HomeMy WebLinkAbout1/2/2003 - STAFF REPORTS (7) 71�
DATE: January 2, 2003
TO: City Council
FROM: Procurement&Contracting Directorand Directorof Public Works/City Engineer
CONTRACT FOR ROADSIDE MAINTENANCE SERVICES
RECOMMENDATION:
That the City Council award a 2-year contract with 2 one-year renewal options at
staff's discretion (rate increases, if any, are subject to Council approval) for
roadside maintenance services to Commercial Cleaning Specialists, Inc. of Palm
Desert, California, Invitation for Bid (IFB) No. 03-04, fora 2-year term on a unit rate
basis in accordance with the hourly rates bid and on file in the City Clerk's office
for an estimated monthly amount of$5,752.68 or$69,032.16 per year for 2 years.
SUMMARY:
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 current
2-year contract with Desert Janitor expires on January 3, 2003. The contract was
rebid and the results are attached. The low bid represents an approximate 12%
increase over the current rates.
BACKGROUND:
The purpose of this award is to provide roadside maintenance of specified City
streets and rights-of-way by policing and litter pick-up to remove paper, glass,
trash, undesirable material, vegetation, and other accumulated debris from
centerline of road to ten feet off of road edge in both directions.
Invitations for bids were published in the Desert Sun on December 2, 2002 and
thirteen firms were sent the Request for Proposal. Two bids were received,
opened and read publicly at 3:00 p.m., December 17, 2002, as follows:
1. Commercial Cleaning Specialists, Inc., Palm Desert $ 69,032.16 per year
2. Woods Maintenance Services, Inc., N. Hollywood $114,768.00 per year
The unit rate basis of award proposed will allow the City to make adjustments in the
level of services provided as necessary to maintain the streets and rights-of-way.
The City has historically required approximately 340-350 man hours per month to
provide the necessary level of service.
Staff recommends that City Council award the bid to Commercial Cleaning
Specialists, Inc. of Palm Desert, California, as the lowest responsible, responsive
bidder. The officers of the firm are Ron Hensel, President and Brian Hensel, Vice
President.
Roadside Maintenance Services
January 2, 2003
Page 2
Funds are available forthis purpose in Account No. 001-4240-43200, Street Cleaning
Contractual Services.
l
DAVID J. BARAKIAN HAROLD E. GOOD
Director of Public Works/City Engineer Procurement & Contracting Director
APPROVED:—L� .7�
City Manger
ATTACHMENTS:
1. Minute Order _
REVIEWED BY DEPT. OF FINANCE
CITY OF PALM SPRINGS
Public Works Department
CONTRACT SERVICES AGREEMENT FOR
ROADSIDE MAINTENANCE
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this day of , 2003, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City") and Commercial Cleaning Specialists, Inc.
(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,
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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.
1.7 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 one hundred thirty eight thousand sixty four and 32/100 Dollars, ($138,064.32)
(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 fortime 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 7.3, 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.
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3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractorshall 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 periods) 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 Maieure. 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 notify the 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 Representative 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:
Ronald Hensel, President or Brian Hensel, Vice-President
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial 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. 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
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
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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
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
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 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 any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractorshall procure and maintain,at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language. The Commercial General
Liability Insurance shall name the City, its officers, employees and agents as additional
insured.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
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(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of $1,000,000 bodily injury and property damage, Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit B.
All of the above policies of insurance shall be primary insurance. (Reference Section 5.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No
work or services under this Agreement shall commence until the Contractor has provided the City
with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance, endorsements, or binders are
approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Contractor is required to
maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnifythe 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 payanyjudgment rendered againstthe City,
its officers, agents or employees for any such claims or liabilities arising out of or in connection with
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.
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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.
5.4 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 Manager or 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
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 Manager to 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 for the 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.
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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.
7.2 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 or failing 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.
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.
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
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pay to the City the sum of -0- ($=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 except as specifically provided in the following 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
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 any way 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.
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H:IUSERSIWPPUBLIC103bids1lfb03-04Agmt-Roadside Maintwpd U` /�
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under orthrough them,that there 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. Contractorshall 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.
9.0 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.
9.4 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(1)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)
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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: Check one:_Individual_Partnership_Corporation
Corporations require two notarized signatures: One signature must be from the 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.
By: By:
Notarized Signature of Chairman of Board, Notarized Signature of Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst Treasurer or Chief Financial Officer
Name: Name:
Title: Title:
State of State of I
County of Iss County of Iss
On`__beforeme, On 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
that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacity(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 Signature:
Notary Seal: Notary Seal:
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EXHIBIT "A"
SCOPE OF SERVICES
1. BASIC FUNCTION: Under the direction of the Contract Administrator or his designee,
remove debris and vegetation from specified City streets and right-of-ways.
2. SCOPE OF WORK:
A. Assigned Routes: Maintain six (6) assigned street routes (See Attached Maps of
Designated Streets and Rights-of-Way) located within the City of Palm Springs by policing
and picking up litter to remove paper, glass, trash, undesirable materials, vegetation, and
other accumulated debris from City streets and rights-of-way;from centerline of road to 10
feet off of road edge in both directions. All routes should be completed once during each five
(5) day work week.
B. Palm Frond Route: Perform a City-wide palm frond route when directed by the Contract
Officer or his designee.
During normal work hours, respond within thirty (30) minutes to radio, pager, or telephone
requests from the City's Street Maintenance staff to remove debris or vegetation that is
located in the streets or rights-of-way from events such as traffic accidents, illegal dumping,
paint, diesel and oil spills, downed trees, vegetation, and rain and wind storms. The
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 by the Contract Officer, 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 Officer). Contractor shall provide a phone number and/or pager number for all
personnel on the "Call-out" list.
2. 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 contactto 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 bythe 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 in Schedule"A"of Exhibit"C", or in the case of an emergency, by Bid Schedule"B"
of Exhibit"C". Except when directed otherwise, the Contractor will be required to provide a
2-man crew.
3. MINIMUM EQUIPMENT NEEDED: Afour-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,
weedeaters, and safety equipment, are required.
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C.UEMPUfb03-04Agmt-Roadside Maintwpd
Contractor is responsible for providing all necessary equipment otherwise specified herein.
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.
4. WASTE DISPOSAL: The City will be responsible for the cost of disposal of debris/waste
material collected by the Contractor. All debris/waste material collected by the Contractor
shall be transported by the Contractor to the City's Corporate Yard located at 425 North
Civic Drive, Palm Springs. The Contractorwill be responsible for sorting of material into the
proper bins provided at the City's Corporate Yard. Should the Contractor fail to dump the
collected materials into the proper bins, Contractorwill 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.
H:IUSERS\WPPU13LIC\03bids\Ifb03-04Agmt-Roadside Maint.wpd /
EXHIBIT "A-1"
Street Routes
Route#1 From: To:
Palm Canyon Drive Vista Chino Gene Autry Trail
Gateway Drive Highway 111 Las Vegas Road
Las Vegas Indian Canyon Gateway Drive
Tramview Road Indian Canyon West End
Racquet Club Drive Hermosa Rd &Bike Path Sunrise Way
Route#2 From: To:
Vista Chino Gene Autry Trail Whitewater Wash
El Mirador Avenida Caballeros Sunrise Way
Tachevah Drive Avenida Caballeros Sunrise Way
Amado Road Calls El Segundo Sunrise Way
Baristo Road El Cielo Farrell Drive
Route#3 From: To:
La Mirada At Sunny Dunes Road
Ramon Road La Mirada Belardo Road
Crossley Road Ramon Road Avenue 34
El Cielo Road Escoba Road&Bike Path Sunny Dunes Road
Ramon Road El Cielo (including medians) San Luis Rey
Ramon Road San Luis Rey(south side only) Ramon Road Bridge
Mesquite Road Vella Road Dinah Shore Bridge
San Luis Rey Mesquite Road Ramon Road
Sunny Dunes Road Gene Autry Trail Crossley Road
Skypoint Crossley Road San Luis Rey
Skypoint Ramon Road Skypoint
Camino Parocella San Luis Rey Gene Autry Trail
Indian Springs Crossley Road Rio Blanco
Rio Blanco Indian Springs San Luis Rey
Public Road Sunny Dunes Road Camino Parocella
Vella Road (west side only) Sunny Dunes Road Mesquite Road
Route 4 From: To:
South Palm Canyon Drive East Palm Canyon Drive South End
Belardo Road Alejo Road Sunny Dunes Road
Sunny Dunes Road South Palm Canyon Drive Belardo Road
Alejo Road Palm Springs Intl.Airport Vine Road
Mesquite Avenue South Palm Canyon Drive West End
Bogert Trail South Palm Canyon Drive Bogert Trail Bridge
LaVerne Way Camino Real (south side) Calle Palo Fierro
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H:IUSERSIWPPUBLIC103bidsVfb03-04Agmt-Roadside Maintmpd
Route 5 From: To:
Farrell Drive Tramarisk Road Vista Chino
Sunrise Way North End Vista Chino
Avenida Caballeros Racquet Club Road Via Escuela
Avenida Caballeros Alejo Road Saturnine Road
Calle Encilia Alejo Reed Ramon Road
Calle El Segundo Alejo Road Ramon Road
Route 6 From: To:
Indian Canyon Way Vista Chino Insterstate 10
Indian Canyon Way(west side only) Interstate 10 181h Avenue
Garnet Road East End West city Limits
20"Avenue West city limits Indian Canyon Way
Dillon Road Melissa Lane Diablo Road
Tipton Road Highway 111 Insterstate 10
Wendy Road Tipton Road North End
Salvia Way West End East End
Gene Autry Trail (Palm Drive) Interstate 10 Vista Chino
Executive Drive Vista Chino Via Escuela
Via Escuela Executive Drive(north side) Whitewater Club
Palm Frond Route: To be completed as instructed by Contract Officer, usually following adverse
conditions such as wind, rain, etc.
Palm Frond Route From: To:
Palm Canyon Drive Gateway Farrell Drive
Indian Canyon Way Vista Chino Ramon Road
Tahquitz Canyon Way Palm Canyon Drive El Cielo Road
Cerritos Drive Ramon Road Camino Parocella
Camino Parocella Cerritos Drive Sunrise Way
Frontage Road Camino Parocella Cerritos Drive
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H.\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maintmpd
! �Y W
EXHIBIT "B"
SPECIAL REQUIREMENTS
Business License Requirement: Contractor shall possess a valid City of Palm Springs
Business License throughout the term of this agreement.
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H:\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maintwpd
EXHIBIT "C
SCHEDULE OF COMPENSATION
Schedule A:
Rates for Roadside Maintenance work for vehicle, lead worker, and worker, including all
equipment supplies, insurance, uniforms and other associated costs:
Lead Worker $14.25 per hour
Worker $12.25 per hour
Vehicle and Supplies $5.50 per hour
Schedule B:
Rates for emergency call-out for vehicle, lead worker and worker, including all
equipment, supplies, insurance, uniforms and other associated costs:
Lead Worker- Overtime $21.38 per hour
Lead Worker - Holiday $28.50 per hour
Worker- Overtime $18.38 per hour
Worker - Holiday $24.50 per hour
Vehicle and Supplies $5.50 per hour
(Overtime and holidays)
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.
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H:\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Mamtxpd
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Contract Term: The term of the contract is two years, with two (2) 1-year renewal
options upon mutual consent of the City and Contractor.
Work Hours: Regular work hours consist of 7:00 A.M. to 3:30 P.M. Monday through
Friday. Any hours worked other than the regularly scheduled hours are considered
"emergency call-out hours" and will be only as approved by the Contract Officer.
Emergency call-out hours may be necessary in the case of downed trees, storm debris
in rights-of-way, 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 the
days that the City is closed for holidays. These days are: New Year's Day, Martin
Luther King Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving Day (and the day after),
Christmas Eve day, and Christmas.
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H:\USERS\W PPUBLIC\03bids\Ifb03-04Agmt-Roadside Maintvpd
d� �C�Pr/L'—C1
PROOF OF PUBLICATION This is space for County Clerk's Film-,Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
------------------------------------------
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen --------------------------
years,and not a party to or interested in the No.3149
1,lTY OF PALM SPRINGS, CALIFORNIA
above-entitled matter.I aril the principal clerk of a INVITATION FOR BIDS
printer of the,DESERT SUN PUBLISHING IFB 03-04
COMPANY a general
er o newspaper f l circulation, CIOTICE IS HEREBY GIVEN that the City of Palm
p p g Springs, Califoinio, is soliciting bids from qualified
printed and published in the city of Palm Springs, films for the following
County of Riverside,and which newspaper has been Provide roadside maintewitnance on six asstc ned
adjudged a newspaper of general circulation b the andstreet routes located remohinve
the City by pumas,
J gg Y and routes
pick-c to remove paper, glass, trash,'
Superior Court of the Count of Riverside,State of ondesrable material, vegetation, and other accu-
mulated deans from Gay streets and right-cf-
Culifornia under the date of March 24, 1988.Case ways, from cenierhoe of road to 10 feet off of
road edge at bath directions.
Number 191236; that the notice,of which the Bids will be received until 3 00 P.M. Local Time,
annexed Is a printed copy set In type not smaller Tuesday, December 17, 2002, at the office of the
than non g ariel,has been ublished in each regular Procurement & Contracting Director, 3200 Tah-
P p qu dz Canyon Drive, Palm Springs, CA., at which
and entire issue of said newspaper and not in any time,hey will be publicly opened and read in [lie
Procurement Office Said Bids will be referred to
supplement thereof on the following dates,to wit: the City Council for consideration at their next
regularly scheduled meeting.
December 2°a No Bid will be consrdered'u7ecs lt,isrrado-dn
roans supplied by the City.
----------------------------------—----------—--------------
Complete f the Procurement
may ne l tame from
the office of the Procurement Dneclor, 32002, or
-- quits Canyon Way, Palm Springqs, Ca, 922a2, or
----- ------------------------------- by the telephoning (760) 323-8239. Specifications
All in the year 2002 will be mailed at no charge
I certifyor declare under'penalty of perjury that the The City of Palm Springs reserves the right to re-
ject any or all Bids and to waive any informality or
foregoing is true and correct. technical defect in a Bid.
Sod It is the responsibill y of the Bidder to see that
any Bid sent through the marl shall have sufficient
Datedat Palm Springs,California this-------------day time to be received by the Procurement Office
December _prior to Brd opening time. Lase Bids will be ra-
tumdd to the Bidder unopailed. Marking Address'
Of---- ----------,2002 City of Palm Springs, Office of Procurement Di-
rector, P. O. Box 2743, Palm Springs. CA
92263-2743
' " "• /1 �� The e governing
time in the Procurement Whs. will
be the phic ruing time for Bids will
of ic-
---------""""------------------------"-""" y Telegraphic and telephonic Bids will not be ac-
Signature -�,'F cepted.
HAROLD E GOOD, CPPO
Director of Procurement&Contracting
DATE: November 27, 2002
PUB: December 2, 2012 _,,,
MINUTE ORDER NO,
AWARDING CONTRACT TO COMMERCIAL
CLEANING SPECIALISTS, INC., PALM DESERT,
CA, FOR ROADSIDE MAINTENANCE SERVICES
FOR A TWO (2) YEAR TERM ON A UNIT RATE
BASIS, FOR AN ESTIMATED MONTHLY AMOUNT
OF $5,752.68 OR $69,032.16 PER YEAR.
------------------
I HEREBY CERTIFY that this Minute Order, awarding contract to Commercial
Cleaning Specialists, Inc., Palm Desert, CA, for roadside maintenance services
for a two (2) year term, on a unit rate basis, for an estimated monthly amount of
$5,752.68 or $69,032.16 per year, was adopted by the City Council of the City of
Palm Springs, California, in a meeting thereof held on the 2"d day of January,
2003.
PATRICIA A. SANDERS
City Clerk
v