HomeMy WebLinkAbout1PCity Council Staff Report
April 8, 2021 --Page 2
Approve I FB 21-04 Contract
On April 1, 2015, Council awarded a contract services agreement to SoCal Land
Maintenance, Inc., for roadside maintenance services for an estimated monthly amount
of $6,751.67, not to exceed $81,020.00 per year for three years with two one-year
extensions upon mutual consent of City and So Cal Land Maintenance, Inc.
On July 6, 2016 Council approved Amendment No. 1 on the existing agreement, for an
additional $93,705 for a separate maintenance crew to solely focus on transient camp
clean up and shopping cart removal from SoCal Land Maintenance, Inc. for an annual
contract sum of $174,725.
The contract was due to expire on April 21, 2020, but due to the impacts of the COVID
Pandemic staff deferred the issuance of an Invitation for Bids (IFB) in an effort to solicit
and receive competitive bids, and amended So Cal's Agreement to extend their term
through October 21, 2020.
On September 23, _2020, the City issued IFB 20-01, for Roadside and Transient
Maintenance services, only received one response. The responsive bid $298,525,
exceeded the budgeted amount by approximately $125,000. Due to budget constraints
staff recommended Council reject the bid, and authorize staff to re-bid a revised and
reduced scope of work, and extended the existing contract an additional six (6) months
through April 21, 2021.
STAFF ANALYSIS:
A Notice Inviting Bids was posted on City's website and the bid documents were made
available, free of charge, to all prospective bidders. Additionally, staff issued through our
purchasing software notification of the IFB to registered vendors. On March 30, 2021, at
3:00 p.m., the Procurement and Contracting Division received three bids from the
following vendors listed in Table 1:
Vendor
So Cal Land Maintenance, Inc.
PS Tree Service and Maintenance
DBi Services, Inc.
Bid
$222,687
$560,588
$779,948
Staff recommends approval of a Contract Services Agreement with So Cal Land
Maintenance effective April 22, 2021, for an initial term through June 30, 2024 at an
annual cost of $222,687 subject to two one-year optional extensions at mutual consent
of the parties.
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ATTACHMENT 1
4
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related
entity
EXAMPLE
JANE DOE 50%ABC COMPANY. Inc.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
A.
f{. 6-'uts--€ ~( % 'So~~~~~ S'ter~
(name of owner/investor] [percentage of beneficial interest in entity
•. ()f.r and name of entity]
. ~ -
t~~ :Slfu~oU.W~t~
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of' owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity)
E.
[name of owner/investor) (percentage of beneficial interest in entity
and name of entity)
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
32
6
ATTACHMENT 2
7
CONTRACT SERVICES AGREEMENT
ROADSIDE AND TRANSIENT MAINTENANCE
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on
______ , 2021, by and between the City of Palm Springs, a California charter city and municipal
corporation ("City"), and So Cal Land Maintenance Inc., a California Corporation, ("'Contractor"'). City
and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".
RECITALS
A. City requires the services of roadside and transient maintenance for the cleanup
and removal of transient camps through the City, ("Project").
8. Contractor has submitted to City a proposal to provide roadside and transient maintenance,
to City under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation, and
expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Contractor to provide such contract services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and
conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit
'·A" (the "Services" or "Work"), which is attached and incorporated herein by this reference. As a material
inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is
a provider of first class work and contract services and that Contractor is · experienced in performing the
Work contemplated and, in light of such status and experience, Contractor covenants that it shall perform
the the Work in a competent, professional, and satisfactory manner consistent with the level of care and
skill ordinarily exercised by high quality, experienced, and well qualified members of the profession
currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following:
( 1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, ( 4) the Contractor's
signed, original proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the
'·Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both
attached as Exhibits "'B" and "C", respectively, are incorporated herein by this reference and are made a
part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of
the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on
the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or
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inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be
determined in the following order of priority: (I st) the provisions of the Scope of Services (Exhibit "A");
(2 nd ) the provisions of the City's Request for Proposal (Exhibit "B"); (3 rd ) the terms of this Agreement; and,
( 4th ) the provisions of the Contractor's Proposal (Exhibit "C").
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed
in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and
regulations. Contractor shall be liable for all violations of such laws and regulations in connection with the
Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City
that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession and perform the Work and Services required by this Agreement.
Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect
at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally
required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the
sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and
Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against
any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest
extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that
Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has
carefully considered how the Services should be performed, and ( c) fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement. If the Services
involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should
the Contractor discover any latent or unknown conditions that will materially affect the performance of the
Services, Contractor shall immediately inform the City of such fact and shall not proceed except at
Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents,
plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for
all such damages, to persons or property, until acceptance of the Work by the City, except such losses or
damages as may be caused by City's own negligence.
1. 7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to
perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all
instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the
Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of
Services or make changes by altering, adding to, or deducting from such Work. No such extra work may
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be undertaken unless a written order is first given by the City to the Contractor, incorporating any
adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this
Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in
compensation ofup to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever
is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his
designee, as may be needed to perform any extra work. Any greater increases, occurring either separately
or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by
Contractor that the provisions of this section shall not apply to the services specifically set forth or
reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is
attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed
the maximum contract for the first three years of the contract amount of Six hundred Sixty eight thousand
sixty one Dollars, ($668,061.00) ("Maximum Contract Amount"), except as may be provided under Section
1.8. The method of compensation shall be as set forth in Exhibit "D". The method of compensation shall
be as set forth in Exhibit ·'D." Compensation for necessary expenditures for reproduction costs, telephone
expenses, and transportation expenses must be approved in advance by the Contract Officer designated
under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of
Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project
meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the
Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services
identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates,
that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall
not be applicable to the services identified in the Scope of Services. The maximum amount of city's
payment obligation under this section is the amount specified in this Agreement. If the City's maximum
payment obligation is reached before the Contractor's Services under this Agreement are completed,
Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract
Amount.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of
Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall
submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in
a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working
day of such month. Such requests shall be based upon the amount and value of the services performed by
Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred
and tasks performed during the period covered by the invoice, as may be required by the City. City shall
use reasonable efforts to make payments to Contractor within forty-five ( 45) days after receipt of the invoice
or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is
requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed
amendments, including, but not limited to, any additional fees. An amendment may be entered into:
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A. To provide for revisions or modifications to documents, work product, or work,
when required by the enactment or revision of any subsequent law; or
s.· To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are
not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time
for completion of the services to be performed by Contractor is an essential condition of this Agreement.
Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed
upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. Neither Party shall be
accountable for delays in performance caused by any condition beyond the reasonable control and without
the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional
compensation regardless of the Party responsible for the delay.
3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement
upon receipt of a written notice to proceed and shall perform all Services within the time period(s)
established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s)
specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such
extensions shall not exceed one hundred eighty ( 180) days cumulatively; however, the City shall not be
obligated to grant such an extension.
3.3 Force Maieure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the
Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure
Event shall mean an event that materially affects the Contractor's performance and is one or more of the
following: ( 1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts
of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and
unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required
for the Work); and ( 4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders
of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect
the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary
delay, and extend the time for performing the Services for the period of the enforced delay when and if, in
the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final
and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the
contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, the
work to be performed under this Contract consists of contract services to be performed with an initial term
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commencing on April 22, 2021 and continuing through June 30, 2024.
Upon mutual agreement the parties may renew this contract for an additional two (2), one (1) year
terms, as follows:
( 1) Option year one, if exercised, shall be effective July 1, 2024, through June 30, 2025.
(2) Option year two, if exercised, shall be effective July 1, 2025, through June 30, 2026.
except as otherwise provided in the Schedule of Performance described in Section 3.2 above.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any
time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due
to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the
period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of
termination, Contractor shall immediately cease all Services except such as may be specifically approved
by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to
receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice.
City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages
or compensation for termination of Work. Contractor may not terminate this Agreement except for cause,
upon thirty (30) days written notice to City.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is designated as
being the principal and representative of Contractor authorized to act in its behalf and make all decisions
with respect to the Services to be performed under this Agreement: Stephen H. Guise, President. It is
expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the
foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the
foregoing principal shall be responsible during the term of this Agreement for directing all activities of
Contractor and devoting sufficient time to personally supervise the Services performed hereunder. The
foregoing principal may not be changed by Contractor without prior written approval of the Contract
Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee
("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the
progress of the performance of the Services. Contractor shall refer any decisions that must be made by City
to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the
Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge,
education, capability, and ·reputation of Contractor, its principals and employees, were a substantial
inducement for City to enter into this Agreement. Contractor shall not contract with any other individual
or entity to perform any Services required under this Agreement without the City's express written approval.
In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions
making them subject to all provisions stipulated in this Agreement including without limitation the
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insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this
Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s)
in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create
any contractual relationships between any subcontractor and City. All persons e_ngaged in the Work will
be considered employees of Contractor. City will deal directly with and will make all payments to
Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred,
assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the
benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this
Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty
five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account
on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding,
this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor
from any liability under this Agreement without the express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is that of an
independent contractor, and nothing shall be deemed to make Contractor a City employee.
A. During the performance of this Agreement, Contractor and its officers, employees,
and agents shall act in an independent capacity and shall not act or represent themselves as City officers or
employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at
all ·times be under Contractor's exclusive direction and control. Neither City nor any of its officers,
employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or
agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not
maintain an office or any other type of fixed business location at City's offices. City shall have no voice
in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or
agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries,
and other amounts due its employees in connection with this Agreement and shall be responsible for all
reports and obligations respecting them, including but not limited to social security income tax withholding,
unemployment compensation, workers' compensation, and other similar matters. City shall not in any way
or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a
member of any joint enterprise with Contractor.
B. Contractor shall not have any authority to bind City in any manner. This includes
the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or agents
in connection with any performance under this Agreement. Except for contract fees paid to Contractor as
provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
the performance of Services under this Agreement. City shall not be liable for compensation or
indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of
performing Services. If for any reason any court or governmental agency determines that the City has
financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature
relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives,
subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
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A. Contractor is aware of the requirements of California Labor Code Sections 1720
et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the
Services are being performed as part of an applicable "public works" or "maintenance" project, as defined
by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000
or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply
with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment
of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and
1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Section 1777.1 ).
B. If the Services are being performed as part of an applicable "public works" or
"maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more
for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5
and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the
Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project
and require the same of any subcontractors, as applicable. This Agreement may also be subject to
compliance monitoring and enforcement by the Department oflndustrial Relations. It shall be Contractor's
sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense,
the insurance described herein. The insurance shall be for the duration of this Agreement and includes any
extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and
content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's
performance of Work under this Agreement, including Contractor's agents, representatives, or employees.
In the event the City Manager determines that the Work or Services to be performed under this Agreement
creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of
the insurance policies may be changed accordingly upon receipt of written notice from the City Manager
or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below
the levels specified in this Agreement. Except as otherwise authorized below for contract liability ( errors
and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis.
The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force
and effect throughout the term of this Agreement, standard industry form contract liability ( errors and
omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per
occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of
this section.
(1) Contractor shall either: (a) certify in writing to the City that Contractor is
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unaware of any contract liability claims made against Contractor and is unaware of any facts which may
lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a),
Contractor shall procure from the contract liability insurer an endorsement providing that the required limits
of the policy shall apply separately to claims arising from errors and omissions in the rendition of services
under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall
be continued in full force and effect at all times during the term of this Agreement, and for a period of three
(3) years from the date of the completion of the Services provided hereunder. In the event of termination
of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or
omissions of Contractor during the course of performing Services under the terms of this Agreement. The
coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate
extended "tail" coverage with the present or new carrier or other insurance arrangements providing for
complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the
policy shall be continued in full force and effect during the term of this Agreement, or until completion of
the Services provided for in this Agreement, whichever is later. In the event of termination of the policy
during this period, new coverage shall immediately be obtained to ensure coverage during the entire course
of performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation insurance in at least the
minimum statutory amounts, and in compliance with all other statutory requirements, as required by the
State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation
insurer waiving subrogation rights under its workers' compensation insurance policy against the City and
to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance
policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least one million dollars
($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property
damage including coverages for contractual liability, personal injury, independent contractors, broad form
property damage, products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of business automobile liability insurance written
on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00)
bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and
hired cars.
E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per
occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or
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disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager or his/her designee prior to commencing any work
or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured
retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and
the City Manager or his/her designee may require evidence of pending claims and claims history as well as
evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions
proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance
policies required of Contractor under this Agreement:
A. For any claims related to this Agreement, Contractor's coverage shall be primary
insurance with respect to the City and its officers, council members, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City and its officers, council members,
officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not
contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers, council members,
officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to each insured, including additional insureds, against
whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations shall limit the application of such
insurance coverage.
D. No required insurance coverages may include any limiting endorsement which
substantially impairs the coverages set forth in this Agreement ( e.g., elimination of contractual liability or
reduction of discovery period), unless the endorsement has first been submitted to the City Manager and
approved in writing.
E. Contractor agrees to require its insurer to modify insurance endorsements to delete
any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements
of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and
submittal of certificates without required endorsements may delay commencement of the Project. It is
Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided
in this Agreement.
F. Contractor agrees to ensure that subcontractors, and any other parties involved
with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum
insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged
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55575.18165\32899992.2
16
in the Project will be submitted to the City for review.
G. Contractor acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any
additional obligations on the City nor does it waive any rights in this or any other regard.
H. Contractor shall provide proof that policies of insurance required in this
Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior
to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage
shall be provided to City no later than ten ( I 0) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to
be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impair the provisions of this
section.
K. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the Work performed under this Agreement and for any other claim or loss which
may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation
or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential
claims.
L. Contractor agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of damages
resulting from the Contractor's activities or the activities of any person or person for which the Contractor
is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by insurers
admitted in the State of California with an A.M. Best's Key Rating ofB++, Class VII, or better, unless such
requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both certificates ofinsurance
and endorsements, including additional insured endorsements, affecting all of the coverages required by
this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Contractor's insurers to provide complete, certified
copies of all required insurance policies at any time. Additional insured endorsements are not required for
Errors and Omissions and Workers' Compensation policies.
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55575.18165\32899992.2
17
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto
Liability E~dorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements
stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional
insured ... " ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with
the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-insurance the
City may have ... " ("as respects City of Palm Springs Contract No._" or ''for any and all work performed
with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof,
the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as,
"endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers' Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and
volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder
on the policies. All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with authority to
bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the
required documents prior to the commencement of work shall not waive the Contractor's obligation to
provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor
shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected
officials, officers, employees, agents, and volunteers ( collectively the "Indemnified Parties"), from and
against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees
(collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons
(Contractor's employees included), for damage to property, including property owned by City, for any
violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or
incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers,
employees, representatives, and agents, that arise out of or relate to Contractor's performance of Services
or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful
misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits
set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability
under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier
termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified
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55575.18165 \32899992.2
18
are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such
action is final.
6.2 Design Contract Services Indemnification and Reimbursement. If
Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance
as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the
extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor's
indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate
to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services
or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction,
Contractor's liability for such claim, including the cost to defend, shall not exceed the Contractor's
proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of
all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep
such books and records as shall be necessary to properly perform the Services required by this Agreement
and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall
have full and free access to such books and records at all reasonable times, including the right to inspect,
copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the Services required by this Agreement, or as the Contract Officer
shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work to be
performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify
the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost of the
Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer
the estimated increased or decreased cost for the project being designed if Contractor becomes aware of
any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of
the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Contractor, its employees,
subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be
promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement.
Contractor shall have no claim for further employment or additional compensation as a result of the exercise
by City of its full rights of ownership of the documents and materials. Any use of such completed
documents for other projects and/or use of incomplete documents without specific written authorization by
the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify
the Contractor for all resulting damages. Contractor may retain copies of such documents for their own
use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement.
Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or
materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall
indemnify City for all resulting damages.
Revised: 5/1/2012
55575.18165 \32899992.2
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7.4 Release of Documents. All drawings, specifications, reports, records, documents, and
other materials prepared by Contractor in the performance of Services under this Agreement shall not be
released publicly without the prior written approval of the Contract Officer. All information gained by
Contractor in the performance of this Agreement shall be considered confidential and shall not be released
by Contractor without City's prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the
regular business hours of City, Contractor shall provide City, or other agents of City, such access to
Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy,
audit, and inspect all accounting books, records, work data, documents, and activities directly related to
Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and
documents in accordance with generally accepted accounting principles and shall clearly identify and make
such items readily accessible to such parties during the term of this Agreement and for a period of three (3)
years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as
to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal
actions concerning any dispute, claim, _or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Riverside, State of California, or any other appropriat~
court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Interpretation. This Agreement shall he construed as a whole according to its fair
language and common meaning to achieve the ohiectives and purposes of the Parties. The terms of
this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of
construction of contracts (including, without limitation, California Civil Code Section 1654) that
ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this
Agreement. The caption headings of the various sections and paragraphs of this Agreement are for
convenience and identification purposes only and shall not be deemed to limit, expand, or define the
contents of the respective sections or paragraphs.
8.3 Default of Contractor. Contractor's failure to comply with any provision of this
Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in default in the
performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing
of such default. Contractor shall have ten (10) days. or such longer period as City may designate, to cure
the default by rendering satisfactory performance. In the event Contractor fails to cure its default within
such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice of any remedy to which City may
be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs
incurred by City as a result of such default. Compliance with the provisions of this section shall not
constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided
that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5.
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55575.18165 \32899992.2
20
8. If termination is due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and
prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that
the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount
(provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any
payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated. The withholding or failure to withhold payments to Contractor shall not limit
Contractor's liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this
Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall
failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions,
or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner
or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the
exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other default by the
other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal
action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement.
8. 7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement
results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such
other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses.
These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees,
costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by
the City or for any amount which may become due to the Contractor or to its successor, or for breach of
any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has
or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any
agreement ofany kind with any such officer or employee during the term of this Agreement and for one (1)
year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any
third party any money or other consideration in exchange for obtaining this Agreement.
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21
9.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment because
of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of
origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender
identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis").
Contractor shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to
enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not limited to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Contractor is in full
compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without
limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in
lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or
otherwise:
A. It is agreed that Contractor shall defend at its expense any claim or suit against
City on account of any allegation that any item furnished under this Agreement, or the normal use or sale
arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent
or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim,
provided that Contractor is promptly notified in writing of the suit or claim and given authority, information
and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out
of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However,
Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable,
such that City's alteration of such deliverable created the infringement upon any presently existing U.S.
letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided
by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or
copyright.
B. Contractor shall have sole control of the defense of any such claim or suit and all
negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided,
however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify
City under any settlement that is made without Contractor's consent, which shall not be unreasonably
withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense
to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item
acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or
certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with
Revised: 5/1/20} 5
55575. l 8165 \32899992.2
22
attached evidence of completed transmission. All notices shall be deemed received upon the
earlier of (i) the date of delivery to the address of the person to receive such notice if delivered
personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting
by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice,
request, demand, direction, or other communication sent by facsimile must be confirmed within
forty-eight ( 48) hours by letter mailed or delivered. Other forms of electronic transmission such
as e-mails, text messages, and instant messages are not acceptable manners of notice required
hereunder. Notices or other communications shall be addressed as follows:
To City:
To Contractor:
City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
So Cal Land Maintenance, Inc.
2965 E. Coronado Street
Anaheim, CA 92806
Attention: Stephen Guise
Telephone: 714-231-1454
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the
Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding
unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in
such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall
be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such
provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the
reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so
material that its invalidity deprives either Party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of
the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may he expressly provided for in this Agreement,
nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as
conferring. any rights. including. without limitation. any rights as a third-party beneficiary or
otherwise. upon any entity or person not a party to this Agreement.
Revised: 5/1/2016
55575. l 8165 \32899992.2
23
t Q.7 Recitals, The above-referenced Recitals are hereby incorporated into the Agreement
as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party
is bound. for purposes of this Agreement. by the same,
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party
for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly
authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii)
by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions
of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other
Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
[SIGNATURES ON NEXT PAGE]
Revised: 5/1/2017
55575. I 8165 \32899992.2
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND SO CAL LAND MAINTENANCE, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs
Date: -----------By: __________ _
David H. Ready, PhD
City Manager
APPROVED AS TO FORM: ATTEST
By: _________ _ By: __________ _
Jeffrey S. Ballinger Anthony Mejia
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: ___ Agreement No. __
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or
any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.
CONTRACTOR NAME:
Check one: _ Individual _ Partnership_ Corporation
Address
By _____________ By _____________ _
Signature (Notarized) Signature (Notarized)
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55575. I 8165 \32899992.2
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EXHIBIT "A"
SCOPE OF SERVICES
PURPOSE, SCOPE OF WORK, AND SPECIAL CONDITIONS:
A. SCOPE OF WORK: Assist the City's Contract Administrator or their designee, and the Palm Springs
Police Department with cleanup and removal of transient camps throughout the City, retrieval of
abandoned shopping carts, removal of items and debris dumped within the City limits, and maintain
seven (7) assigned street routes located within the City of Palm Springs by policing and litter pick-up
to include the removal of paper, glass, trash, vegetation, and other accumulated debris from City
streets, storm drains and right-of-ways. Right-of-ways is defined as begin 10 feet from the centerline
of road to the road edge in both directions. All routes should be completed one times each, during
each ten (10) business day work period. Perform a city-wide palm frond, tree limb and sand route
when directed by the City's Contract Administrator. The City of Palm Springs, does not allow the use
of Glysophates for weed abatement. All products used within city limits, must be non-toxic.
During normal work hours, respond within thirty (30) minutes to telephone requests from the City's
Contract Administrator or designee to remove debris or vegetation that is located in the streets or
right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel and oil spills, downed
trees or limbs, vegetation, and rain and wind storms, transient camp cleanup (trash bedding and other
personal effects) as directed by City's Contract Administrator. The Contractor must be prepared to
respond to changing work assignments. (Example: being contacted to stop in the middle of a project
or task and redirected to respond to a request by the Contract Administrator, or their designee, to pick
up an abandoned mattress or appliance, etc., and then immediately return to the previous
assignment.)
Contractor shall maintain a log sheet of daily activities, hours worked and the specific locations of all
work activities, which will be turned into the City's Contract Administrator (log sheet will be provided
by the Contract Administrator) at the end of each work shift. All activities, tasks and duties performed
shall be entered into the City's work order system by Contractor throughout the day, as tasks are
completed and GIS locations provided when possible. Contractor shall provide smart phone, tablet, or
similar device capable of entering, viewing, printing, processing and completing work orders. A cell
phone number, for all Supervisors and Lead Workers is required, as well as full list of Contractors
personnel available for emergency after-hours needs, shall be provided on a quarterly basis.
Supervisor and Lead Worker must be equipped with electric devices capable of receiving work orders,
photos and texts issued by the Contract Administrator.
B. WORK HOURS: Regular work hours consist of 8:00 A.M. to 3:30 P.M. Sunday through Saturday,
unless otherwise modified by Contract Administrator or their designee. Any hours worked other than
the regularly scheduled hours are considered "emergency call-out" hours, and will be scheduled only
at the direction of the Contract Administrator.
Contractor has the right to modify the regular work hours/days upon 30 days written notice and
approval by the Contract Administrator; however, regular work hours will not exceed 8 hours per day
or 40 hours per week, per employee.
Emergency call-out hours may be necessary in the case of downed trees, storm debris in right-or-
ways, or any condition endangering the safety of the public. The Contractor must respond to an
emergency call-out within one (1) hour. Hours worked on an emergency basis will be logged on a City
provided 'Emergency over time' form, and will~ attached on the Contractor's invoice as "emergency
27
call-out hours".
Contractor shall make Lead Workers available for a weekly meeting with City Contract Administrator
and/or designee. Supervisor and/or Area Manager for Contractor shall be available for quarterly
meetings with City Contractor Administrator and/or designee.
Except in the case of an emergency call-out, there will be no work scheduled on days that the City is
closed for holidays: New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas
Eve, and Christmas Day.
C. PERSONNEL: Roadside Maintenance Crews shall consist of a minimum of a two-person crew with
personnel capable of lifting up to 100 lbs. in weight each. Supervisor's and Lead Workers must be
able to understand, read, and write English, possess an appropriate valid California Driver's License,
~nd copies of valid California state driver's licenses shall be provided to the City Contract Administrator
annually. Any new employees that are tasked with driving as part of their duties, must provide proof
of a valid California state driver's license within 48 hours of their first scheduled shift. One of the
crewmembers will be designated as a 'Lead Worker' for each shift and will be the primary point of
contact to receive and implement instructions. To provide for continuity, rotation of individuals
assigned to this program must be held to a minimum. All employees must have a working knowledge
of how to use the equipment listed below.
D. MINIMUM EQUIPMENT NEEDED: Contractors are expected to own and include in pricing all hand
tools, hand trucks, "Hudson style" compression sprayers, boom trucks, bobcats, trucks, and any other
equipment necessary to provide the services required by this scope of work. The City will not pay
additional equipment fees or rentals.
All vehicles must be Heavy Duty four-wheel drive vehicles equipped with flashing arrow signs (FAS),
and caution beacons. A hauling bed or pull trailer with a capacity no less than 14 feet long, six feet
wide, with side boards at least five feet high is required. Anticipated mileage is in excess of 2,000
miles per month per vehicle.
Small hand tools including but not limited to: loppers, clippers, hand saws, chainsaws, rakes, brooms,
shovels, pitch forks, weed-eaters, hoes, wheel barrows and all employee safety and personal
protective equipment, are to be provided by Contractor at all times. Leaf blowers must be battery
powered. The City of Palm Springs has banned all gas powered leaf blowers and violators will
be fined.
Contractor is responsible for all traffic control and must meet CalTrans standards and practices. Each
vehicle shall carry adequate traffic control devices such as cones, roadwork signs on barricades and
delineators to perform assigned tasks. A minimum of 25 cones with reflective sleeves, 2 Road Work
Ahead signs (36" x 36") on barricades and 2 Lane Closed Ahead (36" x 36") signs on barricades are
required for each truck. Reflective roll up signs that are 48" x 48" with stands are acceptable.
Minimal required Personal Protective Equipment needed, but not limited too: Class 2 Safety Vests,
puncture proof disposable gloves, leather work gloves, reinforced work boots, safety glasses/goggles,
face shields, dust masks, face coverings, headwear for sun protection, rain gear and appropriate
hearing protection. Contractor shall provide documentation for all employee attended safety meetings
and bi-annual IMSA CAL-TRANS standard 'Work Zone Temporary Traffic Control' certifications for
Lead Workers and Supervisors.
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E. WASTE DISPOSAL: The City will be responsible for disposal of waste material collected by the
Contractor and no fee should be included in the bid for dump fees. The Contractor will be responsible
for sorting of material into the proper bins provided at the City Corporate Yard, located at 425 North
Civic Drive, Palm Springs. Contractor shall be provided 2 City issued access badges to access the
Corporate Yard. Any lost or damaged badges must be reported immediately to City Contractor
Administrator and may result in a $15.00 per badge replacement fee. Should the Contractor fail to
dump the collected materials into the proper bins, Contractor will be responsible for payment of dump
fees for the contaminated bin and repeat offenses could result in the Contractor becoming responsible
for their own disposal arrangements, or termination of the Contract.
F. STORAGE FACILITIES: The City shall not provide any storage facilities for the Contractor. The City's
Corporate Yard located at 425 N. Civic Drive is a secure facility, and shall not be used by the
Contractor. The Contractor shall be responsible for obtaining an appropriate administrative office,
storage yard, and secure parking lot for its equipment and vehicles. The location of its facility shall be
within the City of Palm Springs, subject to the approval of the City.
G. PARKING: 1) During the Contractor's daily operations and completion of the Work, the Contractor
shall park their vehicles and equipment within designated public parking areas or work zones, in
accordance with local and state laws, maintaining clear travel lanes for vehicular traffic. Overnight
parking of the Contractor's vehicles and equipment shall be located within the Contractor's own
secured storage facility, and not within any City facilities or public parking lots.
2) The Contractor's vehicles and equipment shall not be parked or set in such a manner that they
block pedestrian access or vehicular right-of-way except as required to comply with all safety
standards of OSHA or CAL-OSHA.
H. VEHICLES: The Contractor's vehicles used in performance of the services required hereunder shall
be maintained in first class condition. Upon commencement of the services, the Contractor shall
furnish and apply an appropriate logo on all vehicles to be used within the City identifying the
Contractor's company name. The logo shall be prepared by the Contractor and submitted to the City
for approval prior to use.
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' . ..
...
Roadside Maintenance Routes
Street
Route1
Palm Canyon Dr
Gateway Dr
Rose Parks Rd
TramviewRd
Route 2
VtstaChino
El Mirador
Tachevah Dr
Amado Rd
Baristo Rd
Route3
Ramon Rd
Crossley Rd
EJ Cielo Rd
Ramon Rd
Ramon Rd
Mesquite Ave
San Luis Rey
Sunny Dunes Rd
Camino Paroa31la
Indian Springs
Rio Blanco
Public Rd
Vella Rd. (west side)
-Route4
S. Palm Canyon Dr
Belardo Rd
Sunny Dunes Rd
Alejo Rd
Mesquite Ave
Bogert Trail
LaVemeWay
From
Vista Chino
Highway 111
Indian Canyon Dr
Indian Canyon Dr
Gene Autry Trail
Ave Caballeros
Ave Cabafleros
Calle El Segundo
EICielo Rd
To
Gene Autry Traif
Rosa Parks Rd
Gateway Dr
West End
Whitewater Wash
sunrise Way
Sunrise Way
Sunrise Way
Farrell Dr
La Mirada Belardo Rd
Ramon Rd Avenue 34
Escoba Rd & Bike path Sonny Dunes Rd
El Cielo (incl. medians) San Luis Rey
San Luis Rey (so. Side) Ramon Bridge
Vella Rd City Limit
Mesquite Ave Ramon Rd
Gene Autry Trail Crossley Rd
San Luis Rey Gene Autry Trail
Crossley Rd Rio Blanco
Indian Springs San Luis Rey
Sunny Dunes Rd Camino Parocella
Sunny Dunes Rd Mesquite Ave
E. Palm Canyon Dr
Alejo Rd
S.Palm Canyon Dr
PS lntemtnt Airport
S. Palm Canyon Dr
S. Palm Canyon Dr ·
Camino Real (S. side)
23
South End
Sunny Dunes Rd
Belardo Rd
Vine Rd
West End
Andreas Hills
Calle Palo Fierro
30
DRAIN EASEMENTS
DESERT WAY & LAS PAMPAS WAY1 NORTH SIDE OF INTERSECTION
NORTH END OF ORCHID TREE
NORTH END OF BURTON WAY
NORTH END OF SUNSET WAY
EAST END OF CALLE CONJERA
EAST END OF CALLE PAPAGAYO
QUINCY WAY, SOUTH SIDE OF STREET
MESQUITE & CERRITOS) NORTH SIDE OF INTERSECTION
PEBBLE BEACH & LAKESIDE DRIVE, SOUTH SIDE OF INTERSECTION
PASEO CAROLETA & CALLE PAUL, EAST SIDE OF INTERSECTION
ARNICO & NORLOTI, EAST SIDE OF INTERSECTION
EASEMENT THAT RUNS NORTH TO SOUTH FROM ViSTA CHINO TO EL
CONQUISTADOR
MESQUITE & COMPADRE, NORTH SIDE, FROM STREET TO END OF CEMENT
FEY NORTE TO CHIA OFF OF VISTA CHINO
CALET A WAY EAST OF HERMOSA EAST END
JULIAN & JUANlT A
25
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35
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EXHIBIT "B"
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NOTICE INVITING BIDS IFB 21-04 RE-BID
TO PROVIDE ROADSIDE AND TRANSIENT MAINTENANCE
BID DUE DATE: TUESDAY, MARCH 30, 2021-3:00 P.M.
NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified
contractors to:
Roadside and Transient Maintenance
Provide roadside maintenance cleanup and removal of transient camps throughout the City, retrieval of
abandoned shopping carts, removal of items and debris dumped within the City limits, and maintain seven
(7) assigned street routes located within the City of Palm Springs by policing and litter pick-up to include
the removal of paper, glass, trash, vegetation, and other accumulated debris from City streets, storm drains
and right-of-ways.
Bids will be received until TUESDAY, March 30. 2021 at 3:00 P.M., local time at the Office of Procurement
and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be
publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is
made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand
delivered or mailed to the address above.
Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed
form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the
amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Work
is awarded fail to furnish the required proof of insurance and enter into a Purchase Order Contract with the
City within the period of time provided by the IFB's requirements
The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical
defect in a bid.
The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of
Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that
any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by
the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the
Bidder unopened.
Availability of Documents: Bid Documents and Specifications may be obtained from the Procurement
Office by calling (760) 322-8374 or via the Internet at the following address: http://www.palmspringsca.gov
click on "Government", "Departments" and go to "Procurement", "Open Bids".
NOTE: If you downloaded this bid via the internet at the address above, contact Leigh Gileno, Procurement
& Contracting Manager -Acting, via email at Leigh.Gileno@palmspringsca.gov to be placed on the bidders
list for this specific project and provide your company name, contact person, contact email address, office
address, office phone and alternate phone (mobile). Failure to be placed on the bidders list as stated above
may result in not receiving addenda to the IFB. *Note -Being placed on the vendor list for this specific
project is a separate process and not the same as registering online in our general vendor database.
Leigh Gileno
Procurement & Contracting Manager, Acting
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INVITATION FOR BIDS RE-BID (IFB 21-04)
BIDDER'S CHECK LIST
INSTRUCTIONS JO BIDDER:
GENERAL:
Bidders are advised that notwithstanding any instructions or inferences elsewhere in this
Invitation for Bid, only the documents shown and detailed on this sheet need be submitted with and
made part of their Bid. Other documents may be required to be submitted after Bid time, but prior
to award. Bidders are hereby advised that failure to submit the documents shown and detailed on
this sheet MAY RENDER THE BID NON-RESPONSIVE.
II REQUIRED DOCUMENTS FOR BID:
Bids MAY NOT BE CONSIDERED if the following documents and/or attachments are not
completely filled out and submitted with the Bid.
NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED.
_x_ Attachment "A" Signature Authorization Page, Page 27 must be signed.
_x_ Attachment "B" Conflict of Interest & Non-Discrimination Certification, Page 28 must be
signed.
_x_ Attachment "C" Public Integrity Disclosure Applicant Disclosure Form, Page 32 must be
signed.
_x_ Bid Proposal page 35, must be manually signed.
_x_ Erasures or other changes made to the Bid Proposal Pages must be initialed by the person
signing the Bid.
_x_ References form, page 36, must be completed.
_x_ Affidavit of Non-collusion by Contractor form, page 37, must be manually signed and
countersigned by a Notary Public.
_x_ All Addenda issued shall be acknowledged in the space provided on Attachment "A", page
27. Failure to acknowledge all Addenda may render your Bid non-responsive.
_L Deviations from Specifications: It is understood that the product offered by the Bidder will
meet all requirements of the Specifications in this Invitation for Bids, unless deviations there
from are clearly indicated in an attachment headed "Deviations from Specifications" submitted
and signed by the Bidder's authorized representative. In order for the Bid to be considered,
an explanation must be made for each item in which a deviation is indicated, giving in detail
the extent of, and reason for, the deviation. The City shall determine if a deviation is
acceptable or not.
_x_ Bidder shall submit with their bid full descriptive data, including product specifications, general
drawings (if applicable), brochures, and any other information on the material proposed in this
Invitation and as requested in the detailed Specifications.
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CITY OF PALM SPRINGS
IFB 21-04
ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
TERMS AND CONDITIONS
1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a
sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number, time and
date of opening.
2. Bids submitted may be withdrawn by written request received before the hour set for the opening.
After that time, Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no
time after award of Bid.
3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder
or to reject all bids, as it may best serve the interests of the City. Furthermore, the City reserves the
right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time,
agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform
such an agreement satisfactorily.
4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect
in a Bid, as it may best serve the interests of the City. The City also reserves the right to make
such investigations as it deems necessary to determine the ability of the Bidder to perform the Work
and the Bidder shall furnish to the City all such information and data for this purpose as the City
may request. The City reserves the right to reject any Bid if the evidence submitted by or
investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out
the obligations in the bid documents and to complete the Work contemplated therein.
5. The decision of the Palm Springs City Council, or their designee if applicable, will be final. It is
anticipated that City Council, or designee if applicable, will award the bid at their regularly scheduled
meeting following the closing date for receipt of bids.
6. Bidder's signed bid and written acceptance by the City (purchase order) shall constitute an
agreement.
7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the
terms and conditions set forth in all of the pages which make up this Invitation For Bid.
8. The price quoted by the Bidder in his/her bid shall include any and all applicable sales or use tax
levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise
Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any
other acts of Congress.
9. Bidders may submit.2.D.b£ ONE (1) bid in response to this IFB. You many NOT submit multiple
bids.
10. When discrepancies occur between unit prices and extended amounts the unit prices shall
govern.
11. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and
sworn before a Notary Public.
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12. QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf
are specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
this I FB other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a Bid. No questions shall be answered via an addendum until
after the walk through.
Atta:: questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted
1li WRITING and directed ONLY to;
Leigh Gileno -Procurement & Contracting Manager, Acting
Procurement & Contracting Dept.
3200 E. Tahquitz Canyon Way, Palm Springs CA 92263
Or E-mailed to: Leigh.Gileno@palmspringsca.gov
Or Faxed to: (760) 323-8238
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the IFB. The deadline for all questions is
3:oop.M .. Local Time. Tuesday. March 23, 2021. Questions received after this date and
time may not be answered. Only questions that have been resolved by formal written Addenda
via the Division of Procurement and Contracting will be binding. Oral and other interpretations
or clarifications will be without legal or contractual effect.
PLEASE NOTE THAT PALM SPRINGS CIJY HALL 1s CLOSED EVERY FRIDAY AND
THEREFORE IS NOT ABLE JO ACCEPT, JIME OR DATE STAMP ANY SUBMIJTALS/BIPS ON
fRIPAYS {OR WEEKENDS). PLEASE JAKE THIS INTO CONSIDERATION WHEN
DELIVERING A SUBMIJJAL/BID BY JHE PYE PATE AND TIME AS DEFINED IN THIS
DOCUMENT,
13. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a
Notice of Award letter and/or Purchase Order will be issued to the successful Bidder. The
successful Bidder shall provide all Certificates of Insurance, Bonds, if required, within fourteen
(14) calendar days.
14. Business License: The successful bidder will be required to be licensed in accordance with
the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through
3.96, entitled "Business Tax". Awarded vendor must submit copy of City of Palm Springs
Business license with their signed contract.
15. The Bidder agrees that the City has the right to make the final determination as to whether
the materials has been satisfactorily delivered, installed and meets the acceptance criteria as
defined in the Bid documents.
16. Performance: Time is of the essence in the performance of the work. Performance schedule
may be a factor in award of bid and may be cause for rejection, as determined by the City.
17. Termination for Default: The City may, by written notice of default to the vendor, terminate
any resulting order in whole or in part should the vendor fail to make satisfactory progress,
fail to deliver within time specified therein or fail to deliver in strict conformance to
specifications and requirements set forth therein. In the event of such termination, the City
reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting
vendor shall be liable for the difference between the prices set forth in the terminated order
and the actual cost thereof to the City. The prevailing market price shall be considered the
fair repurchase price, If, after notice of !ffmination of this contract under the provisions of this
48
clause, it's determined for any reason that the Contractor was not in default under the provisions
of this clause, the rights and obligations of the parties shall be the same as if the notice of
termination had been issued pursuant 'to the Termination for Convenience clause. The rights
and remedies of City provided in this article shall not be exclusive and are in addition to any
other rights and remedies provided by law or under resulting order.
18. Termination for Convenience: The City may, by written notice stating the extent and
effective date terminate any resulting order for convenience in whole or in part, at any time. The
City shall pay the vendor as full compensation for performance until such termination the unit or
pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of
termination, not otherwise recoverable from other sources by the vendor as approved by the
City, with respect to the undelivered or unaccepted portion of the order, provided compensation
hereunder shall in no event exceed the total price. In no event shall the City be liable for any
loss of profits on the resulting order or portion thereof so terminated. The rights and remedies
of City provided in this article shall not be exclusive and are in addition to any other rights and
remedies provided by law or under resulting order.
19. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end
is contingent upon the availability of funding from which payment can be made. No legal
liability shall arise for payment beyond June 30 of the calendar year unless funds are made
available for such performance.
20. Affidavit of Non-Collusion and References: Bidders are required to file an Affidavit of
Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public
with a commission in the State of California. Bidders are also required to provide
References. The forms are included in the Bid package as "Exhibits A and B".
21. Bidder Responsibility: The City of Palm Springs reserves the right to reject the Bid of any
Bidder who previously failed to perform properly, or complete on time, agreements of similar
nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement
satisfactorily.
22. Governing Law: This contract shall be construed and interpreted according to the laws of
the State of California.
23. Bid Bond: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's
bond on the prescribed form and made payable to the City of Palm Springs for an amount
equal to at least ten percent (10%) of the amount Bid (maximum award value of lump sum total).
Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish
the required proof of insurance, bonds and enter into a Purchase Order Contract with the City
within the period of time provided by the IFB's requirements.
24. Performance Bond and Insurance: The requirements of a performance bond have been
waived for this project. The suooessful Bidder shall furnish within 14 oalendar days after Notioe
of A>.vard, a Performanoe Bond in the sum of the amount of the Agreement. The suooessful
Bidder shall maintain the validity and enforoement of said bond for the duration of the Contrast.
Also, the suooessful Bidder shall furnish within 14 oalendar days after ~Jotioe of /\N1ard
oertifioates of lnsuranoe as per the instructions oontained herein.
25. Payment Bond: Payment/Labor and Materials Bond: The successful Bidder shall furnish
within 14 calendar days after Notice of Award, a Payment/Labor and Materials Bond in the sum
of twenty-five thousand dollars ($25,000.00). The successful Bidder shall maintain the validity
and enforcement of said bond for the duration of the Contract.
26. Local Preference: Pursuant to the City of Palm Springs Local Preference Ordinance 1756,
the term "Local Business" is defined as a vendor, contractor, or Consultant who has a valid
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physical business address located within the Coachella Valley, at least six months prior to bid
or bid opening date, from which the vendor, contractor, or consultant operates or performs
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in
the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the
south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes
the cities of Beaumont and Banning and the unincorporated areas between Banning and the
City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose
of establishing such physical address.
In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided
in Ordinance No. 1756, the City may give a preference to Local Businesses in making
such purchase or awarding such contract in an amount not to exceed five (5%) percent of the
Local Business' total bid price, or $15,000, whichever amount is lower. Total bid price shall
include only the base bid price but also adjustments to that base bid price resulting from
alternates requested in the Solicitation. In order for a Local Business to be eligible to claim
the preference, the business MUST request the preference in the Solicitation response (see
cost proposal pages) and provide a copy of its current business license from a jurisdiction in
the Coachella Valley.
27. Payment Terms -The standard terms at the City of Palm Springs are Net 30 days.
28. It is understood that the services offered by the Bidder will meet all requirements of
the specifications in this Invitation unless deviations therefrom are clearly indicated in an
attachment titled "Exceptions to Specifications" submitted and signed by Bidder's authorized
representative. In order for the Bid to be considered, an explanation must be made for each
item in which an exception is taken, giving in detail the extent of the exception and the reason
for which it is taken. The City of Palm Springs will be the sole judge as to whether any deviations
or exceptions will be approved or accepted.
29. Non-Discrimination Certification: In connection with its performance under this Agreement,
Contractor shall not discriminate against any employee or applicant for employment because
of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (
i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual
orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate
any discrimination arising from or related to any prohibited basis in any Contractor activity,
including but not limited to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Contractor
is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of
the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or
negotiations are not successful, or the agreement is terminated, the City may, at its sole
discretion, enter negotiations with and award the Contract to the second highest ranked
Proposer, and so on.
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30. Other Public Agency "Piggyback Clause": It is intended that any other public agency, at the
mutual consent of both parties and consistent with the public agency's policies and procedures,
be permitted to purchase under the terms submitted in response to this procurement. Any
participating agency shall take sole responsibility for the placing of orders, arranging for delivery
and or services, and making payments to the vendor, contractor, or consultant. The City of
Palm Springs will not be liable or responsible for any obligations, including but not limited to
financial responsibility, in connection with the participation by other public agencies.
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CITY OF PALM SPRINGS IFB 21-04
ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
PURPOSE, SCOPE OF WORK, AND SPECIAL CONDITIONS:
I. SCOPE OF WORK: Assist the City's Contract Administrator or their designee, and the Palm
Springs Police Department with cleanup and removal of transient camps throughout the City,
retrieval of abandoned shopping carts, removal of items and debris dumped within the City
limits, and maintain seven (7) assigned street routes located within the City of Palm Springs
by policing and litter pick-up to include the removal of paper, glass, trash, vegetation, and
other accumulated debris from City streets, storm drains and right-of-ways. Right-of-ways is
defined as begin 10 feet from the centerline of road to the road edge in both directions. All
routes should be completed one times each, during each ten (10) business day work period.
Perform a city-wide palm frond, tree limb and sand route when directed by the City's Contract
Administrator. The City of Palm Springs, does not allow the use of Glysophates for weed
abatement. All products used within city limits, must be non-toxic.
During normal work hours, respond within thirty (30) minutes to telephone requests from the
City's Contract Administrator or designee to remove debris or vegetation that is located in the
streets or right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel
and oil spills, downed trees or limbs, vegetation, and rain and wind storms, transient camp
cleanup (trash bedding and other personal effects) as directed by City's Contract
Administrator. The Contractor must be prepared to respond to changing work assignments.
(Example: being contacted to stop in the middle of a project or task and redirected to respond
to a request by the Contract Administrator, or their designee, to pick up an abandoned
mattress or appliance, etc., and then immediately return to the previous assignment.)
Contractor shall maintain a log sheet of daily activities, hours worked and the specific locations
of all work activities, which will be turned into the City's Contract Administrator (log sheet will
be provided by the Contract Administrator) at the end of each work shift. All activities, tasks
and duties performed shall be entered into the City's work order system by Contractor
throughout the day, as tasks are completed and GIS locations provided when possible.
Contractor shall provide smart phone, tablet, or similar device capable of entering, viewing,
printing, processing and completing work orders. A cell phone number, for all Supervisors and
Lead Workers is required, as well as full list of Contractors personnel available for emergency
after-hours needs, shall be provided on a quarterly basis. Supervisor and Lead Worker must
be equipped with electric devices capable of receiving work orders, photos and texts issued
by the Contract Administrator.
J. WORK HOURS: Regular work hours consist of 8:00 A.M. to 3:30 P.M. Sunday through
Saturday, unless otherwise modified by Contract Administrator or their designee. Any hours
worked other than the regularly scheduled hours are considered "emergency call-out" hours,
and will be scheduled only at the direction of the Contract Administrator.
Contractor has the right to modify the regular work hours/days upon 30 days written notice
and approval by the Contract Administrator; however, regular work · hours will not exceed 8
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hours per day or 40 hours per week, per employee.
Emergency call-out hours may be necessary in the case of downed trees, storm debris in
right-or-ways, or any condition endangering the safety of the public. The Contractor must
respond to an emergency call-out within one (1) hour. Hours worked on an emergency basis
will be logged on a City provided 'Emergency over time' form, and will be attached on the
Contractor's invoice as "emergency call-out hours".
Contractor shall make Lead Workers available for a weekly meeting with City Contract
Administrator and/or designee. Supervisor and/or Area Manager for Contractor shall be
available for quarterly meetings with City Contractor Administrator and/or designee.
Except in the case of an emergency call-out, there will be no work scheduled on days that the
City is closed for holidays: New Year's Day, Martin Luther King Jr. Day, Presidents Day,
Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after
Thanksgiving, Christmas Eve, and Christmas Day.
K. PERSONNEL: Roadside Maintenance Crews shall consist of a minimum of a two-person
crew with personnel capable of lifting up to 100 lbs. in weight each. Supervisor's and Lead
Workers must be able to understand, read, and write English, possess an appropriate valid
California Driver's License, and copies of valid California state driver's licenses shall be
provided to the City Contract Administrator annually. Any new employees that are tasked with
driving as part of their duties, must provide proof of a valid California state driver's license
within 48 hours of their first scheduled shift. One of the crewmembers will be designated as a
'Lead Worker' for each shift and will be the primary point of contact to receive and implement
instructions. To provide for continuity, rotation of individuals assigned to this program must be
held to a minimum. All employees must have a working knowledge of how to use the
equipment listed below.
L. MINIMUM EQUIPMENT NEEDED: Contractors are expected to own and include in pricing
all hand tools, hand trucks, "Hudson style" compression sprayers, boom trucks, bobcats,
trucks, and any other equipment necessary to provide the services required by this scope of
work. The City will not pay additional equipment fees or rentals.
All vehicles must be Heavy Duty four-wheel drive vehicles equipped with flashing arrow signs
(FAS), and caution beacons. A hauling bed or pull trailer with a capacity no less than 14 feet
long, six feet wide, with side boards at least five feet high is required. Anticipated mileage is
in excess of 2,000 miles per month per vehicle.
Small hand tools including but not limited to: loppers, clippers, hand saws, chainsaws, rakes,
brooms, shovels, pitch forks, weed-eaters, hoes, wheel barrows and all employee safety and
personal protective equipment, are to be provided by Contractor at all times. Leaf blowers
must be battery powered. The City of Palm Springs has banned all gas powered leaf
blowers and violators will be fined.
Contractor is responsible for all traffic control and must meet CalTrans standards and
practices. Each vehicle shall carry adequate traffic control devices such as cones, roadwork
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signs on barricades and delineators to perform assigned tasks. A minimum of 25 cones with
reflective sleeves, 2 Road Work Ahead signs (36" x 36") on barricades and 2 Lane Closed
Ahead (36" x 36") signs on barricades are required for each truck. Reflective roll up signs that
are 48" x 48" with stands are acceptable.
Minimal required Personal Protective Equipment needed, but not limited too: Class 2 Safety
Vests, puncture proof disposable gloves, leather work gloves, reinforced work boots, safety
glasses/goggles, face shields, dust masks, face coverings, headwear for sun protection, rain
gear and appropriate hearing protection. Contractor shall provide documentation for all
employee attended safety meetings and bi-annual IMSA CAL-TRANS standard 'Work Zone
Temporary Traffic Control' certifications for Lead Workers and Supervisors.
M. WASTE DISPOSAL: The City will be responsible for disposal of waste material collected by
the Contractor and no fee should be included in the bid for dump fees. The Contractor will be
responsible for sorting of material into the proper bins provided at the City Corporate Yard,
located at 425 North Civic Drive, Palm Springs. Contractor shall be provided 2 City issued
access badges to access the Corporate Yard. Any lost or damaged badges must be reported
immediately to City Contractor Administrator and may result in a $15.00 per badge
replacement fee. Should the Contractor fail to dump the collected materials into the proper
bins, Contractor will be responsible for payment of dump fees for the contaminated bin and
repeat offenses could result in the Contractor becoming responsible for their own disposal
arrangements, or termination of the Contract.
N. STORAGE FACILITIES: The City shall not provide any storage facilities for the Contractor.
The City's Corporate Yard located at 425 N. Civic Drive is a secure facility, and shall not be
used by the Contractor. The Contractor shall be responsible for obtaining an appropriate
administrative office, storage yard, and secure parking lot for its equipment and vehicles. The
location of its facility shall be within the City of Palm Springs, subject to the approval of the
City.
0. PARKING: 1) During the Contractor's daily operations and completion of the Work, the
Contractor shall park their vehicles and equipment within designated public parking areas or
work zones, in accordance with local and state laws, maintaining clear travel lanes for
vehicular traffic. Overnight parking of the Contractor's vehicles and equipment shall be located
within the Contractor's own secured storage facility, and not within any City facilities or public
parking lots.
2) The Contractor's vehicles and equipment shall not be parked or set in such a manner that
they block pedestrian access or vehicular right-of-way except as required to comply with all
safety standards of OSHA or CAL-OSHA.
P. VEHICLES: The Contractor's vehicles used in performance of the services required
hereunder shall be maintained in first class condition. Upon commencement of the services,
the Contractor shall furnish and apply an appropriate logo on all vehicles to be used within the
City identifying the Contractor's company name. The logo shall be prepared by the Contractor
and submitted to the City for approval prior to use.
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DRAIN EASEMENTS
DESERT WAY & LAS PAMPAS WAY. NORTH SJDE OF INTERSECTION
NORTii ENO OF ORCHID TREE
NORTH END OF BURTON WAY
NORTH END OF SUNSET WAY
EAST END OF CALLE CONJERA
EAST END OF CALLE PAPAGAYO
QUtNCYWAY. SOUTH SIDE OF STREET
MESQUITE & CERRITOS, NORTH SIDE OF INTERSECTION
PEBBLE BEACH & LAKESIDE DRIVE. SOUTH SIDE OF INTERSECTION
PASEO CAROlETA & CALLE PAUL, EAST SIDE OF INTERSECTION
ARNI CO & NORLOTI, EAST SIDE OF INTERSECTION
EASEMENT THAT RUNS NORTH TO SOUTH FROM VISTA CHINO TO EL
CONQUISTADOR
MESQUITE & COMPADRE. NORTH SIDE, FROM STREET TO END OF CEMENT
FEY NORTE TO CHIA OFF OF VISTA CHINO
CALETA WAY EAST OF HERMOSA EAST END
JULIAN & JUANJT A
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61
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ATTACHMENT "A"
IFB 21-04 ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH
YOUR BID* SIGNATURE AUTHORIZATION
NAME OF COMPANY (BIDDER): _______________ _
BUSINESS ADDRESS: ____________________ _
TELEPHONE: _______ CELL PHONE: _________ FAX: __ _
CONTACT PERSON: EMAIL ADDRESS: _________ _
A. I hereby certify that I have the authority to submit this Bid to the City of Palm Springs for
the above listed individual or company. I certify that I have the authority to bind myself/this
company in a contract should I be successful in my Bid.
PRINTED NAME AND TITLE
SIGNATURE AND DATE
B. The following information relates to the legal Bidder listed above, whether an individual or a ·
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
__ An individual;
__ A partnership, Partners' names: _____________ _
__ A company;
__ A corporation If a corporation, organized in the state of: _____ _
My tax identification number is: ________________ _
Please check below IF your firm qualifies as a Local Business as defined in the IFB:
__ A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current
business license is required to be attached to this document.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including
the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your
bid being deemed non-responsive.
In the space provided below, please acknowledge receipt of each
Addendum: Addendum(s) # __ is/are hereby acknowledged.
LATE BIDS WILL NOT BE ACCEPTED -NO EXCEPTIONS!
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IFB 21-04 ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
ATTACHMENT "B"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION
Conflict of Interest. Bidder acknowledges that no officer or employee of the City has or shall have
any direct or indirect financial interest in this Agreement nor shall Bidder enter into any agreement of
any kind with any such officer or employee during the term of this Agreement and for one year
thereafter. Bidder warrants that Bidder has not paid or given, and will not pay or give, any third party
any money or other consideration in exchange for obtaining this Agreement.
Covenant Against Discrimination. In connection with its performance under this Agreement,
Bidder shall not discriminate against any employee or applicant for employment because of actual or
perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender
identity, gender expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Bidder shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity
to enter this Agreement, and in executing this Agreement, Bidder certifies that its actions and
omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited
basis in any Bidder activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship; and further, that Bidder
is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including
without limitation the provision of benefits, relating to non-discrimination in city contracting.
NAME OF BIDDERNENDOR: -----------------
NAME and TITLE of Authorized Representative:
(Print) _________________________ _
Signature and Date of Authorized Representative:
(Sign) ________________ (Date) _____ _
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Who Must File?
ATTACHMENT "C"
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the
application, and seek a City approval determined by a vote of City officials. Examples include
corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval
by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government
and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance,
codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies
(and other legal entities that are not natural people) doing business in the community are transparent
and make disclosure as to their ownership and management, and further that those companies
disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or
more, who has a material financial relationship with any elected or appointed voting City official, or
with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an
owner/investor in the applicant entity and a voting official (or the City Manager or City
Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the
application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the
application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year
prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based
upon the owner/investor's interest in the applicant entity, in relation to the application's
outcome.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application
for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees,
and other fiduciaries serving trusts or other types of organizations (attorneys, accountants,
etc.).
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Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not
a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers,
directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or
more who have a material financial relationship with an elected or appointed City official who
will vote on the applicant's application, or with the City Manager or City Attorney.
PENALTIES
Falsification of information or failure to report information required to be reported
may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form
should you need further clarification.
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related
entity
EXAMPLE
JANE DOE 50% ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
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City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached
instructions, we provide you these supplementary instructions to clearly identify the required information, and
the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also
comprised of other business entities as its members or having a financial interest, all other such business
entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having
any financial interest over 5% of the business entities (and any other business entities comprising your
business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are: John Doe,
Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company,
and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers
2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned
100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe,
with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company
ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company
a. Managers: Acme Brothers 2, Inc., a California corporation
b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company
a. Managers: George Doe
b. Ownership:
i. 50%
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BID SCHEDULE/PRICING PAGES (IFB 21-04)
PROVIDE ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
DUE: TUESDAY, MARCH 30, 2021 AT 3:oo P,M, LOCAL TIME
Bidders' signed bid and written acceptance by the City shall constitute an agreement and has hereby
agreed to all the terms and conditions set forth in all of the sheets which make up this invitation.
Responding to an Invitation For Bids I F B 21 -0 4 to provide roadside maintenance for assigned
street routes located within the City of Palm Springs, the undersigned bidder proposes and agrees to provide
the services and work in accordance with the specifications. I/We will accept as full payment therefore the
following amount. NOTE: BIDDERS MUST COMPLETE SCHEDULE "A" AND SCHEDULE "B".
Note: Offerer should state the hourly rate for personnel provided for in this Contract and which will apply to
all work of the Contract. The hourly rate shall constitute the sole basis for payment and include all associated
costs or charges i.e., vehicle, supplies, communication devices, insurance, uniforms, (not all inclusive).
SCHEDULE "A": Rate for Roadside maintenance and transient camp clean-up work based on 8 hours per
day, seven days a week per employee and includes all associated costs for the crew. 'Crew' for purposes of
this bid is defined as Offerers estimate number of employees required to perform the tasks as detailed in the
scope of work for roadside maintenance and transient camp clean-up within the city boundaries.
Title: Unit Cost Annual Hours Annual Cost
Crew: $ per/hr. X 2080 hrs. = $
Vehicle & Supplies: $ per/day X 197 days = $
SUBTOTAL: $
SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually.
OVERTIME HOURS:
Title: Unit Cost Annual Hours Annual Cost
Crew: per/hr. X X 70 hrs. = $
Vehicle & Supplies: per/day X 1 day = $
SUBTOTAL: $
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GRAND TOTAL OF BID SCHEDULES "A and B" :
Total Amount in Words: ___________________________ _
Total Amount in Figures: $ __________________________ _
It is understood and agreed that this Bid may not be withdrawn until sixty (60) days from the date of the
opening thereof, and at no time after award of Bid. Prices to remain fixed for initial contract period of 3 years.
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS:
For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years
4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer
Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the
anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual
consent of the City and the Contractor.
Delivery/Schedule for Performance: The bidder must indicate on this Bid Proposal page the time
required for delivery, in number of calendar days, after receipt of order (ARO). Delivery may be a factor
in award of bid and may be cause for rejection, as determined by the City. The work and/or services to
be performed by Vendor pursuant to the purchase order shall be completed by Vendor within time required
for delivery indicated below, unless City approves in writing a revised delivery schedule.
Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and
install after receipt of order (ARO): ____ DAYS (ARO) *Delivery may be a factor in award.
It is understood and agreed that this bid may not be withdrawn for a period of ninety (90) days from the
date of opening thereof, and at no time in the case of the Successful Bidder.
CHECK IF THE FOLLOWING STATEMENT APPLIES:
___ My firm/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley).
copy of current business license is required to be attached to this document,
NOTE: This page MUST be manually signed.
Certified by:
Signature of Authorized Person
Printed Name
Title
Date
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"EXHIBIT A"
REFERENCES
The City is seeking a qualified contractor who has the experience and capability to deliver Roadside
and Transient Maintenance as per the specifications contained herein. A minimum of three (3) references
shall be submitted below with the bid, including contact name and phone number, for projects of a
similar scope to this Invitation for Bids.
1) Name of contractor or agency: ___________________ _
Contact Person: Phone # -----------------------
Brief description of project:
2) Name of contractor or agency: ___________________ _
Contact Person: Phone # -----------------------
Brief description of project:
3) Name of contractor or agency: ___________________ _
Contact Person: Phone # -----------------------
Brief description of project:
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"EXHIBIT B"
CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 21-04
PROVIDE ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED
AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE )
The undersigned, being first duly sworn, deposes and says that he or she is ______ _
of _______________ , the party making the foregoing bid. That the bid is not
made in the interests of, or on the behalf of, any undisclosed person, partnership company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has
not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or any other member or agent thereof to
effectuate a collusive or sham bid.
By: ______________ Title ___________ _
Subscribed and sworn to before me this ____ day of ________ , 20_.
FIDAVI.FRM
Notary Public in and for said
County and State
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BIDDER'S GENERAL INFORMATION
INVITATION FOR BIDS NO. 21-04
ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be
non-responsive and may cause its rejection.
1. BIDDER/CONTRACTOR'S Name and Street Address:
2. CONTRACTOR'S Telephone Number: ( ) __________ _
Facsimile Number: ( ) ___________ _
1. CONTRACTOR'S License: Primary Classification __________ _
State License Number(s) ___________________ _
Supplemental License Classifications _______________ _
4. Name and Title of person authorized to execute a contract for this company:
5. Surety Company and Agent who will provide the required Bonds on this Contract:
Name of Surety: ______________________ _
Address: _________________________ _
Surety Company ______________________ _
Telephone Numbers: Agent ( ) ______ Surety ( ) ______ _
6. Type of Contractor (Individual, Partnership or Corporation):
7. Corporation organized under the laws of the State of: __________ _
8. List the names and addresses of the principal members of the contractor or names and titles of the principal
officers of the corporation or contractor:
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9. Number of years' experience as a contractor in this specific type of work: ______ _
10. List the name and title of the person who will supervise full-time the proposed work for this project:
11. Is full-time supervisor an employee ____ contract service ___ ?
12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal
of your current financial condition may be required by the City. *WAIVED*
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CITY OF PALM SPRINGS, CALIFORNIA
IFB 21-04 ROADSIDE AND TRANSIENT MAINTENANCE SERVICES RE-BID
BID BOND FORM
KNOW ALL MEN BY THESE PRESENTS,
That. _______________________ as principal, and
______________________ as Surety, are held and contractually
bound unto The City of Palm Springs, hereinafter called the "City" in the sum of:
dollars
(not less than 10 percent of the total amount of the bid)
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, contractually by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the
bidding schedule of the City's Contract Documents entitled:
ROADSIDE AND TRANSIENT MAINTENANCE SERVICES
NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the manner
required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the
form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance,
and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and
void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said
City and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable
attorney's fee to be fixed by the court.
SIGNED AND SEALED, this _______ day of _____ ,20 ________ _
_________________ (SEAL)
________________ (SEAL)
__________________ (SEAL) (Principal)
_________________ (SEAL) (Surety)
By: _____________________ (Signature)
(SEAL AND NOTARIAL By: __________________ _
ACKNOWLEDGMENT OF SURETY) (Signature)
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WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be
insured against liability for worker's compensation, or to undertake self-insurance in accordance with the
provisions of said Code, and I will comply with such provisions before commencing the performance of the Work
of this Contract.
Contractor --------------
By ______________ _
Title -----------------
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SUMMARY OF INSURANCE
REQUIREMENTS FOR CITY CONTRACTS
Instructions to ContractorsNendors/Service Providers:
Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at
their own cost and expense for the duration of their contract with the City, appropriate insurance against
claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work or services. The types of insurance required and the coverage amounts are specified
below:
A. Minimum Scope of Insurance Required
1. General Liability Insurance is required whenever the City is at risk of third-party claims which may
arise out of work or presence of a contractor, vendor and service provider on City premises.
2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or
service provider in their scope of work or when they are driven off-road on City property. Compliance
with California law requiring auto liability insurance is mandatory and can not be waived.
3. Workers' Compensation and Employer's Liability Insurances is required for any contractor,
vendor or service provider that has any employees at any time during the period of this contract.
Contractors with no employees must complete a Request for Waiver of Workers' Compensation
Insurance Requirement form.
4. Errors and Omissions coverage is required for licensed or other professional contractors doing
design, architectural, engineering or other services that warrant such insurance.
B. Minimum Limits of Insurance Coverage Required
Under $25,000 Limits TBD by Risk Manager
Over $25,000 to $5,000,000 $1 Million per Occurrence/$2 Million Aggregate
Over $5 Million Limits TBD by Risk Manager
Umbrella excess liability may be used to reach the limits stated above.
C. The following general requirements apply:
1. Insurance carrier must be authorized to do business in the State of California.
2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best Company.
3. Coverage must include personal injury, protective and employer liability.
4. Certificate must include evidence of the amount of any deductible or self-insured retention under the
policy.
5. Contractor's general liability and automobile insurance coverage must be primary and non-
contributory over any insurance the City may maintain, that is, any such City insurance shall be excess
to limits stated in the certificate.
D. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability
Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance
Coverage with an approved Additional Insured Endorsement (see attached) with the following
endorsements stated on the certificate:
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1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured'
("as respects a specific contract" or "for any and all work performed with the City" may be included in
this statement).
2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may
have" ("as respects a specific contract" or "for any and all work performed with the City" may be
included in this statement).
3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing
company will mail 30 days written notice to the Certificate Holder named." Language such as,
"endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representative" is not acceptable and must be crossed out. See
Example A below.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of
subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See
Example B below.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder
on the policy.
All certificates and endorsements are to be received and approved by the City before work commences. All
certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the
authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the contractor's obligation to provide them.
E. Acceptable Alternatives to Insurance Industry Certificates of Insurance:
• A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten
(10) days for non-payment of premium) and additional insured and/or loss-payee status, when
appropriate, for the City.
• Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of
approval
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F. Endorsement Language for Insurance Certificates
Example A:
SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
INSURER WILL Efl4DEAVOR TO MAIL 30 DAYS* WRITTEN NOTICE TO
THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL
SUCl=I NOTICE Sl=IALL IMPOSE f!i~O OBLIGATION OR LIABILITY OF ANY
KIND UPOf!iJ Tl=IE lfl,SURER ITS AGEf!iffS OR REPReSENTATIVES.
*The broker/agent can include a qualifier stating "10 days notice for
nonpayment of premium."
"IT IS UNDERSTOOD AND AGREED THAT THE COMPANY
WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE
ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB
OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED Example B:
HERETO."
G. Alternative Programs/Self-
Insurance. Under certain circumstances, the City may accept risk financing mechanisms such as Risk
Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-
insurance programs as verification of insurance coverage. These programs are subject to separate
approval once the City has reviewed the relevant audited financial statements and made a determination
that the program provides sufficient coverage to meet the City's requirements.
THIS SPACE INTENTIONALLY LEFT BLANK
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NOTICE INVITING BIDS IFB 21-04 RE-BID
TO PROVIDE -ROADSIDE AND TRANSIENT MAINTENANCE
BID DUE DATE: TUESDAY, MARCH 30, 2021 -3:00 P.M.
NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified
contractors to:
Roadside and Transient Maintenance
Provide roadside maintenance cleanup and removal of transient camps throughout the City, retrieval of
abandoned shopping carts, removal of items and debris dumped within the City limits, and maintain seven
(7) assigned street routes located within the City of Palm Springs by policing and litter pick-up to include
the removal of paper, glass, trash, vegetation, and other accumulated debris from City streets, storm drains
and right-of-ways.
Bids will be received until TUESDAY, March 30, 2021 at 3:00 P.M., local time at the Office of Procurement
and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, ~alifornia, 92262, at which time they will be
publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is
made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand
delivered or mailed to the address above.
Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed
form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the
amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Work
is awarded fail to furnish the required proof of insurance and enter into a Purchase Order Contract with the
City within the period of time provided by the IFB's requirements
The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical
defect in a bid. ·
The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of
Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that
any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by
the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the
Bidder unopened.
Availability of Documents: Bid Documents and Specifications may be obtained from the Procurement
Office by calling (760) 322-8374 or via the Internet at the following address: http://www.palmspringsca.gov
click on "Government", "Departments" and go to "Procurement", "Open Bids".
NOTE: If you downloaded this bid via the internet at the address above, contact Leigh Gileno, Procurement
& Contracting Manager -Acting, via email at Leigh.Gileno@palmspringsca.gov to be placed on the bidders
list for this specific project and provide your company name, contact person, contact email address, office
address, office phone and alternate phone (mobile). Failure to be placed on the bidders list as stated above
may result in not receiving addenda to the I FB. *Note -Being placed on the vendor list for this specific
project is a separate process and not the same as registering online in our general vendor database.
Leigh Gileno
Procurement & Contracting Manager, Acting
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INVITATION FOR BIDS RE-BID (IFB 21-04)
BIDDER'S CHECK LIST
INSTRUCTIONS TO BIDDER:
GENERAL:
Bidders are advised that notwithstanding any instructions or inferences elsewhere in this
Invitation for Bid, only the documents shown and detailed on this sheet need be submitted with and
made part of their Bid. Other documents may be required to be submitted after Bid time, but prior
to award. Bidders are hereby advised that failure to submit the documents shown and detailed on
this sheet MAY RENDER THE BID NON-RESPONSIVE.
II REQUIRED DOCUMENTS FOR BID:
Bids MAY NOT BE CONSIDERED if the following documents and/or attachments are not
completely filled out and submitted with the Bid.
NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED.
_x__ Attachment "A" Signature Authorization Page, Page 27 must be signed.
_x__ Attachment "B" Conflict of Interest & Non-Discrimination Certification, Page 28 must be
signed.
_x__ Attachment "C" Public Integrity Disclosure Applicant Disclosure Form, Page 32 must be
signed.
_x__ Bid Proposal page 35, must be manually signed.
_x__ Erasures or other changes made to the Bid Proposal Pages must be initialed by the person
signing the Bid.
_x__ References form, page 36, must be completed.
_x__ Affidavit of Non-collusion by Contractor form, page 37, must be manually signed and
countersigned by a Notary Public.
_x__ All Addenda issued shall be acknowledged in the space provided on Attachment "A", page
27. Failure to acknowledge all Addenda may render your Bid non-responsive.
__x_ Deviations from Specifications: It is understood that the product offered by the Bidder will
meet all requirements of the Specifications in this Invitation for Bids, unless deviations there
from are clearly indicated in an attachment headed "Deviations from Specifications" submitted
and signed by the Bidder's authorized representative. In order for the Bid to be considered,
an explanation must be made for each item in which a deviation is indicated, giving in detail
the extent of, and reason for, the deviation. The City shall determine if a deviation is
acceptable or not.
_x__ Bidder shall submit with their bid full descriptive data, including product specifications, general
drawings (if applicable), brochures, and any other information on the material proposed in this
Invitation and as requested in the detailed Specifications.
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CITY OF PALM SPRINGS
IFB 21-04
ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
TERMS AND CONDITIONS
1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a
sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number, time and
date of opening.
2. Bids submitted may be withdrawn by written request received before the hour set for the opening.
After that time, Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no
time after award of Bid.
3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder
or to reject all bids, as it may best serve the interests of the City. Furthermore, the City reserves the
right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time,
agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform
such an agreement satisfactorily.
4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect
in a Bid, as it may best serve the interests of the City. The City also reserves the right to make
such investigations as it deems necessary to determine the ability of the Bidder to perform the Work
and the Bidder shall furnish to the City all such information and data for this purpose as the City
may request. The City reserves the right to reject any Bid if the evidence submitted by or
investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out
the obligations in the bid documents and to complete the Work contemplated therein.
5. The decision of the Palm Springs City Council, or their designee if applicable, will be final. It is
anticipated that City Council, or designee if applicable, will award the bid at their regularly scheduled
meeting following the closing date for receipt of bids.
6. Bidder's signed bid and written acceptance by the City (purchase order) shall constitute an
agreement.
7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the
terms and conditions set forth in all of the pages which make up this Invitation For Bid.
8. The price quoted by the Bidder in his/her bid shall include any and all applicable sales or use tax
levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise
Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any
other acts of Congress.
9. Bidders may submitsw..b£ ONE (1) bid in response to this IFB. You many NOT submit multiple
bids.
10. When discrepancies occur between unit prices and extended amounts the unit prices shall
govern.
11. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and
sworn before a Notary Public.
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12. QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf
are specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
this IFB other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a Bid. No questions shall be answered via an addendum until
after the walk through.
AH.Y: questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted
lli. WRITING and directed ONLY to;
Leigh •Gileno -Procurement & Contracting Manager, Acting
Procurement & Contracting Dept.
3200 E. Tahquitz Canyon Way, Palm Springs CA 92263
Or E-mailed to: Leigh.Gileno@palmspringsca.gov
Or Faxed to: (760) 323-8238
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the IFB. The deadline for all questions is
3:oop.M .. Local Time, Tuesday, March 23, 2021. Questions received after this date and
time may not be answered. Only questions that have been resolved by formal written Addenda
via the Division of Procurement and Contracting will be binding. Oral and other interpretations
or clarifications will be without legal or contractual effect.
PLEASE NOTE THAT PALM SPRINGS CIJY HALL IS CLOSED EVERY FRIDAY AND
THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY SUBMITJALS/BIDS ON
FRIDAYS (OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN
DELIVERING A SUBMITTAL/BID BY THE DUE PATE AND TIME AS DEFINED IN THIS
DOCUMENT,
13. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a
Notice of Award letter and/or Purchase Order will be issued to the successful Bidder. The
successful Bidder shall provide all Certificates of Insurance, Bonds, if required, within fourteen
(14) calendar days.
14. Business License: The successful bidder will be required to be licensed in accordance with
the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through
3.96, entitled "Business Tax". Awarded vendor must submit copy of City of Palm Springs
Business license with their signed contract.
15. The Bidder agrees that the City has the right to make the final determination as to whether
the materials has been satisfactorily delivered, installed and meets the acceptance criteria as
defined in the Bid documents.
16. Performance: Time is of the essence in the performance of the work. Performance schedule
may be a factor in award of bid and may be cause for rejection, as determined by the City.
17. Termination for Default: The City may, by written notice of default to the vendor, terminate
any resulting order in whole or in part should the vendor fail to make satisfactory progress,
fail to deliver within time specified therein or fail to deliver in strict conformance to
specifications and requirements set forth therein. In the event of such termination, the City
reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting
vendor shall be liable for the difference between the prices set forth in the terminated order
and the actual cost thereof to the City. The prevailing market price shall be considered the
fair repurchase price, If, after notice of \f smination of this contract under the provisions of this
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clause, it's determined for any reason that the Contractor was not in default under the provisions
of this clause, the rights and obligations of the parties shall be the same as if the notice of
termination had been issued pursuant to the Termination for Convenience clause. The rights
and remedies of City provided in this article shall not be exclusive and are in addition to any
other rights and remedies provided by law or under resulting order.
18. Termination for Convenience: The City may, by written notice stating the extent and
effective date terminate any resulting order for convenience in whole or in part, at any time. The
City shall pay the vendor as full compensation for performance until such termination the unit or
pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of
termination, not otherwise recoverable from other sources by the vendor as approved by the
City, with respect to the undelivered or unaccepted portion of the order, provided compensation
hereunder shall in no event exceed the total price. In no event shall the City be liable for any
loss of profits on the resulting order or portion thereof so terminated. The rights and remedies
of City provided in this article shall not be exclusive and are in addition to any other rights and
remedies provided by law or under resulting order.
19. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end
is contingent upon the availability of funding from which payment can be made. No legal
liability shall arise for payment beyond June 30 of the calendar year unless funds are made
available for such performance.
20. Affidavit of Non-Collusion and References: Bidders are required to file an Affidavit of
Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public
with a commission in the State of California. Bidders are also required to provide
References. The forms are included in the Bid package as "Exhibits A and B".
21. Bidder Responsibility: The City of Palm Springs reserves the right to reject the Bid of any
Bidder who previously failed to perform properly, or complete on time, agreements of similar
nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement
satisfactorily.
22. Governing Law: This contract shall be construed and interpreted according to the laws of
the State of California.
23. Bid Bond: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's
bond on the prescribed form and made payable to the City of Palm Springs for an amount
equal to at least ten percent (10%) of the amount Bid (maximum award value of lump sum total).
Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish
the required proof of insurance, bonds and enter into a Purchase Order Contract with the City
within the period of time provided by the I FB's requirements.
24. Performance Bond and Insurance: The requirements of a performance bond have been
waived for this project. The successful Bidder shall furnish tNithin 14 calendar days after Notice
of J\lNard, a Performance Bond in the sum of the amount of the Agreement. The successful
Bidder shall maintain the validity and enforcement of said bond for the duration of the Contract.
Also, the successful Bidder shall furnish within 14 calendar days after ~Jotice of Award
certificates of Insurance as per the instructions contained herein.
25. Payment Bond: Payment/Labor and Materials Bond: The successful Bidder shall furnish
within 14 calendar days after Notice of Award, a Payment/Labor and Materials Bond in the sum
of twenty-five thousand dollars ($25,000.00). The successful Bidder shall maintain the validity
and enforcement of said bond for the duration of the Contract.
26. Local Preference: Pursuant to the City of Palm Springs Local Preference Ordinance 1756,
the term "Local Business" is defined as a vendor, contractor, or Consultant who has a valid
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physical business address located within the Coachella Valley, at least six months prior to bid
or bid opening date, from which the vendor, contractor, or consultant operates or performs
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in
the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the
south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes
the cities of Beaumont and Banning and the unincorporated areas between Banning and the
City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose
of establishing such physical address.
In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided
in Ordinance No. 1756, the City may give a preference to Local Businesses in making
such purchase or awarding such contract in an amount not to exceed five (5%) percent of the
Local Business' total bid price, or $15,000, whichever amount is lower. Total bid price shall
include only the base bid price but also adjustments to that base bid price resulting from
alternates requested in the Solicitation. In order for a Local Business to be eligible to claim
the preference, the business MUST request the preference in the Solicitation response (see
cost proposal pages) and provide a copy of its current business license from a jurisdiction in
the Coachella Valley.
27. Payment Terms -The standard terms at the City of Palm Springs are Net 30 days.
28. It is understood that the services offered by the Bidder will meet all requirements of
the specifications in this Invitation unless deviations therefrom are clearly indicated in an
attachment titled "Exceptions to Specifications" submitted and signed by Bidder's authorized
representative. In order for the Bid to be considered, an explanation must be made for each
item in which an exception is taken, giving in detail the extent of the exception and the reason
for which it is taken. The City of Palm Springs will be the sole judge as to whether any deviations
or exceptions will be approved or accepted.
29. Non-Discrimination Certification: In connection with its performance under this Agreement,
Contractor shall not discriminate against any employee or applicant for employment because
of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (
i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual
orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate
any discrimination arising from or related to any prohibited basis in any Contractor activity,
including but not limited to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Contractor
is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of
the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or
negotiations are not successful, or the agreement is terminated, the City may, at its sole
discretion, enter negotiations with and award the Contract to the second highest ranked
Proposer, and so on.
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30. Other Public Agency "Piggyback Clause": It is intended that any other public agency, at the
mutual consent of both parties and consistent with the public agency's policies and procedures,
be permitted to purchase under the terms submitted in response to this procurement. Any
participating agency shall take sole responsibility for the placing of orders, arranging for delivery
and or services, and making payments to the vendor, contractor, or consultant. The City of
Palm Springs will not be liable or responsible for any obligations, including but not limited to
financial responsibility, in connection with the participation by other public agencies.
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CITY OF PALM SPRINGS IFB 21-04
ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
PURPOSE, SCOPE OF WORK, AND SPECIAL CONDITIONS:
Q. SCOPE OF WORK: Assist the City's Contract Administrator or their designee, and the Palm
Springs Police Department with cleanup and removal of transient camps throughout the City,
retrieval of abandoned shopping carts, removal of items and debris dumped within the City
limits, and maintain seven (7) assigned street routes located within the City of Palm Springs
by policing and litter pick-up to include the removal of paper, glass, trash, vegetation, and
other accumulated debris from City streets, storm drains and right-of-ways. Right-of-ways is
defined as begin 10 feet from the centerline of road to the road edge in both directions. All
routes should be completed one times each, during each ten (10) business day work period.
Perform a city-wide palm frond, tree limb and sand route when directed by the City's Contract
Administrator. The City of Palm Springs, does not allow the use of Glysophates for weed
abatement. All products used within city limits, must be non-toxic.
During normal work hours, respond within thirty (30) minutes to telephone requests from the
City's Contract Administrator or designee to remove debris or vegetation that is located in the
streets or right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel
and oil spills, downed trees or limbs, vegetation, and rain and wind storms, transient camp
cleanup (trash bedding and other personal effects) as directed by City's Contract
Administrator. The Contractor must be prepared to respond to changing work assignments.
(Example: being contacted to stop in the middle of a project or task and redirected to respond
to a request by the Contract Administrator, or their designee, to pick up an abandoned
mattress or appliance, etc., and then immediately return to the previous assignment.)
Contractor shall maintain a log sheet of daily activities, hours worked and the specific locations
of all work activities, which will be turned into the City's Contract Administrator (log sheet will
be provided by the Contract Administrator) at the end of each work shift. All activities, tasks
and duties performed shall be entered into the City's work order system by Contractor
throughout the day, as tasks are completed and GIS locations provided when possible.
Contractor shall provide smart phone, tablet, or similar device capable of entering, viewing,
printing, processing and completing work orders. A cell phone number, for all Supervisors and
Lead Workers is required, as well as full list of Contractors personnel available for emergency
after-hours needs, shall be provided on a quarterly basis. Supervisor and Lead Worker must
be equipped with electric devices capable of receiving work orders, photos and texts issued
by the Contract Administrator.
R. WORK HOURS: Regular work hours consist of 8:00 A.M. to 3:30 P.M. Sunday through
Saturday, unless otherwise modified by Contract Administrator or their designee. Any hours
worked other than the regularly scheduled hours are considered "emergency call-out" hours,
and will be scheduled only at the direction of the Contract Administrator.
Contractor has the right to modify the regular work hours/days upon 30 days written notice
and approval by the Contract Administrator; however, regular work hours will not exceed 8
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hours per day or 40 hours per week, per employee.
Emergency call-out hours may be necessary in the case of downed trees, storm debris in
right-or-ways, or any condition endangering the safety of the public. The Contractor must
respond to an emergency call-out within one (1) hour. Hours worked on an emergency basis
will be logged on a City provided 'Emergency over time' form, and will be attached on the
Contractor's invoice as "emergency call-out hours".
Contractor shall make Lead Workers available for a weekly meeting with City Contract
Administrator and/or designee. Supervisor and/or Area Manager for Contractor shall be
available for quarterly meetings with City Contractor Administrator and/or designee.
Except in the case of an emergency call-out, there will be no work scheduled on days that the
City is closed for holidays: New Year's Day, Martin Luther King Jr. Day, Presidents Day,
Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after
Thanksgiving, Christmas Eve, and Christmas Day.
S. PERSONNEL: Roadside Maintenance Crews shall consist of a minimum of a two-person
crew with personnel capable of lifting up to 100 lbs. in weight each. Supervisor's and Lead
Workers must be able to understand, read, and write English, possess an appropriate valid
California Driver's License, and copies of valid California state driver's licenses shall be
provided to the City Contract Administrator annually. Any new employees that are tasked with
driving as part of their duties, must provide proof of a valid California state driver's license
within 48 hours of their first scheduled shift. One of the crewmembers will be designated as a
'Lead Worker' for each shift and will be the primary point of contact to receive and implement
instructions. To provide for continuity, rotation of individuals assigned to this program must be
held to a minimum. All employees must have a working knowledge of how to use the
equipment listed below.
T .-MINIMUM EQUIPMENT NEEDED: Contractors are expected to own and include in pricing
all hand tools, hand trucks, "Hudson style" compression sprayers, boom trucks, bobcats,
trucks, and any other equipment necessary to provide the services required by this scope of
work. The City will not pay additional equipment fees or rentals.
All vehicles must be Heavy Duty four-wheel drive vehicles equipped with flashing arrow signs
(FAS), and caution beacons. A hauling bed or pull trailer with a capacity no less than 14 feet
long, six feet wide, with side boards at least five feet high is required. Anticipated mileage is
in excess of 2,000 miles per month per vehicle.
Small hand tools including but not limited to: loppers, clippers, hand saws, chainsaws, rakes,
brooms, shovels, pitch forks, weed-eaters, hoes, wheel barrows and all employee safety and
personal protective equipment, are to be provided by Contractor at all times. Leaf blowers
must be battery powered. The City of Palm Springs has banned all gas powered leaf
blowers and violators will be fined.
Contractor is responsible for all traffic control and must meet CalTrans standards and
practices. Each vehicle shall carry adequate traffic control devices such as cones, roadwork
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signs on barricades and delineators to perform assigned tasks. A minimum of 25 cones with
reflective sleeves, 2 Road Work Ahead signs (36" x 36") on barricades and 2 Lane Closed
Ahead (36" x 36") signs on barricades are required for each truck. Reflective roll up signs that
are 48" x 48" with stands are acceptable.
Minimal required Personal Protective Equipment needed, but not limited too: Class 2 Safety
Vests, puncture proof disposable gloves, leather work gloves, reinforced work boots, safety
glasses/goggles, face shields, dust masks, face coverings, headwear for sun protection, rain
gear and appropriate hearing protection. Contractor shall provide documentation for all
employee attended safety meetings and bi-annual I MSA CAL-TRANS standard 'Work Zone
Temporary Traffic Control' certifications for Lead Workers and Supervisors.
U. WASTE DISPOSAL: The City will be responsible for disposal of waste material collected by
the Contractor and no fee should be included in the bid for dump fees. The Contractor will be
responsible for sorting of material into the proper bins provided at the City Corporate Yard,
located at 425 North Civic Drive, Palm Springs. Contractor shall be provided 2 City issued
access badges to access the Corporate Yard. Any lost or damaged badges must be reported
immediately to City Contractor Administrator and may result in a $15.00 per badge
replacement fee. Should the Contractor fail to dump the collected materials into the proper
bins, Contractor will be responsible for payment of dump fees for the contaminated bin and
repeat offenses could result in the Contractor becoming responsible for their own disposal
arrangements, or termination of the Contract.
V. STORAGE FACILITIES: The City shall not provide any storage facilities for the Contractor.
The City's Corporate Yard located at 425 N. Civic Drive is· a secure facility, and shall not be
used by the Contractor. The Contractor shall be responsible for obtaining an appropriate
administrative office, storage yard, and secure parking lot for its equipment and vehicles. The
location of its facility shall be within the City of Palm Springs, subject to the approval of the
City.
W. PARKING: 1) During the Contractor's daily operations and completion of the Work, the
Contractor shall park their vehicles and equipment within designated public parking areas or
work zones, in accordance with local and state laws, maintaining clear travel lanes for
vehicular traffic. Overnight parking of the Contractor's vehicles and equipment shall be located
within the Contractor's own secured storage facility, and not within any City facilities or public
parking lots.
2) The Contractor's vehicles and equipment shall not be parked or set in such a manner that
they block pedestrian access or vehicular right-of-way except as required to comply with all
safety standards of OSHA or CAL-OSHA.
X. VEHICLES: The Contractor's vehicles used in performance of the services required
hereunder shall be maintained in first class condition. Upon commencement of the services,
the Contractor shall furnish and apply an appropriate logo on all vehicles to be used within the
City identifying the Contractor's company name. The logo shall be prepared by the Contractor
and submitted to the City for approval prior to use.
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DRAIN EASEMENTS
DESERT WAY & LAS PAMPAS WAYt NORTH SIDE OF INTERSECTION
NORTH ENO OF ORCHID TREE
NORTH ENO OF BURTON WAY
NORTH END OF SUNSET WAY
EAST END OF CAllE CONJERA
EAST END OF CALLE PAPAGAYO
QUINCY WAY. SOUTH SIDE OF STREET
MESQUITE & CERRITOS, NORTH SIDE OF INTERSECTION
PEBBLE BEACH & LAKESIDE DRIVE, SOUTH SIDE OF INTERSECTION
PASEO CAROLETA & CALLE PAUL, EAST SIDE OF INTERSECTION
ARNI CO &. NORLOTI. EAST SIDE OF INTERSECTION
EASEMENT THAT RUNS NORTH TO SOUTH FROM VISTA CHINO TO EL
CONQUISTADOR
MESQUITE & COMPADRE, NORTH SIDE, FROM STREET TO END OF CEMENT
FEY NORTE TO CHIA OFF OF VISTA CHINO
CALETA WAY EAST OF HERMOSA EAST END
JULIAN & JUANITA
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ATTACHMENT "A"
IFB 21-04 ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH
YOUR BID* SIGNATURE AUTHORIZATION
NAME OF COMPANY (BIDDER): _______________ _
BUSINESS ADDRESS: _____________________ _
TELEPHONE: _______ CELL PHONE: _________ FAX: __ _
CONTACT PERSON: EMAIL ADDRESS: _________ _
A. I hereby certify that I have the authority to submit this Bid to the City of Palm Springs for
the above listed individual or company. I certify that I have the authority to bind myself/this
company in a contract should I be successful in my Bid.
PRINTED NAME AND TITLE
SIGNATURE AND DATE
B. The following information relates to the legal Bidder listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
__ An individual;
__ A partnership, Partners' names: _____________ _
__ A company;
__ A corporation If a corporation, organized in the state of: _____ _
My tax identification number is: ________________ _
Please check below IF your firm qualifies as a Local Business as defined in the IFB:
__ A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current
business license is required to be attached to this document.
. ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including
the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your
bid being deemed non-responsive.
In the space provided below, please acknowledge receipt of each
Addendum: Addendum(s) # __ is/are hereby acknowledged.
LATE BIDS WILL NOT BE ACCEPTED -NO EXCEPTIONS!
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IFB 21-04 ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
ATTACHMENT "8"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION
Conflict of Interest. Bidder acknowledges that no officer or employee of the City has or shall have
any direct or indirect financial interest in this Agreement nor shall Bidder enter into any agreement of
any kind with any such officer or employee during the term of this Agreement and for one year
thereafter. Bidder warrants that Bidder has not paid or given, and will not pay or give, any third party
any money or other consideration in exchange for obtaining this Agreement.
Covenant Against Discrimination. In connection with its performance under this Agreement,
Bidder shall not discriminate against any employee or applicant for employment because of actual or
perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender
identity, gender expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Bidder shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity
to enter this Agreement, and in executing this Agreement, Bidder certifies that its actions and
omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited
basis in any Bidder activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship; and further, that Bidder
is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including
without limitation the provision of benefits, relating to non-discrimination in city contracting.
NAME OF BIDDERNENDOR: ______________ _
NAME and TITLE of Authorized Representative:
(Print) ________________________ _
Signature and Date of Authorized Representative:
(Sign) ________________ (Date) _____ _
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Who Must File?
ATTACHMENT "C"
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the
application, and seek a City approval determined by a vote of City officials. Examples include
corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval
by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government
and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance,
codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies
(and other legal entities that are not natural people) doing business in the community are transparent
and make disclosure as to their ownership and management, and further that those companies
disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or
more, who has a material financial relationship with any elected or appointed voting City official, or
with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an
owner/investor in the applicant entity and a voting official (or the City Manager or City
Attorney), which relationship includes any of the following:
(5) the owner/investor and the official have done business together during the year prior to the
application;
(6) the official has earned income from the owner/investor during the year prior to the filing of the
application;
(7) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year
prior to the filing of the application; or
(BJ the official might reasonably be anticipated to gain or lose money or a thing of value, based
upon the owner/investor's interest in the applicant entity, in relation to the application's
outcome.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application
for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
C. The names of all natural persons who are officers, directors, members, managers, trustees,
and other fiduciaries serving trusts or other types of organizations (attorneys, accountants,
etc.).
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Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not
a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers,
directors, members, managers, trustees, etc., of the second entity must be disclosed).
D. The names of persons owning an interest with a value of two thousand dollars ($2,000) or
more who have a material financial relationship with an elected or appointed City official who
will vote on the applicant's application, or with the City Manager or City Attorney.
PENALTIES
Falsification of information or failure to report information required to be reported
may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form
should you need further clarification.
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related
entity
EXAMPLE
JANE DOE 50% ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
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City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached
instructions, we provide you these supplementary instructions to clearly identify the required information, and
the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also
comprised of other business entities as its members or having a financial interest, all other such business
entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having
any financial interest over 5% of the business entities (and any other business entities comprising your
business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are: John Doe,
Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company,
and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers
2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned
100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe,
with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company
ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company
a. Managers: Acme Brothers 2, Inc., a California corporation
b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company
a. Managers: George Doe
b. Ownership:
i. 50%
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BID SCHEDULE/PRICING PAGES (IFB 21-04)
PROVIDE ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
DUE; TUESDAY, MARCH 30, 2021 AT 3:00 P,M, LOCAL TIME
Bidders' signed bid and written acceptance by the City shall constitute an agreement and has hereby
agreed to all the terms and conditions set forth in all of the sheets which make up this invitation.
Responding to an Invitation For Bids I F B 21 -0 4 to provide roadside maintenance for assigned
street routes located within the City of Palm Springs, the undersigned bidder proposes and agrees to provide
the services and work in accordance with the specifications. I/We will accept as full payment therefore the
following amount. NOTE: BIDDERS MUST COMPLETE SCHEDULE "A" AND SCHEDULE "B".
Note: Offeror should state the hourly rate for personnel provided for in this Contract and which will apply to
all work of the Contract. The hourly rate shall constitute the sole basis for payment and include all associated
costs or charges i.e., vehicle, supplies, communication devices, insurance, uniforms, (not all inclusive).
SCHEDULE "A": Rate for Roadside maintenance and transient camp clean-up work based on 8 hours per
day, seven days a week per employee and includes all associated costs for the crew. 'Crew' for purposes of
this bid is defined as Offerers estimate number of employees required to perform the tasks as detailed in the
scope of work for roadside maintenance and transient camp clean-up within the city boundaries.
Title: Unit Cost Annual Hours Annual Cost
Crew: $ per/hr. X 2080 hrs. = $
Vehicle & Supplies: $ per/day X 197 days = $
SUBTOTAL: $
SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually.
OVERTIME HOURS:
Title: Unit Cost Annual Hours Annual Cost
Crew: per/hr. X X 70 hrs. = $
Vehicle & Supplies: per/day X 1 day = $
SUBTOTAL: $
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GRAND TOTAL OF BID SCHEDULES "A and B" :
Total Amount in Words: ___________________________ _
Total Amount in Figures: $ __________________________ _
It is understood and agreed that this Bid may not be withdrawn until sixty (60) days from the date of the
opening thereof, and at no time after award of Bid. Prices to remain fixed for initial contract period of 3 years.
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS:
For the initial term of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5,
Contractor may request a price adjustment annually effective July 1, 2024, not to exceed the Bureau of Labor
Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period of
December to December, as reviewed and approved by the City. Optional renewal years 4 and 5, and any
associated CPI increase, are at the mutual consent of the City and the Contractor.
Delivery/Schedule for Performance: The bidder must indicate on this Bid Proposal page the time
required for delivery, in number of calendar days, after receipt of order (ARO). Delivery may be a factor
in award of bid and may be cause for rejection, as determined by the City. The work and/or services to
be performed by Vendor pursuant to the purchase order shall be completed by Vendor within time required
for delivery indicated below, unless City approves in writing a revised delivery schedule.
Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and
install after receipt of order (ARO): ____ DAYS (ARO) *Peliyery may be a factor in award.
It is understood and agreed that this bid may not be withdrawn for a period of ninety (90) days from the
date of opening thereof, and at no time in the case of the Successful Bidder.
CHECK IF THE FOLLOWING STATEMENT APPLIES:
___ My firm/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley).
copy of current business license is required to be attached to this document,
NOTE: This page MUST be manually signed.
Certified by:
Signature of Authorized Person
Printed Name
Title
Date
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"EXHIBIT A"
REFERENCES
The City is seeking a qualified contractor who has the experience and capability to deliver Roadside
and Transient Maintenance as per the specifications contained herein. A minimum of three (3) references
shall be submitted below with the bid, including contact name and phone number, for projects of a
similar scope to this Invitation for Bids.
1) Name of contractor or agency: ___________________ _
Contact Person: Phone # -----------------------
Brief description of project:
2) Name of contractor or agency: ___________________ _
Contact Person: _______________ Phone# _______ _
Brief description of project:
3) Name of contractor or agency: ___________________ _
Contact Person: _______________ Phone# ______ _
Brief description of project:
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"EXHIBIT B"
CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 21-04
PROVIDE ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED
AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE )
The undersigned, being first duly sworn, deposes and says that he or she is ______ _
of _______________ , the party making the foregoing bid. That the bid is not
made in the interests of, or on the behalf of, any undisclosed person, partnership company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has
not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or any other member or agent thereof to
effectuate a collusive or sham bid.
By: _______________ Title ____________ _
Subscribed and sworn to before me this ____ day of ________ , 20_.
FIDAVI.FRM
Notary Public in and for said
County and State
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BIDDER'S GENERAL INFORMATION
INVITATION FOR BIDS NO. 21-04
ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be
non-responsive and may cause its rejection.
1. Bl ODER/CONTRACTOR'S Name and Street Address:
2. CONTRACTOR'S Telephone Number: ( ) __________ _
Facsimile Number: ( ) ___________ _
2. CONTRACTOR'S License: Primary Classification __________ _
State License Number(s) ___________________ _
Supplemental License Classifications _______________ _
4. Name and Title of person authorized to execute a contract for this company:
5. Surety Company and Agent who will provide the required Bonds on this Contract:
Name of Surety: ______________________ _
Address: _________________________ _
Surety Company ______________________ _
Telephone Numbers: Agent ( _____ Surety ( ) ______ _
6. Type of Contractor (Individual, Partnership or Corporation): ________ _
7. Corporation organized under the laws of the State of: __________ _
8. List the names and addresses of the principal members of the contractor or names and titles of the principal
officers of the corporation or contractor:
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9. Number of years' experience as a contractor in this specific type of work: ______ _
10. List the name and title of the person who will supervise full-time the proposed work for this project:
11. Is full-time supervisor an employee ____ contract service ___ ?
12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal
of your current financial condition may be required by the City. *WAIVED*
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CITY OF PALM SPRINGS, CALIFORNIA
IFB 21-04 ROADSIDE AND TRANSIENT MAINTENANCE SERVICES RE-BID
BID BOND FORM
KNOW ALL MEN BY THESE PRESENTS,
That. _______________________ as principal, and
______________________ as Surety, are held and contractually
bound unto The City of Palm Springs, hereinafter called the "City" in the sum of:
dollars
(not less than 10 percent of the total amount of the bid)
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, contractually by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the
bidding schedule of the City's Contract Documents entitled:
ROADSIDE AND TRANSIENT MAINTENANCE SERVICES
NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the
manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement
on the form of agreement bound with said Contract Documents, furnishes the required Certificates of
Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall
be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this
bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit, including
a reasonable attorney's fee to be fixed by the court.
SIGNED AND SEALED, this _______ day of _____ ,20 ___ _
_________________ (SEAL)
________________ (SEAL)
__________________ (SEAL) (Principal)
_________________ (SEAL) (Surety)
By: __________________ _
(Signature)
(SEAL AND NOTARIAL By: __________________ _
ACKNOWLEDGMENT OF SURETY) (Signature)
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WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be
insured against liability for worker's compensation, or to undertake self-insurance in accordance with the
provisions of said Code, and I will comply with such provisions before commencing the performance of the
Work of this Contract.
Contractor _____________ _
By ________________ _
Title _______________ _
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SUMMARY OF INSURANCE
REQUIREMENTS FOR CITY CONTRACTS
Instructions to ContractorsNendors/Service Providers:
Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at
their own cost and expense for the duration of their contract with the City, appropriate insurance against
claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work or services. The types of insurance required and the coverage amounts are
specified below:
H. Minimum Scope of Insurance Required
5. General Liability Insurance is required whenever the City is at risk of third-party claims which may
arise out of work or presence of a contractor, vendor and service provider on City premises.
6. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or
service provider in their scope of work or when they are driven off-road on City property. Compliance
with California law requiring auto liability insurance is mandatory and can not be waived.
7. Workers' Compensation and Employer's Liability Insurances is required for any contractor,
vendor or service provider that has any employees at any time during the period of this contract.
Contractors with no employees must complete a Request for Waiver of Workers' Compensation
Insurance Requirement form.
8. Errors and Omissions coverage is required for licensed or other professional contractors doing
design, architectural, engineering or other services that warrant such insurance.
I. Minimum Limits of Insurance Coverage Required
Under $25,000 Limits TBD by Risk Manager
Over $25,000 to $5,000,000 $1 Million per Occurrence/$2 Million Aggregate
Over $5 Million Limits TBD by Risk Manager
Umbrella excess liability may be used to reach the limits stated above.
J. The following general requirements apply:
6. Insurance carrier must be authorized to do business in the State of California.
7. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best Company.
8. Coverage must include personal injury, protective and employer liability.
9. Certificate must include evidence of the amount of any deductible or self-insured retention under the
policy.
10. Contractor's general liability and automobile insurance coverage must be primary and non-
contributory over any insurance the City may maintain, that is, any such City insurance shall be
excess to limits stated in the certificate.
K. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability
Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance
Coverage with an approved Additional Insured Endorsement (see attached) with the following
endorsements stated on the certificate:
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1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured'
("as respects a specific contract" or "for any and all work performed with the City" may be included in
this statement).
2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may
have" ("as respects a specific contract" or "for any and all work performed with the City" may be
included in this statement).
3. "Should any of the above described policies be canceled before the expiration date thereof, the
issuing company will mail 30 days written notice to the Certificate Holder named." Language such as,
"endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any
kind upon the company, its agents or representative" is not acceptable and must be crossed out. See
Example A below.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver
of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See
Example B below.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder
on the policy.
All certificates and endorsements are to be received and approved by the City before work commences. All
certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the
authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the contractor's obligation to provide them.
L. Acceptable Alternatives to Insurance Industry Certificates of Insurance:
• A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten
(10) days for non-payment of premium) and additional insured and/or loss-payee status, when
appropriate, for the City.
• Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of
approval
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M. Endorsement Language for Insurance Certificates
Example A:
SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
INSURER WILL E~JDEAVOR TO MAIL 30 DAYS* WRITTEN NOTICE TO
THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL
SUCH ~JOTICE SHALL IMPOSE NO OBLIGATIO~J OR LIABILITY OF A~JY
KIND UPON THE l~JSURER, ITS AGE~JTS OR REPRESE~JTATIVES.
*The broker/agent can include a qualifier stating "10 days notice for
nonpayment of premium."
"IT IS UNDERSTOOD AND AGREED THAT THE COMPANY
WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE
ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB
OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED
HERETO."
Example 8:
N. Alternative
Programs/Self-Insurance. Under certain circumstances, the City may accept risk financing mechanisms
such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs
and self-insurance programs as verification of insurance coverage. These programs are subject to
separate approval once the City has reviewed the relevant audited financial statements and made a
determination that the program provides sufficient coverage to meet the City's requirements.
THIS SPACE INTENTIONALLY LEFT BLANK
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INVITATION FOR BID
FOR
ROADSIDE AND TRANSIENT MAINTENANCE (21-04) RE-BID
ADDENDUM NO. 1
This Addendum is being issued for the follovving changes and informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON
THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE
REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Since this is a 3 year contract; is the bond required to be multi-year or is it to be
renewable each year?
A 1: Payment Bond is waived
Q 2: On the bid sheet, the crew section states hours for the year at 2,080 while the
truck usage states 197. Is this variance intentional and if so, why?
A 2: Unit of measure for crew is hourly while vehicle is daily
Q 3: The scope of work mentions that the contract days are Sunday-Saturday. Is work
only to be done Monday -Friday given that the hourly allotment for the yearly
hours total is 2,080 (40 hr week)?
A 3: See revised Schedule "A" for the co"ect hours. Bid must utilize
"REVISED" pricing page to be considered responsive.
Q 4: How will palm trees be handled if required for service? If I add a price for annual
clean up, it could be much higher than a one-time frond cleaning on a single tree.
Is the frond clean up only pertaining to what falls to the ground?
A 4: This pertains to only fronds that have fallen to the ground. Palm frond
clean-up is to be performed daily, and includes removal of fallen palm
fronds within City limits.
Q 5: The bid sheets notes a crew cost line item. Are we to assume that this is the cost
for a single crew? And if so, how will it be handled if two (2) crews are needed to
manage the work effectively?
A 5: Offeror should state the hourly rate for personnel provided for in this
Contract and which will apply to all work of the Contract The hourly rate
shall constitute the sole basis for payment and include all associated costs
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or charges i.e., vehicle, supplies, communication devices, insurance,
uniforms, (not all inclusive). "Crew11 for proposes of this bid is defined as
Offerors estimate number of employees required to petform the tasks as
detailed in the scope of work.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
.u+~
Procurement Specialist II
DATE: March 24, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: ______________ Date: ____ _
Acknowledgment of Receipt of Addendum 1 is required by s1gmng and including the
acknowledgment \\4ith your Bid. Failure to acknowledge this Addendum may result in your Bid
being deemed non-responsive.
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w-.REVISED...,, BID SCHEDULE/PRICING PAGES (IFB 21-04)
PROVIDE ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
QUE· TUESDAY MARCH 30 2021 AT 3·oo P M LOCAL JIME
CORRECTION OF INSTRUCTIONS AND BID DOCUMENTS TO PROPOSERS:
The following correction is being made to the Notice to Invitation For Bid
(IFS 21-04) Roadside and Transient Maintenance
THIS REVISED BIO SCHEDULE MUST BE SUBMITTED WITH BIO. DO NOT SUBMIT THE ORIGINAL BID
SCHEDULE. FAILURE TO SUBMIT THIS REVISED BID SCHEDULE WILL RENDER YOUR BIO AS NON-
RESPONSIVE.
Bidders' signed bid and written acceptance by the City shall constitute an agreement and has hereby agreed
to all the terms and conditions set forth in all of the sheets which make up this invitation.
Responding to an Invitation For Bids I F B 2 1 -0 4 t o provide roadside maintenance for assigned street
routes located within the City of Palm Springs, the undersigned bidder proposes and agrees to provide the
services and work in accordance with the specifications. I/VVe will accept as full payment therefore the
following amount. NOTE: BIDDERS MUST COMPLETE SCHEDULE .. A" AND SCHEDULE "B".
Note: Offeror should state the hourly rate for personnel provided for in this Contract and which will apply to
all mrk of the Contract. The hourly rate shall constitute the sole basis for payment and include all associated
costs or charges i.e., vehicle, supplies, communication devices, insuran~. uniforms, (not all inclusive).
SQHEQULE "A 0
• Rate for Roadside maintenance and transient camp clean-up work based on 8 hours per
day, seven days a week per employee and includes all associated costs for the crew. 'Crew' for purposes of
this bid is defined as Offerors estimate number of employees required to perform the tasks as detailed in the
scope of work for roadside maintenance and transient camp clean-up within the city boundaries.
Title: Unit Cost Annual Hours Annual Cost
Crew: $ per/hr. X 2824 hrs. = $
Vehicle & Supplies: $ per/day X 354 days = $
SUBTOTAL: $
SCHEDULE 11 Bn. Rate for Emergency Call Out, based on an estimate of 70 hours annually.
OVERTIME HOURS:
Title: Unit Cost Annual Hours Annual Cost
Crew: per/hr. X X 70 hrs. = $
Vehicle & Supplies: per/day X 1 day = $
SUBTOTAL: $
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GRAND TOTAL QE BID SCHEDULES "A and B" ;
Total Amount in Words: ____________________________ _
Total Amount in Figures: $ __________________________ _
It is understood and agreed that this Bid may not be withdrawn until sixty (60) days from the date of the
opening thereof, and at no time after award of Bid. Prices to remain fixed for initial contract period of 3 years .
PRICING fOB INITIAL 3 VEAR JEBM AND cp1 ADJUSTMENT§ EQB OPTIONAL RENEWALS:
For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years
4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer
Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the
anniversary date. Optional renevval years 4 and 5, and any associat~ CPI increase, are at the mutual
consent of the City and the Contractor.
Delivery/Schedule for Performance: The bidder must indicate on this Bid Proposal page the time
required for delivery, in number of calendar days, after receipt of order (ARO). Delivery may be a factor
in award of bid and may be cause for rejection, as determined by the City. The w:>rk and/or services to
be performed by Vendor pursuant to the purchase order shall be completed by Vendor within time required
for delivery indicated below, unless City approves in vvriting a revised delivery schedule.
Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and
install after receipt of order (ARO): DAYS (ARO) *PeHvecv may be a factor in award
It is understood and agreed that this bid may not be withdravvn for a period of ninety (90) days from the
date of opening thereof, and at no time in the case of the Successful Bidder.
CHECK IF JJ:1E FOLLOWING STATEMENT Appues:
___ My firm/company is a Local Business (Licensed 'Mthin the jurisdiction of the Coachella Valley).
copy of current business license ;s mguired to be attached to this document,
NQJE· Ibi& page Musr he roooyally s;gn@d
Certified by:
Signature of Authorized Person
Printed Name
Title
Date
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Who Must File?
ATTACHMENT •c•
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the
application, and seek a City approval determined by a vote of City officials. Examples Include
corporations, Umlted liability companies, trusts, etc. that seek a City Council approval. or an approval
by one of the City's board or commissions.
Why Must I FIie?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government
and assists public officials in avoiding conflicts of interest The City's Public Integrity Ordinance,
codified In Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies
(and other legal entities that are not natural people) doing business in the community are transparent
and make disclosure as to their ownership and management. and further that those companies
disclose the identity of any person, with an ownership interest worth two thouSc1nd dollars ($2,000) or
more, who has a material financial relationship with any elected or appointed voting City official, or
with the City Manager or City Attorney.
fJ.2ml A material tlnanclal relationship Is a relationship befween someone who Is an
ownerRnvestor In the applicant entity and a voting offk:lal (or the City Manager or City
Attorney), which relationship Includes any of the following:
(1J the owner/investor and the official havo done bu$/nBS$ together during the year prtor to the
application;
(2) the official has earned income from the owner/investor during the year prior to the tiling of the
application;
(3) the ownerlmvestor has given the official gifts worth fifty dollars ($50) or more during the year
prior to the filing of the application; or
(4} the official might reasonably be anticipated to gain or lose money or a thing of value, based
upon the owner/investor's intemst in the applicant entity, in relation to the application's
outcome.
When Must I File?
You must file this form with the Office of the City Cterk at the same time when you file your application
for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees,
and other fiduciaries serving trusts or other types of organizations (attomeys, accountants,
etc.).
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tl!ll!: (1} only trusts or other organizations th8t are not the fiduciaries, (2) if a second entity that is not
a n~tural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers,
dit&Ctors. members, managers. trustees, etc .• of th8 second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or
more who have a material financial relationship with an elected or appointed City official who
will vote on the appHcant's application, or with the City Manager or City Attorney.
PENALTIES
Falsification of information or failure to report Information required to be reported
may subject you to administrative action by the City.
fr'Jbere are some addltlonal supplementary lnsfnlctlons w1fh an example following the form
should you need further t;larlflcation.
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7. OWnersllnvestors with a 5% beneficial Interest In the Applicant Entity or a related
entity
EXAMPLE
JANE DOE 50%ABC COMPANY. Inc.
(name of owner/investor] (percentage of beneficial interest in entity
and name of entity)
A. s~~e¼,y,. ij . &-vfj-e "' % ~c)U?_~~~~
(name of owner/investor) (percentage of beneficial interest in entity
~ and name of entity]
-
t~~ :316 ~ uu_ ~t~
(name of owner/Investor] (percentage of beneficial Interest In entity
and name of entity)
C.
(name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] (percentage of beneficial interest In entity
and name of entity]
E.
[name of owner/investor) [percentage of beneflciat interest in entity
and name of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, TiUe Date
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City of Palm Springs, CA.
Buslnea• Disclosure Supplementary ln$tructiona
In an effort to ensure we capture the required business entity information in accordance with the attached
instructions. we provide you these supplementary instructions to clearfy identify the required information, and
the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also
comprised of other business entities as its members or having a financial interest. all other such business
entities must also be disclosed, including those entities other business entities. if any.
Ultimately, the City's disclosure document (attached) requires a fisting identifying all natural persons having
any financial interest over 5% of the business entities (and any other business entities comprising your
business entity).
As an example, Applicant Is: Aane Brothers, Inc .• a Califomia corporation, whose officers are: John Doe,
Jill Doe. and Jay Doe, whieh is owned 500/o by Acme Brothers, LLC, a California limited liability company,
and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC. is managed by Aane Brothers
2. Inc., a California corporation, whOH officers are: George Doe, Bill Doe, and Jane Doe, which is owned
100% by Acme Brothers 2. LLC, a California limited liability company, which is managed by George Doe,
with George Doe and Jane Doe having SOo/4 interest each.
The full business entity disclosure In this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a catifomia timited liability company
ii. 25% John Doe
Ill. 25% Jill Doe
2. Acme Brothers. LLC. a California limited liability company
a. Managers: Acme Brothers 2. Inc., a California corporation
b. Ownership: 100% Aane Brothers 2, Inc •• a California corporation
3. Aane Brothers 2, Inc .• a California corporation
a. Officers: George Doe. Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a carlfomia fimited liabmty company
4. Acme Brothers 2, LLC, a California limited liability company
a. Managers: George Doe
b. OWnership:
1.50%
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HREVISED,.. BID SCHEDULE/PRICING PAGES (IFS 21-84)
PROVEE ROADSIDE AND TRANSIENT MAINTENANCE RE-BID
QUE; JUESQAY, MARCH 3Q 2921 AJ 3·0Q P,M b9G6b JtME
CORRECTION OF INSTRUCTIONS AND BID DOCUMENTS TO PROPOSERS:
The following correctJon ls being made to the Notice to Invitation For Bid
(IFS 21•04} Roadside and Transient Maintenance
THIS REVISED BID SCHEDULE MUST BE SUBMITTED W1TH BID. DO NOT SUBMIT THE ORIGINAL BID
SCHEDULE. FAILURE TO SUBMIT THIS REVISED BID SCHEDULE WILL RENDER YOUR BID AS NON-
RESPONSIVE.
Bidders' signed bid and written acceptance by the City shall constitute an agreement and has hereby agreed
to all the tenns and conditions set forth in all of the sheets which make up this invitation.
Responding to an Invitation For Bids I F B 2 1 - 0 4 t o provide roadside maintenance for assigned street
routes located within the City of Palm Springs. the undersigned bidder proposes and agrees to provide the
services and work In accordance with the specifications. I/We will accept as full payment therefore the
following amount. NOTE: BIDDERS MUST COMPLETE SCHEDULE ·A" AND SCHEDULE ·a".
Note: Offeror should state the hourly rate for personnel provided for in this Contract and which will apply to
all work of the Contract. The hourly rate shall constitute the sole basis for payment and include all associated
costs or charges i.e., vehicle, supplies. communication devices. insurance. unifonns. (not all inclusive).
§CHEQYLE 0 A"; Rate for Roadside maintenance and transient camp clean-up work based on 8 hours per
day, seven days a week per employee and includes all associated costs for the crew. 'Crew' for purposes of
this bid is defined as Offerors estimate number of employees required to perfonn the tasks as detailed in the
scope of work for roadside maintenance and transient camp clean-up within the city boundaries.
Title: t~~ Unit Cost Annual Hours Annual Cost
Crew: a $ Y7 per/hr. X 2824 hrs. = $13",1~
Vehicie & Supplies: $ ~L{Co per/day X 354 days = $ ~~ ,ogt1
SUBTOTAL: S~lq,(t/~
SCHEDULE "B"· Rate for Emergency Call Out, based on an estimate of 70 hours annually.
OVERTIME HOURS:
Title: OT Unit Cost Annual Hours Annual Cost
Crew: ~ L/ 0 per/hr. X X 70hrs. .::: $ 'J, '("00
Vehicle & Supplies: ti.5 per/day X 1 day = $ '1S--
SUBTOTAL: $ ~,'nS
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9. Number of years• experience as a contrador in this specific type of work: o01 )$.
10. List the name and title of the person who wiU supervise full-time the proposed W0f'k for this
project:
11. ts fulf-time supervisor an employee / contract service ___ ?
12. A financial statement or other infom,ation and references sufficiently comprehensive to pennit
an appraisal of your current financial condition may be required by the City. 'WAIVED•
SSS15 IA16S\3?399992.2
Revised: Sft/2039
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INVITATION FOR BIO
FOR
ROADSIDE AND TRANSIENT MAINTENANCE (21-04) RE.SID
ADDENDUM NO. 1
This Addendum is being Issued for the following changes and lnfonnational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON
THE PREVIOUSLY ISSUED SPECIFICATIONS ANO INSTRUCTIONS ANO SHALL BE
REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following que$tlons and Is hereby providing answers thereto:
Q 1 : Since this is a 3 year contract, is the bond required to be multi-year or is it to be
renewable each year?
A 1: Payment Bond Is waived
Q 2: On the bid sheet, the crew section states hours for the year at 2,080 while the
truck usage states 197. Is this variance intentional and if so, why?
A 2: Unit of measure for crew Is hourly while vehicle Is dally
a 3: The scope of work mentions that the contract days are Sunday-Saturday. Is work
only to be done Monday -Friday given that the hour1y allotment for the yearly
hours total is 2,080 (40 hr week)?
A 3: See revised Schedule "An for the correct hours. Bid must utilize
"REVISEDn pricing page to be considered responsive.
a 4: How will palm trees be handled if required for service? If I add a price for annual
clean up. it could be much higher than a one-time frond cleaning on a single tree.
Is the frond dean up only pertaining to what falls to the ground?
A 4: This pertains to only fronds that have fallen to the ground. Palm frond
clean-up is to be performed daily, and Includes removal of fallen palm
fronds within City limits.
a 5: The bid sheets notes a crew cost line item. Are we to assume that this Is the cost
for a single crew? And if so, how will it be handled if two (2) crews are needed to
manage the work effectively?
A 5: Offeror should state the hourly rate for personnel provided for In this
Contract and which will apply to all worlc of the Contract. The hourly rate
shall constitute the sole basis for payment and Include all associated costs
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EXHIBIT "D"
SCHEDULE OF COMPENSATION
SCHEDULE "A": Rate for Roadside maintenance and transient camp clean-up work based on 8 hours per
day, seven days a week per employee and includes all associated costs for the crew. 'Crew' for purposes of
this bid is defined as Offerors estimate number of employees required to perform the tasks as detailed in the
scope of work for roadside maintenance and transient camp clean-up within the city boundaries.
Title: DAY Unit Cost Annual Hours Annual Cost
Crew: 2 $ 47.00 per/hr. X 2824 hrs. = $132,728.00
Vehicle & Supplies: $ 246 per/day X 354 days = $ 87,084.00
SUBTOTAL: $219,812.00
SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually.
OVERTIME HOURS:
Title: OT Unit Cost Annual Hours Annual Cost
Crew: 2 40 per/hr. X X 70 hrs. = $2,800.00
Vehicle & Supplies: 75 per/day X 1 day = $ 75.00
SUBTOTAL: $2,875.00
GRAND TOTAL OF BID SCHEDULES "A and B" :
Total Amount in Words: Two Hundred Twenty Two Thousand 1 Six Hundred Eight Seven Dollars
Total Amount in
Figures: $ 222 687.00
It is understood and agreed that this Bid may not be withdrawn until sixty (60) days from the date of the
opening thereof, and at no time after award of Bid. Prices to remain fixed for initial contract term, through
June 30, 2024.
PRICING FOR INITIAL TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS:
For the initial term of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5,
Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price
Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary
date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the
City and the Contractor.
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Delivery/Schedule for Performance: The bidder must indicate on this Bid Proposal page the time
required for delivery, in number of calendar days, after receipt of order (ARO). Delivery may be a factor
in award of bid and may be cause for rejection, as determined by the City. The work and/or services to
be performed by Vendor pursuant to the purchase order shall be completed by Vendor within time required
for delivery indicated below, unless City approves in writing a revised delivery schedule.
Delivery/ Installation Time: Indicate time in calendar days, required for lead time, delivery and
install after receipt of order (ARO): o DAYS (ARO) *Deliyery may be a factor in award.
It is understood and agreed that this bid may not be withdrawn for a period of ninety (90) days from the
date of opening thereof, and at no time in the case of the Successful Bidder.
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A.
8.
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
WORK HOURS: Regular work hours consist of 8:00 A.M. to 3:30 P.M. Sunday through Saturday,
unless otherwise modified by Contract Administrator or their designee. Any hours worked other than
the regularly scheduled hours are considered "emergency call-out" hours, and will be scheduled only
at the direction of the Contract Administrator.
Contractor has the right to modify the regular work hours/days upon 30 days written notice and
approval by the Contract Administrator; however, regular work hours will not exceed 8 hours per day
or 40 hours per week, per employee.
Emergency call-out hours may be necessary in the case of downed trees, storm debris in right-or-
ways, or any condition endangering the safety of the public. The Contractor must respond to an
emergency call-out within one (1) hour. Hours worked on an emergency basis will be logged on a
City provided 'Emergency over time' form, and will be attached on the Contractor's invoice as
"emergency call-out hours".
Contractor shall make Lead Workers available for a weekly meeting with City Contract Administrator
and/or designee. Supervisor and/or Area Manager for Contractor shall be available for quarterly
meetings with City Contractor Administrator and/or designee.
Except in the case of an emergency call-out, there will be no work scheduled on days that the City is
closed for holidays: New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas
Eve, and Christmas Day.
INITIAL TERM: The initial term shall commence April 22, 2021 and continuing through June 30, 2024.
Upon mutual agreement the parties may renew this contract for an additional two (2), one (1) year
terms, as follows:
(1) Option year one, if exercised, shall be effective July 1, 2024, through June 30, 2025.
(2) Option year two, if exercised, shall be effective July 1, 2025, through June 30, 2026.
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