Loading...
HomeMy WebLinkAbout2007-163 I RESOLUTION NO. 2007-163 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AND 3 ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE ONE-YEAR OPTIONS TO ARROW POWER SWEEPING, INC. FOR PARKING LOT SWEEPING 4 SERVICES FOR THE CAROUSEL MALL AND THE FIVE-LEVEL PARKING STRUCTURE IN THE AMOUNT OF $59,900.00. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION I. Arrow Power Sweeping, Inc. is the only known vendor in San Bernardino 8 for the provision of parking lot sweeping services for the Carousel Mall and the five-level 9 parking structure. Pursuant to SB Municipal Code 93.04.010 (B) (3), the Common Council 10 hereby authorizes the City Manager to execute on behalf of the City an Agreement For Services, 11 attached and incorporated herein as Exhibit "A", and the Finance Department is hereby 12 authorized and directed to issue an annual Purchase Order with three one-year options to Arrow 13 Power Sweeping Inc. for $59,900.00 for FY 2007/08, referencing this resolution in the text of the 14 Purchase Order. The three one-year options shall include an adjustment not to exceed the CPI IS rate of inflation for that year. 16 SECTION 2. This contract and any amendment or modification thereto shall not take 17 effect or become operative until fully signed and executed by the parties and no party shall be 18 obligated hereunder until the time of such full execution. No oral agreements, amendments, 19 modifications or waivers are intended or authorized and shall not be implied from any other 20 course of conduct of any party. 21 SECTION 3. This authorization to execute the above-referenced Agreement and 22 Purchase Order is rescinded if not issued within 90 days of the passage of this resolution. 23 III 24 III 25 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AN 2 ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE ONE-YE OPTIONS TO ARROW POWER SWEEPING, INC. FOR PARKING LOT SWEEPIN 3 SERVICES FOR THE CAROUSEL MALL AND THE FIVE-LEVEL PARKIN STRUCTURE IN THE AMOUNT OF $59,900.00. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 21st day of Mav ,2007, by the following vote, to wit: 6 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x BAXTER x 10 11 BRINKER x DERRY x 12 - KELLEY x 13 JOHNSON x 14 McCAMMACK x 15 16 ~d h.~ Ci lerk 17 18 The foregoing resolution is hereby approved this ~Il day of May ,2007. 19 20 21 22 Approved as to form: 23 24 25 2007-163 Exhibit "A" AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 21st of May 2007, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Arrow Power Sweeping, Inc., hereinafter referred to as "Vendor". 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, Vendor is qualified to provide said services; and WHEREAS, the San Bernardino Common Council has elected to engage the services of Vendor upon the terms and conditions as hereinafter set forth; NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Vendor 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 "I", attached hereto and incorporated herein, all hereinafter referred to as "Work". 2. TERM OF AGREEMENT The services of Vendor are to commence July 1, 2007 and extend through June 30, 2008. This Agreement shall expire upon completion of the project or as directed by the City unless extended by written agreement of the parties. Vendor shall have three one-year options to extend this agreement. 3. STANDARD OF PERFORMANCE/ PERMITS AND LICENSES Vendor shall complete all work in conformance with Federal, State, and local regulations and industry standards. Vendor warrants it possesses, or shall obtain and maintain during the term of this agreement, a business registration certificate pursuant to Title 5 of the San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and' approvals of whatever nature that are legally required of vendor to practice its profession, skill or business. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Services" is made an obligation of Vendor under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be incorporated by written amendments 1 2007-163 Exhibit "A" to this Agreement and include any increase or decrease in the amount of compensation due Vendor for the change in scope. Any change which has not been so incorporated shall not be binding on either party. B. Vendor shall render no extra services under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. 5. COMPENSATION A. Upon satisfactory completion of the work, the Vendor will be paid in an amount not to exceed $59,900 in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted to the contract manager. The invoice amount will be based on the actual work performed by task. Vendor will submit an invoice to the City monthly. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Vendor shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Vendor. Any adjustment of the total cost of services will only be permitted when the Vendor establishes and City has agreed in writing that there has been, or is to be, a significant change in: 1. 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 in the Agreement for completion of the work warrants such adjustment. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every month by Vendor to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Vendor within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. All tasks as specified in Exhibit "I" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES The Director of Facilities Management of City, or his designee, shall have the right of general supervision over all work performed by Vendor and shall be City's agent with respect to 2 2007-163 Exhibit "A" obtaining Vendor'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. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Vendor hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, age, handicap or national origin. Vendor shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated for the convenience of the City or Vendor upon thirty (30) days written notice to the other party. A. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Vendor, Vendor fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Vendor such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Vendor shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 11. INDEPENDENT VENDOR Vendor shall act as an independent Vendor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Vendor shall furnish such services in its own marmer. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Vendor and the City. 12. ASSIGNMENT OR SUBCONTRACTING Vendor shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Vendor to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 3 2007-163 Exhibit "A" 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Vendor and City: VENDOR CITY Rick Voce Arrow Power Sweeping, Inc. PO Box 23076 San Bernardino, CA 92406 Jim Sharer Director of Facilities Management 300 N. "D" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES For the purpose of determining compliance with Public Contract Code Section lOllS, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Vendor, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Vendor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. IS. PREVAILING PARTY The prevailing party in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. 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. 16. INDEMNITY Vendor shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Vendor's negligent performance of services under this Agreement. Vendor shall not be responsible for, and City shall indemnify, defend, and hold harmless Vendor from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities 4 211l07-163 Exhibit "A" of, by or with respect to third parties, which arise from the City's negligent performance under this Agreement. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Vendor and City, each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITYIINSURANCE Vendor shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Vendor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Vendor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to modification or cancellation of any insurance policy of the Vendor. A. Comprehensive General Liabilitv and Automobile Insurance. The Vendor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance. The Vendor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Vendor. 18. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 19 ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. III III 5 2007-163 Exhibit "A" AGREEMENT FOR SERVICES with Arrow Power Sweeping, Inc. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: ~k.~ Rachel lark, City Clerk City of San Bernardino BY: F d ilson, City Manager City of San Bernardino Arrow Power Sweeping, Inc. BY:~~ Ignature NAME: \<-ic.-\c- Vote TITLE: r n::si c\e l\-T" Approved as to form: JAMES F. PENMAN City Attorney BY: III III 6 I - r . 2002-218 . EXHIBIT 1 SECTION 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: 1. 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. ~---~ ( ~ ~~ ~ 2002-218 . TECHNICAL SPECIFICATIONS SECTION 8 . 8-1.01 DESCRIPTION -- The Central City Hall parking lots provide 2,516 surface parking spaces, with curbed islands for planting. The 3-1eve1 parking structure provides 1170 parking spaces. The nine entrances are those vehicular access points to the Hall parking facilities. All pedestrian areas around the Hall are included in this contract, including the "E" 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 Hall is open for business. No. 1. 2. 3. 4. No. 1. 2. 3. No. 1. 2. Item Surfaced Areas Trash Receptacles Park ing Areas Flower Beds Description Blow off all sidewalks, steps, stairways, "E" Street pedestrian bridge, concrete pillars, lamp post and around bumper stops. Empty, clean and install plastic trash bags of appropriate size and thickness. Sweep surface parking areas. Remove trash and debris. The following items of work shall be accomplished on a weekly basis: Item Ma 11 Entrances Steps Pedestrian Bridge . Desc ri pt i on Hose down and scrub all 9 pedestrian access points. Hose down and scrub all steps and stairways tn Mall and 3-1evel parkinq structure. Hose down and scrub "E" Street bridge. The following items of work shall be done on a monthly basis: Item Ma 11 Entrances Trash Receptacles Description Steam clean, or by another approved method, all 9 pedestrian access points and sidewalks. Clean SP - 8