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HomeMy WebLinkAbout10/4/2006 - STAFF REPORTS - 2.D.CITY COUNCIL STAFF REPORT DATE: October 4, 2006 CONSENT CALENDAR SUBJECT: APPROVE AMENDMENT #1 TO AGREEMENT #5058 WITH ASBURY ENVIRONMENTAL SERVICES FROM: David H. Ready, City Manager BY: Assistant City Manager — Administrative Services SUMMARY On November 19, 2003, City Council approved Agreement #4800 with Asbury Environmental Services for the collection, transportation, disposal, and/or destruction of waste materials generated at the Palm Springs International Airport. The term of the agreement was for three years, expiring October 20, 2006. On March 17, 2005, the City entered into a second agreement (#5058) with this same vendor for similar services for the City's Fleet Operations and Facilities Maintenance divisions. The term of that agreement was also for three years, expiring March 17, 2008, with a total compensation of $24,000, In an effort to eliminate repetitive processes and contract duplication, staff is recommending that Agreement #5058 be amended to include the scope of services for the Airport so that there is only one contract with this vendor for all of these services and the total compensation be increased to a not to exceed amount of $50,000. RECOMMENDATION: I. Adopt Minute Order No. , approving Amendment #1 to Agreement #5058 with Asbury Environmental Services incorporating the Airport scope of services, schedule of compensation, schedule of performance, and increasing the total not to exceed contract amount to $50,000. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: In 2003, the City entered into a three year agreement, #4800, with Asbury Environmental Services to collect, transport, and properly dispose and/or destroy various waste materials generated at the Airport. This agreement expires October 20, ITEM NO. Z.M. City Council Staff Report October 4, 2006 -- Page 2 Amendment #1 to Asbury A#5058 2006. In 2005, the City entered into a second agreement (#5058) with this same vendor for the same services for the City's Fleet Operations and Facilities Maintenance divisions. This agreement does not expire until March 17, 2008, with a total compensation of $24,000. In an effort to eliminate having two contracts with the same vendor for the same services expiring on different dates, staff is recommending that Agreement #5058 be amended to include the scope of services for the Airport so that there is only one contract with this vendor for all of these services and the total compensation be increased to $50,000. The vendor has agreed to maintain current rate schedule with no cost increase. FISCAL IMPACT: IFinance Director Review: Funds for these services are budgeted by each using division in the following accounts: 6470-42040 (Fleet), 5641-43240 (Facilities) and 6050-43200 (Airport)_ � y L. B11ty off As 'stant tanager Attachment: Minute Order David H. Ready City Manager City Council Staff Report October 4, 2006 -- Page 3 Amendment #1 to Asbury A#5058 MINUTE ORDER NO. APPROVING AMENDMENT #1 TO AGREEMENT #5058 WITH ASBURY ENVIRONMENTAL SERVICES INCORPORATING THE AIRPORT SCOPE OF SERVICES, SCHEDULE OF COMPENSATION, SCHEDULE OF PERFORMANCE AND INCREASING THE TOTAL CONTRACT AMOUNT TO $50,000. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving Amendment #1 to Agreement #5058 with Asbury Environmental Services incorporating the Airport scope of services, schedule of compensation, schedule of performance and increasing the total contract amount to $50,000, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 4th day of October, 2006. James Thompson, City Clerk AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR THE COLLECTION, TRANSPORTATION, DISPOSAL AND/OR DESTRUCTION OF WASTE MATERIALS (Agreement No. 5058) THIS FIRST AMENDMENT to the Contract Services Agreement No. 5058 for the collection, transportation, disposal, and/or destruction of waste materials (the "Amendment"), is made and entered into to be effective on the day of , 2006 by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Asbury Environmental Services, a California corporation (hereinafter referred to as the "Contractor") (collectively, the "Parties"). RECITALS A. City and Contractor previously entered into a contract services agreement for the collection, transportation, disposal, and/or destruction of waste materials at the City's Fleet Operations and Facilities Maintenance divisions, also referred to as the "Palm Springs City Yard," located at 425 North Civic Drive, Palm Springs, which was made and entered into on March 17, 2005 (the "Agreement"). Unless extended by the Parties, the Agreement will expire on March 17, 2008. B. Section 9.3 of the Agreement provides that the Agreement may be amended at any time with the mutual written consent of the Parties. C. City and Contractor desire to amend the Agreement to authorize Contractor to perform additional services at the Palm Springs International Airport. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Amendment to Section 1.1 of the Aareement. entitled "Scone of Aareement": Section 1.1 of the Agreement is hereby amended in its entirety to read as follows: "Scone of Agreement. This Agreement is to govern services to be provided by Contractor for the proper collection, transportation, treatment, disposal, and/or destruction of various wastes, including, but not limited to, hazardous waste from the property located at 425 North Civic Drive, Palm Springs (the "Palm Springs City Yard"), as well as the property located at 3400 East Tahquitz Canyon Way, Palm Springs (the "Palm Springs International Airport" or "Airport"), hereinafter referred to collectively as either the "Site" orthe "Sites", in the locations described in Exhibit 'A" including any and all testing, In compliance with the terms and conditions of this Agreement, Contractor is to provide all services, including all supervision, labor, equipment, and materials, and all other resources necessary for the proper performance of its obligations as set forth under this Agreement." 2. Amendment to Exhibit "A" of the Aareement. entitled "Scope of Services": Exhibit "A" of the Agreement is hereby amended to include the following additional services, which shall read as follows: 9/13/2006 3t57.55 PM "Contractor shall provide all services, including all supervision, labor, equipment, and materials, and all other resources necessary for the proper collection, transportation, disposal, and/or destruction of waste materials from the Palm Springs International Airport. Waste Materials: Waste materials to be collected from the Palm Springs International Airport include: A) Liquids and solids contained in two (2) oil/water separators connected to the apron draining system for the Airport; and, B) 55-gallon barrels containing waste runway crumb rubber and sand." 3. Amendment to Section 2.1 of the Agreement, entitled "Contract Sum": Section 2.1 of the Agreement is hereby amended in its entirety to read as follows. - "Contract Sum. For the services rendered under this Agreement, Contractor shall be compensated in accordance with the Schedule of Compensation set forth in Exhibit "C," which is attached hereto and is incorporated herein by reference, after: (1) completion of the services to be conducted under this Agreement; (2) the City's receipt of evidence showing that the waste described in Exhibit "A" was properly collected, transported, treated, destroyed, and/or disposed of, and (3) the City's receipt of an invoice thereon. Except as otherwise provided in this Agreement pursuant to paragraph 1.10 above, the total payments to be paid for the services to be provided under this Agreement (collectively, "Contract Sum") shall not exceed a total of fifty thousand dollars ($50,000). Any invoice of services rendered to the City is to contain a complete and accurate description of all work to be charged pursuant to the invoice." 4. Amendment to Exhibit "C" of the Aqreement, entitled "Schedule of Compensation": Exhibit "C" of the Agreement, concerning total compensation, is hereby amended to read as follows: "Total Compensation: Total compensation for services provided hereunder shall not exceed $50,000." 5. Amendment to Exhibit "C" of the Aareement. entitled "Schedule of Compensation": Exhibit "C" of the Agreement, concerning the rate schedule, is hereby amended to include an additional rate schedule, which shall read as follows: "Rate Schedule: For services rendered at the Palm Springs International Airport, services provided by Contractor shall be compensated at the following rates: For OiWVater Separator Waste: Liquids $0.75 per gallon Solids $3.15 per gallon Transportation Fee $71.00 per hour, portal-to-portal Vehicle Clean -out Fee Included in above rates For Runwav Rubber/Sand: 55-gallon drum $210.00 per drum 9/13/2006 3:57t56 PM Transportation Fee $ 45.00 per visit' G. Amendment to Exhibit "D" of the Agreement, entitled "Schedule of Performance": Exhibit "D" of the Agreement is hereby amended to include the following additional provisions: "Scheduling of Services. Services at the Palm Springs International Airport shall be provided on an as -required basis. All services to be performed at the Palm Springs International Airport will be requested by and coordinated with the Airport Maintenance Superintendent. Estimated Frequency of Services: The estimated frequency of services to be performed at the Palm Springs International Airport are as follows: Oil/water separators: 1 servicing of each separator per year; Runway Rubber/Sand: 1 pickup every two years." 7. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 8. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said parry, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 9113/2006 3:57t56 PM 3 IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above. "clTl^, ATTEST: 0 CITY OF PALM SPRINGS, a California charter city and municipal corporation By: James Thompson, City Clerk David H. Ready, City Manager APPROVED AS TO FORM: BY:�2,4: c� r Douglas H. Holland, City Attorney [SIGNATURES CONTINUED ON NEXT PAGE] 9/13/2006 3:57:56 PM 4 "CONTRACTOR" AS13URY ENVIRONMENTAL SERVICES, a California corporation CONTRACTOR: Check one: _Individual Partnership _Corporation Corporations require two notarized signatures. One from each of the Following: A. Chairman of Board, President, or any V ce President AND B, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). Bv- By: Signature (no(arized) Signature (notarized) Name: Name: Title: ll Title: State of f Stale uF County of )SS County of �ss On___before me On before me personally appeared personally appearPrl personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thelr authorized he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capaeity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument person(s) acted, executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Seal: 9/13/2006 3:57:56 PM 5 Notary Signature: Notary Seal: