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HomeMy WebLinkAboutC-1717 - Street sweeping at Orange County Airport'COUNTY OF ORANGE OBJECT GENERAL SERVICESAGENCY roAr PROCUREMENT DIVISION PURCHASE ORDER VENDOR CITY OF NEWPORT BEACH CITY HALL 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92660 BILLING INSTRUCTIONS BELOW PURCHASE°' ORDER N0._..X_5 6) CONTROL NO. 08996 These Numbers MUST APPEAR an all Invoices, Shipping Papers, Packages & Inquiries. SHIP TO AIRPORT 18741 AIRPORT WAY NORTH SANTA ANA, CA 92707 N D FUND B/U OBJECT SUB OBJ RESP. CTR ilATE30RY JOB NUMBER GRANT DATE MAILED COMMODITY TOTALAMOUNT 0122 190 410 RH 9 -13 -76 9971 RED NO. PRI -CD FOBDEST PLLSFRT TERMS ORDERDATE DELIVERYWITHIN JO0 1226 3 YES NO NET 30 SEE BELOW DAYSARO 1,0 0:0 rN ND. O. QUANTITY ORDERED UNIT DESCRIPTION UNIT PRICE AMOUNT PROVIDE STREET SWEEPING SERVICE IN THE t VICINITY OF THE ORANGE COUNTY AIRPORT. I i EFFECTIVE (RETROACTIVELY): JANUARY 1, 1976, THRU DECEMBER 31, 1977. , I ( -- SERVICE DESIRED IS TO SWEEP APPROXIMATEL i t FOUR (4) MILES OF ROADWAY ALONG AIRPORT WAY NORTH, LOOP ROAD AND AIRPORT WAY SOUTH. I SCHEDULING OF THE SERVICE TO BE AGREED i UPON BY THE GENERAL SERVICES DIRECTOR OF 1 THE CITY OF NEWPORT BEACH AND THE COUNTY �. DIRECTOR OF AVIATION. COUNTY. ASSUMES NO LIABILITY FOR THE PAY- i MENT OF SALARY, WAGES, RETIREMENT BENEFITS, WORKMEN'S COMPENSATION OR ANY OTHER EMPLOYEE BENEFITS TO ANY OFFICER, EMPLOYEE OR AGENT OF THE CITY ENGAGED I IN PROVIDING SERVICES TO COUNTY PURSUANT t TO THIS CONTRACT. i COUNTY AGREES TO DEFEND, HOLD HARMLESS 1I1 AND INDEMNIFY CITY OF NEWPORT BEACH f AGAINST ANY.CLAIM, LNoISUIT OR JUDGMENT FOR DAMAGES ARISING OUT OF CITY'S PERFORMANCE OF SERVICE DESCRIBED IN THIS CONTRACT REGARDLESS OF RESPONSIBILITY FOR NEGLIGENCE. COUNTY FURTHER AGREES TO PROVIDE COMPREHENSIVE LIABILITY INSURANCE COVERAGE FOR CITY'S BENEFIT WHILE PERFORMING SERVICES UNDER THIS I CONTRACT WITH MINIMUM COVERAGE IN THE I I R ICHANDLVR 1. BILLING INSTRUCTIONS PAGE I OF 2 Invoice County of orange and send invgiceS in duplicate to County Audltor-Conlrouer V.O. Box 567, Santa Ana, Calif. 92702 Inv "ices must be in DUPLICATE :eferencect to the order number and itemized quantities, descriolio. of merchandise, unit anti unit Pries. 2. Trfis order is S.bi.Cl to tn. conditions OO reverse Sid.. 3. Frei, ht Charges snail be prepaid and ddq.o to invoice, (Ref. Para. No, 12) 4. Addrncs Inquiries to Procurement Division P.O. Box 554 Santa Ana, Calif. 92702 ® 1 CERTIFY ORDINANCE 2717 HAS BEEN COMPLIED WITH PURCHASING AGENT BY BUYEkI: . BROWN PHONE: (714) 834 -3400• F 027040.8 1P1.I6Mi3(T6 ... . -. .. _, �..... _. _. _ _::..:... .::,,.. ' . ..� «...,�_�.� .4 gym. -ate. •. .,_ _.- nvs- �.4.«32:�.�� ._._..,____• —___ 1. Any correspondence referring to the terms, prices and conditions of this order must be directed to the Manager, Procurement Div- ision to the attention of the buyer. Inquires relative to non - payment of invoices should be forwarded to the Auditor - Controller. 2. Cash terms shall be predicated on the delivery date of the material as specified, or from date correct invoices are received in the office of the Auditor Controller if the latter date is later than the date of delivery. 3. No charges for transportation, containers, or any other purpose etc., will be allowed unless so specified in this order. 4. Tax: Unless otherwise definitely specified, the prices quoted herein do not include California State Sales or Use Tax 5. This order must be filled exactly as specified, no exceptions. Alternates or substitutes will not be accepted unless authorized in writing by the Purchasing Agent or his Manager, Procurement Division. Where quality is questioned on any delivery, any cost of inspection be. be against the account of the vendor. - 6. Delivery: Time of delivery as stated on this order must be adhered to. The following may applied to any late delivery: Liquidated Dama es.The parties agree that it is impracticable or extremely difficult to determine the actual damages to purchaser from late delivery of all or any portion of this order and that the following percentages of the price of the order or portion thereof derviered late shall be deducted from final payment as liquidated damages for such delay: -- County Working Days Late Percentage to be Deducted 1 to 2 inclusive _24_percent . 3 to 4 inclusive percent 4 to 5 inclusive _L percent 6-or—more - 10 percent Orders or portions thereof received more than five (5) County working days late shalt be subject to cancellation and re- turned to vendor at vendor's expense. This clause may be invoked at the sole option of the Purchasing Agent, or in his absence, the Manager, Procurement Division. Exceptions: Strikes and Acts of God: 7. a) Indemnification: The contractor shalt indemnify, - 'defend and hold harmless the County of Orange for any and all loss, liability, damages, claims or demands of employees, agents and,servants of the contractor or of all other persons arising out of and allegedly attributable to the negligence of the contractor, his agent's, servants or employees while in the course of performing the instant contract, or due to the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliance furnished or used under this- Purchase Order. b) Insurance: The contractor shall maintain insurance acceptable to the County of Orange -in -full force and effect at the contractor's expense throughout the term of this contract. - - c) Bonds: if required by "the Purchasing Agent the vendor shall provide a "Faithful Performance Bond" on all purchase orders or bids where the value of the merchandise or services to be. furnished amounts to $1,500.00 or more. Annual bond, in amounts as'required by the volume of.business, tvrll be acceptable- arsurety in lieu of the furnishingof surety with each individual transaction; however, any purchase order or bid amounting to.more than the amount of the Per- formance Bond in effect, shall be covered by supplementary surety. _ 8. Partial Deliveries: Both parties hereby agree that delivery shall be made in a single delivery, or as available; payment shall be made after acceptance of shipments by the County. g. In rase of default by the vendor of any of the conditions of this purchase order, the County of Orange may procure.the articles or services from other sources and may deduct from unpaid balance due the vendor or may collect against the bond or surety or may invoice the vendor for excess costs so paid, and the prices paid by,the County of Orange shall be considered the prevailing market price at the time such purchase is made. - -. 10. Non - Discrimination: In the performance of the terms of any contract resulting from this order, contractor or vendor agrees that he will not engage in nor permit such subcontractors where applicable as he'may employ from engaging in discrimination in employment of persons because of the race, color, sex, national origin or ancestry or religion of such persons. .. - . 11. Warranty: Unless otherwise specified on reverse side of this form, warranty on quoted equipment shall be one year de- fective parts and /or workmanship. (Compressors: four additional years). 12. Freight: Freight charges allowable pursuant to the terms FOB Point of Origin or FOB Destination plus. Freight shall be prepaid by the supplier and may be itemized on.the invoice, and a copy of the paid express or freight bill shall be attached to the invoice. COD shipments will not be accepted. 13. The vendor guarantees and agrees to indemnify, defend and hold harmless the Couitty of Orange against any or all loss, liability, damages, demands, claims or costs arising out of defective material and products, faulty work performance, negligent or unlawful acts, and non - compliance with any applicable local, state or Federal codes, ordinances, orders or statutes including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. This guarantee is in addition to and not intended as a limitation on any other warranty,.cpress or implied. 14. No assignment by the contractor of contract or any part hereof, or of funds to be received hereunder, will be recognized by the County unless such assignment has had prior written approval and consent of the County. 15. The County reserves the right to terminate the contract without penalty, without cause or with cause irnmedi- ate, 10 days after written notice thereof if delivered to the contractor either personally or by mail address- ed as shown on the Purchase Order Form. 1 F0642 -16.38 (2.5M) 6/74 CONTINUATION PURCHASE ORDER COUNTY OF ORANGE N0. X56919 AMOUNT OF $500 ..000 FOR DEATH OF OR INJURY TO MORE THAN ONE (1) PERSON.. $3000000 FOR DEATH OF OR INJURY TO ONE PERSON AND PROPERTY DAMAGE IN THE AMOUNT OF $100,000 FOR EACH ACCIDENT. CONTRACT MAY BE TERMINATED BY EITHER PARTY FOLLOWING THIRTY (30) DAYS WRITTEN NOTICE. THIS CONTRACT RENEWABLE UPON AGREEMENT OF BOTH PARTIES. PAYMENT TO BE MADE WITHIN THIRTY (30) DAYS OF RECEIPT OF WRITTEN INVOICE. SERVICE RATE: $3.59 PER MILE THE COUNTY WILL BE NOTIFIED IN WRITING. THIRTY (30) DAYS PRIOR TO RATE ADJUSTMENTS. A i c 4. PAGE 2 OF 2 VENDOR....,_ . Ea CITY OF NEWPORT BEACH CALIFORNIA DATE June 8s 1975 TO: FINANCE DIRECTOR FROM: City Clerk City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 SUBJECT: Contract No. 1717 Description of Contract Stnawt SmSmone At Onenaw fyt+atty Airpolk Authorized by Resolution No. 8473 , adopted on April 14, 1975 Effective date of Contract Prtroaetive to January 1, 1975 Contract with Qme Qmty Address 700 Civic Center rrive West Santa Ana, CA 92701 Amount of Contract 8ee emtr ct city clerk , June 5, 1975 General Services Department Contract with Orange County for Street Sweeping at Orange County Airport C -1717 Attached is a copy of the executed agreement with Orange County for your files. This agreement was authorised by the City Council on April 14, 1975 by the adoption of Resolution No. 8473. Laura Lagios City Clerk swk enc. `V 6 0 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May 27, 1975 ✓UN a " I• IN RE: JOINT EXERCISE OF POWERS AGREEMENT .RATE INCREASE FOR STREET SERVICE CONTRACT ORANGE COUNTY AIRPORT CITY OF NEWPORT BEACH' On motion of Supervisor Schmit, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are author- ized to sign the Joint Exercise of Powers Agreement, dated May 27, 1975, between the County of Orange and the City of Newport Beach, providing for street sweeping services at the Orange County Airport. The Clerk of the Board is instructed to forward copies of said agreement to interested County Departments and to the City of Newport Beach. The County Auditor - Controller is authorized to make payment to the City of Newport Beach at the rate of $3.31 per curb mile retroactive to January 1, 1975, on receipt of invoice, as recommended by the County Purchasing Agent in his letter dated May 20, 1975. IN RE: AGREEMENT TENTATIVE PARCEL MAP NO. 1528 BAINBRIDGE On motion of Supervisor Schmit, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are auth- orized to sign the agreement dated May 27, 1975, between the County of Orange and Melvin Bainbridge and Lois Bainbridge, guaranteeing construc- tion of private road improvements in compliance with conditions of approval of Tentative Parcel Map No. 1528 located southeasterly of the intersection of Barrett Lane and Bonita Heights Drive. Bond No. 400 EE 2721 in the sum of $2,100.00 to guarantee construction of said improvements with Melvin Bainbridge and Lois Bainbridge, as Principal, and St. Paul Fire and Marine Insurance Company, as Surety, is approved. F 1013 -2.2 L.% 17 PLEASE RETURN TO, • • W "'LAURA J.AGIOS, CITY CLERK + CITY OF NEWPORT BEACH 33.00 NEWPOU BOULEVARD `'1lO5;T LEACH, CALIF. 92660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J � QZ; 15 w0� ;W 16 LL J 0 Z 2 0 Q 00 17 18 19' 20 21 22 23 24 25 26 27 28 29 30 31 32 TED: sci� 3/25/75` F 2 0 JOINT EXERCISE OF POWERS AGREEMENT PROVIDING FOR STREET SWEEPING AT THE ORANGE COUNTY AIRPORT THIS AGREEMENT, made and entered into this 1st day of .January, 1975, by and between the CITY OF NEVTPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and the COUNTY OF ORANGE, a body corporate and politic, hereinafter referred to as "County." W I T N E S S E T H: WHEREAS, the County requires certain street sweeping services at the Orange County Airport; and WHEREAS, the City presently has the required personnel and equipment and does sweep streets in the vicinity of the Orange County Airport; and WHEREAS, the County desires to contract with the City for such street sweeping services; and WHEREAS, the provisions of Title 1, Division 7, Chapter 5, Article 1 of the California Government Code, entitled "Joint Exercise of Powers Agreements," authorize two or more public agencies to ;ointly exercise any power common to the contracting parties; NOW, THEREFORE, the parties agree as follows: 1. The City agrees to furnish street sweeping services to the County by sweeping once a week approximately four curb miles of roadway along Airport Way North, Loop Road, and Airport Wav South. 2. The scheduling of the service to be provided shall be agreed upon by the City General Services Director and the County Director of Aviation, who are hereby designated the administrators of this Agreement by the City and County, respectively. 3. The County agrees to pay the City for the services pro- vided at the rate of three dollars and thirty -one cents 1 per curb mile per sweeping. 4. The County Auditor - Controller shall pay the City for i 1 2 3 4 5 6 7' 8 9. 10 11 12 13 14 W W H oZ"; 15 �o W0u W > 16 W W O O=ff 0 w 17 W 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 services performed within thirty (30) days following receipt of a written invoice by the County. 5. This Agreement shall remain in effect until terminated by either party following thirty (30) days' written notice. 6. The County by entering into this Agreement assumes no liability for the payment of salary, wages, retirement benefits, work- men's compensation or any other employee benefits to any officer, employee or agent of the City engaged in providing services to County pursuant to this Agreement. 7. County agrees to defend, hold harmless and indemnify City against any claim, lawsuit or judgment for damages arising out of City's performance of the services provided for in this Agreement regardless of responsibility for negligence. County further agrees to provide comprehensive liability insurance coverage for City's benefit while performing services under this Agreement with minimum coverage in the amount of $500,000 for death of or injury to more than one person, $300,000 for death of or injury to one person and property damage in the amount of $100,000 for each accident. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized upon the dates set forth opposite their respective signatures. DATED: 1975. CITY OF NE? +PORT BEACH, a municipal corpo t.' n ^, By j � -�'- Mayor t ATTEST: � 44 City Cl� c Fm921.2 II 2. "CITY" I� li I I M11 11 2 3 4 5 6 7 8 9 10 11 12 14 w� LLB= 15 03, w00 w 16 4 0 Ohs 610 17 u 19 20 21 22 23 24 25 26 27 28 29 30 31 32 F 0192 1,2 K ' DATED: �, 1975 APPROVE . .Robert J. Bresnahan Director of Aviation Purchasing A 6 Approved as o accounting only: eim - - Controller APPROVED AS TO FORi4: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, ALIFORNIA By Z(� Deputy. COUNTY OF ORANGE, a body corporate and p tic By 4,j� o.*_ 5unervisorsl ATTEST: William E. St John County Clerk and ex- officio Clerk of the Board of Supervisors of Orange Cou ty, California BV�i.<irl,t� 1% Deputy "COUNTY" 3. it April 30, 2975 Hr. William E. St. John County Clerk 700 Civic Center Drive West Santa Ana, California 92701 Subject: Joint Exercise of Ptaers Agreement Providing for Strut Sweeping at the Orange County Airport inclosed are the original and two copies of subject agreanent for approval and execution by the Hoard of Supervisors. After the County has signed the agreement, Please return a fully executed copy to my office for inclusion in our records. Laura Lagios, CMC city cleric LL-.dm Enclosures cc: General. Services Deparbont I RESOLUTION NO. R 47 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH .STREET SWEEPING SERVICES AT THE ORANGE COUNTY AIRPORT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the County of Orange in connection with street sweeping services at the Orange County Airport; and WHEREAS, the City Council has considered the terms and conditions of said agreement, and found them to be fair and equitable and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th day of April ATTEST: City Clerk I . Mayor