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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Sharer, Director Subject:
Resolution of the Mayor and Common Council
Dept: Facilities Management of the City of San Bernardino authorizing the
execution of a contract and issuance an Annual
Date: 05-01-07 Purchase Order with three one-year options to
Arrow Power Sweeping, Inc. for parking lot
sweeping services for the Carousel Mall and th,
five-level parking structure in the amount of
$59,900.00.
MlCC Meetinl: Date:
May 21, 2007
Synopsis of Previous Council Action:
7-21-04 Resolution authorizing the execution of a contract with Arrow Power Sweeping for parking
lot sweeping services at the Carousel Mall and the five level parking structure.
Recommended Motion:
Adopt Resolution.
Contact person: James Sharer
James W. Sh
Director of Facilities Mana em,
Phone: 384-5244
Supporting data attached: Staff Report, Resolution
Ward(s): I
FUNDING REQUIREMENTS:
Amount: $59,900.00
Source::
001-324-5507
Barbara .Pachon
Director of Finance
Council Notes:
t!J/S!r!m No. _
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tit CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
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SUBJECT
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of a contract and issuance an annual Purchase Order with three one-year options to
Arrow Power Sweeping Inc. for parking lot sweeping services at the Carousel Mall and the five-
level parking structure in the amount of $ 59,900.00.
BACKGROUND
The City of San Bernardino has contracted out parking lot sweeping services for the Carousel
Mall and the five-level parking structure for the past 20 years. This service has been provided by
Arrow Power Sweeping Inc. for the past 15 years. Arrow Power Sweeping Inc. is the only
vendor located in the City of San Bernardino. Arrow has given the City excellent service during
the past fifteen years and has asked the City to issue a contract to them for FY07/08 at the
existing rate of $59,900.00 per year. The three one-year options will include an adjustment not to
exceed the CPI rate of inflation for that year.
Arrow Power Sweeping Inc. has been diligent, responsive, and prompt in their execution of this
contract.
If approved by the Mayor and Common Council, this resolution will authorize this Negotiated
Purchase with Arrow Power Sweeping Inc. for FY2007/08 per Municipal Code 93.04.010 (B)
(3). In this situation, the negotiated purchase is more advantageous to the City because of the
relationship developed with this contractor over the past fifteen years.
FINANCIAL IMPACT
The contract cost for the parking lot sweeping services at the Carousel Mall and the five-level
parking structure is $59,900.00. If this contract is approved funds in the amount of $59,000 will
be included in the Facilities Management general fund budget for FY 07/08, account number
001-324-5507.
RECOMMENDATION
Adopt Resolution
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE ONE-YEAR
OPTIONS TO ARROW POWER SWEEPING, INC. FOR PARKING LOT SWEEPING
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SERVICES FOR THE C,mOUSEL MALL AND THE FIVE-LEVEL PARKING
STRUCTURE IN THE AMOUNT OF $59,900.00.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Arrow Power Sweeping, Inc. is the only known vendor in San Bernardino
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for the provision of parking lot sweeping services for the Carousel Mall and the five-level
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parking structure. Pursuant to SB Municipal Code ~3.04.010 (B) (3), the Common Council
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hereby authorizes the City Manager to execute on behalf of the City an Agreement For Services,
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attached and incorporated herein as Exhibit "A", and the Finance Department is hereby
authorized and directed to issue an annual Purchase Order with three one-year options to Arrow
Power Sweeping Inc. for $59,900.00 for FY 2007/08, referencing this resolution in the text ofth
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Purchase Order. The three one-year options shall include an adjustment not to exceed the CPI
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rate of inflation for that year.
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SECTION 2. This contract and any amendment or modification thereto shall not take
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effect or become operative until fully signed and executed by the parties and no party shall be
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obligated hereunder until the time of such full execution. No oral agreements, amendments,
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modifications or waivers are intended or authorized and shall not be implied from any other
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.course of conduct of any party.
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SECTION 3. This authorization to execute the above-referenced Agreement and
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Purchase Order is rescinded if not issued within 90 days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE ONE-YE
OPTIONS TO ARROW POWER SWEEPING, INC. FOR PARKING LOT SWEEPIN
SERVICES FOR THE CAROUSEL MALL AND THE FIVE-LEVEL PARKIN
STRUCTURE IN THE AMOUNT OF $59,900.00.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting thereof,
held on the day of ,2007, by the following vote, to wit:
,2007.
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PannckJ.Morris,Mayor
City of San Bernardino
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Approved as to form:
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Exhibit "An
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AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this of 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
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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
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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
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Exhibit UA"
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. COMPENSA nON
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:
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 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
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8.
Exhibit "AU
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.
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
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12.
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.
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 manner. 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.
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.
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13.
Exhibit "An
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. "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
15.
16.
For the purpose of determining compliance with Public Contract Code Section 10115, 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 fmal
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 ifrequested.
PREVAILlNGPARTY
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.
INDEMNITY
Vendor shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, iIUuries, 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
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Exhibit "An
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.
LIABILITY/INSURANCE
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. Comorehensive 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 Comoensation 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 ENTlREAGREEMENT
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.
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Exhibit l'Au
eGREEMENT 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:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Fred Wilson, City Manager
City of San Bernardino
Arrow Power Sweeping, Inc.
BY:
Signature
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NAME:
TITLE:
Approved as to form:
JAMES F. PENMAN
City Attorney
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2002-218
EXHIBIT 1
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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, consisten~~ith the standards of the industry.
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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 includin9 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.
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2002-218
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 "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.
2.
3.
4.
Item
1.
Surfaced Areas
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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.
e The following items of work shall be accomplished on a weekly basis:
No.
2.
No.
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Trash Receptacles
Parking Areas
Flower Beds
Item
1.
Ha 11 Entrances
Steps
3.
Pedestrian Bridge
. Description
Hose down and scrub all 9 pedestrian
access points.
Hose down and scrub all steps and stairways
to Mall and 3-level parkinq structure.
Hose down and scrub "E" Street bridge.
The following items of work shall be done on a monthly basis:
Item
1.
2.
Ma 11 Entrances
Trash Receptacles
Description
Steam clean, or by another approved method.
all 9 pedestrian access points and sidewalks.
Clean
SP - 8