Loading...
HomeMy WebLinkAboutCC AG PKT 2009-10-26 #LAGEN®A STAFF REPORT DATE: October 26, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: AWARD CONTRACT FOR MAIN STREET SIDEWALK CLEANING SUMMARY OF REQUEST: The City Council is asked to adopt Resolution No. 5930 awarding a contract for Main Street Sidewalk Cleaning to Superior Property Services in the amount of $39,900 per year and authorizing the City Manager to execute the contract. BACKGROUND: On July 20, 2009 the Public Works Department received proposals from contractors to perform Main Street Sidewalk Cleaning for the month of August. Superior Property Services (SPS) was the lowest responsible bidder and did an excellent job providing the service. The scope of work consists of high pressure washing and removing dust, gum and grime from structures, benches, pavers, trash bins and concrete sidewalk from PCH to Ocean Ave. including Central Ave. and Electric Ave. to the alleys. As part of the best management practices included within NPDES Storm Water Permit no discharges will be allowed into the storm drain system, contractor will capture all water using zero-discharge technique. Staff has held several meetings with SPS and they are fully aware of the City's expectations. The contractor is very competent and responsive of the complete scope of work. Staff recommends contracting SPS for the Main Street Sidewalk Cleaning at $3,325 per month. Agenda Item L. Page 2 FINANCIAL IMPACT: Funds will be allocated from the Street Maintenance Budget for $3,325 per month. The contract will be for a period of one year and may be extended for two additional one-year terms. Increases shall be contingent upon the current Consumer Price Index with a maximum of up 3% per year if approved by the Director of Public Works. RECOMMENDATION: It is recommended City Council adopt resolution No. 5930 awarding a contract for the Main Street Sidewalk Cleaning to Superior Property Service in the amount of $39,900 per year and authorize the City Manager to execute the contract. SUBMITTED BY: /~ n Vince Mastrosimone Director of Public Works NOTED AND APPROVED: David Carma y City Manager Attachments: A. Resolution No. 5930 B. Signed Contract RESOLUTION NUMBER 5930 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE CONTRACT FOR MAIN STREET SIDEWALK CLEANING NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the contract between the City of Seal Beach and Superior Property Services for Main Street Sidewalk Cleaning. Section 2. The Council hereby directs the City Manager to execute the contract , for Main Street Sidewalk Cleaning. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a regular meeting held on the 26th day of October .2009 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5930 on file in the office of the City Clerk, passed, approved, and adopted by the City Counci! at a regular meeting held on the 26th day of October , 2009. City Clerk CITY OF SEAL BEACH ORANGE COUNTY STATE OF CALIFORNIA MAIN STI~ET S~E~VALI~ CLEANING CONTRACT o~aa°~~ ~ IC. 6~ ~ V ~~~/p~p0 v ®~ , . ~`C' 00 ,~ ~ ~~ ~ ,~;kx ~~~~ ~~ ~ {~ ~~~oe 4°„_ ~U~y.d CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740-6379 PR®~ESSIONAL SERVICES AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Superior Property Services, Inc. 9129 Perkins St. Pico Rivera, CA 90660 (562) 801-9200 This Professional Service Agreement ("the Agreement") is made as of October 26, 2009 (the "Effective Date"), by and between Superior Property Services, Inc. ("Contractor"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECd'I'ALS A. City desires certain professional services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor must provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement must control. 1.2. Contractor must perform all Services under this Agreement in accordance with the standazd of care generally exercised by like professionals under similaz circumstances and in a manner reasonably satisfactory to Authority. 1.3. In performing this Agreement, Contractor must comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 1 yeaz unless previously terminated as provided by this Agreement. 3.0 Contractor's Compensation City will pay Contractor in accordance with the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $3,325/month. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the rate schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Contractor must submit to City monthly invoices for all services rendered pursuant to his Agreement. Such invoices must be submitted within 15 days of the end of the month during which the services were rendered and must describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Contractor within 30 days of Page 1 of 9 receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24 hours notice from City, Contractor must allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than thirty 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Ron Bruneck is the Contractor's primary representative for purposes of this Agreement. 7.0 1Votices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Superior Property Services, Inc. 9129 Perkins St. Pico Rivera, CA 90660 (562) 801-9200 Attn: Ron Bruneck 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Page 2 of 9 8.0 Independent contractor 8.1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor must not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed Page 3 of 9 with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply sepazately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; and (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primazy insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standazd separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declazed to and approved by the City. Contractor guazantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guazanteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnities") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including Page 4 of 9 wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered ~ against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in• enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor must not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is awaze of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. Page 5 of 9 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. . 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorney's fees and other costs incurred in connection with such action. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties .and that by their execution, the Parties are formally bound to the provision of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. Page 6 of 9 CITY OF SEAL BEACH By: David Canmany, City Manager Attest: By: Linda Devine, City Clerk Approved as to Form: By: CONTRACTOR ~~ ~ d/~%.2 i0 iZ ~'7U~~rY Ty of :-~i/%Y ':r S /.~.G' Name: ~;c1~. ~L> .~~~= ~L Its: .rc. ~~~•~ r7•=,.•- --- By: Name: Its: Quinn Barrow, City Attorney EX~IIBIT A SECTION 1.0 -SCOPE OF SERVICES -The City seeks a contractor to provide for sidewalk cleaning for Main Street from Pacific Coast Highway to Ocean Avenue. Upon selection of the contractor, the resulting contract will authorize the contractor to provide the services outlined below. The City will pay the contractor a negotiated fee for services. Services shall include but aze not limited to: ' Contractor shall provide all labor, equipment, materials and transportation (delivery) to perform sidewalk cleaning services for the City of Seal Beach. Cleaning shall include debris removal and high-pressure washing to remove dust, gum and grime from structures, benches, pavers, trash bins and concrete sidewalks. Power Washing Contractor shall use high-pressure water at a temperature to clean structures, benches, concrete sidewalks, pavers, trash bins and crosswalks pavers. Contractor to walk designated sidewalks and perform litter pick-up (sidewalk, landscape azeas, planters, and tree wells), sweeping and blowing. The Contractor must remove all debris from the area; all water must be captured using zero-dischazge technique and removal of all affluent from the sidewalks. The cleaning process must not damage the concrete surfaces and the brick payer's surface. The process must not damage adjacent azeas in any way. The contractor will be responsible for all damage to the surrounding azeas. ~ As part of the Best Management Practice included within Storm Water Pollution Prevention Program required at a regulated facility by the NPDES permit of the Clean Water Act, no dischazges will be allowed into the storm drain system or any type drain system. Appropriate cost for circumvention of the storm drain system dischazges aze assumed incorporated in the bid. ~ Main Street sidewalk cleaning shall be perform on a monthly basis. The contractor is limited to 5 days per month to perform the sidewalk cleaning, time is of the essence. ® The City will provide the water necessazy to complete the cleaning of the sidewalks. ® Hours of Maintenance: This job requires that the Contractor work during the hours of 3:OOAM to 9:OOAM Monday through Friday. Noise sensitive azeas shall start between the hours 7:00 AM to 9:00 AM. Once the contractor has established a schedule, no deviation will be allowed for any reason unless prior arrangements have been made with the City Representative. ® The City reserves the right to order cleaning in specific azeas. Areas shall be cleaned in any combination or sequence as determined by the Public Works Director or the designated representative. ~ The contractor, upon completion of the job in any space and prior to final acceptance the Contractor shall remove all supplies, materials, debris, rubbish, etc. caused by the operation and leave the finished site in a neat, orderly condition. All walls and glass door entries shall be free of dirty water and / or mud stains. Sidewalk Total- .36 Miles/1,922 LF. Please see attachment A (Map of Cleaning Area) for limits of work SECTION 2.0 -MINIMUM REQUIREMENTS -The City seeks to retain services from a contractor with demonstrated expertise performing the work described in this contract. The successful contractor will have a proven and successful track record in providing similaz services said in Section III above. Proven and successful experience is defined as providing evidence of: 1. References from three (3) recent public sector clients with similaz projects. Please provide the names and telephone numbers of the persons to be contacted for verification. SECTION 3.0 -REQUEST FOR ADDITIONAL ]NFORMATION -Please direct all questions regarding: MAIN STREET SIDEWALK CLEANING, City of Seal Beach, 211 Eighth Street, Seal Beach, CA 90740, Cesaz Rangel, Assistant Engineer, (562) 431-2527 ext. 1328. SECTION 4.0 -INSURANCE -The selected must provide the City with insurance as outlined in the sample agreement. SECTION 5.0 -PERIOD OF CONTRACT -The contract shall be for a period of twelve (12) months from the date of execution of the agreement. Prices shall be firm for a period of twelve (12) months from date of awazd. SECTION 6.0 -OPTION OF RENEWAL -The contract may be extended subject to written notice of agreement from the City and successful offeror, for up to two (2) additional twelve (12) month periods beyond the primary contract period. Said extension shall be subject to the same terms and conditions as the present contract. Increases shall be contingent upon the current Consumer Price Index (CPn with a maximum of up 3% per yeaz if approved by the Director of Public Works. SECTION 7.0 -CITY RESPOSIBILITIES -None.