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12/6/2006 - STAFF REPORTS - 2.L.
OF ?ALM S A C U City Council Staff Report C"q�IpORIaP DATE: December 6, 2006 CONSENT CALENDAR SUBJECT: APPROVAL OF AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA FOR ROADSIDE MAINTENANCE SERVICES FROM: City Manager BY: Director of Public Works/City Engineer SUMMARY Adoption ofthis minute orderwill approve an agreementfor roadside maintenance services with Goodwill Industries of Southern California for a period of three years with two one-year extensions, upon mutual consent of the Director of Public Works and Goodwill Industries. RECOMMENDATION: 1) Approve Minute Order No. "APPROVING AGREEMENT NO. WITH GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA FOR ROADSIDE MAINTENANCE SERVICES FOR AN ESTIMATED MONTHLY AMOUNT OF $6,509.27, NOT TO EXCEED $78,11120 PER YEAR FOR THREE YEARS WITH TWO ONE-YEAR EXTENSIONS UPON MUTUAL CONSENT OF DIRECTOR OF PUBLIC WORKS AND GOODWILL INDUSTRIES." 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City contracts out services for roadside cleanup along six designated routes. The work consists of general cleanup of litter, debris and palm fronds. The existing agreement with Commercial Cleaning Specialists, Incorporated expires on January 2, 2007. Council has not authorized any further extensions to this contract. Accordingly, the Procurement Division issued Invitation For Bids#07-02 on October 23, 2006 and published in the Public Record on October 24, 2006. On November 15, 2006 the Procurement Division received the following bids: Goodwill Industries of Southern California Panorama City, CA $78,111.20 Merchants Landscape Services, Incorporated Palm Springs, CA $86,304.00 Commercial Cleaning Specialists, Incorporated Palm Desert, CA $99,216.00 ITEM NO. & City Council Staff Report December 6, 2006-Page 2 Goodwill Industries-Roadside Maintenance Goodwill Industries of Southern California with offices in Panorama City, is a corporation, whose officers are Douglas H. Barr, President/CEO and W. Craig Smith, Chief Operating Officer. Staff reviewed references from Arrowhead Vista Apartment Complex in San Bernardino, State of California Development Services Department in Canyon Springs and the City of Long Beach and received very favorable comments for their work in custodial and ground maintenance. The City of Long Beach representative stated that she wished Goodwill Industries did all of their maintenance contract work. Staff recommends that the Council award the bid to Goodwill Industries of Southern California as the lowest responsible, responsive bidder for a three-year term. The terms of the agreement provide that in addition to the three year contract term, two additional one-year extensions are authorized upon mutual consent of the City's Public Works Director and Goodwill Industries. Should the renewal be exercised, the hourly rates bid shall be adjusted once based on the Regional"Los Angeles/Riverside/Anaheim"Consumer Price Index for the prior month to be effective on the anniversary date of the contract. If the optional fifth year renewal is exercised, the rates will remain the same as the those in year four, with no additional adjustment. FISCAL IMPACT: Finance Director Review: Funds for this agreement are available in account number 124-4242-43200 (Street Cleaning - Contractual Services). G lvlo:� David J. Barakian Thomas J. Wils Director of Public Works/City Engineer Assistant City Manager-Development Services David H. Ready City Manager Attachments: 1. Minute Order 2. Agreement O©�52 MINUTE ORDER NO. ' APPROVING AGREEMENT NO. WITH GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA FOR ROADSIDE MAINTENANCE SERVICES FOR AN ESTIMATED MONTHLY AMOUNT OF $6,509.27, NOT TO EXCEED $78,111.20 PER YEAR FOR THREE YEARS WITH TWO ONE-YEAR EXTENSIONS UPON MUTUAL CONSENT OF DIRECTOR OF PUBLIC WORKS AND GOODWILL INDUSTRIES I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that this Minute Order Approving Agreement No. with Goodwill Industries of Southern California for roadside maintenance services for an estimated monthly amount of $6,509.27, not to exceed$78,111.20 per year for three years with two one-year extensions upon mutual consent of Director of Public Works and Goodwill Industries was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 61h day of December, 2006. James Thompson, City Clerk CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Roadside Maintenance THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2006, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City")and Goodwill Industries of Southern California, (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. 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 services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by 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 services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,assessments,taxes penalties or interest levied,assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, 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 services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, 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 Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents,plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence- 1 CY�^,I 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both 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. Unless hereafter specified, neither party shall be responsible for the service of the other. 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 said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Hundred Thirty-Four Thousand Three Hundred Thirty Three Dollars and Sixty Cents, ($234.333.60) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first(1 st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 73, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 3.2 Schedule of Performance. Contractor shall commence the services pursuant to 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" attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods, epidemics, quarantine restrictions, riots,strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10)days of the commencement of such delay notifythe Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement,however caused,Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Re re esentative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Mr.Garrick Hullon, Facility Manager; Douglas H.Barr, President/CEO;W.Craig Smith,COO. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were asubstential inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. ' For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. Contract Officer to be Sherman Ferguson, Street Maintenance Superintendent. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the i Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, ' knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be i transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting 3 41(1 i in concert of more than twenty five percent (25%) of the present ownership and/or control of i 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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein,except as otherwise set forth herein. 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 perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractorwith only such obligations as are consistentwith that role. Contractor shall not at any time or in any manner represent that it or any of its agents or ' employees are agents or employees of City. City shall not in anyway or for any purpose becomeor be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a I member of any joint enterprise with Contractor. I 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons ordamages to property resulting from Consultant's performance underthis Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers'compensation laws. Such insurance shall be kept in full force and effect during ' the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials,officers,employees,agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. i A. Minimum Scope of Insurance. The minimum amount of insurance required I hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least five hundred thousand dollars ($500,000) combined single limit coverage per occurrence; 2. Automobile liability insurance with limits of at least five hundred thousand dollars ($500,000) per occurrence; 4 3. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) per occurrence. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers- B. Sufficiency of Insurers. Insurance required herein 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 of B++, Class VIII, or better, unless otherwise acceptable to the City. C. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting 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 Consultant'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. Verification of Insurance Coverage may be provided by: (1) an approved General and/or Liability Endorsement 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: • 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). t 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 below. 4. Both the Workers'Compensation and Employers'Liability policies shall contain the insurer's waive of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See example below. i ' In addition to the endorsements listed above, the City of Palm Springs shall be named the i certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work - ' commences. Failure to obtain the required documents prior to the commencement of work shall not waive the contractor's obligation to provide them- 5 D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. ' E. Severabilityof Interests(Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. i 5.2 Indemnification. Contractor agrees to indemnify the City, its officers,agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims,damages to persons or property, losses, costs, penalties,obligations,errors, omissions or liabilities,(herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder,or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, ' its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; ! (b) Contractorwill promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with i the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers,agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5A Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A"or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manageror designee of the City ("City Manager")due to unique circumstances. 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 and the 6 y�� � performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Managerto the City Council of Citywithin ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed,Contractor shall promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services,the estimated increased or decreased cost estimate forthe project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and 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 times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents 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 delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and 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 hereunder. Any use of such completed documents for other projects and/or use of uncompleted 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 damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The 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. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and 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 appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7 7.2 Disputes. In the event of any dispute arising under this Agreement, the ' injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing orfailing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. i 7.5 Rights and Remedies are 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. 7.6 Legal Action. In addition to any other rights or remedies, either party may ' take legal action, in law or in equity, to cure, correct or remedy any default, to 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. i 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($ _0_ ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance(Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement exceptas specifically provided in thefollowing Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that i where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. 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 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and 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. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in anyway connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 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. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under orthrough them,thatthere shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9 I 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply_ 9.3 Integration:Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9A Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder 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. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party 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 said party is bound. SIGNATURES ON NEXT PAGE 10 p SFr IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR: Goodwill Industries of Southern California Check one:_Individual_Partnership_Corporation 14565 Lanark Street Panorama City, CA 91402 Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer Assistant Treasurer,or Chief Financial Officer). By: By: Signature(notarized) Signature(notarized) Name: Name: Title: Title: State of I State of I County of Iss County of iss i i On On before me, before me, personally appeared personally appeared 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)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me Subscribed to the within instrument and acknowledged to me I � that he/she/they executed the same in his/her/their authorized that helshe/they executed the same in his/her/their authorized capaoity(les), and that by his/her/their signature(s) on the Capacity(ICS), and that by his/her/their signature(S) on the I 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. I WITNESS my hand and official seal. I WITNESS my hand and official seal Notary Signature: Notary Signature: r Notary Seal: Notary Seal: r , r r I 11 EXHIBIT "A" SCOPE OF SERVICES I. BASIC FUNCTION: Under the direction of the Contract Administrator or his designee, remove debris and vegetation from specified City streets and rights-of-way. 2. SCOPE OF WORK: Maintain six(6)assigned street routes(Exhibit"A-1"attached)located within the City of Palm Springs by policing and litter pick-up to remove paper, glass, trash, vegetation, and other accumulated debris from City streets and right-of-ways; from centerline of road to 10 feet off of road edge in both direction. All routes should be completed once during each ten (10) business day work period. Perform a City-wide palm frond route when directed by the Contract Administrator or his designee. During normal work hours, respond within thirty(30)minutes to radio,or telephone requests from the City's Street Maintenance staff 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, vegetation, and rain and wind storms, transient camp cleanup (trash bedding and other personal effects) as directed by City's Contract Officer. The i Contractor must be prepared to respond to changing work assignments. An example is: • being pulled off of an assigned route to respond to a request bythe Contract Administrator, or his 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 and hours worked that is turned into the City's Street Supervisor at the end of the work shift (log sheet will be provided by the Contract Administrator). Contractor shall provide phone number, pager number for all personnel on a Call-Out list. 3. WORK HOURS: Regular work hours consist of 6:30 A.M. to 3:00 P.M. Monday through Friday. 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 to the Contract Administrator; however, regular work hours will not exceed 8 hours per day nor 40 hours per week. 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 in the same way as regular hours, and will be indicated on the Contractor's invoice as "emergency call-out hours 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, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day. It is anticipated there will be sufficient workload to use the approximate 320 labor hours available per month (2-man crew, 8 hrs per day, 5 days per week). However, there may be occasions when the City determines there is inadequate workload and may choose to require the crew to work less than eight hours per day. Therefore, it is imperative that the Contractor's bid proposal be on an hourly basis. The hourly rate must include the cost of equipment, insurance, uniforms or any other costs associated with this work. The Contractor will bill the City monthly using the number of hours worked as the basis for payment. Individuals assigned to this program will, in addition to daily log sheets, be required to record hours worked on a daily basis at the direction of the City official. 4. PERSONNEL. Roadside Maintenance Crew shall consist of two-person crew,both capable of lifting up to 100 Ibs in weight. The lead worker of each crew must be able to understand, read, and write English, possess an appropriate valid California Driver's License, and have knowledge of how to use the equipment listed below. One of the crew members will be designated as a lead worker and will be the primary point of contact to receive and implement instructions. Within 60 days of contract implementation a minimum of one individual member of the crew on duty must possess a certificate of training in Work Zone Traffic Control The certificate must be issued by the International Municipal Signal Association,the University of California Institute of Transportation Studies or an equivalent training program approved by the City. The Contractor will be responsible for any cost associated with Traffic Control Certification. To provide for continuity, rotation of individuals assigned to this program must be held to a minimum. The City may, at it's sole discretion, direct or allow the Contractor to use a single person to provide the required services. Such work, when authorized by the City, will be governed by the rates proposed in Schedule "A" , or in the case of an emergency, Schedule "6". Except when directed otherwise, the Contractor will be required to provide a 2-man crew. 5. MINIMUM EQUIPMENT NEEDED: A four-wheel drive vehicle equipped with a flashing arrow sign (FAS), and caution light. Vehicle must have a hauling bed or pull trailer with a capacity no less than 10 feet long, five feet wide, with side boards at least five feet high. Anticipated mileage is in excess of 2,000 miles per month. Small hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed-eaters, and safety equipment, are required. Radio and Pager will be provided by the City. Contractor will be held responsible for loss and/or damage of equipment provided by the City- 6- 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. 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 his own disposal arrangements, or termination of the Contract. it 1�'l•� J 13 ' EXHIBIT"A-1" STREET LIST & MAPS ROADSIDE MAINTENANCE 131-WEEKLY ROUTES ROUTE 1 From: To: Palm Canyon Dr Vista Chino Gene Autry Trl Gateway Dr Hwy 111 Las Vegas Rd Las Vegas Rd Indian Canyon Dr Gateway Dr Tramview Rd Indian Canyon Dr West End ROUTE 2 From: To: Vista Chino Gene Autry Whitewater Wash El Mirador Ave Caballeros Sunrise Wy Tachevah Dr Ave Caballeros Sunrise Wy Amado Rd Calle El Segundo Sunrise Wy Baristo Rd El Cielo Farrell Dr ROUTE 3 From: To: Ramon Rd La Mirada Belardo Rd Crossley Rd Ramon Rd Avenue 34 El Cielo Rd Escoba Rd & Bike Path Sunny Dunes Rd Ramon Rd El Cielo (including Medians) San Luis Rey Ramon Rd San Luis Rey (So. Side only) Ramon Bridge Mesquite Rd Vella Rd Crossley Rd San Luis Rey Mesquite Rd Ramon Rd Sunny Dunes Rd Gene Autry Trl Crossley Rd Camino Parocella San Luis Rey Gene Autry Trl Indian Springs Crossley Rd Rio Blanco Rio Blanco Indian Springs San Luis Rey Public Rd Sunny Dunes Rd Camino Parocela Vella Rd (W. Side only) Sunny Dunes Rd Mesquite Rd ROUTE 4 From: To: S. Palm Canyon Dr E. Palm Canyon Dr South End Belardo Rd Alejo Rd Sunny Dunes Rd Sunny Dunes Rd S. Palm Cnyn Dr Belardo Rd Alejo Rd Palm Springs Airport Vine Rd Mesquite Ave S. Palm Cnyn Dr West End Bogert Trl S. Palm Canyon Dr Bogert TrI Bridge Laverne Wy Camino Real (South side) Calle Palo Fierro ROUTES From: To: Farrell Dr Tamarisk Rd Vista Chino Ave Caballeros Racquet Club Rd Via Escuela Ave Caballeros Alejo Rd Saturnino Rd Calle Encilia Alejo Rd Ramon Rd Calle El Segundo Alejo Rd Ramon Rd 14 EXHIBIT"A-1" STREET LIST& MAPS ROADSIDE MAINTENANCE BI-WEEKLY ROUTES (cunt.) �� 67 From; To: Radio Rd. McCarthy Indian Indian Canyon Dr Vista Chino Interstate 10 Indian Canyon Dr(W.Side only) Interstate 10 18th Ave Garnet Rd. East End W.City Limits 20th Avenue W. City Limits Indian Cnyn Dr Dillon Rd Melissa Ln Diablo Rd Tipton Rd Hwy 111 Interstate 10 Wendy Rd Tipton Rd North End Salvia Rd West End East End Gene Autry Trl(Palm Dr.) Interstate 10 Vista Chino Executive Dr Vista Chino Via Escuela Via Escuela Executive Dr (North side) Whitewater Club From: To: Palm Cnyn Dr Gateway Farrell Dr Indian Cnyn Dr Vista Chino Ramon Rd Tahquitz Cnyn Wy Palm Cnyn Dr El Cielo Cerritos Dr Ramon Rd Camino Parocela Camino Parocella Cerritos Dr Sunrise Wy Frontage Rd Camino Parocella Cerritos Dr Palm Frond Route (Route F) to be completed as instructed by Supervisor; usually following adverse weather conditions (i.e.) wind, rain, etc. 15 t=carz- alt -LP Z2 f I I}J k"ail S15�i5P1 WONhK I. r s r Ly nur,Lu3s3a �t- b� J Od ��j f1.1 v I i 6 RT I I _ Zl SE wmv CIL _ LL '<! 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Ptl `(IifNItlJ �. $" 3 C + �, Tti� n Or duo r-In sul w,� =Ntl" ril w�'M_� a xewn:nn N s Anm of or,,^a ' '.�<a VI N 9.'�•n.•�Im7:xr: •�-0 fissre I �`•`_ • 'Jt �j1 � li°rc"ii' n_ N eI UR .,q�y3t��1R`Rss3�� a�sp,• \ \.\ � I�,,,y„ ��" �s" � N • '� .. � ^tldtl5..9VJEvR 1Gfi \ ~`t�.t � �'-�+'�1�2 n. ° __ .ate-- -" l / m i o �'I 4- dVW �1j 335 I _ EXHIBIT "B" SPECIAL REQUIREMENTS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement 5.3 Performance Bond - Performance Bond requirement is hereby waived 26 EXHIBIT "C" SCHEDULE OF COMPENSATION Schedule A. Rates for roadside maintenance work including all equipment, supplies, insurance, uniforms and other associated costs: Lead Worker $15.25 per hour Worker $12.25 per hour Vehicle & Supplies $ 9.25 per hour Schedule B: Rates for emergency call-outs including all equipment, supplies, insurance, uniforms and other associated costs: Lead Worker: Overtime $22.85 per hour Holiday $30.50 per hour Regular $15.25 per hour Worker: Overtime $17,60 per hour Holiday $23.50 per hour Regular $11.75 per hour Vehicle & Supplies: Overtime $ 9.25 per hour Holiday $ 9.25 per hour Regular $ 9,25 per hour Invoices shall be submitted to the Contract Officer for approval. Contractor shall bill the City monthly using the number of hours worked as the basis for payment. Individuals assigned to this program shall, in addition to daily log sheets, record hours worked on a daily basis at the direction of the Contract Officer. Such logs shall be submitted to the Contract Officer upon request. 27 EXHIBIT "D" SCHEDULE OF PERFORMANCE TERM OF CONTRACT: The term of this Contract will be three (3) years from date of award, with two (2) one-year (1-year) renewal options upon mutual consent of the City's Director of Public Works and the Contractor. COMPENSATION: The first three (3)years of the contract will be paid monthly at the hourly rates bid. If the optional fourth year renewal is exercised, the hourly rates bid shall be adjusted once based on the regional (Los Angeles/Riverside/Anaheim) Consumer Price Index (CPI) for the prior twelve months, to be effective on the anniversary date of the Contract. If the optional fifth year renewal is exercised, the rates will remain the same as those in year four, with no additional adjustment. WORK HOURS: Please see Exhibit "A", #3, "Work Hours" 28