HomeMy WebLinkAboutContracts & Agreements_162-2010_CCv0001.pdf AGREEMENT TO PROVIDE CITY WIDE STREET SWEEPING SERVICES
FOR THE CITY OF REDLANDS
This agreement for the provision of street sweeping services("Agreement")is made and entered into
this 19th day of October,2010("Effective Date"),by and between the City of Redlands,a municipal
corporation ("City") and Cannon Pacific Services, Inc ("Contractor"). City and Contractor are
sometimes individually referred to herein as a"Party" and, together, as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to provide City wide sweeping services (the"Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the Services to City
at a level of competency presently maintained by other practicing contractors in the industry
providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONTRACTOR
2.1 The Services which Contractor shall perform are more particularly described in Exhibit"A,"
entitled "Scope of Services,"which is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local laws and regulations in
its performance of the Services including,but not limited to,the Americans with Disabilities Act and
the Fair Employment and Housing Act.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.I City shall make available to Contractor public information in its possession that may assist
Contractor in performing the Services.
3.2 City will make reasonable provision for Contractor to enter upon City-owned/leased property
to perform the Services.
3.3 City designates the Operations Manager of City's Quality of Life Department as City's
representative with respect to performance of the Services,and such person shall have the authority
to transmit instructions,receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
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ARTICLE 4 - PERIOD OF SERVICE
4.1 Contractor shall perform the Services in a prompt and diligent manner for a five year
period, commencing on the date of City's issuance of a written "notice to commence services" to
Contractor.
ARTICLE 5 - PAYMENT AND NOTICE
5.1 The compensation for Contractor's performance of the Services shall be in the amount of
Twenty Thousand Five Hundred Twenty Two Dollars and Sixty Four Cents($20,522.64)per month.
City shall pay Contractor on a monthly basis. Compensation for any Services rendered for a partial.
month shall be pro-rated on a one-thirtieth (1030) basis.
5.2 Payments by City to Contractor shall be made within thirty (30) days after receipt and
approval by City of Contractor's invoice, by warrant payable to Contractor. Invoices shall be sent
on a monthly basis.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by mail
should be addressed as follows:
City: Contractor:
Operations Manager Lee Miller
Quality of Life Department Cannon Pacific Services, Inc.
PO Box 3005 285 Pawnee Street Suite A
35 Cajon Street, Suite 222 San Marcos, CA. 92078
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices and payments are
to be given by giving notice pursuant to this section.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 All insurance required by this Agreement shall be maintained by Contractor for the duration
of its performance of the Services. Contractor shall not perform any Services pursuant to this
Agreement unless and until all required insurance listed below is obtained by Contractor. Contractor
shall provide City with original certificates of insurance and endorsements evidencing the insurance
coverage required by this Agreement prior to commencement of the Services. All insurance policies
shall include a provision prohibiting modification of the coverage limits or cancellation of the policy
except upon thirty (30) days prior written notice to City.
6.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in an amount which meets the
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statutory requirement with an insurance carrier acceptable to City.
6.3 Contractor shall indemnify, hold harmless and defend City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including attorneys'
fees,arising from injury or death to persons or damage to property occasioned by any act, omission
or failure to act by Contractor, or its officers, employees and agents in performing the Services.
6.4 Contractor is expressly prohibited from assigning any of the Services without the express
written consent of City.
6.5 Contractor shall secure and maintain in force throughout the duration of its performance of
this Services comprehensive general liability insurance with carriers acceptable to City. Minimum
coverage of one million dollars ($1,000,000) per occurrence and two million dollars($2,000,000)
aggregate for public liability,property damage and personal injury is required. City shall be named
as additional insured and a certificate of liability insurance and endorsement shall be delivered to
City prior to commencement of the Services. Such insurance shall be primary and non-contributing
to any insurance of self-insurance maintained by City.
6.6 Contractor shall secure and maintain business auto liability coverage,with minimum limits
of one million dollars($1,000,000)peroccurrence,combined single limit for bodily injury liability
and property damage liability.This coverage shall include all Contractor owned vehicles used for its
performance of the Services,hired and non-owned vehicles,and employee non-ownership vehicles.
Such insurance shall be primary and non-contributing to any insurance or self insurance maintained
by City. City shall be named as an additional insured and a certificate of liability insurance and
endorsement shall be delivered to City prior to commencement of the Services.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the
recovery of its reasonable attorneys" fees, including fees for use of in-house counsel by a Party.
7.2 Contractor is for all purposes an independent contractor. Contractor shall supply all tools,
equipment and instrumentalities required to perform the Services. All personnel employed by
Contractor are for its account only, and in no event shall Contractor or any personnel retained by it
be deemed to have been employed by City or engaged by City for the account of, or on behalf of
City.
7.3 This Agreement may be terminated by City, in its sole discretion and without cause. by
providing five(5)business days prior written notice to Contractor(delivered by certified mail,return
receipt requested) of intent to terminate.
7.4 If this Agreement is terminated by City,an adjustment to Contractor's compensation shall be
made,but(1)no amount shall be allowed for anticipated profit or unperformed services,and(2)any
payment due Contractor at the time of tennination may be adjusted to the extent of any additional
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costs to City occasioned by any default by Contractor.
7.5 Upon receipt of termination notice, Contractor shalt immediately discontinue all Services
affected, and within five (5) days of the date of the termination notice, deliver or otherwise make
available to City,copies(in both hard copy and electronic form,where applicable)of any data,floor
plans,drawings of buildings,specifications,reports,estimates,summaries, passwords,access codes
and such other information and materials as may have been accumulated by Contractor in
performing the Services required by this Agreement. Contractor shall be compensated on a pro-rata
basis for Services completed up until notice of termination.
7.6 Contractor shall maintain books and accounts of all payroll costs and expenses related to the
Services. Such books shall be available at all reasonable times for examination by City at the office
of Contractor.
7.7 This Agreement, including the Exhibit incorporated herein by reference,represents the entire
agreement and understanding between the Parties as to the matters contained herein, and any prior
negotiations, written proposals and verbal or written agreements relating to such matters are
superseded by this Agreement. Any amendment to this Agreement shall be in writing,approved by
City and signed by City and Contractor.
7.8 This Agreement shall commence on its Effective Date and terminate five (5) years after
Contractor's commencement of the Services, as evidenced by City's written notice referenced in
Section 4.1 of this Agreement, unless terminated earlier as provided for in Section 7.3 of this
Agreement. Notwithstanding the foregoing, City shall have the option and right to extend this
Agreement for an additional term of up to five years, on the same terms and conditions, by written
notice to Contractor no less that sixty (60) days prior to the expiration of this Agreement.
7.9 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
iN WITNESS WHEREOF,duty authorized representatives of the City and Contractor have signed in
confirmation of this Agreement.
CITY OF REDLANDS CANNON PACIFIC SERVICES, INC.
By: L By:,�e(
Pat Gilbreath, Mayor L9 Miller, President and CEO
Attest:
City Clerk
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Street Sweeping Agreement
Exhibit A
Scope of Services
The selected Proposer shall use and furnish at its own expense all labor, equipment
and materials necessary for the satisfactory performance of the street sweeping and
parking lot sweeping work set forth herein. After sweeping, curbs and gutter shall be
left in a clean condition (free from residue). The selected Proposer shall make as many
passes as are necessary to leave the streets in clean condition. The selected Proposer
shall maintain a log that indicates dates, times, streets and miles swept. The log shall
be available for the inspection of the Quality of Life Director or his designee.
A. Sweeping services will include the following:
1. Downtown area shall be swept on every Wednesday and Friday: Full sweep
on State Street Redlands Blvd to Orange Street (9.85 miles per service)
2. 1St Monday approximately 46.36 curb miles
1St Tuesday approximately 51.29 curb miles
1St Wednesday approximately 43.22 curb miles
1" Thursday approximately 57.97 curb miles
1St Friday approximately 49.63 curb miles
2nd Monday approximately 58.35 curb miles
2nd Tuesday approximately 60.9 curb miles
2nd Wednesday approximately 56.24 curb miles
2nd Thursday approximately 35.75 curb miles
2nd Friday approximately 42.1 curb miles
Total 541.81 curb miles
Average 50.181
3. All City parking lots shall be swept on a monthly basis:
4. All intersections, two way turn lanes and left turn lanes shall be swept on their
schedule day
5. Sweeping Services Management Plan
As part of this proposal the Proposer shall submit a plan for ensuring that all
streets are swept. The Proposer is encouraged to use its experience to
incorporate creativity and real world solutions tailored to the needs of the City
of Redlands. This management plan must include solutions that consider
population growth, parked cars, trash pickup services etc. The Proposer is
encouraged to use the latest technology advances in its plan to achieve its
management plan objectives.
the appropriation of $63,574.66 from the Open Space Fund for use as the
required cash match for the San Timoteo Creek Habitat Enhancement Project.
Conservation Easement - As a public comment on this item, Bob Roberts
requested insertion of language into an easement agreement between the City of
Redlands and the Redlands Conservancy to reserve the City of Redlands' right to
install infrastructure on the property if needed to support adjacent properties.
Bill Cunningham identified a blanket easement across the property in question
held by the West Redlands Water Company and an established right held by the
Cunningham family to maintain a wetland on the property. He asked that
language be added to the easement agreement to protect these rights. On motion
of Mayor Pro Tem Bean, seconded by Councilmember Gallagher, and with the
stipulation that Mr. Roberts` and Mr. Cunningham's concerns be accommodated,
the City Council unanimously approved a Conservation Easement for permanent
open space conservation and conveying maintenance and care responsibility for
property associated with the San Timoteo Creek Habitat Enhancement Project to
the Redlands Conservancy.
Shap Local Program - On motion of Mayor Pro Tem Bean, seconded by
Councilmember Gallagher, the City Council unanimously approved directing
staff to participate in and with the Redlands Independent Business Owners and
the Redlands Chamber of Commerce to develop and implement The 3150
Project. The project shows consumers how their spending impacts the local
economy, explaining that $68.00 returns to the local economy for every $100.00
spent at local businesses while only $43.00 comes back to the local economy
when $100.00 is spent at a big box or large chain store. Of the money spent on
internet purchases, zero comes back.
Street Sweeping Contract - On motion of Mayor Pro Tem Bean, seconded
by Councilmember Gallagher, the City Council unanimously approved an
agreement between the City of Redlands and Cannon Pacific Services, Inc,
city-wide street sweeping services.
Paramedic Eguiment - On motion of Mayor Pro Tem Bean, seconded by
Councilmember Gallagher, the City Council unanimously agreed to return a
lease-purchase agreement for seven new cardiac monitors and defibrillators to
the Fire Department Paramedics submission to the competitive bidding process.
PUBLIC HEARINGS:
Ordinance No. 2739 - R-3 Zone Density - Mayor Gilbreath opened the public
hearing and called for a report from Sergio Madera, of the Development
Services Department, covering the planning considerations leading to Ordinance
No. 2739 modifying the density allowed in the R-3 (Multiple-Family
Residential) District from one thousand five hundred (1,500) square feet of lot
area per dwelling unit to one thousand four hundred fifty (1,450) square feet of
October 19,2010
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