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HomeMy WebLinkAboutReso. 1989-237 - Approving the agreement between the city of redding and express services ,A • I " RESOLUTION NO. 37%237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND EXPRESS SERVICES, INC. , EFFECTIVE JULY 2 , 1989 , FOR JANITORIAL SERVICES FOR RESTROOMS AT VARIOUS CITY LOCATIONS, AND AUTHORIZING THE MAYOR TO SIGN. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Agreement between the City of Redding and Express Services, Inc. , effective July 2 , 1989 , a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding, and that the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on said Agreement. 3 . That the City Manager of the City of Redding is hereby authorized and directed to sign all future amendments to said Agreement, if any, on behalf of the City of Redding, and that the If City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on said amendments , when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of II • • the City of Redding on the 18th day of July , 1989 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS: Buffuii, Dahl , Johannessen, & Carter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : Ful ton ABSTAIN: COUNCIL MEMBERS: None SCOTT CARTER, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk • ;; • -PROVED: RA DALL A. HAYS, Cit Attorney -2- II i 411 A10 . i;, ,, ir f �I '' AGREEMENT EI {j, a 6 THIS AGREEMENT is made and entered into this 9 day of I I, .TUC`' I !0 3-we-, 1989 , by and between the CITY OF REDDING, a Municipal I yl Corporation and General Law City, of 760 Parkview Avenue, ii 1i Redding, California 96001-3396 , hereinafter called "City, " and III EXPRESS SERVICES, INC. , of 2012 Hilltop Drive, Redding, California 96002 , hereinafter called "Contractor" : (' WITNESSETH: 1 . Contractor covenants and agrees to perform janitorial . li services for City at the various City locations and for the 1 0 weekly rates set forth in Exhibit "A" attached hereto and Iincorporated herein by reference, in accordance with the City of Redding Specifications for Furnishing Janitorial Services for li Restrooms at Various Locations and the General Conditions attached hereto as Exhibit "B" and incorporated herein by reference (Bid Schedule 2193) , and upon the terms and conditions !p and for the compensation set forth below. li 2 . Contractor agrees that said services shall be performed II I 1 in accordance with the attached Specifications for Furnishing II Janitorial Services for Restrooms at Various Locations and the General Conditions attached hereto as Exhibit "B, " in accordance with accepted industry practices and to the satisfaction of City' s Recreation and Parks General Foreman, and that failure to II II , I 111 1 . . ,I p do so shall constitute a material breach of this contract and grounds for the cancellation of this contract by City as hereinafter provided. 1 3 . City agrees to pay Contractor, in consideration of the 11 o services to be performed in accordance with the provisionsf paragraphs 1 and 2 above, the total contract price of Fifteen Thousand Seven Hundred Sixty-eight Dollars ($15, 768.00) , payable monthly. Contractor shall render invoices in duplicate to the City on the last day of each and every month during the term of pi this Agreement. In the event such services are performed by Contractor for only a fraction of a month as a result of the � I commencement dates, the expiration of the term hereof, or the earlier termination or cancellation hereof, Contractor shall be paid for the fraction of the month that services were performed in accordance with a proration of the monthly consideration 11 !� I computed on the basis of 1/30th of the monthly charge for each of I day of service rendered. �6 I 4 . The term of this Agreement shall be for thirty (30) weeks, as follows: li (a) 15 weeks commencing Sunday, July 2 , 1989, and jl terminating on Saturday, October 14 , 1989; and (b) 15 weeks commencing Sunday, March 18, 1990 , and terminating Saturday, June 30 , 1990 . I� I 5 . This Agreement is entered into upon the express I' condition that City shall be free from any and all liability and Ij -2- al� 411 410 � I claims for damages forpersonal injury, death, or property p damage in any way connected with Contractor' s services to be provided it hereunder, including claims of Contractor, its officers, agents, it ' f ; i!i and employees. Contractor shall indemnify and save harmless 9 11 City, its officers, agents and employees, from any and all III liability, loss, cost or obligation on account of or arising out II of any such injury, death, or loss caused by the negligence or other legal fault of Contractor or its officers, agents, and I it employees. Ali j 6 . It is understood and agreed as a condition of this SIIAgreement that Contractor shall, at its own expense, obtain from II a company authorized to do business in the State of California and keep in full force and effect comprehensive general liability insurance in the amount of $500,000 . 00 combined single limits; and automotive liability insurance in the amount of $500,000. 00 combined single limits. The policies covering said insurance l, coverages shall name City, its officers, agents, and employees, ll as additional insured, and shall further contain a provision 11! obligating the insurance carrier to notify City in writing at ((, least ten (10) days prior to any cancellation or reduction of such insurance. Certificates of Insurance evidencing such coverage and notice requirement shall be approved by City' s Risk II Manager and filed with him g prior to the commencement of services under this Agreement. II II -3- ' I � I 7 . It is further understood and agreed as a condition of this Agreement that should Contractor hire an employee or employees, it will provide workers ' compensation insurance on its employees, meeting the minimum requirements of the California Labor Code. Contractor shall furnish City with a Certificate 1 evidencing such insurance, approved by the Risk Manager of City and filed with him prior to the commencement of services under +I. this Agreement. 8 . This Agreement may be terminated at any time by either party upon thirty (30) days ' prior written notice to the other party. 9 . Any notices or demands that may be given by either party hereunder, including notice of default and notice of �II termination, shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope , and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows: To City c/o City Manager, 760 Parkview Avenue, Redding, California 96001-3396 ; and to Contractor at 2012 Hilltop Drive, Redding, California 96002 . 10. In carrying out the services to be performed under this Agreement, it is understood and agreed that Contractor is acting � I as an independent contractor and not as an employee of City. '1 I 11 . Future amendments to this Agreement, if any, may be � I executed by the City Manager of City. -4- �� I All 410 rl II', MI i. ' II 12 . It has been determined that this matter is not subject ' to the provisions of the California Environmental Quality Act. Il III IN WITNESS WHEREOF, the parties hereto have executed this II Agreement in the presence of their duly authorized officers on ISI the day and year first above written. II' CITY OF REDDING I' I By: 111 SCOTT CARTER, Mayor Ali EXPRESS S ICES , I C. ' 9_ II By: II CHRIS J. CORRIGAN, Owner �II 4 pl ATTEST: 9 li I �II ETHEL A. NICHOLS, City Clerk li FORM APPROVED: RANDALL A. HAYS, City Attorney -5- Li I f EXHIBIT "A" TO AGREEMENT BETWEEN CITY OF REDDING AND EXPRESS SERVICES, INC. EFFECTIVE JULY 2 , 1989 ! Janitorial Services for Restrooms Bid Schedule 2193 ' WEEKLY 30-WEEK LOCATION TOTAL TOTAL Ir [ 1 . Caldwell Park (East side near Market Street) , per Specifications $43 . 80 $ 1 , 314 1 f . b 2 . Redding Plunge (across from Teen Center in Caldwell Park) , per Specifications 43 . 80 1 ,314 li 3 . Boat Ramp, Caldwell Park (near SP Railroad Trestle) , per Specifications 43. 80 1 , 314 I, Ali 4 . Lake Redding Park (near Horseshoe Courts) , per Specifications 43 . 80 1 ,314 'Il 5 . Kiwanis #2 Ball Field (between K#2 and K#3 Ball Fields in Caldwell Park) , per Specifications 43 . 80 1 , 314 it 6 . Buckeye Park (end of Hiatt Drive near Buckeye School) , per Specifications 43. 80 1, 314 di i I� III 410 • Bid Schedule 2193 EXHIBIT A, continued: � I I, 7 . Martin Luther King, Jr. , Memorial Park (Sheridan Avenue) , per I Specifications $43 . 80 $ 1 ,314 I 8 . Posse Grounds Boat Ramp (Posse 1 Grounds) , per Specifications 43 . 80 1 ,314 ,I 9 . South City Park (near Tiger Field, Parkview Avenue and Market Street) , per Specifications 43 . 80 1 ,314 10 . Kiwanis #4 Ball Field (South of K-Mart on Parsons School property) , per Specifications 43 . 80 1 , 314 .I. 11, 11 . Alta Mesa Park, per Specifications 43 . 80 1 , 314 12 . Redding Softball Park (Akard Avenue, near Parkview Avenue) , per Specifications 43 . 80 1 , 314 30-WEEK GRAND TOTAL: $15, 768 Ip ill . N.B. "Specifications" referred to above are those contained in Exhibit "B" entitled "City of Redding Specifications for Furnishing Janitorial Services for Restrooms at Various ;.1 part together with the "General Conditions" forming a part thereof. � I ! -2- 1 III 110 , • 1 j • EXHIBIT "B" I CITY OF REDDING I PURCHASING DEPARTMENT ,, SPECIFICATIONS For Furnishing JANITORIAL SERVICES I. FOR RESTROOMS AT VARIOUS LOCATIONS PAGE 1 ' I 1 Number of commodes, sinks, and urinals at each site: ' Commodes Sinks Urinals 1 . Caldwell Park 8 4 1 2. Redding Plunge 8 4 2 3. Boat Ramp Caldwell Park 3 2 1 4 . Lake Redding Park 6 4 2 5. Kiwanis #2 Ball Field 6 4 3 NI6. Buckeye Park 6 4 2 1 7. M. L. K. Jr. Memorial Park 5 2 1 ' 8 . Posse Grounds Boat Ramp 3 2 1 9 . South City Park 9 4 1 1C , Kiwanis 44 Ball Field 5 2 1 I 11 . Alta Mesa Park 4 2 1 12 . Redding Softball Park 5 2 1 SCOPE OF WORK : The scope of work which includes but is not necessarily limited to, I the following : Contractor shall provide restroom janitorial maintenance services seven (7) days a week twice daily. f�1 Contractor shall furnish all labor, tools and equipment to perform 'I the specified service . Ill All restrooms are to have floors and fixtures cleaned and paper I installed twice daily. Restroom walls and doors shall be cleaned when necessary. 1 • i PROPOSAL-JANITORIAL SERVICES FOR RESTROOMS AT VARIOUS LOCATIONS PAGE 2 PRE-BID CONFERENCE: TUESDAY, May 16 , 1989 Pre-bid conference will be held on Tuesday, May 16 , 1989 at 10 : 00 P.M. in the City Hall Conference Room, City of Redding, 760 Parkview Avenue, Redding, California. GENERAL: Contractor may pick up supplies as required from the City Warehouse 1 upon written request approved by the Recreation and Parks General Foreman. VANDALIZED RESTROOMS ARE TO BE LOCKED AND THE PARKS DEPARTMENT NOTIFIED AT ONCE---225-4095. Contractor shall maintain restrooms in accordance with accepted industry practices and to the satisfaction of the Recreation and Parks General Foreman. Failure to perform the janitorial services in accordance with the proposal , specifications and to the satisfaction of the Recreation and Parks General Foreman of the City of Redding shall be grounds for cancellation by the City of Redding. I Contractor shall comply with all applicable laws, ordinances, and regulations pertaining to the public health and sanitation. Contractor shall provide for a walk through inspection once each month with the City of Redding, Recreation and Parks General Foreman to be arrange at a mutually acceptable time. JANITORIAL SERVICES SHALL COMMENCE SUNDAY, JULY 2 , 1989 and TERMINATE SUNDAY, OCTOBER 15 , 1989 , FIFTEEN (15) WEEKS, and AGAIN COMMENCE SUNDAY, MARCH 18 , 1990 and TERMINATE on SATURDAY, JUNE 30, 1990, FIFTEEN (15) WEEKS , for an OVER ALL TOTAL of THIRTY (30) WEEKS. NOTE TO BIDDERS: All bidders are encouraged to visit the restroom locations indicated . 11 In order to demonstrate that the contractor can properly fulfill all of the services and conditions of these specifications, the ,i contractor shall furnish with his bid a written statement to the City showing that he has; satisfactorily performed other contracts of a similar nature and magnitude, and the number of years contractor has been in business under this name and management . Before awarding the contract the City will consider the above data and may request additional information from the bidder as deemed necessary. 411 • • X11 11 PROPOSAL-JANITORIAL SERVICES FOR RESTROOMS AT VARIOUS LOCATIONS PAGE 3 i I ' BIDDER SHALLPROVIDE A LIST OF REFERENCES WITH THE BID PROPOSAL. RIGHT OF CANCELLATION: This agreement maybe terminated at anytime byeither II g party upon thirty (30) days prior written notice to the other party. J I' PAYMENTS Contractor shall render invoices in duplicate to the City on the !I' last of the month, monthly. If necessary at the commencement or termination of the contract, payments will be made for any fractional part of a month ' s service at the rate of one-thirtieth li (1130) of the monthly charge for each day of service rendered. CONTACTS: II For technical information contact: Ernie Woods, Recreation & Parks General Foreman, 916-4095 For information on bid requirements contact: i! Carolyn J. Roberts, Purchasing Officer, 916-225-4137 NOTE: If there are any deviations from the specifications set fcrth herein, the bidder shall note the deviations in his bid . Failure to note a deviation from the specifications may be grounds for rejection by the City of that particular bid. Where deviations are noted, the City reserves the right to accept a bid containing such deviations provided that, in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the item bid to perform the function for which it is yl to be acquired and such deviations result in a lesser total cost to the City for the subject item. 11; r!1 !I GENERAL CONDITIONS PAGE 1 I. I 1 . INSURANCE A. The contractor shall procure and maintain during the entire period of performance under any contract administered by the City of Redding, the following minimum insurance coverage: I 1 . Comprehensive General Liability Insurance - five hundred thousand dollars ($500 ,000) combined single limits. 1.I 2. Automotive Liability Insurance - five hundred thousand dollars ($500, 000) combined single limits. 'I i Prior to commencement of work, the contractor shall furnish to ;'I the City of Redding, Risk Manager, a certificate of insurance ;I showing the above required insurance coverages are in effect ; 1; and naming the City of Redding, its agents, officers and employees as additional insureds. The certificate shall guarantee the City at least ten (10) days written notice of cancellation or reduction in coverage. 1 Depending upon the nature of the contract, higher volumes of j, insurance may be required. j ; B . If the City requires evidence of workers compensation , insurance , it shall meet the minimum requirements of the i California Labor Code. The certificate shall be furnished to the City of Redding, Risk Manager and shall guarantee the City at least ten (10) days written notice of cancellation or reduction in coverage. 1 2 . DEFINITIONS: 11 In these specifications the word "City, " means the City of Redding, California. The term "Bidder, " means the person, firm, or corporation submitting a bid on these specifications or on any part thereof . The term "Contractor, " means the person, firm, or corporation with whom the Contract is made by said City, or the i, agent or legal representative who may be appointed to represent stch party, firm, or corporation in the execution of this Contract. The term "Engineer, " means the City Engineer of the City of Redding, acting either directly or through his personally appointed acents , such agents acting severally within the scope of the specific duties entrusted to them. ! I i' I it III I ! CITY OF REDDING-GENERAL CONDITIONS 1 PAGE 2 3 . PROPOSALS: Bids, to receive consideration, shall be made in accordance with the following instructions : I (a) Bids shall be made as indicated on the forms contained in the documents attached hereto and entitled "BID, " properly executed in ink, with all blank spaces filled in. The signatures , ; of all persons signing the bid shall be in longhand. The completed Bid Form shall be without alterations or erasures and shall not be removed from this binding . Additional information may be submitted , by the bidder on a separate sheet. 1 (b) Each bid shall be accompanied by a certified check drawn on a bank authorized to do business in the State of California, payable at sight to the City of Redding in an amount equal to or not less than five hundred dollars ($500. 00) . Should the bidder choose to furnish a bid bond in lieu of a certified check, he shall execute the form of "Bid Bond" attached to the documents. The said bond shall be secured from a responsible surety company satisfactory to the City. The said check or bond shall be given as a guarantee that the bidder will enter into a Contract, if awarded to him, within thirty (30) days. In case of refusal or failure to enter into said Contract within said time, the amount of the check or bond, as the case may be, shall be forfeited to the City, as II liquidated damages . (c) Before submitting a bid, bidders should read the , Specifications carefully and should inform themselves completely as to all existing conditions and limitations. The bid shall include the cost of all items necessary to complete the Contract. (d) Each proposal shall be enclosed in a sealed envelope addressed to the City Clerk of the City of Redding, City Hall , Redding, California 96001 . The outside of the envelope shall be k plainly marked with Bidder' s name and address and the Bid Schedule Number. I' (e) All bids received after the scheduled closing time for receipt of bids shall NOT be accepted or considered and shall be q returned to the bidder unopened . t 4 . WITHDRAWAL OF BID: 11, Any bidder may withdraw his bid, either personally or by IIwritten request, at any time prior to the scheduled closing time for receipt of bids. 5 . INTERPRETATION: If a prospective bidder is in doubt as to the true meaning i of any part of the "Notice Inviting Bids, " "General Conditions, " or the "Specifications, " or finds discrepancies in or omissions in the C same, he may submit to the City a written request or an interpretation or a correction thereof. Any interpretations or corrections of the proposed documents will be made only by addendum mailed or delivered to each person receiving a set of such documents. Such addendum shall be considered as part of the I Contract. 1 ► r . .111 CITY OF REDDING-GENERAL CONDITIONS ' PAGE 3 6 . AWARD OF CONTRACT OR REJECTION OF BIDS: The contract will be awarded within sixty (60) days of the opening of bids. The City, however, reserves the right to reject any or all bids, or any part of any such bid, and to waive any informality in bids received, taking into consideration the ultimate economy to the City. 7 . ASSIGNMENT OF CONTRACT: No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the City unless such assignment has had the prior approval of the said City and surety has been given due notice of such assignment in writing and has consented in writing. 8 . QUALIFICATIONS OF BIDDER: Only manufacturers or contractors of established reputations, or their duly authorized dealers or agent, having proper facilities for the manufacture of the materials or equipment and for servicingfor same, or proper execution of the work called for in the Specifications, will be considered in making the award. 9 . MATERIALS, WORKMANSHIP, AND DESIGN: All work must be done and . completed in a thorough, workmanlike manner by mechanics skilled in their various trades , notwithstanding any omission from the Specifications.