPOSAL FORM
TO THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
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The undersigned declares that he/she has carefully examined the location of the
proposed work and read the accompanying instructions to bidders and hereby
proposes to furnish any and all required labor. materials. transportation and
service for providing security services in portions of:
All public streets and alleys within the area bounded by the centerline of
Highland Avenue on the North, the centerline of that certain east/west alley
South of 20th Street on the South. the centerline of Guthrie Street on the West.
and the centerline of Arden avenue on the East. in the City of San Bernardino;
in strict conformity with Special Provisions No. 7791 (1989-90). City of San
Bernardino Department of Public Works. Undersigned proposes and agrees if this
proposal is accepted. that he/she will contract with the City of San Bernardino.
in the form of the copy of the contract annexed hereto. to provide all necessary
equipment. supplies. transportation. apparatus and other means of providing
security, and to do all the work and furnish all the materials specified in the
contract, in the manner and time therein prescribed. and that he/she will take in
full payment therefor the following unit prices or lump sum prices. to-wit:
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Page 1
ITEM
BID SCHEDULE
BASIC BID
PLAN NO. 7791 (1969-90)
AD 990
UNIT
DESCRIPTION OF ITEMS WITH
WITH UNIT PRICE WRITTEN IN WORDS
UNIT
PRICE
TOTAL
PRICE
1.
2912
One (1) Security officer providing
a combination of motor and foot
patrol for providing security and
all appurtenant services for a
period of eight (6) hours a day,
seven (7) days a week, including
all equipment, supplies, transpor-
tation and apparatus, as outlined
in the attached Special Provisions
at the unit price of:
QL-L.- :r: "-' C t-LV,I L' C-
f>c.!"LLt-:: iicu...F\R-c.. (1/,;;) hFT'1GU:rS VE:l'- rJcul2-
-$ ~-d's IS LH ~ HOUR.
Tif-r/Z.Tf.Ii.A' Ib-lC1USAND,.fuE. HlIn:VUu AiL'/) <'rM::'A-'T,-/ ... Tmo i)oLL~es i Cl91I>'
TOTAL BASIC BID $11 I'~ ") '7 ".;{ I C'O
,
C L\"(),... <---r.l IC1'''''L") 1t4I2c'll6t+ :1I..1/...';i.. 30t), ,qqc-
"-'r")rnid,.."'(.~":'f., ,- ,.,1'-<-1'> ~I
1C.IPLS i 17 DA'i :<- ~ he-., ilt:.iC. DR,-\
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Page 2
BID SCHEDULE
SUPPLEMENTAL BID
PLAN NO. 7791 (1989-90)
AD 990
DESCRIPTION OF SUPPLEMENTAL ITEMS
ITEM UNIT WITH UNIT PRICE WRITTEN IN WORDS
UNIT PRICE
TOTAL PRICE
1.
20
Overtime as required and authorized,
in excess of eight (8) hours a day, as
set forth in the attached Special Pro-
visions, including all items equipment,
supplies, transportation and apparatus as
set forth in said Special Provisions, to
be paid in increments of one-tenth(l/lU)
of an hour of the following hourly rate:
I"_D~,.TF'c,., i\'d(.JR"I;;,~,~"<-Q.TLrn',-
I'j i~.Cl; 1,,1 /PERHOUR.
It.~,di<:.
ALL TkX.LdS;Zv'E.
E ',T7: (()PI E
Ii) h cn c.:,
TOTAL Su~PLEMENTAL BID
,[} Iv'-
{P 1)(;'
(-J(.-:-
s
---------------------------------------------------------------------------------
---------------------------------------------------------------------------------
GRAND TOTAL BASIC AND SUPPLEMENTAL BID S 1/ 1 i 7';;;':;;J..,cc,
====;Dil.,{[~~}~=m~=l,~~;,,~=~;=y,~P;;,=~~~i~i;,iI_P=fJk"=~JJ:f;I:"J~;=~~~"\,;QHHJf=~=~=~0o(J
NOTES:
1. Tbe unit price must be written in words and also shown in figures.
price must be extended for each item of work and the total of all items
in the space provided.
The total
inserted
2. The contract will be awarded for the lowest bid price for the total of the
Basic and Supplemental Bids.
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Page 3
In case of a discrepancy between words and figures, the words shall prevail.
It is the understanding of the undersigned that the work hereinabove described
shall be commenced on March 5, 1990, and shall continue in a good and
workmanlike manner for the term of the contract.
The undersigned further agrees that in case of default in executing the contract,
or furnishing necessary bonds, all within the specified time, the proceeds of the
Bidder's Guarantee accompanying this proposal shall be paid to the City of San
Bernardino as liquidated damages.
LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF CONTRACTORS,
LICENSE NO. PO DOg 70 3
CLASSIFICATION ~PQJ~YQT~ ~RTI2.UL-- CPLQ..ATO~
\>fl\l.KiK RoT4-.-I:L'~ -:)lU!.~ At.:;h XCllES.Trf)U":',S CoR-po
FIRM NAME: ~_Q..B/L__aq:H,lK~" _::$~~UR.-~::tY _____
BUSINESS ADDRESS: _..:2G.3:S_~_t.- ' BBMIDE, 1~..L..B.1Jb,CA ,q~a4~
SIGNATURE OF BIDDER: /~~~!.{ ,
If an il.dividual, so 'state. If a firm or co-partnership, state the firm name and
give the names of all individuals, co-partners composing the firm. If a
corporation, state legal name of the corporation, also the names of the
president, secretary, treasurer and manager thereof.
TEl2:,-B-~ l,WCOb ttt~.
_CJifl12l-ES [, CGl'OD ~'Si.c..
Li:fJlf2-=,b.t~Lb~_10.PO D____--n:-g:~~___
J:'18_lL___8~~B~~U_Q{.1..Ll:lke.. '
Telephone No. (71'-{) ?,<s i -CSl.j(.
Dated LY2~i,l,8.E:t__L______, 19_':tQ
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DESIGNATION OF SUB-CONTRACTORS
In compliance with the provisions of Section 4100-4110 et seq of the Public
Contract Code of the State of California. and any amendments thereof, each bidder
shall set forth below the name and location of each sub-contractor who will
perform work or labor or render service to the contractor.
TRADE
SUB-CONTRACTOR
CITY
LICENSE NO.
CLASSIFICATION
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CERTIFICATION
I am aware of. will comply with. Section 3700 of the Labor Code.
requiring every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance before commencing any of the work.
Contractor
NAME OF FIRM: H'lI2J<.'i ( M2DH.Cf:r:0fL Seg'J:u.Ii..S~LEU.lK..~-SrE-u..lR.~r-{
BY, /i#I~iJJmcL
P t?.l S:r: D E.A_~-r ,
TITLE:
DATE: ___Lg,J~E:j,jE}FL~~__L+_Lg_<jQ
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Bankcfl\~lan~
1175 EAST HIGHLAND AVENUE, SAN BERNARDINO, CALIFORNIA 92404
la9 ~;L~:f~*-* _*_*CITY OF
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. F~ruary 2,
'~.
58114
_.___19~ 90-3535/1222
7-1.1 C"
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SAN ~JI'lO* * * * * * * * * * * * * * * * * * * *__5500.00******** *
1C'~~1l1n;~E~ 7~g~ And
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AUTHORIZED SIGNATURE
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SPECIAL PROVISIONS
SECTION 1
SPECIFICATIONS AND PLANS
1-1.01 GENERAL -- The work embodied herein shall be done in accordance with
the Special Provisions as set forth herein and the Standard Specifications for
Public Works Construction. In case of conflict between the Standard
Specifications and these Special Provisions, the Special Provisions shall take
precedence over and be used in lieu of such conflicting portions.
1-1.02 DEFINITIONS Whenever in the Special Provisions the following
terms are used, they shall be understood to mean and refer to the following:
A~ency
The City of San Bernardino.
Board
The Mayor and Common Council for the City of San Bernardino.
En~ineer
The Director of Public Works/City Engineer for the City of San
Bernardino.
Police
City of San Bernardino Police Department
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Sec~:ity Officer - The contractor, or any agent thereof
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Supervisor - The Director of Public Works/City Engineer or his/her designee
Mana~er
The Manager(s) of the premises within the contract area, or
other person as designated by the City of San Bernardino.
Notice Advertisin~ for Bids - Notice Inviting Bids.
Business and Professions Code - state of California Business and Professions
Code, latest edition.
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SP-1
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SECTION 2
2-1 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 GENERAL Bids must be submitted on the proposal form contained
herein. All bids or proposals shall be signed, sealed and accompanied by cash,
cashier's check, certified check, or bid bond made payable to the City of San
Bernardino, in the amount of ten percent (10~) of the bid, or five hundred
dollars ($500.00), whichever is less. Such cash, check or bond shall be given as
a guarantee that the bidder will enter into the contract if hiS/her proposal is
approved and the Mayor is authorized to execute the contract. In the event the
bidder whose proposal is approved refuses to execute said contract, the benefit
by the public of the service will be delayed and the public will suffer great
damage. From the nature of the case, it would be extremely difficult and
impractical to fix said amount of dama~e. Therefore, the City and the bidder
agree that the proposal guarantee of 10~ of the bid, or $500.00, whichever is
less, shall be paid to the City upon the conditions set forth above as liquidated
damages and not as a forfeiture. Bid bonds shall be underwritten by a surety
company having a rating in Best's most recent Insurance Guide of "A" or better.
SECTION 3
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3-1 AWARD AND EXECUTION OF CONTRACT
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3-1.01 GENERAL The bidder whose proposal is approved by the Mayor and
Common Council with the Mayor authorized to execute the contract shall file with
the Engineer all required bonds and insurance policies and execute the contract
within 10 calendar days after receiving notification of the approval. Failure to
file the stipulated documents and execute the contract within the prescribed time
shall constitute good and sufficient grounds for recession of the award and
payment of 10~ of the bid, or $500.00, whichever is less, to the City as
liquidated damages. Action by the Mayor and Common Council in approving a bid
proposal and authorizing the Mayor to execute a contract shall be deemed to
obligate the bidder to proceed in accordance with the bid bond to execute the
contract and provide required documentation (e.g., insurance policies and
performance bond) to the City. No work shall be undertaken toward the completion
of the contract, nor subcontracts entered into, until the contract has been fully
executed by both the Contractor and City.
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3-1.02 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall
be filed with the Engineer before the Contract is executed by the City . In lieu
of the bond, the Contractor may deposit with the City a cash amount of $500.00 or
5~ of the total amount bid, whichever is greater. The amount deposited shall be
retained by the City of San Bernardino and will be returned to the Contractor
upon completion of the term of the contract. There will be no interest paid to
the Contractor on the amount so deposited.
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SP-2
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SECTION 4
4-1 SUPERVISION OF WORK
4-1.01 INSPECTIONS -- A periodic inspection form will be completed by the
Supervisor. Any items noted not to be in compliance with the specifications will
be discussed with the Contractor. Correction of these items shall be accomplished
as set forth at Section 6-1.06 of this agreement. Continued noncompliance. or
failure to correct noted deficiencies in a timely manner. shall constitute
sufficient grounds for further action, up to and including termination of the
contract.
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4-1.02 REPRESENTATIVE OF CONTRACTOR -- Any and all security officers on duty
with respect to the provisions and scope of this contract shall be considered as
an agent of the Contractor with authority to receive official notices.
4-1.03 UNIFORMS -- All employees shall be dressed in a uniform identifying
them as the Contractor's personnel. and shall be so attired at all times.
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4-1.04 OVERTIME -- Overtime shall be paid as a supplemental item of work as
set forth in Section 8-1.13 of these Special Provisions.
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4-1.05 ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not
done in compliance with this Agreement, or brought into compliance within the
period of time allotted. may be withheld from the next monthly payment. Any
funds so withheld will be limited to the cost incurred by the City to correct the
problem or for services not fulfilled by the Contractor; A statement will be
provided with the monthly payment describing the reason for withholding a portion
of the payment and a listing of the amount. (See also Section 6-1.04 of these
Special Provisions.)
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4-1.06 TERMINATION OF CONTRACT -- The contract may be terminated by the
Director of Public Works. for continued failure to perform the items of work in
accordance with this Agreement. A written Notice of Intent to Terminate the
contract will be furnished to the Contractor by the Director of Public Works, in
the event that this action is deemed warranted. This notice will be issued by
certified mail. Termination of the contract will be effective 15 days
thereafter.
Notification of any termination will be given to the surety, who shall have
the right to take over the contract within 15 days of being notified. Failure of
the surety to assume the provisions of the contract within 10 days shall
constitute grounds for the City to assume responsibility for providing
security services with the right to recover damages from the principal or the
surety arising from the principal's failure to perform.
SECTION 5
5-1 LEGAL REQUIREMENTS
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5-1.01 LIABILITY INSURANCE The Contractor's attention is directed to
Section 7-3, "LIABILITY INSURANCE", of the Standard Specifications, providing
that the contractor shall furnish shall furnish the City with a policy of
liability insurance prior to the execution of the contract. The City shall be an
additional named insured in the policy. Certificates of insurance will not be
accepted.
SP-3
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Following is the requ1'red m1'n1'mum l' '1.
1m1 s of Insurance:
Bodily Injury. . .
$1,000,000 each person
$2,000,000 e(\ch occurrence
$2.000,000 dggregate products
ctnd complet,ed operations
Property Damage . . . . . $100,000 each occurrence
$250,000 aggregate
A combined single-limit policy with aggregate limits in the amount ot
$2,000,000 will be cons idered equi val ent to the requir'ed minimum hmi ts.
5-1.02 WORKMEN'S COMPENSATION INSURANCE The Contractor shall tile a
signed certification Certificate of Workmen's Compensation Insurance for itself
and its Subcontractors before execution of the contract.
5-1.03 PAYMENT OF WAGE RATE -- The Contractor will be required to adher-e to
at least the State Minimum Wage $4.25 for payment of per diem wages tor each
workman needed in execution of this contract.
The Supervisor shall have the right to interview any security officer on tllt:
project sHe in order to ver'tfy payment of prevailing wage rates. Also, thp City
retains the right to examine the Contractor's payroll records to detennine if
wage rates iridicatecl are Leing paid.
3-1.0Ij :sAIJ::TL!<!'QlJIRE:.r:1.E:,I\j:r~ -- All work performed under this contr'ilc\ 'ohall
be performed in such manner as to provide maximum safety to the public.
The Supervisor reserves the right to issue restraint or cease and desist
onh:~rs to the Contractor when unsafe or harmful acts are observed or reported
relative to the performance of the work under this contract.
3-1.05 HAZARDOUS CONDITIONS -- The cr~ntractor shall maintain the ,)rea free
of hazards to persons and/or property resulting from his/her operaUons. Any
hazardous conditions noted by the Contractor, which is not a result of his/ her
operations, shall immediate ly be reported to the Manager( s) .
5-1.06 USE OF FIREARMS -- Security personnel shall bear firearms during
patrol of the contract area. The contractor and security personnel shall meet all
qualifications and requirements, including certification, testing and per'mits for
the possession and use of said fireanlls issued by the State of California,
pursuant to the Business and Professions Code (B&P Code 7553). Firearms shall be
used only in extreme cases of the threat of great bodily harm or death to self or
other persons in the area, as stated in Section B.
All security personne 1 that wi II carry batons sha II have a va 1 id permit to do
so, pursuant to the Business and Professiolls Code (f1&P Code 75c,J).
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5-1.07 DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies
that it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status or national origin.
Contractor shall promote affirmative actions in its hiring practices and employee
policies for minorities and other designated classes 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. In addition, Contractor shall not exclude from participation under
this Agreement any employee or applicant for employment on the basis of age,
handicap or religion in compliance with State and Federal laws.
SECTION 6
6-1 GENERAL
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6-1.01 SOUND CONTROL REQUIREMENTS The Contractor shall comply with
Chapter 8.54 of the City of San Bernardino MuniCipal Code regulating and
prohibiting loud, unnecessary and excessive noises.
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6-1.02 PERMITS & LICENSE
License prior to execution of the
the Business and Professions Code
The Contractor shall
contract, and shall be
(B&P Code 7523).
obtain a City Business
licensed as required by
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6-1.04 PAYMENTS -- Payment will be made to the Contractor on or about the
fifteenth day of each subsequent consecutive month during the term of the
contract in an amount equal to the total amount bid divided by the total number
of months encompassed by the contract term. The first payment may be pro-rated
in accordance with the actual portion of the month worked. The request for
pa)'llent shall be hand delivered to the Supervisor.
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6-1.04.1 PAYMENTS WITHHELD -- The City may withhold payment to such extent
as may be necessary to protect the City from loss due to:
A. Work deficiencies not corrected.
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B. Claims filed or reasonable evidence indicating probable filing
by third parties against the City arising from the performance of the
or any subcontractor under this agreement.
of claims
contractor
When the above grounds are removed, payment shall be made for the amount
withheld, less any sums required to be expended by the City for correction of the
loss. Interest shall not be paid on any withheld amounts. (See also Section 4-
1.04 of these Special Provisions.)
6-1.05 APPEARANCE All security officers shall be of trim and neat
appearance when performing work under the specifications set forth herein.
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6-1.06 FAITHFUL PERFORMANCE The Supervisor will be responsible for
checking the performance of the Contractor to the established standards ahd
reporting any deficiencies to the Engineer. Tbe Contractor will be notified of
any deficiencies. If deficiencies are not immediately resolved. a formal notice
of noncompliance will be sent to the Contractor with a specific target date to
resolve the problem. If the problem is still present on the specific target
date. the Supervisor will notify the Engineer who will have the option of
terminating the contract and re-advertise for a new contractor. The necessity of
sending more than two (2) formal notices to the Contractor to correct a
deficiency anywhere within the contract area shall constitute grounds for
termination of the contract. In such event, then the amount of bond deposited
with the City as a performance bond shall be forfeited by the Contractor to
cover all costs incurred by the City as a proximate result of Contractors'
failure to perform as required by the Agreement.
6-1.07 HOURS OF SERVICE -- The Contractor shall conduct his/her operations
during the hours specified hereinafter.
6-1.08 PERSONNEL -- The Contractor shall furnish sufficient supervisory and
working personnel of such capabilities as to promptly accomplish on schedule. and
to the satisfaction of the Supervisor all work required under this contract
during the regular and prescribed hours. All such personnel shall be physically
able to do their assigned work. The Contractor and his/her employees shall
conduct themselves in a proper and efficient manner at all times. They shall be
clothed in a suitable uniform as set forth in Section 4-1.03 herein. Tbe
Supervisor may require the Contractor to immediately remove from the work site
any emv1oyee(s) observed to pose a threat to the public and whose continued
employment on the job is contrary to the best interests to the City.
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Full compensation for conforming to the requirements of Section 6 shall be
considered as included in the prices paid for the various contract items of work
involved and no additional compensation will be allowed therefor.
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SECTION 7
7-1 DESCRIPTION OF WORK
7-1.01 GENERAL It is the intent of these Special Provisions that
security services for a period of eight (8) hours per day shall be provided. and
shall be adequate to ensure the safety of all persons residing within the
contract area and the protection of property contained therein. All services
shall be provided in a professional manner. consistent with the standards of the
industry.
7-1.03
accomplish
Contractor.
EQUIPMENT AND SUPPLIES -- All equipment and
the items of work specified herein. shall
and included in the lump sum contract bid.
supplies required to
be provided by the
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7-1.04 WORK TO BE PERFORMED
general, of the following:
The work to be performed consists,
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A.
Complete
patrol,
property
security patrol, consisting of a combination of motor and
of all contract areas to ensure the safety of persons
within the contract area.
foot
=d
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Patrol routes shall be established randomly rather th= uniformly =d
without any obvious patterns or predictability.
B. Scheduling of Work: The Contractor shall accomplish all normal security
services required under this contract , seven (7) days a week, from the
hours of 9:00 p.m. to 6:00 a.m., with 1 hour break for lunch. The hours
of may vary from time to time as necessary, as agreed upon between the
City and the Contractor, =d shall be considered a part of this
agreement.
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The Contractor shall conduct the work at all times in a manner which will
not interfere with normal pedestrian traffic and vehicular traffic on
adjacent streets or parking lots.
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SECTION 8
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8-1 TECHNICAL SPECIFICATIONS
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8-1.01 GENERAL AUTHORITY -- Security officers shall have the same powers of
arrest as a private citizen (Penal Code Section 837). Security officers have the
same status as private citizens/security guards with respect to arrests,
detentions, and other duties.
8-1.02 AREA OF CONTRACT -- The area of contract shall be those boundaries as
stated above and delineated on Plan 7791. All patrol and security services shall
be limited to this area and security officers shall not leave this area while on
duty, except in the extreme case where it becomes necessary for the protection
of the contract area.
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8-1.03 EQUIPMENT Security officers shall be in full uniform at all times
while on duty, which shall be the st=dard issue uniform of the contractor, =d
shall identify the security officer as a security officer and shall also identify
the contractor. All security officers shall bear a firearm. The vehicle used for
patrol by the security officer shall also be clearly marked as such, and shall
also identify the contractor. Security officers shall also be equipped with
portable 2 way radio that will be used for communication between the security
officer and a central dispatch of the contractor, in the event that such
communications becomes necessary in cases of emergency. All equipment =d
supplies, and the mainten=ce thereof, shall be the responsibility of the
contractor =d the cost of same shall be included in the lump sum bid.
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8-1.04 REMOVAL OF PERSON FROM PREMISES -- Any person who has willfully
disrupted the peaceful conduct of the residence within the contract area may be
asked to leave the premises if that person does not reside within the contract
area. In. the event of a resident, that person or persons shall be advised to
cease the disruptive conduct at once. Upon refusal, in either case, the Police
Department shall be contacted for appropriate action.
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8-1.05 DETENTION -- A security officer may detain a subject for an offense
occurring in his/her presence, and must contact the Police Department for further
action. The security officer may detain said subject until the arrival of a
Police officer, by must not use force or violence except in the case of self
defense, or the defense of other persons present.
8-1.06 SEARCHING -- Security officers have no authority to perform a search on
any person or persons and such searches shall not be performed.
8-1.07 USE OF FORCE -- Extreme caution and discretion must be used when dealing
with a situation that requires force, and must only be used in the event of self
defense or defense of others. A weapon may only be used by an officer to protect
himself/herself, or others, from imminent, great bodily injury or death.
8-1.08 ANIMAL CONTROL -- In the event of the presence of stray
appear dangerous and pose a threat to a person or persons within
area, the Police Department should be contacted and and an Animal
will be dispatched. After the hour of 5:00 P.M., an Animal Control
respond in cases of emergency.
animals that
the contract
Control unit
Unit will only
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8-1.09 FIRE -- In the event of a fire, the following steps must be taken:
a) Notify the Fire Department Immediately.
b) Notify people in the immediate area to leave at once.
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c) Notify the Manager(s).
8-1.10 FIGHTS AND DRUNKENNESS -- All references to the removal of persons,
detention and use of force, as stated in this section, apply in cases of fights
and/or drunkenness.
8-1.11 HAZARDOUS CONDITIONS -- If any hazardous conditions are noted, they
shall be reported to the Manager(s) as soon as practically possible.
8-1.12 REPORTS The security officer shall, at the beginning of each
notify the Manager(s) that he/she is on the premises. Additionally, the
officer shall clock in or out, respectively, at the beginning and end
shift, including lunch break and shall also clock in once every hour.
shift,
security
of each
A daily report shall be completed at the end of each shift, covering all
incidents and/or hazards, and shall be submitted to the Supervisor on a weekly
basis. The contractor shall also furnish the Supervisor with a written report
when any employee uses physical force or discharges a firearm, pursuant to
California Administrative Code 695.
8-1.13 SUPPLEMENTAL ITEMS OF WORK --- Overtime shall be a supplemental item of
work and shall be paid in increments of one-tenth (1/10) of one hour. Overtime
shall only be paid when authorized by the Supervisor and requested in writing. In
the event that a person or property is detained at or near the conclusion of a
shift, and a police officer has been summoned, overtime shall be authorized until
the arrival of said police officer, and a copy of the police report or the report
or case number, shall be submitted by the contractor to the Supervisor, and the
contractor shall indicate in a written report to the Supervisor stating the
reason or reasons the necessary work was not completed within the regular shift
hours.
8-1.14 OTHER DUTIES -- Security officers shall perform any additional duties to
which the City and the Contractor may agree to from time to time, which agreement
shall be part of this contract.
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AGREEMENT
CITY OF SAN BERNARDINO
This agreement, made and concluded this .E. day of ~IL 19f() ,
between the City of San Bernardino, (City) and
1J:wy~ fJ:;.OT2i'::m~~7?i/lCE5 r JA.J/JB7J??9'!y Co~;~/.&2 "fAJJ<<r<Ec_oel1V:'(
(Contractor) .
Article I - For and in consideration of the payments and agreements here-
inafter mentioned, to be made and performed by the City, and under the conditions
expressed in the bond as deposited with the City, Contractor agrees with the
City, at his/her own proper cost and expense to furnish any and all required
labor, transportation, equipment, supplies and apparatus, as set forth in the
Special Provisions to be furnished by City, necessary to complete in good
workmanlike and substantial manner security and related services in portions of:
All public streets and alleys within the area bounded by the centerline of
Highland Avenue on the North, the centerline of that certain east/west alley
South of 20th Street on the South, the centerline of Guthrie Street on the West.
and the centerline of Arden avenue on the East, in the City of San Bernardino;
in strict conformity with Plans and Special Provisions No. 7791 (1989-90).
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Article II - Contractor agrees to receive and accept the prices as set forth
in the successful bid as full compensation for furnishing all materials and doing
all the work contemplated and embraced in this agreement; also for all loss or
damage arIsIng out of the nature of the work aforesaid or from any unforeseen
difficulties or obstructions which may arise or be encountered in the prosecution
of the work and for all risks of every description connected with the work; also
for all expenses incurred by or in consequence of the suspension or
discontinuance of work, and for well and faithfully completing the work and the
whole thereof, in the manner and according to the Plans and Special Provisions,
and requirements of the Engineer under them.
Article III - City hereby promises and agrees with the said Contractor to
employ, and does hereby employ the said Contractor to provide the materials and
to do the work according to the terms and conditions herein contained and
referred to, for the prices as set forth in the successful bid, and hereby
contracts to pay the same at the time, in the manner, and upon the conditions
above set forth; and the said parties for themselves, their heirs, executors,
administrators, successors, and assigns, do hereby agree to the full performance
of the covenants herein contained.
Article IV - It is further expressly agreed by and between the parties hereto
that should there be any conflict between the terms of this instrument and the
bid or proposal of said Contractor, then this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
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Article V - Execution and Amendments. This agreement and any amendments or
modifications thereto shall not take effect or become operative until fully
signed and executed by the parties and no party shall be obligated hereunder
until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from
any act or course of conduct of any party.
Article VI - Anti-Discrimination Provision. Contractor shall
minate against any employee, as to up-grading, demotion, transfer,
layoff or termination, rates of payor other compensation because of
religion, sex, national origin, age or handicap.
not discri-
recruitment,
race, color,
Article VII - Hold Harmless. Contractor hereby agrees to, and shall, hold
City, its elective and appointive boards, commissions, officers, agents and
employees harmless from any liability for damage or claims for damage for
personal 1nJury, including death, as well as from claims for property damage,
which may arise from Contractor's operations under this agreement, whether such
operations be by Contractor or by anyone or more persons directly or indirectly
employed by or acting as agent for Contractor. Contractor agrees to and shall
defend City and its elective and appointive boards, commissions, officers and
employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid operations.
Article VIII - Amendment. This contract may be amended or modified only by
written ~greement signed by both parties hereto.
Article
delivered
follows:
IX - Notices. All notices herein required shall be in
in person or sent by certified mail, postage prepaid,
writing
addressed
and
as
City
Contractor
Director of Public Works
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
tARl&-n pPoTe-c..-nV8 SGRYlc.E$ ?
/N;;t:GTII1~ i'?oep /X;At-..~ :;;'cc.nR!7t'/
P()~!C ;;;L/.2.J? /
~Ljj.,,-,rY; r;.... 1'2 -=?~.3
,
Article X - Independent Contractor. Both parties hereto in the performance
of this agreement will be acting in an independent capacity and not as agents,
employees, partners, or joint ventures of one another. Contractor is not an
employee of City and is not entitled to any of the rights, benefits, or
privileges of the City employees including, but not limited to, medical or
worker's compensation insurance.
Article XI - No Assignment. This agreement shall not be assigned except with
the express written consent of the Mayor and Common Council.
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Article XII Entire Agreement. This Agreement and any documents or
instruments attached hereto or referred to herein integrate all terms and
conditions mentioned herein or incidental hereto, and supersede all negotiations
and prior writing in respect to the subject matter hereof. In the event of
conflict between the terms, conditions or provisions of this Agreement, and any
such document or instrument, the terms and conditions of this Agreement shall
prevail .
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IN WITNESS WHEREOF, the parties to these present have hereunto set
hands the year and the date first above written.
CONTRACTOR
Name of Firm:
TITLE:
MAILING ADDRESS:
p{) rov,;21..2 3
,
.RG[)c..~ a, 12373
,
PHONE NO. 0'-1) 381-63-'''7'2',
Approved as to form and Legal content:
James F. Penman,
City Attorney
their
CITY OF SAN BERNARDINO
/~
BY: . //~
ATTEST:
^/#aw?/ZId~/
SHAUNA CLARK. City Clerk