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4/1/2015 - STAFF REPORTS - 2.C.
;Ot P ALM s'09 iy Y N •s s '4groum•• 4 1FOR0%9 City Council Staff Report DATE: April 1, 2015 CONSENT CALENDAR SUBJECT: APPOVAL OF A CONTRACT SERVICES AGREEMENT WITH SO CAL LAND MAINTENANCE, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $81,020 FOR ROADSIDE MAINTENANCE SERVICES FROM: David H. Ready, City Manager BY: Public Works & Engineering Department SUMMARY: This action will award a contract services agreement for roadside maintenance services with So Cal Land Maintenance, Inc., a California corporation, ("So Cal'), for a period of three years with two one-year extensions, upon mutual consent of the City and So Cal. RECOMMENDATION: 1. Approve a contract services agreement with So Cal Land Maintenance, Inc., a California corporation, in the amount of $81,020 for roadside maintenance services; and 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, palm fronds and transient camps. The existing agreement with R. Robles Pipeline Laying, Inc., expires on April 30, 2015. Therefore, it is necessary for the City to solicit bids for a new contract for roadside maintenance services. Accordingly, the Procurement Division posted and distributed Invitation for Bids No. 08-15 on February 18, 2015, and advertised the bid on February 20 and 27, 2015. On March 24, 2015, the Procurement Division received the following bids from three contractors: Vendor Price Quote So Cal Land Maintenance $81,020.00 Goodwill Southern California $94,015.34 Mariposa Landscape, Inc. $132,634.06 TEM NO. City Council Staff Report April 1, 2015 - Page 2 Award Roadside Maintenance Agreement to So Cal Land Maintenance, Inc. The bids were reviewed and qualified, and staff recommends the award of the contract to So Cal Land Maintenance, Inc., a California corporation, in the amount of $80,020 fixed for the first 3 years of the contract term, and subject to a CPI increase adjustment in the fourth and fifth years (if extended by mutual agreement). FISCAL IMPACT: Sufficient funds are available in CSA 152 Street Cleaning account number 124-4242- 43200. SUBMITTED Prepared by: Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager/City Engineer Approved by: 9✓ � David H. Ready, Es City Manager Attachments: 1. Maintenance Routes 2. Agreement 3. Invitation for Bids 4. 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FP19R fR01�7 aalT" AAu .''11� arc i u xs 16DOWLAS _ w • KI�' 21 r � W 4 M rrE NLLA W .\ _. 4 TE AV uw I 3 1 pp u N \..21 AY �J� ' e VEM AV IJ Say B alot 3 G ❑11 A 1 3 E I .. p —____.__._. __ �' � SpZ � � y �..� d_ s r. .au= a�'il_�\ L!l•�GEARx� __ ' uAYYQ LAGS 3- ", "' •'' • Y 1 Ivx IuII CIP 96A1f Q' n o i fi SPRINGS yo rvlx - „papa as n a asrm u j 28 xt s� \9' ' _@i 6_� 130 a� � F ..—p .. r vu cylyx L% '� '>� Fs .a::• 7 I i TAIL w . ' ax m = I <I 7. 33 ua4<YIA ¢ E P� 34 4. 36 -- u _ . _.. �. � I:alu Ian.-z,00ra SEE .816 � - ----- Attachment 2 lA CONTRACT SERVICES AGREEMENT ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS LOCATED IN CITY OF PALM SPRINGS THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on , 201 , between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and So Cal Land Maintenance, Inc. a California Corporation ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for providing roadside maintenance of specified city streets and right-of-ways located in the City of Palm Springs California project ("Project"). B. Contractor has submitted to City a proposal to provide roadside maintenance to City for the Project under the terms of this Agreement. C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement- D. City desires to retain Contractor to provide such contractservices. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Invitation for Bid; and, I Revised: 6/16/10 720669.1 1 C! (4) the Contractor's signed, original proposal submitted to the City ("Contractors Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (I't)the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the City's Request for Proposal (Exhibit "B"); (3`d) the terms of this Agreement; and, (4t°) the provisions of the Contractor's Proposal (Exhibit "C"). 1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a)has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. 1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 2 Revised: 6/16110 note9J 16 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Two hundred forty three thousand sixty Dollars, ($243,060.00) ("Maximum Contract Amount") for the initial 3 year term, except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be 3 Revised: 6/16/10 �,� 720669.1 submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chances in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractors profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under 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 (financial inability excepted) if Contractor, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for 4 Revised: 6/16/10 ,20669 1 performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager'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 under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the tern shall not exceed three (3) years with two one (1) year renewal options from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty(60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Stephen Guise, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, 5 Revised: 6/16/10 720669_1 1, i 19 were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee. A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor. B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contractfees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall 6 Revised: 6/16/10 720669 � 20 not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractors officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contractliability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. WAIVED r,,...t_.etsr ghall ebta:n an' milli..t dollars re l nnn nnn nm .. aeetafemee and t...,. .. illi,.. dollars ($2 nnn nnn nm annual (.) .,t...t,t..,t.,. .,....,. .,,,....,.i cam/ e@144�, in writing to the Gity that any tut.to ..,,,..,, a uj ,t.uu endersemefit pfaviding that the fequired limits of the poliey shall apply separately to elaims (2) IF the poll.), ,.F is «:ttm o a 5.1. ims Madder basis, the pohey shall be eentinued ifl fid' fiirpe and effeet at all times daring the tefffi of this AgreemeI14-, a... u.a. l-'/ 7 ,. date of the .. ....._let:,._ of two Sen,ees p .,:ded u hereunder. in the ovpm 89tFFmiiiA6Rn of the paliey defing this peried, Gentfaetef: shall obtain e:tr...« .. .....I:,... ...,',J,.... ing .. r L. obtaining separate extended "tail" ...ua... at aat.v� Yvuv, a,.at.c '�, ,.:diet,.F...1 ieh snail 1.,. ....1 jeet to the writs ...I by the City TR.nage« vv r.r�ub�, 1ua�a va rrauwa o, 7 Revised: 6/16/10 7nl(,e9.l 21 (3) in the event the pelie), of is written en an "eeeurrenee" 4 tefmiftmien ef the peliey dufing this pefied, new eaverage shall immediately he obtained+a B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liabilitv Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the 8 Revised: 6/16/10 720669.1 ` 22 insurance policies required of Contractor under this Agreement: 5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement-(e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement 5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 9 Revised: 6/16/10 no6e9A 23 5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Contractor shall furnish City with both certificates of 10 Revised: 6116/10 720669. insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement 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 City of Palm Springs Contract No. " or 'for any and all workperformed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No, 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. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 11 Revised: 6/16/10 720669.1 25 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design ContractServices Indemnification and Reimbursement. If the Agreement is determined to be a "design contractservices agreement" and Contractor is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party'; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require all non-design-contractsub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non-design- contractsub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance 12 Revised: 6/16/10 720i69_1 26 provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. 13 Revised: 6/16/10 720069-1 27 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance Linder this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other 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. 8.2 Interpretation. Ihis Agreement shall be construed as a whole according to its fir language and common meaning to achieve the objectives and numoses of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by .City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Contractor to fulfill its 14 Revised: 6/16/10 '20069 1 obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement_ 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terns contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 RiEhts and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert Contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 15 Revised: 6116/10 720669A 29 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of Citv Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copvright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise: A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim,provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or 16 Revised: 6/16/10 720669.t 30 claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Cit City of Palm Springs Attention: City Manager&City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Contractor: So Cal Land Maintenance, Inc. 3000 E. Coronado Street Anaheim, CA 92806 Attention: Stephen Guise, President Telephone: 714-231-1454 Facsimile: 714-630-9471 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition 17 Revised: 6/16/10 720669 1 or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be exnressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement e construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 0.7 Recitals_ The above-referenced Recitals are hereby incorporated into the Agreementough fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement. by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 18 Revised: 6/16/10 7zo609A 32 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready City Manager APPROVED AS TO FORM: ATTEST By: By: Douglas C. Holland, James Thompson, City Attorney City Clerk APPROVED BY CITY COUNCIL: Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR NAME: Check one Individual Partnership Corporation Address By By Signature(Notarized) Signature(Notarized) 19 Revised: 6/16/10 1206691 Y 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CtYIL CODE§1189 A.nob y public or abet dfcw in;tua cart ficate vwfi a any the xdW9ary of the axJivA"wf10 weed the da:unient to,which vhm opvfneas a s whad.aid rot tte"K Are x acy,a vab ty of that document. State of Ca 7 County of On before me, , Date Hers irawt Marne and True of the[Offs parsonally appeared Mang)w Grer"t=r who proved to me on the baair of satisfactory evidence to be the peiaon(a) whose nsms(c) isfare subscribed to the within instrument and acknowledged to me that hetaheAhey executed the acme in hiavtwAt eur au#mnized capacdy(iss),and that by h Jfw?Ui k signature(s)on the mabument the personts), or the entity uport behalf of which the pension(s)acted-executed the inammvnt. 1 carlify under PEMLTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and ccnect WnWE33 my hand and official seal. Signature Signature of Kbtsry Pub&C Pianos AkdarY leaf Ab m OP7iDNAL Though this sa+eabon As optional,comPisf>n9 tho iNafmrabcm Can data"akaratlon of the docurn rtt or frnudrfaNraaMrhrrmnt of}Pus form to an unintentled dovrixnent. Descriptfan of Attached Doctonent Tate or Type of Oocuiment: Document Date: Number of Pages: SWin(a) Other Than Named Above: Capacilyfies)Claimed tty Signer(s) Signer a Name: Gigner's Name: ❑Corporate Offoar—Tifiso): ❑Corporate Off——Td7e(By ❑Partner- 0 Limited ❑General ❑Partner— 0 Limited ❑General ❑individual ❑Atdahey in Fact ❑Ind adud ❑Aitomey is Fact ❑Trustee ❑Guhrdan or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑Oher-. 3igner to Repreaenting: Signer Is Repeserting: 02013 Natond Nolmy Assaciffim•wwnr.N -- .ag.l Atg-LJS NOTARY(1-81b-87d.M7) ftm*=7 20 34 EXHIBIT "A" SCOPE OF SERVICES SPECIAL CONDITIONS FOR ROADSIDE MAINTENANCE SERVICES SCOPE OF WORK: Maintain six (6) assigned street routes (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 directions. 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 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 Administrator, or her 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 "Call-Out" list. 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 current 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 its 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 "B". Except when directed otherwise, the Contractor will be required to provide a 2-man crew. MINIMUM EQUIPMENT NEEDED: A four-wheel drive vehicle equipped with a flashing arrow 21 35 sign (FAS), cones (10 each 28" orange with reflective bands), roadwork ahead sign (2 each) 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. Commercial hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed-eaters, and safety equipment, are required. Radio will be provided by the City. Contractor will be held responsible for loss and/or damage of equipment provided by the City. 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. 22 36 F Roadside Maintenance Routes Street From To Route 1 Palm Canyon Dr Vista China Gene Autry Trail Gateway Dr Highway 111 Rosa Parks Rd Rose Parks Rd Indian Canyon Dr Gateway Or I TramviewRd Indian Canyon Dr West End Route 2 Vista Chino Gene Autry Trail Whitewater Wash El Mirador Ave Caballeros Sunrise Way Tachevah Dr Ave Caballeros Sunrise Way Amadc Rd Calla El Segundo Sunrise Way Baristo Rd El Cielo Rd Farrell Dr 3 Route 3 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(incl. medians) San Luis Rey Raman Rd San Luis Rey(so. Side) Ramon Bridge Mesquite Ave Vella Rd City Limit San Luis Rey Mesquite Ave Ramon Rd Sunny Dunes Rd Gene Autry Trail Crossley Rd Camino Parocella San Luis Rey Gene Autry Trail Indian Springs Crossley Rd Rio Blanco Rio Blanco Indian Springs San Luis Rey Public Rd Sunny Dunes Rd Camino Parocella Vella Rd(west side) Sunny Dunes Rd Mesquite Ave Route 4 S.Palm Canyon Dr E. Palm Canyon Or South End Belardo Rd Alejo Rd Sunny Dunes Rd Sunny Dunes Rd S.Palm Canyon Or Belardo Rd Alejo Rd PS Intemtnl.Airport Vine Rd Mesquite Ave S.Palm Canyon Dr West End Bogert Trail S.Palm Canyon Or Andreas Hills LaVeme Way Camino Real(S.side) Calla Palo Fierro 23 37 street From To Route 6 Farrell Or Tamarisk Rd Vista Chino Sunrise Way North End Vista Chino Ave Caballeros Alejo Rd Saturnino Rd f Ave Caballeros Racquet Club Rd Via Escuela Celle Encillia Alejo Rd Ramon Rd i Celle El Segundo Alejo Rd Ramon Rd I Route 6 Virginia Rd San Carlos San Rafael Radio Rd McCarthy Indian Canyon Or Indian Canyon Or Vista Chino Interstate 10 Indian Canyon Or(W side)Interstate 10 1 V Ave Garnet Rd East End W. City Limit ! 20'h Ave W. City Limit Indian Canyon Or Dillon Rd Melissa Lane Diablo Rd Tipton Rd Highway 111 Interstate 10 Wendy Rd Tipton Rd North End Satvia Rd West End East End Gene Autry Trail Interstate 10 Vista Chino Executive Or Vista Chino Via Escuela Via Escuela Executive Or IN side) Whltewater Club Route Miscellaneous: Complaints, transient camp clean ups,traffic accidents, etc.,as instructed by Supervisor. Route 8 Highway 111 (fence line) Gateway(E side) End of fence line To be completed twice per calendar year as instructed by Supervisor. Palm Fronds To be completed as instructed by Supervisor; usually following adverse weather conditions;wind, ram,etc. Palm Canyon Or Gateway Farrell Or Indian Canyon Or Ramon Rd Vista Chino Tahquitz Canyon Way Palm Canyon Or El Cielo Cerritos Or Ramon Rd Camino Parocelia Camino Para ells Cerritos Or Sunrise Way Frontage Road Camino Parocella Cerritos Dr 24 36 DRAIN EASEMENTS DESERT WAY&LAS PAMPAS WAY, NORTH SIDE OF INTERSECTION NORTH END OF ORCHID TREE NORTH END OF BURTON WAY NORTH END OF SUNSET WAY EAST END OF CALLE CONJERA EAST END OF CALLS PAPAGAYO QUINCY WAY,SOUTH SIDE OF STREET MESQUITE&CERRITOS, NORTH SIDE OF INTERSECTION PEBBLE BEACH& LAKESIDE DRIVE, SOUTH SIDE OF INTERSECTION PASEO CAROLETA&CALLE PAUL, EAST SIDE OF INTERSECTION ARNICO&NORLOTI, EAST SIDE OF INTERSECTION EASEMENT THAT RUNS NORTH TO SOUTH FROM VISTA CHINO TO EL CONQUISTADOR MESQUITE&COMPADRE. 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SPRINGS 111_ I I t E � 92264 �- >V, 34 I •XN ����� - f �_ 36 t EXHIBIT "B" CITY'S INVITATION FOR BID INVITATION FOR BID IFB 15-11 FOR PROVIDING ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF- WAYS LOCATED IN CITY OF PALM SPRINGS, CALIFORNIA THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING: PAGE CONTENTS ....................................................................................................................................1 NOTICEINVITING BIDS............................................................................................................. 2-3 BIDDER'S CHECK LIST................................................................................................................. 4 TERMS & CONDITIONS .............................................................................................................5-9 SCOPE OF WORK & SPECIAL CONDITIONS ....................................................................... 10-12 ATTACHMENT "A", MUST BE MANUALLY SIGNED....................................................................13 ATTACHMENT "B" ROUTE LIST AND MAPS.........................................................................14-26 BID PROPOSAL, PAGE 28 MUST BE MANUALLY SIGNED...................................................27-28 AFFIDAVIT OF NON-COLLUSION ...............................................................................................29 INFORMATION REQUIRED OF BIDDER .....................................................................................30 BIDBOND.....................................................................................................................................31 SAMPLE PAYMENT BOND FORM..........................................................................................32-33 EXHIBIT "A" SAMPLE CONTRACT SERVICES AGREEMENT ...............................................34-58 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF, OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. ADDRESS: Procurement & Contracting 3200 Tahquitz Canyon Drive Palm Springs, CA 92262 (760) 323-8237 DATE DUE: TUESDAY, MARCH 24, 2015 TIME DUE: 3:00 P.M., LOCAL TIME COMPANY NAME: ADDRESS: TELEPHONE/FAX: E-MAIL ADDRESS: AUTHORIZED SIGNATURE: PRINT NAME: 36 50 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS IFB 15-11 ROADSIDE MAINTENANCE SERVICES NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified Contractors for the following: Provide roadside maintenance on six (6) assigned street routes 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 directions, in addition to a city-wide palm frond route when directed. Bids will be received until 3:00 P.M., TUESDAY, MARCH 24, 2015 at the Office of Procurement and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered or mailed to: City of Palm Springs, Procurement and Contracting Division, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262. Each sealed envelope containing a Bid must be plainly marked on the outside as "IFB #15-11 Roadside Maintenance Service". The envelope shall show on the outside the name of the Bidder, Bid title, Bid number and time and date of the Bid Opening. The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Work is awarded fail to furnish the required proof of insurance, bonds and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements. OBTAINING IFB DOCUMENTS AND REGISTRATION AS A BIDDER: The bid documents may be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Proposals). Note: You may also register your Company in the City's on-line general vendor database system while on the website, but you MUST still contact Public Workings & Engineering as instructed below to register as a Bidder for this specific IFB 15-11. NOTE: Contact Leigh Gileno, Procurement Specialist II via email at Leigh.GilenoApalmspringsca.gov to register as a Bidder. Failure to register as a Bidder may result in not receiving bid addenda. Failure to acknowledge addenda with your bid may cause your bid to be considered non-responsive. CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner 37 (via the Division of Labor Standards Enforcement) as further described in Article 5 of the Construction Contract (Mutual Obligations). A copy of said wage rates is available on-line at: wvAv.dir.ca.gov/dlsr/DPreWageDetermination.htm The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates and other notices prescribed by regulation at the project site. The City of Palm Springs reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bid. It is the responsibility of the Bidder to see that any Bid sent through the mail shall have sufficient time to be received by the Procurement Office prior to Bid opening time. Late Bids will be returned to the Bidder unopened. The receiving time in the Procurement Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. o February 18, 2015 Procurement Specialist II 38 52 BIDDER'S CHECK LIST INSTRUCTIONS TO Bidder I GENERAL: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation For Bid only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after Bid time, but prior to award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON- RESPONSIVE. II REQUIRED DOCUMENTS FOR BID: BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED. X Page (1) one, Invitation For Bid, must be manually signed. X All Addenda issued shall be acknowledged in the space provided on Attachment .'A", page 13. Failure to acknowledge all Addenda may render your Bid non- responsive. X Bid Schedule Page, page 28 must be manually signed. X Erasures or other changes made to the Bid Proposal pages must be initialed by the person signing the Bid. X Affidavit of Non-collusion by Contractor form, page 29 must be notarized, and signed by a Notary Public. X Information Required of Bidder, including reference information, Page 30 must be completed. X Bid Bond, Certified Check, Cashier's Check, Money Order or Cash shall be submitted with the Bid in the amount indicated. Page 31 must be executed and notarized as indicated, if applicable. Other: 39 53 CITY OF PALM SPRINGS TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS 1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number and date of opening. The sealed envelope containing the bid must be enclosed in another envelope addressed to the City of Palm Springs, Procurement and Contracting, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. 2. Bids submitted may be withdrawn by written request received before the hour set for the opening. After that time, Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no time after award of Bid. 3. The City of Palm Springs reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. 4. .Bidder's signed bid and written acceptance by the City shall constitute an agreement. 5. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Invitation For Bid, and any attached agreement. Failure of a bidder to carefully read and examine the Bid documents shall in no way relieve any Bidder from any obligation with respect to the Bid. 6. The price quoted by the Bidder in his/her bid shall include any sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress. 7. When discrepancies occur between unit prices and extended amounts the unit prices shall govern. 8. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public with a commission in the State of California. 9. Successful Bidder will be required to be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax and must meet the City's insurance requirements. 10. Award of Bid: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) or technical defect in a bid, or to make award in whole or in part, to the lowest responsive, responsible bidder on the basis of the total of the Bid Schedule, and reject all other bids, as it may best serve the interest of the City. 40 54 11. The decision of the Palm Springs City Council will be final. 12. Any questions pertaining to this Invitation for Bid should be directed to: Leigh Gileno, Procurement Specialist II Procurement & Contracting Dept. 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Leigh.Gileno a()palmspringsca.gov DEADLINE FOR RECEIPT OF QUESTIONS IS 3:OOPM ON TUESDAY, MARCH 17, 2015 Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of Addenda, mailed or delivered to all parties recorded as having received the Bid Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 13. It is understood that the services offered by the Bidder will meet all requirements of the specifications in this Invitation unless deviations there from are clearly indicated in an attachment titled "Exceptions to Specifications" submitted and signed by Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. 14. Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Contract is awarded fail to furnish the required proof of insurance, bonds and enter into a Contract with the City within the period of time provided by the IFB's requirements. 15. Basis of Award: It is the City's intent to award on an "ALL OR NOTHING" basis to the lowest responsive and responsible Bidder on the basis of the unit prices submitted on the Bid Pricing Page of this document. 16. Notice of Award: After Award of the Bid by the Palm Springs City Council, a Notice of Award and Purchase Order will be issued to the successful Bidder. The successful Bidder shall provide all required Certificates of Insurance within 14 calendar days. 17. Local Preference in Public Works Contracts (Sub-Contracting). The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive 41 55 the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. 18. California Wage Rate Requirements: The Contraclor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement) as further described in Article 5 of the Construction Contract(Mutual Obligations). A copy of said wage rates is available on-line at: www.dir.ca.gov/dlsr/DPreWageDetermination.htrn The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates and other notices prescribed by regulation at the project site. 19. Performance Bond: The requirements of a performance bond have been waived for this project. The s ssf,�l Bidder shall furnish ,.!thin 14 n..I..n.J..r days after Netiee of The s ssful Bidder shall m „taiR the validity and nnfnreeme t of Said bend f.,r the 20. Payment/Labor and Materials Bond: The successful Bidder shall furnish within 14 calendar days after Notice of Award, a Payment/Labor and Materials Bond in the amount of twenty-five thousand dollars ($25,000.00) in the form provided by the City Clerk, to satisfy claims of material suppliers and mechanics and laborers employed by Contractor on the work. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be certified and current copy of his power of attorney. The bond shall be unconditional and remain in force until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. 21. Notice to Proceed: A Notice to Proceed will be issued upon receipt of the required and approved Certificate of Insurance and the required bonding. 22. Termination for Default: The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price, If, after notice of termination of this contract under the provisions of this clause, it's determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 42 56 23. Termination for Convenience: The City may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 24. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 25. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 26. Increases to Scope of Work: The City may, at any time Work is in progress, by written Order, make alterations in the terms of the Work as shown in the Specifications, require the performance of extra work, or make such other changes as the City may find necessary or desirable. The successful Bidder shall not claim forfeiture of Contract by reason of such changes by the City. The amount of compensation to be paid to the Contractor for any extra Work as so ordered shall be determined by unit prices quoted on the Bid pages of these documents. 27. Decreases to Scope of Work: The City may, at any time work is in progress, decrease the quantity of the Work to be performed under this Contract. The Contractor shall execute the Work as so ordered by the City, and the difference occasioned by the decrease shall be deducted from the amount payable under this Contract. The amount of such deduction(s) shall be determined by the unit prices quoted on the Bid pages of these documents. If such changes diminish the quantity of the Work to be done, they shall not constitute a claim for damages or for losses of anticipated profits if the Work which may be dispensed with, and the Contractor shall not claim forfeiture of Contracts by reason of such changes by the City. 28. Acceptance of Work: During performance and upon completion of the Work on this project, the Contractor will remove all equipment and instruments of service, all excess or unsuitable materials unless otherwise directed by these Specifications. The Contractor shall leave the entire area in a neat, clean and acceptable condition as approved by the Streets Maintenance Superintendent (Contract Administrator) or his designee. 29. Final Determination: The Bidder agrees that the City has the right to make all final determinations as to whether the Work has been satisfactorily completed. 30. Time of the Essence: Time is of the essence in performance of the Work. 31. Liquidated Damages: The application of Liquidated Damages have been waived for this project. cinnp the detprrAinatinn of antual damages feF y delay ;n peFf,,....,,nGe a the%NArk.ye ld be 6)dF81TIel . dif fiG It a iMpFaGtiGal to determine it the event of a breaGh 43 57 IGt19A time, the GGAtF GtOF and its a Feti8 ..I;R" he I'a able, fn. and shall 4 v, ..... ..... . .... .....�..........� ..��.. .. ..� n vv uuv,v ,v, m,uvr,c.,r-pal-w the Gity thesurn Af hurl lh ndmd and fifty de lIn r ($259) n . day as lin 'El.ted ElaMages fer eaeh working day of delay inPerfermanee of anYsery seTequmed. - TheGRy way 32. Insurance Requirements: Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. For types of insurance required and the coverage amounts see the Exhibit included in this bid document for detailed Insurance instructions. 33. Contract Administration: After the Contract is awarded the Contract Administrator for the Palm Springs Streets Maintenance Division is to be Valerie Wagner, Street Maintenance Superintendent, or her designee. 34. Term of Contract: The term of this Contract will be for (3) three years from date of award, with two (2) one (1) year renewal options upon mutual consent of the Contract Administrator and the Contractor. A. Option to Renew: At the sole discretion of the City, the Contract may be renewed for two additional years or any portion thereof. B. Contract Services Agreement: The successful bidder will be required to sign a Contract Services Agreement in a form acceptable to the City. A sample of such an Agreement is attached as an Exhibit "A" herein. C. Schedule of Work - The Contractor shall furnish to the City Representative a detailed work schedule showing how the Contractor will accomplish the Contract requirements. This work schedule shall indicate the number of personnel, tasks to be performed by each person and the amount of time necessary to accomplish the work. The schedule shall be kept throughout the duration of the Contract, and shall be modified and re-submitted to the City Representative as required. Any work to be performed not conforming to this schedule shall be approved by the City Representative prior to such occurrence. D. Adjustment of Services - The City reserves the right to reduce or increase, or otherwise adjust the scope of services. 35. Invoicing: The Contractor will submit an itemized invoice quarterly/ semiannually listing separately each of the zones listed on the Bid Proposal form. The invoice shall be accompanied by receipts, dated and signed by a City employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Administrator for approval. Billings must reference the purchase order number and shall indicate the unit (contract) price. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the vendor are authorized. It shall be the vendor=s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. 44 58 SCOPE OF WORK SPECIAL CONDITIONS FOR ROADSIDE MAINTENANCE SERVICES IFB 15-11 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. Clean-up of transient camps on City property only. 2. SCOPE OF WORK: Maintain six (6) assigned street routes (Attachment "B" 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 directions. 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 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 Administrator, or her 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 ACall-Out@ list. 3. WORK HOURS: Regular work hours consist of 5:30 A.M. to 4:00 P.M. Monday through Thursday, unless otherwise modified by Contract Administrator or her designee. Any hours worked other than the regularly scheduled hours are considered "emergency call- out" hours, and will be scheduled only at the direction of the Contract Administrator. Contractor has the right to modify the regular work hours/days upon 30 days written notice and approval by the Contract Administrator; however, regular work hours will not exceed 10 hours per day or 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, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 45 - 5 9 It is anticipated there will be sufficient workload to use the approximate 320 labor hours available per month (2-man crew, 10 hours per day, 4 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 ten 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 current 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 its 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 "B". 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), cones (10 each 28" orange with reflective bands), roadwork ahead sign (2 each) 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. Commercial hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed-eaters, and safety equipment, are required. Radio 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. 46 60 7. LICENSE REQUIREMENT: Successful Contractor will be required to have a City Business License. 8. TERM OF CONTRACT: The term of this Contract will be three (3) years from date of award, with two (2) one year renewal options upon mutual consent of the City's Director of Public Works and the Contractor. 9. 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. 10. AWARD OF BID: The bid will be awarded to the lowest responsive and responsible Bidder based on the Grand Total of Bid Schedules "A" and AB@. Schedule A and Schedule B, Grand Total of Schedules A and B, Non-Collusion Affidavit, Information Required of Bidder, and the Bid Bond must be filled out in their entirety and submitted. Responsibility of a bidder will be determined by the City based on each bidders experience and references. The City will be the sole judge with respect to the responsiveness and responsibility of each bidder. 11. CONTRACT SERVICES AGREEMENT: The successful bidder will be required to sign a Contract Services Agreement in a form acceptable to the City. A sample of such an Agreement is attached as Exhibit "A" herein. 12. PERFORMANCE BOND: The requirement of a Performance Bond shall be waived. 47 61 ATTACHMENT "A" IFB 15-11 PROVIDE ROADSIDE MAINTENANCE *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR BID* SIGNATURE AUTHORIZATION NAME OF PROPOSER/CONTRACTOR: A. I hereby certify that I have the authority to offer this bid to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my bid. SIGNATURE PRINT NAME B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: _A company; A corporation 2. My tax identification number is: CHECK IF THE FOLLOWING STATEMENT APPLIES: My Contractor/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license from a jurisdiction within the Coachella Valley is required to be attached to this document in order to request the Local Preference. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addendum: Addendum(s) # is/are hereby acknowledged. 48 62 NOTE: * Attachment B (routes and maps) pages that appeared in the IFB may be found in Schedule "A" Scope of Work of this Agreement. The Bid Schedule and other executed forms as they appeared in the IFB may be found in Exhibits C and D. as 63 EXHIBIT "C" CONTRACTOR'S PROPOSAL INVITATION FOR BID IFB 15-11 FOR PROVIDING ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF- WAYS LOCATED IN CITY OF PALM SPRINGS,CALIFORNIA THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING: PAGE CONTENTS.........._....................................................................................................................-A NOTICE INVITING BIDS....-...........................................-... _.................................................... 2-3 BIDDER'S CHECK LIST................................................................................................................. 4 TERMS&CONDITIONS ._........................................_......................................................_......-5-9 SCOPE OF WORK&SPECIAL CONDITIONS-.............-.............. ................. .._................ 10-12 ATTACHMENT"A°,MUST BE MANUALLY SIGNED..................................... .........................--13 ATTACHMENT"B", ROUTE LIST AND MAPS..............._................................._........._._.......14-26 BID PROPOSAL, PAGE 28 MUST BE MANUALLY SIGNED...................................................27-28 AFFIDAVIT OF NON-COLLUSION...............................................................................................29 INFORMATION REQUIRED OF BIDDER................. ...................................................................30 BIDBOND....................................................................................................... .............................31 SAMPLE PAYMENT BOND FORM..........................................................................................32-33 EXHIBIT"A"SAMPLE CONTRACT SERVICES AGREEMENT.........................................-....34.58 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF,OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. ADDRESS: Procurement&Contracting 3200 Tahquitz Canyon Drive Palm Springs,CA 92262 (760)323-8237 DATE DUE: TUESDAY,MARCH 24,2016 TIME DUE: 3:00 P.M., LOCAL) TIME I COMPANY NAME: �o Olt lLAMMAA11r erow, I 1 hL• ADDRESS: 3000 G C.O YD f'I O S1l'•6e+ TELEPHONEIFAX: i 2 E-MAIL ADDRESS: IN S OCOII ITI. o rn AUTHORIZED SIGNATURE: II PRINT NAME: lk r) r-, 4r-t-'" 50 64 ATTACHMENT"A" IFB 15-11 PROVIDE ROADSIDE MAINTENANCE *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR BID* SIGNATURE AUTHORIZATION NAME OF PRO OSER/CONTRACT R: D 1 161Y10 VtA i f1-FGY�f f 1 A. I hereby certify that I have the t offer this bid to the City of Palm Springs for the above listed individual qrTJ I y rtify that I have the authority to bind myselffthis company in a contract shoessful in my bid. SIGNATURE �rlt�l�t� <olliS�. PRINT NAME B. The following information relates to the legal contractor listed above,whether an individual or a company. Place check marks as appropriate: 1. If successful,the contract language should refer to me/my company as: An individual; —A partnership, Partners names: A company; ✓A corporation 2. My tax identification number is: CHECK IF THE FOLLOWING STATEMENT APPLIES: �my Contractodcompany Is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license from a iurisdiction within the Coachella Valley is required to be attached to this document in order to reouest the Local Preference. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this iF8 is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive. In the space providedlow be ,please acknowledge receipt of each Addendum: Addendum(s)#_ I r7• islare hereby acknowledged. 51 65 BID PROPOSAL .FOR ROADSIDE MAINTENANCE SERVICE(IFB 15-11) Responding to Invitation For Bids No. 15-11 for providing roadside maintenance for assigned street routes located within the City of Palm Springs, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. IfWe will accept as full payment therefore the following amount NOTE: BIDDERS MUST COMPLETE SCHEDULE "A" AND SCHEDULE°B" Note: Offeror should state the hourly rate for each level of personnel provided for in this Contract and which will apply to all work of the Contract. The hourly rate shall constitute the sole basis for payment and include all associated costs or charges i.e, vehicle, supplies, insurance, uniforms, (not all inclusive). SCHEDULE "A": Rate for Roadside Maintenance work based on a two-man crew consisting of one Lead Worker and one Worker, each working 10 hours per day, 40 hours per week, and including all associated costs. Title nit Cost ,.�/� Annual Hours Annual Cost Lead Worker: (. oer/hr5 X 2080Ins $ y Worker: t i aerlhr5W X 2080 hrs $ •_3 1$KC - Vehicle&Supplies: foS pedday X197 days $ SUB TOTAL: $ '79 SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually and based on a two man crew consisting of one Lead Worker and one Worker, and including all associated costs. Title Unit Cost Annual Hours Annual Cost Overtime Hours: Lead Worker: 1 per/hr X 35 hrs Worker: 14 per/hr X 35 hrs $ qqp— Vehicle&Supplies: `f Q perlday X1 day $ 1-10 Holiday Hours: Lead Worker: per/hr X 10 hrs $ alz Worker: Y per/hr x^ 10 hrs $ '`f 0 Vehicle&Supplies: L1O neNday X1 days $ !'f D el SUBTOTAL: $ + +� 27 52 ` GG GRAND TOTAL OF BID SCHEDU�jL�E'S' "A"and ��I 'lt`�>dACtn�"B" : l W- Total Amount in Words : �c4�,iC�&'t ONE. 'tic . fM Total Amount in Figures: $ b j rCJ 9-0 It Is understood and agreed that this Bid may not be withdrawn until sixty (60) days from the date of the opening thereof, and at no time after award of Bid. Prices to remain fixed for Initial contract period of 3 years. PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index(CPI)for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal ars 4 and 5, and any associated CPI increase, are at the mutual consent of the City and th o tractor. �20 CA( end vu a, NAME OF BIDDER (PERSON, CONTRACTOR,/CORP) 3000 (�rr�t�otdo 5e REGNATUPE OF PRESENTATIVE NTATIVETHORIZED ADDRESS irn r C� 9� 6 ,' (�u1 v, Pr�S�d�n� z �B NAME&TITLE(PRINT OR TYPE) ADDRESS 7�, 3 R� ."U t 5 ( /14) �.�'—t DATE TELEPHONE NUMBER 6MBER (714) 6-4gTI 61UI } Sc �SoU 11-n.car) FAX NUMBER EMA 28 53 67 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL State of California ) County of l 'YLlC1f�C 1 ss. ) I, being first duly$worn,deposes and says that he or she is �,1/CYLt of 17 rreq l_ t';3 (1fa11l(,'r'Yghldhe party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BIDDER �OUIS� BY �Yil TITLE pvf'l'I'A fl—f ORGANIZATION 56 CAL r0 iR-ft'.Mk1V, jm_. Angzrim�ar««feraeQr sfa Ss 6600 E� Ci)YDr(d �r 5n-tr�r.cei- r>xtl'ssonMthe NentlryaltlaiMrvMualwhp abed the z1-+�� �� }'1'1 , (r�- -I'L! �E7 - QO[VRknr b Yllak tl1519rIMtafe Is alpcMd wtl na ma Wehadwu,atturarN«valNapoifktdouane«. SUBSCRIBED AND SWORN TO BEFORE ME THIS d3 DAY OF f Vk4Nwt,.20 Lfc-. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE l J.aNANOEn1 MY COMMISSION EXPIRES: Soap t H 1940500 -i C«nmirsion air r N i.>A_: Notary Public-California i Orange Ceunfy r M Comm.Empires Sep 14,2015 r 29 54 6� BID BOND KNOW ALL MEN BY THESE PRESENTS, That So Cal Land Maintenance,Inc, as Principal,and Westchester Fire Insurance Company as Surety, are held and contractually bound unto The City of Palm Springs,hereinafter caged the"City"in the sum of: Ten Percent(101%)of the total bid amount .dollars (Not less than 10 percent of the total amount of the bid) for the payment of which sum,well and truly to be made,we bind ourselves, our heirs,executors, administrators,successors,and assigns,jointly and severally,contractually by these presents. WHEREAS,said Principal has submittad a bid to said City to perform the Work required under the tNdding schedule(s)of the Citys Contract Documents entitled: IFB 15-11, PROVIDING ROADSIDE MAINTENANCE SERVICE OF SPECIFIED CITY STREETS AND RIGHT OF WAYS NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the manner required In the"Notice Inviting Bids"and the"Instructions to Bidders"enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance,and furnishes the required Performance Bond and Payment Bond,then this obligation shall be null and void, otherwise it shall remain In full force and effect. In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs Incurred by said City in such suit,including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this 20h day of March ,20155_ - So Cal land Maintena c. (SEAL) _ (SEAL) {SEAL) (Principal) Westchester Fire Insu lice Coma (Sur Y (Signs re) By; Dale Harehaw,Attomey-in-Fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 31 55 s� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Diego ) on March 20, 2015 before me, Maria Hallmark, Notary Public (insert name and title of the officer) personally appeared Dale Harshaw who proved to me on the basis of satisfactory evidence to be the persons)whose names)islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/herAheir authorized capacity(ies),and that by his/her/their signatura(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - - - - - - - - - - - - - - - WITNESS m hand and official seal. Mane HALLMARK JRB Y ri0 MARIAen S 2 Notary Public-California z San Diego County Al Comm.raplres Aug 22,2016 Signet re l (Seal) 56 70 Power Of lYF.STCHESTER FIRF,iNSLIRAMGE COMPANY Attorney know all into by Iheas pr'neaw.AUNVPSTCHMTER FIRE pumpaot to lou t (011owaag Ramiehan�idepWilpy it Badr3.Rfljifpdtonoflgo said Company on 25XOiber C.2*to Wp I "aX951.Vfn 0v M/Niu ry bi, .vdretl at ne,IVNu4lNfelyPor4•'Ir.rHy:S„Nnteq/q:aynw:M,mvr.,aaeE dw wn.Nrglns Nde CwysY '.. r.a meaMaaw'y nw«mw mt{sn^wrm twnipm r'n II! 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Bidder Is required to supply the following: 1) Contractor/Contractor Name and Address: C7d , Gl�. (.G1.O N 1 6,U n(4111 , 2) Name and Title of person authorized to negotiate a contract for the Contractor: n ( Ul,�e< �i C 5%1�G(�PYl1 3) Telephone Number.(((1i4 ) �/,JI" i (FAXX Number) 114'? 63b—Ll 4) Type of Contractor: _Individual —Partnership =Corporation —Other 5) Corporation organized under the laws of the State of/� 6) Business License No. _ oo 1 Expiration Date: qj3ppoll 7) List at least five (5) current contracts which are similar to the City of Palm Springs' requirements. Contract$ Contract Account Name&Address Contact Person Amount Tenn &Phone Number a. L000 AL 6C p�rYS -33Do {v tic }zi)YA°rt �+rnr�do toll�s�e„ �Iler�n f7(4���3—�IKS b. A�Irs CItr1 of lake n5irare Lot) ,Sotorytno I)i(1 Sfiree-t qc�p 034 -5(-D c,V� o o s'f Pylk -.Arh�4 Comm Nege, Iz"ocd q4r, F. 0A Ave- (v)b J3- 43 m d 'ESN (QMV1l 1 � jkj �h' V"!a'T0_-YYUYY40 �,WVA l q'.5 {4Qyu l (LineCrAs+- UW230-6!2-21 e.4l 6`{65 y mP� J LI �Co0 List name and title of the per who will supe� rvise full-tim the work of this Contract for your pe Contractor. fV n Y/un � Vrno8 mun16-e 9) Number of years in this type of business: 770 �CAYS Z ff 10) Response Time: I nr (USE ADDITIONAL PAGES IF NECESSARY) 30 58 72 a N os �, INVITATION FOR BID(IFB 15-11) FOR ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS LOCATED IN CITY OF PALM SPRINGS ADDENDUM NO.1 This Addendum is being issued for the following changes and informational Items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE IFB DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. DELIVERY OF BIDS — NOTIFICATION OF PARKING LOT CONSTRUCTION AT CITY HALL: Contractors are hereby notified that there will be construction in progress at the Palm Springs City Hall parking lot on the day that bids are due. Bids will be received by the Office of Procurement & Contracting until 3:00 P.M. on Tuesday, March 24, 2015. Contractors shall take this into account in the delivery of their bid, as neither the City nor the parking lot contractor shall be liable or responsible for the late delivery of a bid due to the construction in progress. It is the responsibility of the bidder to see that any bid hand delivered or sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Office Of Procurement&Contracting by the due date and time. Late bids will not be accepted and shall be returned unopened. The City has received the following questions and is hereby providing answers thereto: O 1: Who is the current contractor? A 1: R.Robles Pipeline Laying dba:Southern Valley Water Features O 2: What were previous bid results? A 2: Refer to attached Sid Abstract(total based on annual cost) BY ORD0. ER OF THE CITY OF PALM SPRINGS,CALIFORNIA 10- Procurement Specialist II DATE: March 5,2015 ADDENDUMACKNOWL GENT: Proposer Finn Name: 59 73 Authorized Signature: ^--`4 f Date: Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum Nth your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. 60 74 VENDORS&AMOUNTS BID VENDORS&AMOUNTS BID - BID ABSTRACTDUE OUr oorN rD Y ttc� -Tv zCj" - ^x' 1,2413 Z loZ — 57es `6 Sca o> i CA s f \N ' S.^ i ti 3 f�. _ 4.1" INVITATION FOR BID(IFB 15-11) FOR ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS LOCATED IN CITY OF PALM SPRINGS ADDENDUM NO,2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE IFB DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: 01. 1 understand that all future work Is now prevailing wage. My question is to the classification of this roadside maintenance contract. I assume that this is a Landscape Maintenance Laborer? A 1: Yes.Generally the work is related to landscape maintenance which also includes removal of Bash and debris from the right of way, Q 2: The attached Addendum 1 indicates bid result figures in Dollars. I would like to know what the unit measure or hours the figures were based on,i.e.,how many hours were proposed for that contract for each fiigurePoPd Rem? Ali: The bid results reflected an Shr per day, 32hrs per week price which included an equipment,supplies,Insurance,uniforms and other associated costs. 0 3: Could you provide me with a plan holdersJbidders list for this project? A 3: See attached bidders list. BY ORDER OF THE CITY OF PALM SPRINGS,CALIFORNIA 62 76 Procurement Specialist II -� - DATE: March 1T,2015 ADDENDUM ACI OWLEDG EN Proposer Firm Name: U f, Authorized Signature: Date: (1i Acknowledgment of Receipt of Addendum 2 Is required by signing and returning a copy of this addendum with your response, Failure to acknowledge this Addendum may result in your IFU being deemed nonresponsive. 63 77 REGISTERED VENDOR LIST T A Jones Concrete Construction CSLB#894414 A,B,C8 1220 Highland Avenue#691 Duarte,CA 91010 Tyrone Jones 951.757.9873 Goodwill Southern California Louise Oliver 14565 Lanark Street Panarama City,CA 91402 02 818-815.30 Office 818-515-1403 Cell Golden Valley Construction Mike Honz 2000 Executive Drive Palm Springs,CA 92262 Email:goldenvalieyconsl(a)veri7on.net Phone:(760)322-0010 FAX:(760)322-0020 DBi Services Region 5 Kevin Scrivner 1459 South Cucamonga Avc. Onwrio,CA 91761 800-278-1880 Office 951-545-4988 Cell 888-902-2194 Fax Coachella Valley Construction&Engineering PO Box 1182 Thermal,CA M74 David Cordero 780-080-2299 Phone 64 78 BUSINESS LICENSE CERTIFICATE CITY OF INDIAN WELLS tta 1... 10 b,W ko�M ofpig Iq auVzYt fa Cae. "µ,— D-em:au Iv.an i a bONB::�t,ntta:IfiWtind9!(fF{e%4s.M.Dtllor Ddll'aKq£v PlYr¢ ra-en azwrwa tm� 'rc".voaia Nx mt,lh,I=Icn.g rt'3 Van' IN, 'U.NReM RiSW!05'BIIpISMi`licetica lnellM rBiDaVP iD 5c6(°tl lDw a@:Rp hM�0.ninytr/'.In$UR cIGUYb„ui " 1 BUSINESS NAME:' SO C.1 Lend Maintenance,In Susinees Type: 035 ),BUSINESS LOCAT QN; 74600 VdIIage Cents Q, Oescdptlwr, Lwdscepe Meh:ero s IMian Wells,CA 92210 x1 easiness liceMeN her: 2H60 Eff Luv Data, Osesmpsr 19,2014 ExpimSO CAI,LAND.MAINTENANCC INC. Llcros foo esto Oe[sul W 31,2015 Llcenss Foss Poltl S¢e yJ I 3000 E Gbf20NA}]0 SSREET 1 I S, ANAHEIM C 92506 E . LM11 Menupttw naf 4Mtl t1— TO sa PQSTED IN A CONSPIWOOS P"CE M'J=lRpNSFENASLE 65 79 CITY OE R NC O MIRAGE seats E,CA 52 111 I EANCH'J M;R760) 70 3207�Te9B � p80h),]]0-320] E ai1SINES�eddkSE'tkk C�*lFICATE EnSineea Licenses are Non-Transferable.For Change of Owners a new Business license Application is required THIS I5 NOT BILL NOT T A LL - DO O REMIT PAYMENT REMOVE THE. BOTTOM PORTION OF THIS PAGE AND POST IN A CONSPICUOUS PLACE. The Iotfowing amount was receipled .'. for your Business.Trcellm Tax . LICENSE ME: $ 89.00 - ,PENALT[ES: - .00 TIITAL DUE: S -- 89.00 PAID: i$ 89.00. BALANCE OLE: .$ .00 Remove bottom poiWan and post in a eanspicuausplace �11//^^ },�1E�,E CITY ON RANCEWWRAC13 W)SINESS LICENSE TAX CERTIFICATE ITYOFIt Ili+ O.MIRAG€ 7p¢aaafmoag�a tat tbcprf¢ fi bry¢nwan¢maJlbodn has pflxi:UglpJaalra aamoiat,.k.rt Z ane.¢¢eccyvaf whe NE[cap mpr l ..tf pppl1,mms-na m r5tq oF. nrtmeaua w EU¢�4 eE'danaho MimSc,(bnf¢mfa.ttn 2wanesa trs9 raW It. ryNfeS%P¢ exU N2s'e or+?FAy@aaa¢aGdyt4dlbatav fat ztie p aiw mJKnlrur iev=�aux 7rcaea[�pes uaS ma451e[tp-1{n¢ser`i¢ relaormambb.a businec ¢-iola,taa of asyy ON lgsv PA faanre. FFjR Cr3'x-Q 3oNGaO F"f FINOTWARRdN3"ME III Q1JX&tA❑ONaQratti WXS QRj U%,,C 1�`A p, Issue Date: 01/20015 Expiration;Date: 01/31M16 Business Id: 103868 . Business Adtfress: Business Name: 76900 VILLAGE,CENTER DRIVE 'INDIAN WSLLS,-CA921,t0 - - . . SO CAI.LAND MAINTENANCE 3000 E CORONADO ST LICENSE FEET $ 99.40 ANAHMM,CA W.806 BALANCE.DUE, $ - .00 nna.uw:.cc n¢�aarvuv. sar MWTRACTORS/SPE(1AI,TY `ni. orxn i¢tstu Sc 66 80 EXHIBIT "D" SCHEDULE OF COMPENSATION SCHEDULE "A": Rate for Roadside Maintenance work based on a two-man crew consisting of one Lead Worker and one Worker, each working 10 hours per day, 40 hours per week, and including all associated costs. Title Unit Cost Annual Hours Annual Cost Lead Worker: 21.00 per/hr X 2080 hrs $ a�Fan nn Worker: 11.00 per/hr X 2080 hrs $ 22,880.00 Vehicle & Supplies: 65.00 per/day X197 days $ 12,805.00 SUB TOTAL: $ 79.365.00 SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually and based on a two man crew consisting of one Lead Worker and one Worker, and including all associated costs. Title Unit Cost Annual Hours Annual Cost Overtime Hours: Lead Worker: 21.00 per/hr X 35 hrs $ 735.00 Worker: 14.00 per/hr X 35 hrs $ 4sn on Vehicle &Supplies: 40.00 per/day X1 day $ 40.00 Holiday Hours: Lead Worker: 21.00 per/hr X 10 hrs $ 210.00 Worker: 14.00 per/hr X 10 hrs $ 140_00 Vehicle & Supplies: 40.00 per/day X1 days $ 40.00 SUB TOTAL: $ 1,655.00 GRAND TOTAL OF BID SCHEDULES "A" and "B" : Total Amount in Words : Eighty one thousand twenty dollars Total Amount in Figures: $ 81,020.00 PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. 67 81 EXHIBIT "E" SCHEDULE OF PERFORMANCE WORK HOURS: Regular work hours consist of 5:30 A.M. to 4:00 P.M. Monday through Thursday, unless otherwise modified by Contract Administrator or her designee. Any hours worked other than the regularly scheduled hours are considered "emergency call-out" hours, and will be scheduled only at the direction of the Contract Administrator. Contractor has the right to modify the regular work hours/days upon 30 days written notice and approval by the Contract Administrator; however, regular work hours will not exceed 10 hours per day or 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 Contractors 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, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. It is anticipated there will be sufficient workload to use the approximate 320 labor hours available per month (2-man crew, 10 hours per day, 4 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 ten 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. For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. 68 82 Attachment 3 83 'F INVITATION FOR BID k I FB 15-11 FOR PROVIDING ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF- WAYS LOCATED IN CITY OF PALM SPRINGS, CALIFORNIA THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING: PAGE CONTENTS ....................................................................................................................................1 I NOTICE INVITING BIDS............................................................................................................. 2-3 BIDDER'S CHECK LIST................................................................................................................. 4 TERMS &CONDITIONS .............................................................................................................5-9 SCOPE OF WORK&SPECIAL CONDITIONS ....................................................................... 10-12 ATTACHMENT"A", MUST BE MANUALLY SIGNED....................................................................13 ATTACHMENT"B" ROUTE LIST AND MAPS.........................................................................14-26 BID PROPOSAL, PAGE 28 MUST BE MANUALLY SIGNED...................................................27-28 AFFIDAVIT OF NON-COLLUSION ...............................................................................................29 ( INFORMATION REQUIRED OF BIDDER .....................................................................................30 BIDBOND.....................................................................................................................................31 SAMPLE PAYMENT BOND FORM.................................................................-.......................32-33 EXHIBIT"A" SAMPLE CONTRACT SERVICES AGREEMENT ...............................................34-58 j NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF, OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. ADDRESS: Procurement &Contracting 3200 Tahquitz Canyon Drive Palm Springs, CA 92262 (760) 323-8237 DATE DUE: TUESDAY, MARCH 24, 2015 TIME DUE: 3.00 P.M., fLO,",CAL �TIME COMPANY NAME: 6n �[ U/ d NA NeY>Gr w, ItL- ADDRESS: 3000 C0MWO W--e2e+�-f -TELEPHONE/FAX: I 2 3 - f 'Q") G 30 -I lq-� f E-MAIL ADDRESS: S O CAI M. [0 m AUTHORIZED SIGNATURE: ff QQ PRINT NAME: ✓TL Y1 (� �Y PSG ?Y�{' 1 84 ATTACHMENT"A" IFB 15-11 PROVIDE ROADSIDE MAINTENANCE *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR BID* SIGNATURE AUTHORIZATION NAME OF PRO OSER/CONTRACT R: a t lei krVWc,e A. I hereby certify that I have the au r' t offer this bid to the City of Palm Springs for the above listed individual or p I rtify that I have the authority to bind myself/this company in a contract shout Itb essful in my bid. i SIGNATURE �pheY� �o(flSe� PRINT NAME B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: _An individual; A partnership, Partners' names: A company; ✓A corporation 2. My tax identification number is: CHECK IF THE FOLLOWING STATEMENT APPLIES: v/ My Contractor/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license from a jurisdiction within the Coachella Valley is required to be attached to this document in order to reauest the Local Preference. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive. In the space providrd below, please acknowledge receipt of each Addendum: Addendum(s) # o� istare hereby acknowledged. 13 85 i BID PROPOSAL FOR ROADSIDE MAINTENANCE SERVICE (IFB 15-11) Responding to Invitation For Bids No. 15-11 for providing roadside maintenance for assigned street routes located within the City of Palm Springs, the undersigned bidder proposes and agrees I to provide the services and work in accordance with the specifications. 1/We will accept as full I payment therefore the following amount. NOTE: BIDDERS MUST COMPLETE SCHEDULE "A' AND SCHEDULE "B". k j Note: Offeror should state the hourly rate for each level of personnel provided for in this Contract and which will apply to all work of the Contract. The hourly rate shall constitute the sole basis for payment and include all associated costs or charges Le, vehicle, supplies, insurance, uniforms, (not all inclusive). i SCHEDULE "A": Rate for Roadside Maintenance work based on a two-man crew consisting of one Lead Worker and one Worker, each working 10 hours per day, 40 hours per week, and Including all associated costs. Title Unit Cost Annual Hours Annual Cost Lead Worker: a�. oer/hrsw X 2080 hrs $ y� Worker: : per/hs X 2080 hrs $ Vehicle & Supplies: 66, pedday X197 days $ SUB TOTAL: $ SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually and based on a two man crew consisting of one Lead Worker and one Worker, and including all associated costs. Title Unit Cost Annual Hours Annual Cost Overtime Hours: ,� Lead Worker. of I per/hr ' X 35 hrs $ 736 Worker: 14 per/hr X 35 hrs $ q I1 Vehicle&Supplies: 0 per/day X1 day $ y0 Holiday Hours: Lead Worker: per/hr X 10 hrs $ alb Worker: per/hr X 10 hrs Vehicle &Supplies: Wiper/day X1 days $ SUB TOTAL: $ 27 86 GRAND TOTAL OF BID SCHEDULES "A" and "S" Total Amount in Words : p '�CtNti b M Wr Ct� Total Amount in Figures. $ 1 0 It is understood and agreed that this Bid may not be withdrawn until sixty (60) days from the date of the opening thereof, and at no time after award of Bid. Prices to remain fixed for initial contract period of 3 years. PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewatypars 4 and 5, and any associated CPI increase, are at the mutual consent of the City and th o tractor. i �,o (4L (And ► A in4�jvntte, Ire(,: NAME OF BIDDER (PERSON, CONTRACTOR, CORP) SIGNXTIJ�E OF (� (Oryrvldo 9yee R PRESENTAATIVETHORIZED ADDRESS NAME&TITLE (PRINT OR TYPE) ADDRESS 2 C?-J DATE TELEPHONE NUMBER (714) �i ZG qq-�l SdUi � L�'''' �ooI�,G 7y) FAX NUMBER 7 EMA 28 87 i I i NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL i State of California ) YQ t1�L1 ei ) ss. County of } I, bein first duly worn, deposes and says that he or she is of / he party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BIDDER GVf Se. BY TITLE �vider�r ORGANIZATION CAL wM 1(VrQII)'*mme, JKL.. Aflvb"WbkaotMrol&vcemp ftthis,6 SS �)600 G rV r*telt0 S'1`7-'e�e� rerinasonNtinlinnunrorete Individual who s>an<athe A-rW(-( &=W towhichtbiscertaateisattadnd,and Trotthe trutbf*es4 amura*orvalldiwcft*donnnent. SUBSCRIBED AND SWORN TO BEFORE ME THIS eta AY OF M&%eA� . 20 l —. � 4� NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE J. BHANDERI MY COMMISSION EXPIRES: SeQtk. 1 k r l q a # ` A Commission N 1948500 a n Notary Public-Calilorriia a Orange Co s Comm.EHpires Sepunty 14, 2015 r 29 88 I - a 7 r. BID BOND s KNOW ALL MEN BY THESE PRESENTS, That So Cal Land Maintenance,Inc. as Principal, and Westchester Fire Insurance Company as Surety, are held and contractually bound unto The City of Palm Springs, hereinafter called the"City" in the sum of: Ten Percent(10%)of the total bid amount dollars (Not less than 10 percent of the total amount of the bid) for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, contractually by these presents. WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the bidding schedule(s)of the City's Contract Documents entitled: IFB 1541, PROVIDING ROADSIDE MAINTENANCE SERVICE OF SPECIFIED CITY STREETS AND RIGHT OF WAYS I NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the manner required in the"Notice Inviting Bids" and the "Instructions to Bidders"enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorneys fee to be fixed by the court. SIGNED AND SEALED, this, 20th day of March 20 _ So Cal Land Maintenai c. (SEAL) (SEAL:) — ---- .._,_(SEAL) (Principal) Westchester Fire Insurance Coma (SEAL) By (Signal re By: Dale Harshaw,Attomey-in-Fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 31 89 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Diego ) On March 20, 2015 before me Maria Hallmark, Notary Public (insert name and title of the officer) personally appeared Dale Harshaw who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARIA HALLMARK WITNESS my hand and official seat. commission x lsasoaz Notary Public-California z z " San Diego County My Comm.Expires Avg 22,2016 Signat re (Seal) I 90 t Power of WESTCHRSTER FIRE INSURANCE COMPAY' Attorney �'Kpow All•]Ann by<theae presents.That WEST,CHEST'EA FIRE INSURANCE COWANYs�a corporation of thS Oommonwooh1h,Of Pennsylyania pursuant to the Ilowipg ReBalucion;RdpPtad by the Bosud'of Dltobto(s4thil said Comparry on Dece176cr 41,ZOOG,to wr4 :'RP30LYED,deal the fdlowmg outhannolions Idol.0 the W.lion,for uldon behelfof di,pmpyly.orltondc undf'ne}tggs,rewpttuneds c.jlwsWMgAer Wdimn commll¢WjWpfdlaCgnpmty .;:enrmali mbaheprdippry cpWe¢plbusmpss(aydl tf"Wntt.n:Comdfibnpnf'): 'U) -Each ofl@p.�hM?meo.IM PreNdfnt Wid j}k ujw Pfemdepunlfie Company ie hoteby ogMnud ldMxuu"Y'Wrom CammUmam for wo behdfof 00 Cailp@ny undo th¢ecd of the Cempeny or (r) EpdAddy eppougeQ atbmeY rrvnetef ilia Cgppwykfinab' ysawY rfdmaaiNeonY Wnnm Colnmitmen for wd optxadCpflh.CopWa^}' dmtha xel of theCwnpepYareihisMap not aiunijilef ',sach eejbn la a>ftll.nrnfbY'ale$®pl pfpowetiprovldodtw in uudl perapw'dlnat.ppolnlmam naum oromapinhdl: - - •, (}) - E4dh oiilie Rminrun theNnd nt end th V'[e7MRid eta oirhe'Compoy inhembysulhoriud,for end on Nhalof ac G¢mpmy le ojjnoiuih xntmgmny"Monfie¢tptpeytmlhctvfN epiri unh > rY ;eWYl and BNMnly fee RlM10.far Wde11 E0JIBIf DI1M1e Cpmp�yty Wider lhesep}af l(p Conpprya Dili rwne,wcM1 Wean Cpmttgtinenpotiad Compnynmoy bwpx fi"edm such wnuen )I aN.phnW.x�ch1pec fie¢ aroy bo,�byaenord tyjieor elh% Wn1lpnC mmtpgentsarby spedia.mipn of arl.wmore(mtnc�m Wnatn Communlmm (.) redo bf mine leadtmr gndyl<.Inift s.film Giompdo,tn Jiir y41ile.e.d. the odusntyn r< execuu for aid on behYfofdte Cmmpedy u rNo CbmyyAysa..l 4roth6646 and Wnnen Cotnmrtmemsofao Comyony 4 sr¢'gkgfed in xch WWAch filijo6on,wbihvpeGaneton oqb by -gennrsl type or dosser Wnhua Commiunems or by apnmflcnion ofm.cereal.perbryl¢r Writ.Cellvnnmeo n (}) 6pornit¢:dPenypm PF Ili gerpn dxetmtmgmyjt'±inoF CanwlateTr biofpo nprrent or,4dr¢gunnlansnun to Nin RecolW'om aM t -11 rrlthe Com}wny moy 6o amn¢d by fxS�md¢on SucbV W rep Comm lmanlo tlpn eppotncraitntgdel gpdon i FURTf16anS BD Ihthe mn t beemto n l al Drm ower end¢uNm arerxrmtle anwh.r aro ado an f.r rd nbehdofthr °1 ' dlndegl Pops. ervlhm*0dr'egp hfo<eeL q 7 rcedxpbFidipypgp tpdmpnl aP jly ) e; plyPB � p Y ( apch pawerm oWhonty oMewix validly pmtud Daunted '. Does hereby nominate,cab$tilule and appoint RmQlcy{Str DALE HARSHAW Gwftfey Shelton,Kyle Kmg,M7nna Huovlla Roejty Qualm Tara Bacon all ofthe City of SAN DIEGO,Califomia each individually if there be more than obi t rl'a'Ined,Its true and lawful attorney-mfe- el;to make,execute seal and ddflvbr on Its ba$Glf,` ;and aalfa BCt and doed'' and all bdrrds,undo r{pk}dgs,3xognlwnces,contmeWpn her wpiWig;Fn thF}nari7re fhereofan panalt}ts npt:ezcccding piflean million dollars&zero cans($JU00,Opaw)and`dta none utiogof such writings m purstpance I the a pmspntg sh@II I}e ag btifding upon seed Compony,as fully and amply as if they had been duly exceptedit and acknoWlddged l y the m ultrrly elected officers t ills�omt ny 4`it9 pricfclpel office', W,ITy }VF[EREF';:ttie sa}dStephamN flaaey„.Acc,President,lilts hereunto,s u}iscUfied ors rfamoand affrxed ilia Cbrpafato Seaj of the said SYESTCHBSTER ESS O FIR' NLSURANCE'C(aMPANY this I6.,:d f May 201.E" � . ��. ';I • ` WESTCHEST&R FIRE,INSDRANCH;COMPANY a - _3 '^l^'Me^f A3>Ih4Cy.Ylpp PlKd(:}{r M COMMONWEALTH OF PENNSYLVANIAr- COUNTY OF PHILADELPHIA Sa • -On this 1§dAy f May A� 20f 3�refore ono;@Notary Publir:••ofjftti Commonwealth of Penmylvanfajn and for the County alp Inc t a gtep'an M"M Haney,Vice-President oftlie WESTCHAST�lt FFRE'lNSURANCF3 COMPANY to me personally knowntobe th@(hdividualond'ot icti w)ta czecu Iho preceding instrument 9nd ha ac�nov4ledgecl that ha ercacttted She sumo opildjH th rAiii.'effixed to the prec1418 h}sirUl)ent ra the tprpomte spar of said f"amp;aiiya,[het the said corporate seal'sold his li gnalure'lvcre duly affized'by the am Drily Vd dlresgnon of the said wrporatlon,assd tif8t Resolution,adopted by;the 13uard ofpirectors of said Company.Werra#ta,(n the precei4ing ir[atniil3el�4 is P'"m r- IN TESTIMONY WHEREOF,I have Hereunto sorrily fiend an`d`affixed myrot3idial seal at the City of Philadelphia Iht day and year fast above welted: w may * ry a 2- t� a $ gAf lESM iill _ oil .� a• : . I,the urde ignetl Assi nt:Stcretary oftHb'kVEST HF TER�'IRL 1NS17RANCE COMPANY do Hirt' certify ShBt lot earner PQWEIjOP*TTdRt,JBY tiFy which the Fpfego ng Iss suEatanually trueynd¢orr�t co�lj' I�1nihall force enjl afflict. :; :'- z w s� a In witness when{''I have•Herepnto subsenb4M my name ps(s�slsl�nt Secra(aty,end a0ixed the corporate.seN of741e anion,th}s2pkffiay of 6fariih a 2015'? M � v . .. Rely+a5Y1�1 7 k � o. -IMIS PflVDE3i OFA�FIDi2TlE.Y MAY NOT RE U$EDTQEXECIITE ANY 13019 '1TH{Shl1 hVFY01�D, ,AFTER dvl8Y ltk 39f14 ^ -a t'' t 4 91 _ e. r I, ® THEBACK OFTHIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. z i I a CITY OF PALM SPRINGS PROVIDING ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF- WAYS LOCATED IN THE CITY OF PALM SPRINGS, CALIFORINA Information Required of Bidder NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT. Bidder is required to supply the following: 1) Contractor/Contractor Name and Address: 50 CAL �,Gt{�14 InAIYtl�Yt61.Via MI 2) Name and Title of person authorized to negotiate a contract for the Contractor: Zvi? , sid-eq 3) Telephone Number:( ��4 ) Z2jI (FAX Number) �14) 630 -gut p 1 4) Type of Contractor: _Individual _Partnership _Corporation _Other 5) Corporation organized under the laws of the State of l h0((rt-u& 6) Business License No. q�QaS-q Expiration Date: jj3o17 7) List at least five (5) current contracts which are similar to the City of Palm Springs' requirements. Contract$ Contract Account Name &Address Contact Person Amount Term & Phone Number a.�*,uLo- GCYAIV_S 3�00 �y.s�{ Ebert 6-74d o to IV -I,ILThh (7140gJ3 -3105 b. IDO) 416 of lake 05jrb166 l,o solorvno r�o C.. "Mir StTr?,f7 OV 0 q 4 -`✓(-o o o _Pncho �o n jk4o Comm a Il qc , Le�oad �V46 F Opf w) �t(L 04> b10- 4w d. V4tbw CODeI LA \I✓II4 }/` I�RM+ ! rho V1/&AS a595 aV[ 1 dire r'rS+ Lap)mg- 6�—L e4°lCb!Dlb 63�L C?MfG_ d Shy+ P7Q f `014! - 741 -b190 List name and title of the rso who will supp�ervise full-tim the work of this Contract for our Contractor: rs4m �J urlfn � �mo e u ra a y 9) Number of years in this type of business: 770 M M (5 4 10) Response Time: _I rN r (USE ADDITIONAL PAGES IF NECESSARY) 30 .......... 3 4 2H1,H U � m 11I p�jRN' INVITATION FOR BID(IFB 15-11) FOR ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS LOCATED IN CITY OF PALM SPRINGS ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: i j THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE IFB DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. DELIVERY OF BIDS — NOTIFICATION OF PARKING LOT CONSTRUCTION AT CITY HALL: Contractors are hereby notified that there will be construction in progress at the Palm Springs City Hall parking lot on the day that bids are due. Bids will be received by the Office of Procurement & Contracting until 3:00 P.M. on Tuesday, March 24, 2015. Contractors shall take this into account in the delivery of their bid, as neither the City nor the parking lot contractor shall be liable or responsible for the late delivery of a bid due to the construction in progress. It is the resoonsibility of the bidder to see that any bid hand delivered or sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Office of Procurement & Contracting by the due date and time. Late bids will not be accepted and shall be returned unopened. The City has received the following questions and is hereby providing answers thereto: Q 1: Who is the current contractor? A 1: R. Robles Pipeline Laying dba:Southern Valley Water Features Q 2: What were previous bid results? A 2: Refer to attached Bid Abstract(total based on annual cost) BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA (AW Procurement Specialist II DATE: March 5, 2015 ADDENDUM ACKNOWI- MENT: �} Proposer Firm Name: '�� 93 i Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. I I i I I i 94 i . VENDORS& ' AMOUNTS BID VENDORS& AMOUNTS BID -BID ABSTRACT ID �T �1 DUE AO DATE: <24t IDDING TO: vj l�mads r GJIYSS�y1 LANTITY COMMODITY ITEM dF TO 20 00 na 52S 575.w h 5� to t INVITATION FOR BID (IFB 15-11) FOR i ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS l LOCATED IN CITY OF PALM SPRINGS ADDENDUM NO. 2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE IFB DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: 1 understand that all future work is now prevailing wage. My question is to the classification of this roadside maintenance contract. I assume that this is a Landscape Maintenance Laborer? A 1: Yes. Generally the work is related to landscape maintenance which also includes removal of trash and debris from the right of way. Q 2: The attached Addendum 1 indicates bid result figures in Dollars. I would like to know what the unit measure or hours the figures were based on, i.e., how many hours were proposed for that contract for each figure/bid item? A 2: The bid results reflected an 8hr per day, 32hrs per week price which included all equipment,supplies, insurance, uniforms and other associated costs. Q 3: Could you provide me with a plan holders/bidders list for this project? A 3: See attached bidders list. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA 96 CAW Procurement Specialist II DATE: March 17, 2015 ADDENDUM ACKNOWLED EE Proposer Firm Name. - b 1 �e Authorized Signature: Date: Acknowledgment of Receipt of Addendum 2 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. I i I 97 n m REGISTERED VENDOR LIST T A Jones Concrete Construction CSLB#894414 A,B,C8 1220 Highland Avenue#691 Duarte, CA 91010 Tyrone Jones 951.757.9873 Goodwill Southern California Louise Oliver 14565 Lanark Street Panarama City, CA 91402 818-815-3020 Office 818-515-1403 Cell Golden Valley Construction Mike Honz 2000 Executive Drive i Palm Springs,CA 92262 Email: goldenvalleyconst@verizon.net Phone: (760)322-0010 FAX: (760)322-0020 I DBi Services Region 5 Kevin Scrivner 1459 South Cucamonga Ave. Ontario,CA 91761 800-278-1880 Office 951-545-4988 Cell 888-902-2194 Fax Coachella Valley Construction & Engineering PO Box 1182 Thermal, CA 92274 David Cordero 760-989-2299 Phone 98 I I � i 1 I * II { F.'�!--:.&�`.'r6Y��YRrdtz:.'PeStldfiW `i"1�".>sae,.a'a&'the.SU'A"°a&ICJ_v:::A^«°$?4isurrn:'�.v-.{.er�•tY..,.,..mra'..5 . _. r_.i-c.u—alaaz_ � xrez.:•:x,v,•.RxtNsaS'Yur?�txfisl.- r,. —.,,:':-.+ ..:,;: � BUSINESS LICENSE CERTIFICATE CITY OF INDIAN WELLS The person,find or corporation named below.:is granted this certificate pursuant to the provisions or the City Business Tax Ordnance. Issuance of certificate is not an ; "endarsemenp nor eeruficatwn of.com compliance with other ordinances or laws,nor an assurance that the.proposed use is In conformance'with the of zoning P . P Po ty f g regulations; This g ;r Certificate Is Issued without verifipflon that the taxpayer is au4ect t0 or wampt from licensing by the State of California, BUSINESS NA E; So Cal Land Waintenance, Inc Business Tgpe: ' 035 BUSINESS LOCH IQN; 74800 Village Center Or Description; Landscape Maintenance Indian Wells,CA 92210 ! t Business License Number. 28e 4 EffectNe We: 'December 48,414 a Expiratian Date: December 31-,2015 SO CAL LAND MAINTENANCE, INC. License Fees Paid: $85.00 S 3000 E CORONADO STREET ANAFIEN,CA 328Q6 , By: anager or Designee TO BE POSTED IN A CONSPICUOUS PLACE NOT TRANSFERABLE i - S.�iSevsPrdtlmATta. - �!4ibeJL.�eN"311Fe:SfRT.Ss t:..rnva. s.n...acs. .xeza,ws.;�*arz�szesL6ilTm�.twaxao'evaas.�turea3�aa�x�T=�(:�.=�'-'w-..z'r [D HIG Y 111 CITY OF RANC. MlkAGE 69RA E,CA, 2276- . . ., RANCHO MIRAGE, GA 92270-2696 _ ® .. .. . : .: (760).7.70-3207 . . ,.. www.ci.rancho-Mira e.ca.US BUSINESS LICENSE.TAW CERTIFICATE Business Licenses are Non-Transferable.For Change of Owners a new Business License Application is required THIS IS NOT A BILL —..DO NOT REMIT PAYMENT REMOVE THE BOTTOM PORTION OF THIS PAGE AND POST IN A CONSPICUOUS PLACE. _.. . T1Ie folinng amount was receipted ' &v -oar Business.Eicense'Tas LICENSE FEE: $ 89.00 PENALTIES: ` . 00 TOTAL"DUE: $ 89."00 PA1D: $ 8,9 49 . BAI>r13T( E DUE: � 0© * * Remove boltom' portion end pq t'z*a a Conspieunus.place CITY OT RANCHO>IIBAGE j3USlNESS LICENSE TAX CERTIFICATE Thts aclmowlcook,?Lat ttie person,fvm.ur cotporafioa named below Las paid tpe indtcate'd CITY OF*21 MIR 1Ci agmuntdfmOnegnnac mto(busnessuceDsetaxeSappticabletnen gabs raryon, 37tkondnkX.ia tLe 6tytdk4ficha Mirage Gshfp*a,tm bnsiness, a s�1Lrt9, ...: Ygf4,3,gT'n:.erlu3iQon-or oceupltivn ileSCnludbelaa!_for the.period indiemedr m,uoce, eretitf ts$n�E,enb#Teti»IYtenseeto 4p�rate-ortneintaina bu5taessia Violauort`of 4R .. other,iaer i�i oXdupance. THE GIB"c'"Y7F:1t�171G##Oi'MiRd+�rE'DOES NOT WARRANT THE . .. QtSktLfF7CP.1'IONS i3E PERSONS OR'.$USItJ$S$ S TAXED ISs"Data .01/28/2015 Expiration"Date: 01/31/2016 Business Id: 203868 Business Address: Business Name: 74800 VILLAGE CENTER DRIVE INT)lAN WELLS,.CA.92ZI0 SO CAL LAND MAINlrENANCE 3000 E CORONADO ST. LI N E "^i$. 99-00 ANAHEIM, CA 92806 $AI AICE.DIIE:':$ 00 - i o e nrrerwL+ac r�mt.,.rnuV• .17c- rONTRAC:TOItS /SPECIALTY - Di[ of Ad misfratiye Services i 's Business Search - Business Entities - Business Programs Page 1 of 1 I i to @ a ;�` �la� irrt'a lB'hyabe 1t_�'o ITva1ttt+i'a�` rbl"F'�If la) �A.a'Rt" ry in i'N"«, �14Um:cfci, k.»t:"-iei .cur"„t�^,aS,,�k.,,.)aS.>v::..v.+,d.v33v.5:_.�s ..«:vt'.a>Lr}i.u.:awaJ Secretary of State Main Website Business Programs Notary&Authentications Elections Campaign&Lobbying Business Entities(BE) Business Entity Detail Online Services - Information Statements of Data is updated to the California Business Search on Wednesday and Saturday mornings-Results Information for Y Y 9 Corporations reflect work processed through Friday, March 20,2015.Please refer to Processin Times for the -_- .-..-_......-g..._..—... -Business Search - received dates of filings Currently being processed.The data provided is not a complete or certified -Processing Times record of an entity. -Oistlosure Scorch Main Page Entity Nom ii SO CAL LAND MAINTENANCE,INC. 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MOAify Searth Now Search Printer Friendly Back to Search Results Privac StTtemen[ tree nocument Readers Copynght®2015 California Secretary or State - 0 http://kepler.sos.ca.gov/ 3/24/2015 Attachment 4 102 City of Palm Springs, CA PrmuremBnt omvw ft Division Bid abstract BID ABSTRACT Vendors& Bid Amounts ce i BID # TF 111� -1 PROJECT o° NAME: ad. Idle_ � C� DUE DATE: 3 a DESCRIPTION: "T 9q Total of all Bid Schedule Items i Witnessed By: Date: r 0 w QALM Sp G+ V N S M ryC0409Mf0 c'`'F°RN'P MEMORANDUM DATE: April 1, 2015 TO: Mayor and City Council FROM: Marcus Fuller, Assistant City Manager/City Engineer SUBJECT: Award Roadside Maintenance Contract Item 2.C, Approval of a Contract Services Agreement with So Cal Land Maintenance, Inc. for Roadside Maintenance, recommendation was revised to: Approve the award of a contract services agreement with So Cal Land Maintenance, Inc., as specified in Invitation for Bid #08-15, for roadside maintenance services for an estimated monthly amount of $6,751.67, not to exceed $81,020.00 per year for three years with two one- year extensions upon mutual consent of City Engineer and So Cal Land Maintenance, Inc. The previous recommendation would have only authorized the approval of a one year contract services agreement.