HomeMy WebLinkAbout7/21/2004 - STAFF REPORTS (4) DATE: July 21, 2004
TO: City Council
FROM: Director, Procurement & Contracting and Director of Aviation
AWARD BID AND APPROVE CONTRACT FOR PEST CONTROL.
RECOMMENDATION:
It is recommended that the City Council award Bid (IFB) 04-01 and approve contract for Providing
Pest Extermination and Control Services at the Palm Springs International Airport to Dewey Pest
Control for a 3 year period at monthly rates amounting to $390.00 and a contract not to exceed
amount of$14,040.00.
SUMMARY:
The City requires regular pest extermination and control services in order to provide a healthy, pest
free environment in Airport buildings/facilities. The contractor shall provide pest extermination and
control services, including rodent and pest control, inside designated Airport buildings/facilities and
outside areas adjacent to the designated buildings. Services shall be performed at least twice per
month in each of the buildings/facilities. This action would award a bid for pest extermination and
control services necessary to maintain a pest free environment at the Palm Springs International
Airport.
BACKGROUND:
IFB No. 04-01 for Pest Extermination and Control Services was published in the Desert Sun June
15, 2004 and was mailed to or picked up by 24 firms. A walk through was conducted on June 23,
2004 and attended by 11 prospective bidders. Ten bids were received, opened and read publicly
by the Procurement and Contracting Office at the bid opening time and date of 2:00 P.M., June 30,
2004. Results of this IFB are as follows:
Contractor Total Monthly Rate Contract Total
Dewey Pest Control $ 390 $ 14,040
Truly Nolan $ 420 $ 15,120
Orkin Exterminating $ 495 $ 17,820
On The Fly $ 525 $ 18,900
Riverside County Pest Control $ 600 $ 21,600
Fantastic Exterminators $ 620 $ 22,320
Dunphy's ExtermaPest $ 674 $ 24,264
Antimite $ 690 $ 24,840
Desert Valley Exterminators $ 805 $ 28,980
Western Exterminators $ 850 $ 30,600
The buildings to be treated for pests are located at the Palm Springs International Airport. The
sites located at the Airport include the Main Terminal Building, Phase 2A Concourse, South
Concourse, North & South Holdrooms, Taxi/Bus Facility, Loop Road/Parking Lots, Engineering
Trailers and the Vehicle Inspection Plaza.
The Contractorwill perform pest extermination and control services at least twice monthly at each
service location. In addition to the monthly services,the Contractor shall be subject to call-back any
time an indication of an infestation is noted, responding to call-back requests within 24 hours at no
additional cost to the City.
The terms of the contract allow the City to extend for two additional one year periods.
Funds are available for the work to be performed in the following account:
415-6200-43200 - Terminal Building Operations, Contractual Services
HAROLD E. GOOD RICHARD S. WALSH, A.A.E.
Director of Procurement & Contracting Director of Aviation
APPROVED:
City Manager
Attachments: Minute Order
Contract Services Agreement
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
Pest Extermination and Control Services
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this day of 2004, by 'and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein"City")and Dewey Pest Control, (herein "Contractor").
(The term Contractor includes professionals performing in a consulting capacity.) The parties
hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal, The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth herein.
In the event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits Fees and Assessments. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees, assessments,taxes penalties or interest levied, assessed or imposed against City hereunder
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed, and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has or will
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions, which will materially affect the performance of the services hereunder, Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
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written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans,studies and/or other components thereof to prevent losses ordamages,
and shall be responsible for all such damages,to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties agree
to act in good faith to execute all instruments, prepare all documents and take all actions as may
be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work. No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or(ii)
the time to perform this Agreement, which said adjustments are subject to the written approval of
the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may
be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Contractor that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the
risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional
compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of fourteen thousand and forty Dollars, ($14 040.00) (herein "Contract Sum"),
except as provided in Section 1.8. The method of compensation may include: (i) a lump sum
payment upon completion, (ii) payment in accordance with the percentage of completion of the
services, (iii) payment for time and materials based upon the Contractor's rates as specified in the
Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may
be specified in the Schedule of Compensation. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, telephone expense, transportation
expense approved by the Contract Officer in advance, and no other expenses and only if specified
in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor
at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled
to any additional compensation for attending said meetings.
2.2 Method of Payment. Unless some other method of payment is specified in
the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no
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later than the first (1st) working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of the
invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractorshall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit"D", if
any, and incorporated herein by this reference. When requested by the Contractor, extensions to
the time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure. The time period(s)specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or negligence
of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually
severe weather,fires, earthquakes,floods,epidemics, quarantine restrictions, riots, strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten (10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of this
Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant
to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
Ron Pelham Brock J. Dewey
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without the express written approval of City.
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4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth herein. City shall have no voice
in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to City a wholly independent contractor with only such obligations as are consistent with
that role. Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. City shall not in any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractorshall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
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liability insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language. The Commercial General
Liability Insurance shall name the City, its officers, employees and agents as additional
insured.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amountwhich fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of $1,000,000 bodily injury and property damage, Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit B.
All of the above policies of insurance shall be primary insurance. (Reference Section 5.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No
work or services under this Agreement shall commence until the Contractor has provided the City
with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance, endorsements, or binders are
approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Contractor is required to
maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims,damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein,
orarising from the negligent acts oromissions of Contractor hereunder,or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
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(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractorwill promptly pay anyjudgment rendered against the City,
its officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City Clerk, which secures the faithful performance of this Agreement,
unless such requirement is waived by the Contract Officer. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and
current copy of his power of attorney. The bond shall be unconditional and remain in force during
the entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the
Federal Register, unless such requirements are waived by the City Manager or designee of the City
("City Manager") due to unique circumstances. In the event the City Manager determines that the
work or services to be performed under this Agreement creates an increased or decreased risk of
loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written
notice from the City Manager or designee; provided that the Contractor shall have the right to
appeal a determination of increased coverage by the City Manager to the City Council of City within
ten (10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned
about the cost of work and services to be performed pursuant to this Agreement. For this reason,
Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or
events that, may or will materially increase or decrease the cost of the work or services
contemplated herein or, if Contractor is providing design services, the cost of the project being
designed,Contractor shall promptly notify the Contract Officer of said fact, circumstance,technique
or event and the estimated increased or decreased cost related thereto and, if Contractor is
providing design services,the estimated increased or decreased cost estimate for the project being
designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement and
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enable the Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all times during normal business hours
of City, including the right to inspect, copy, audit and make records and transcripts from such
records. Such records shall be maintained for a period of three (3) years following completion of
the services hereunder, and the City shall have access to such records in the event any audit is
required.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and agents
in the performance of this Agreement shall be the property of City and shall be delivered to City
upon request of the Contract Officer or upon the termination of this Agreement, and Contractor
shall have no claim for further employment or additional compensation as a result of the exercise
by City of.its full rights of ownership of the documents and materials hereunder. Any use of such
completed documents for other projects and/or use of uncompleted documents without specific
written, authorization by the Contractor will be at the City's sole risk and without liability to
Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom.
Contractor may retain copies of such documents for its own use. Contractor shall have an
unrestricted right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10) days of service of such notice and completes the
cure of such default within forty-five (45) days after service of the notice, or such longer period as
may be permitted by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare,such immediate action may be necessary. Compliance with the
provisions of this Section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate Gity for any
losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be
liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which
shall appear to be the basis for a claim of lien, City may withhold from any payment due, without
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liability for interest because of such withholding, an amount sufficient to cover such claim. The
failure of City to exercise such right to deduct or to withhold shall not, however, affect the
obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine in
the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the City the sum of _(Waived in Exhibit B) ($ ) as liquidated
damages for each working day of delay in the performance of any service required hereunder, as
specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies
payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in thefollowing Section fortermination
for cause. The City reserves the right to terminate this Agreement at any time, with or without
cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to
the fault of the Contractor, the period of notice may be such shorter time as may be determined
by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement
at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that
where termination is due to the fault of the City, the period of notice may be such shorter time as
the Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be
entitled to compensation for all services rendered prior to the effective date of the notice of
termination and for any services authorized by the Contract Officer thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, except as
provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall
be entitled to compensation only for the reasonable value of the work product actually produced
hereunder. In the event of termination without cause pursuant to this Section,the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of
the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the City
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shall use reasonable efforts to mitigate such damages), and City may withhold any payments to
the Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or -
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action,taking depositions and discovery
and all other necessary costs the court allows which are incurred in such litigation. All such fees
shall be deemed to have accrued on commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liabilitv of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The Contractor warrants that it has not
paid or given and will not pay or give any third party any money or other consideration for obtaining
this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City,
to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O.
Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement. Either party may change its address
by notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two(72) hours from the time of mailing
if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
9.3 Integration;Amendment. It is understood that there are no oral agreements
A9
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
SIGNATURES ON NEXT PAGE
A10
IN WITNESS WHEREOF, the parties have e`cecuted and entered into this Agreement as of the
dal= first written above.
CITY OF PALM SPRINGS
A r EST: a mu,,icipal corporation
3y. _— EY
City Clerk i,ity Manager
APPROVED AS TO FORM:
By" ---.
City Attorney
CONTRACTOR: (-'heck one:_Individual _Partnership_Corporation
;orpo,atlons require two notarized siSnablres. One from each of the following: A. Chairman of Board,President, or any Vlce
President.AND B.� L Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,
_orrCChief Financial OIFi(er).
By: > V Ey_dk� —
Signature notarized} S'sgn re(no,}t�anze
Name: RON Pc"LFlA)M _ Name: 6R®� -T ' A.J'eY"}'
Title: PI (_S I DcN i _ Title: . ECP' �`�,_
Address: 939 E, Qf4lo w SF Address: E--- ufhfltI ST.
PA)SA 0 -NA CA. V106- 17lE, N,�sA u4 � ,�_/ GA 91►c6 -j*/G
state at c�!Atilr., ] state of_IfAkIr.
County of l.65 An Iurz5 iss County of f oS An.Un�LES le`•
On7��i baforeme.�n/71k �A� ,J � /'UBI,rC_ On 7-1 d ce, before me,-y,i t 41E- A)K,e PUsoN-
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personally appeared personallyappeared SQOct.,)��
personally known to me (or proved to me on the basis of personally known to me (61 pmv�o me on the basis of
satisfactory evidence)to be the persons)whose rem e(s)Wars satisfactory evidence)to be the oerson(s)whose name(s);s/are
subscribed to the within Instrument and acknowledged to me subscribed to the wlfhin instrument and acknowledged to me
that he/shelthey executed the same in nis/her/thetr authorized that he/she/they executed the same In his/ner/their authorized
capeClty(les), and that by his/hot/their signature(s) on the capacity(ies), and that by his/hedthcir signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument r`hha person(s),or the enfity upon behalf of which the
person(s)acted, executed the instrument persons)acted,executed the instrument
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
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A10
EXHIBIT"A"
SCOPE OF SERVICES
The Contractor shall provide pest extermination and control services, including rodent and pest
control, at designated Airport buildings/facilities and in outside areas adjacent to the designated
buildings. Services shall be performed at least twice per month at each service location.
The Contractor and all of Contractor's personnel performing services hereunder shall possess all
licenses required by the State of California to perform said services, including but not limited to the
requirements of the Structural Pest Control Board and the Department of Pesticide Regulation.
The Contractor agrees to provide the services in a safe manner in accordance with current pest
elimination procedures to eliminate rodents and insects. The Contractor will provide all materials,
supplies, equipment, personnel and supervision necessary to perform the required services.
Material and methods of application used in the performance of such services shall conform to
applicable federal, state and local laws and regulations. Prior to commencement of work, the
Contractor shall furnish to the City's Contract Officer Material Safety Data Sheets for all chemicals
to be used in the performance of the scope of work.
In addition to the monthly service, the Contractor shall be subject to call-back any time an
indication of an infestation is noted. The Contractor shall respond to call-back requests within
twenty-four (24) hours at no additional cost to the City.
Special inspections may be requested by the City Representative, as needed.Any problems noted
during the inspection shall be corrected within the following 24 hour period.
Pests are defined as rodents (including rats, mice and squirrels), ants (including fire ants), bees,
mites, cockroaches, crickets,silverfish, spiders,fleas, scorpions and other crawling insects. Pests
excluded from this contract include termites and other wood-destroying insects.
All of Contractor's employees, representatives and officials shall be expected to maintain excellent
relations with the public, City officials and employees. Any display of offensive, discourteous or
rude behavior by any representative of the Contractor may because for contract termination. Use
of alcoholic beverages by Contractor's representatives is prohibited, and representatives are
prohibited from being on the premises under the influence of alcohol or any other substances.
Locations of Service: Pest extermination and control services shall be provided at the following
locations at the Palm Springs International Airport, 3400 Tahquitz Canyon Way, Palm Springs, CA
92262:
Building/Facility Area Description
Main Terminal Building complete, including baggage claim, ticket wing, central
lobby, upstairs offices and utility rooms (mezzanine),
restrooms, mechanical rooms and supply closets, all
entry ways and exterior building areas, excludes
restaurant and kitchen interior only
Phase 2A Concourse Apron (ground) level and Concourse level, includes the
Transportation Security Administration offices, all other
interior spaces and exterior space. Excludes the
restaurant
South Concourse includes restrooms, commuter holdroom, all exterior
areas and boarding gates
Al2
Building/Facility Area Description
North & South Holdrooms Includes interior, exterior, and adjacent patio areas
Taxi/Bus Facility includes interior and exterior of building
Loop Road / Parking Lots rodent control in front of the Main Terminal, on adjacent
Loop Road median and extending into parking lots, in the
areas containing trash receptacles
Engineering Trailers Includes interior and exterior areas
Vehicle Inspection Plaza Includes interior and exterior of Inspection building and
surrounding roadway areas, and interior and exterior of
adjacent doublewide mobile office
Security
Keys
As required,the AIRPORT will issue keys for access to the work area. Contractor shall assume full
responsibility for theft or loss of said keys and shall pay for re-keying all locks operated by these
keys. Keys shall not be duplicated.
Security System
The work area may be protected by limited access security systems. The AIRPORT will issue an
initial access code number to the Contractor. Thereafter, all costs for changing the access code
due to changes in personnel or required substitution of contracts shall be paid by the Contractor
and may be deducted from payments due or to become due to the Contractor. Furthermore, any
alarms originating from the Contractor's operations shall also be paid by the Contractor and may
be deducted from payments due or to become due to the Contractor.
Facility Security
Contractor shall keep all doors locked while working in the building, Keys shall not be left in the
doors. Contractor shall not admit any person into the building who is not a direct employee of the
Contractor and not actively engaged in performance of the work. Contractor shall restrict access
to the designated buildings and designated parking area. At no time shall the Contractor or its
employees enter other areas of the facility not specifically included in this contract for pest
extermination and control services. The Contractor shall check all windows and doors for proper
closure and locking, and extinguish all lights except master security lighting before leaving the
facility.
Damage
Contractor shall immediately report all conditions and/or occurrences out of the norm to the Airport
Control Center to include broken windows, vandalism, and/or other major facility damage.
Contractor shall immediately report any minor facility damage, i.e., walls, flooring, plumbing, etc.,
that would affect facility operation and appearance to the Contract Officer.
Background Check
For each individual proposing to perform services in accordance with the proposed agreement, the
Proposer shall complete an employment background verification covering the past ten (10) years
of employment and unemployment history.
A13
tj �.
The proposer shall obtain ten (10) years of employment history and verify the most recent five (5)
years for each individual performing services in accordance with the proposed agreement.
Any applicable additional information shall be completed and submitted to the Contract Officer prior
to the individual beginning the Criminal History Records Check (CHRC) process.
The employment history verification for each employee shall be submitted to the Contract
Administrator priorto the individual beginning the Criminal History Records Check(CHRC)process.
All information submitted will be reviewed by the Contract Officerfor completeness and compliance
with the security procedures of the Airport.
The AIRPORT reserves the right to conduct random, unannounced audits of the proposer's
employment history, as required.
Criminal History Records Check (CHRC)
The Contractor will be required to submit to the AIRPORT, prior to commencing work in
accordance with this agreement,a letter authorizing specific Contractor representatives to approve
the issuance of Airport Identification badges and the processing of a fingerprint based Criminal
History Records Check (CHRC) and/or an employment history verification.
Each of the Contractor's employees will be required to successfully complete a Criminal History
Records Check (CHRC) in accordance with 49 CFR Part 1542. Employment history verification
records and/or CHRC results must be made available to the AIRPORT,the Transportation Security
Administration (TSA) and/or Federal Aviation Administration (FAA) immediately upon request.
Under certain circumstances, and out of control of the AIRPORT, security measures may change
on short notice. No deviations from any security measure shall be allowed at any time.
All Contractor personnel who will be performing pest extermination and control services, prior to
the issuance of an Airport Identification badge, must successfully complete a fingerprint based
Criminal History Records Check (CHRC). In accordance with CFR 49 1542.209, the CHRC must
disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any
of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before
the date of the individual's application for urescorted access authority, or while the individual has
unescorted access authority. The disqualifying criminal offenses are as follows:
Forgery of certificates, false marking of aircraft, and other aircraft registration
violation; 49 U.S.C. 46306,
Interference with air navigation; 49 U.S.C. 46308.
Improper transportation of a hazardous material; 49 U.S.C. 46312.
Aircraft piracy; 49 U.S.C. 46502,
Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
Conveying false information and threats; 49 U.S.C. 4650T
Aircraft piracy outside the special aircraft jurisdiction of the United States;49 U.S.C.
46502(b).
Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
Unlawful entry into an aircraft or airport area that serves air carriers or foreign air
carriers contrary to established security requirements; 49 U.S.C. 46314.
Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
Murder.
Assault with intent to murder.
Espionage.
Sedition.
I
A14
Kidnaping or hostage taking.
Treason.
Rape or aggravated sexual abuse.
Unlawful possession, use, sale, distribution, or manufacture of an explosive or
weapon.
Extortion.
Armed or felony,unarmed robbery.
Distribution of, or intent to distribute, a controlled substance.
Felony arson.
Felony involving a threat.
Felony involving-
1. Willful destruction of property;
2. Importation or manufacture of a controlled substance;
3. Burglary;
4. Theft;,
5. Dishonesty, fraud, or misrepresentation;
6. Possession or distribution of stolen property;
7. Aggravated assault;
8. Bribery; or
9. Illegal possession of a controlled substance punishable by
a maximum term of imprisonment of more than 1 year.
Violence at international airports; 18 U.S.C. 37.
Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d).
The AIRPORT utilizes an electronic fingerprint machine, which will be utilized for the taking and
submission of fingerprints.
Generally, CHRC results are returned to the AIRPORT from the TSA within 3-5 business days.
Employee Security Badges
All Contractor personnel who will be performing pest extermination and control services must
obtain, and conspicuously display on their person at all times when they are on duty, an Airport
issued security identification badge.
The appropriate badge may be obtained at the Airport Operations Center located in the terminal
building. Contractor's cost for each identification badge is$25.00. Each CHRC also costs $35.00.
Stolen and/or lost identification badges are subject to a $35.00 replacement fee.
All badges are to be returned to the AIRPORT when the services are no longer required.
In order to obtain a Secured Area identification badge, each Contractor employee must have
satisfactorily completed the aforementioned CHRC and successfully completed a required 2 hour
training class on airport security. Attendance of the class and subsequent issuance of the security
identification badge may take longer than 3 hours per person.
SIDA training will be provided by the AIRPORT and will be scheduled at a mutually agreeable time
to the Contractor and the AIRPORT.
r
A15
EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 1.4 The Contractor shall:
have a Branch 2 Applicators License, issued by California Structural Pest Control
Board;
be licensed in accordance with the requirements of the Department of Pesticide
Regulation, if applicable;
be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40
through 3.96 entitled Business Tax;
possess any other applicable license required in the performance of these services.
Section 4.2 After the Contract is awarded the Contract Officer is to be the Airport Maintenance
Superintendent for the City of Palm Springs, or his designee.
Section 5.3 The requirement of Section 5.3 for a Performance Bond is hereby waived.
Section 7.7 The requirement of Section 7.7 for Liquidated Damages is hereby waived.
A16
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Total compensation for services provided during the initial three-yearterm of this Agreement shall
not exceed $14,040.00.
Monthly compensation for individual buildings/facilities to be serviced shall be as follows:
Building/Facility Charge for Monthly Service
Main Terminal Building $ 115
Phase 2A Concourse $ 50
South Concourse $ 45
North & South Holdrooms $ 50
Taxi/Bus Facility $ 30
Loop Road / Parking Lots $ 30
Engineering Trailers $ 45
Vehicle Inspection Plaza $ 25
Grand Total, Monthly Service: $ 390
Contractor will submit an itemized invoice monthly listing separately each of the buildings listed in
the Scope of Work. The invoice shall be accompanied by receipts, dated and signed by a City
Employee, verifying the work was performed. Invoices and receipts will be submitted to the
Contract Officer for approval.
Billings must reference a 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.
ir
A17
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The term of this Contract will be for three (3) years from date of award, with two (2), one year
renewal options upon mutual consent of the City and the Contractor.
All buildings shall be inspected and treated at least twice each month and more as may be required
at no additional cost to the City for the eradication and preventative control of rodents and insects.
In addition to the monthly service, the Contractor shall be subject to call-back any time an
indication of an infestation is noted at no additional cost to the City. The Contractor shall respond
to routine call-back requests within twenty-four (24) hours and to emergency call-backs requests
(such as for bee swarms) within six (6) hours.
Time of Service The Contractor shall perform the services of the Contract during normal City
work hours, Monday through Friday from 8:00 a.m. to 5:00 p.m., except as required by the City's
Contract Officer. Saturday and Sunday hours must be approved in advance. Services shall not be
scheduled on City holidays. (A Holiday schedule will be provided).
Schedule of Work - The Contractor shall furnish to the City's Contract Officer 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's Contract Officer as
required.Any work to be performed not conforming to this schedule shall be approved by the City's
Contract Officer prior to such occurrence.
A18
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
Bye /
City Attttorrnney
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President,or any Vice
President:AND S.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
Address: Address:
State of ) State of
County of )ss County of )ss
On—_beforeme, On before me,
personally appeared personally appeared
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted, executed the instrument. person(s)acted, executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
,J
pA� �N City of Palm Springs
Department of Procurement and Contracting
RIOIXPIEO
cq<i Foa��P 3200 Tahquitz Canyon Way - Palm Springs,California 92262
TEL: (760) 323-8239 - FAX: (760) 322-8372 - TDD: (760) 864-9527
June 8, 2004
- REVISED -
REQUEST FOR PROPOSALS (RFP 09-04)
CUSTODIAL MAINTENANCE SERVICES
AT THE
PALM SPRINGS INTERNATIONAL AIRPORT
NOTICE IS HEREBY GIVEN that SEALED PROPOSALS will be received from qualified firms interested
in submitting a proposal to provide Custodial Maintenance Services at the Palm Springs International
Airport, for a three (3) year period, with the approval of the City Council for the City of Palm Springs, with
a proposed contract start date of October 1, 2004.
PRE-PROPOSAL CONFERENCE: A MANDATORY pre-proposal conference and site visit will
be held on Tuesday, June 15, 2004, at 1:00 p.m. AND on
Thursday, June 17, 2004 at 9:00 a.m. at the Palm Springs
International Airport, Airport Conference Room, 3400 E
Tahquitz Canyon Way, Palm Springs, CA to familiarize
potential offerors with site conditions. Offerers are
REQUIRED to attend either of the two (2) conferences.
PROPOSAL SUBMISSION LOCATION: City of Palm Springs
Department of Procurement & Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
C/O Harold E. Good, CPPO
Director of Procurement & Contracting
SUBMISSION DEADLINE: July 8, 2004 by 5:00 p.m. PST.
CONTACT: Submit questions in writing, to:
Harold E Good, CPPO
Director of Procurement & Contracting
Phone: 760-323-8239
FAX: 760-323-8238
Email: HaroldGaci.palm-springs.ca.us
PROPOSAL REQUIREMENTS: All submissions shall be marked on the outside of a sealed
envelope "Custodial Maintenance Services for the Palm
Springs International Airport", the name of the proposer, the
RFP title and number. The certified or cashier's check or Bid
Page 1 of 7 1_?0
0_T_C�D
(51/5/0 q
City of Palm Springs, RFP 09-04 Custodial Maintenance Seivices for the
REVISED NOTICE Palm Springs International Airport
Bond shall be enclosed in the same envelope with the
proposal. Submit original and four complete copies.
Proposals received without the required number of copies
may be deemed non-responsive and may not receive
consideration.
1. BACKGROUND: This Request for Proposal (RFP) is soliciting proposals from qualified firms to
provide Custodial Maintenance Services for all Palm Springs International facilities,as identified within
this RFP.
a. The Palm Springs International Airport (PSP), is owned and operated by the City of Palm
Springs, Department of Aviation (AIRPORT)and serves as the only commercial service airport
in Riverside County, California. Six (6) major airlines and three (3) commuter airlines provide
commercial passenger service, which in calendar year 2003 was approximately 1.3 million
passengers. PSP's commercial passenger volume has grown from approximately 850,000 in
1992 to the approximate 1.3 million passengers in 2003. It is anticipated that commercial
passenger volume will continue to increase over the proposed contract period.
b. Historically, airline flights arrive and depart between the hours of 5:00 a.m. to 12:00 a.m., seven
(7) days a week, with general public use approximately one hour prior to and one hour after
those times. However, the terminal is open on a twenty-four (24) hour basis to accommodate
all of the maintenance operations that cannot be accomplished during regular business hours.
AIRPORT personnel are on duty 24 hours a day, 7 days a week and 365 days a year.
2. PURPOSE:The purpose of this Request For Proposal(RFP)is to solicit proposals from qualified firms
for all management, labor, supervision, materials, equipment, supplies and services and all other
items necessary or proper for or incidental to the performance of Custodial Maintenance Services,
including all appurtances at the Palm Springs International Airport.
3. DATE AND TIME FOR OPENING PROPOSALS: Sealed proposals will be received at the office of
the Director of Procurement&Contracting of the City of Palm Springs, California until 5:00 PM local
time on July 8, 2004. Upon receipt by the City's Procurement Office, each Offer shall be stamped
by the City with the date and time received; but it shall not then be opened. The official evidence to
establish the date and time of receipt at the Procurement Office of the City is the date and time
stamped on the envelope.
Any Offer received after the exact date and time for receipt will not be considered for award; however,
an exception may be made when a late Offer would have been timely but for the action or inaction of
City personnel.At that time,they will be opened and the names of the proposer and the proposed cost
to complete the project will be read aloud. Proposals shall be submitted in accordance with this RFP.
4. LOCATION OF THE WORK: The Work to be constructed hereunder is located at the Palm Springs
International Airport, 3400 East Tahquitz Canyon Way, Palm Springs, California.
5. OBJECTIVES: The primary objectives of this RFP are to:
a. Provide full custodial maintenance services for all airport facilities as listed herein, at the Palm
Springs International Airport.
Page 2 of 7
City of Palm Springs, RFP 09-04 Custodial Maintenance Services for the
REVISED NOTICE Palm Springs International Airport
b. Service and maintain the main passenger terminal to an "as new,just opened"appearance at
all times.
C. Under the proposed agreement, the Proposer will provide all supervision and quality control
required not only to meet a minimum specification, but also to provide all necessary custodial
services, regardless of interval, to keep all airport facilities at a peak level of cleanliness and
appearance. This is to be expected each calendar day throughout the term of the proposed
agreement.
6. DESCRIPTION OF THE WORK: Provide all labor, supervision, materials, equipment, supplies and
services and all other items necessary or proper for or incidental to the performance of Custodial
Maintenance Services, including all appurtances at the Palm Springs International Airport.
7. PROPOSAL EVALUATION AND AWARD: This solicitation has been developed in the Request for
Proposal(RFP)format.Accordingly,Offerors should take note that multiple factors will be considered
by the City in awarding this Contract. PRICE WILL NOT BE THE SOLE DETERMINING CRITERION.
a. All responsive proposals will be evaluated by a Proposal Evaluation Committee, using the
following evaluation criteria, listed in a random sequence to their true order of importance:
i. Understanding of Statement of Work (Weight 10%)
(1) Responsiveness to, and demonstrated understanding of the RFP;
(2) Understanding of the scope of work as exhibited by clarity, and adequacy of the
Proposal; and,
(3) Quality of Proposal in accordance with the requirements.
ii. Technical Approach/Methodology/Project Structure (Weight 60%)
(1) Work Plan methodology (routine and preventive maintenance plans);
(2) Demonstrated competence and experience of company and specific personnel who
will be performing work;
(a) State the following information:
(i) Company Name, Address, Telephone, and Fax
(ii) Authorized Representative,Title,Address,and Telephone(if different)
(iii) Type of Organization (Corporation, Partnership,Joint Venture, Other-
explain. If a Corporation, organized under the laws of which State.
(iv) List the names, titles, and addresses of the Officers of your firm.
(v) State the number of years your firm has been in the custodial
maintenance business.
(vi) Indicate the total number of employees in your firm.
(vii) Indicate the financial position of your firm. A financial statement may
be included with your proposal.
(3) Responsiveness to specific performance requirements;
(4) Demonstrated prior experience on similar projects of similar size;
Page 3 of 7
City of Palm Springs, RFP 09-04 Custodial Maintenance Services for the
REVISED NOTICE Palm Springs International Airport
(a) State a concise description of your company's background and experience
in custodial maintenance services at an Airport.
(5) Complete Staffing Plan
(a) Provide a staffing plan showing the number of employees your firm will use
to perform the work. Include a strategic plan/approach for providing services.
(b) Provide the ratio of supervision to employees.
(c) Describe your pre-employment procedures, i.e., security checks, police
records, etc., including Criminal History Records Check (CHRC).
(d) Describe the procedure/method by which the AIRPORT can communicate
with Contractor's personnel with authority to direct resources in order to
resolve emergency/non-emergency service needs and complaints on a
24hrs/day basis.
(6) Safety Record
(a) Describe safety training provided for your employees.
(b) Provide information regarding any insurance claims due to accidents/injuries
that your company has been involved in.
(7) References
(a) The References list form provided in the Request for Proposal document
must be used for this purpose.
iii. Commercial/Business Analysis (Weight 30%)
(1) Cost competitiveness/individual costs for specific items of work and overall cost to
provide service;
(2) References; and,
(3) Financial status/stability
b. The Pricing Sheets provided in the Request for Proposal document must be utilized for this
purpose. The pricing sheet must be manually signed, where requested. Provide proposed
pricing for all labor and materials to be furnished for each phase of the work.
8. PROPOSAL SUBMISSION AND CONTENTS: To facilitate evaluation of Proposals, the Original
Proposal must be submitted with four (4) identical copies. The proposal shall be prepared with a
straightforward, concise delineation of the Offeror's capabilities to satisfy the requirement of this RFP.
a. The proposal shall be submitted in a sealed envelope marked on the outside "Custodial
Maintenance Services for the Palm Springs International Airport", the name of the proposer,the
RFP title and number.The certified or cashier's check or Bid Bond shall be enclosed in the same
envelope with the proposal.
Page 4 of 7
City of Palm Springs, REP 09-04 Custodial Maintenance Services for the
REVISED NOTICE Palm Springs International Airport
b. The envelope enclosing the original proposal and four(4) copies shall be addressed to the City
of Palm Springs and shall be delivered as follows:
City of Palm Springs
Department of Procurement & Contracting
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
C. PROPOSALS WILL BE ACCEPTED UNTIL 5:00 P.M. Local Time, Thursday, July 8, 2004.
9. Offerors's are requested to write their proposals so that responses correspond to and are identified
with the following specific evaluation criteria sections: (as stated in paragraph #7 above).
10. MANDATORY SUBMITTALS: The Offeror's proposal must include the following (and be submitted
in the format as outlined in Paragraph 9, above):
a. Proposal as outlined in Paragraph 9, above.
b. Worker's Compensation Certificate.
C. Affidavit of Non-Conviction.
d. Each Proposal must be accompanied by a Proposal Security(Bid Bond) in the form of certified
check, cashier's check or a satisfactory bond (guaranty) on the prescribed form and made
payable to the City of Palm Springs in the amount of at least 10 percent of the total proposal
price, payable to the City of Palm Springs, as a guarantee that the Proposer, if its proposal is
accepted, will promptly obtain the required bonds and insurance, and will prepare the required
submittal documents and execute the agreement. Such proposal security shall be forfeited
should the Offeror to whom the Contract is awarded fail to obtain the required insurance and
enter into a Contract with the City within the period of time provided by the Request for Proposal
requirements. If the required guaranty is not submitted with the Offer, the Offer may be deemed
non-responsive.
Note: The requirement for a Performance Bond is waived for this RFP.
11. DELIVERY OF PROPOSAL/OFFER: Each Proposal/Offer,with guaranty if required,must be received
by the City as stated in the Notice Inviting Bids.
a. Any Offer received after the exact date and time for receipt will not be considered for award;
however, an exception may be made when a late Offer would have been timely but for the action
or inaction of City personnel.
12. RIGHT TO ACCEPT OR REJECT OFFERS: The City hereby reserves the right to accept or reject,
in whole or in part, any or all Offers and to advertise for new Offers, as the best interests of the City
may require.
13. BUSINESS LICENSE: The offeror to whom an award is made shall be required to be licensed in
accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax.
The license is not required to be submitted with the proposal.
14. PROPOSALS TO REMAIN OPEN:The proposer shall guarantee the Total Proposal Price for a period
of 120 calendar days from the date of the proposal opening.
Page 5 of 7
City of Palm Springs, RFP 09-04 Custodial Maintenance Services for the
REVISED NOTICE Palm Springs International Airport
15. PROPOSED TIME SCHEDULE (All dates are subject to change)
06/3/2004 Initial Distribution of RFP packages
06/09/2004 Proposer's Acknowledgment of Receipt of RFP & Intent to Attend either Pre-
Proposal Conference/Job Walk (Due by 5:00 P.M. PST)
06/15/2004 MANDATORY Pre-Proposal Conference and Job Walk at 1:00 P.M. PST
06/17/2004 MANDATORY Pre-Proposal Conference and Job Walk at 9:00 A.M. PST
07/08/2004 Proposal Closing Date and Time of 5:00 P.M. PST
07/09/2004 Evaluation of Proposals Begins (estimated)
08/04/2004 City Council action on selected firm (estimated).
09/01/2004 Execution of Agreement/Project Start Date/Provide 100% Performance Surety
(estimated)
10/01/2004 Services commence (estimated)
16. PRE-PROPOSAL WALK-THROUGH OF WORK SITE:ALL Proposers responding to this RFP must
attend a MANDATORY pre-proposal conference and site visit to be held on Tuesday, June 15, 2004,
at 1:00 p.m.AND on Thursday, June 17, 2004 at 9:00 a.m. at the Palm Springs International Airport,
Airport Conference Room, 3400 E Tahquitz Canyon Way, Palm Springs, CA to familiarize potential
offerors with site conditions. Offerers are REQUIRED to attend either of the two (2) conferences.
Vehicle parking is available in the public parking lot, with validation provided by the AIRPORT.
Potential suppliers and sub-contractors are not required to attend.
17, OBTAINING OR INSPECTING CONTRACT DOCUMENTS: The specifications are provided in the
'Request For Proposal (RFP) 09-04 package, which may be downloaded by going to
http:Hwww.ci.palm-springs.ca.us or http://www.paImspringsairport.corn. NOTE: UPON RECEIVING
THIS RFP VIA THE INTERNET, CONTACT MARI LYNN BOSWELL, ADMINISTRATIVE
SECRETARY VIA EMAIL to MariLvnnBna ci.palm-springs.ca.us TO REGISTER AS AN OFFEROR.
FAILURE TO REGISTER AS AN OFFEREOR MAY RESULT IN YOUR FIRM NOT RECEIVING BID
ADDENDA. FAILURE TO ACKNOWLEDGE ADDENDA WITH YOUR BID MAY CAUSE YOUR BID
TO BE CONSIDERED NON-RESPONSIVE.
Page 6 of 7
i
City of Palm Springs, RFP 09-04 Custodial Maintenance Services for the
REVISED NOTICE Palm Springs International Airport
18. PROJECT ADMINISTRATION:All communications relative to this RFP shall be directed in writing to
Harold E Good, CPPO, Department of Procurement & Contracting, Director of Procurement &
Contracting, 3200 E. Tahquitz Canyon Way, Palm Springs, CA. 92262, Phone(760) 323-8329, FAX:
(760) 323-8238, HaroldG(a)ci.palm-springs.ca.us, ten (10) days prior to opening of proposals. All
questions relating to interpretation of this RFP or products must be in writing and responses will be
in the form of addenda to the documents.
BY ORDER OF THE CITY OF PALM SPRINGS
HAROLD E. GOOD, CPPO
Director of Procurement & Contracting
REVISED DATE: June 8, 2004
REVISED Publication Date: June 15, 2004
L:\RFP_RFQ's\Custodial_RFP\RFP_09-04 Custodial Services NIB REVISED.wpd
Page 7 o/ 7
of QA LAJ\,y City of Palm Springs
U N Department of Procurement and Contracting
3200 Tah uitz Canyon Way • Palm Springs, California 92262
cqc roR��P TEL: (760) 3323-8239 FAX: (760) 322-8 32 TDD: (760) 864-9527
June 8, 2004
- REVISED -
NOTICE TO OFFERORS
REQUEST FOR PROPOSAL (RFP) # 09-04
CUSTODIAL MAINTENANCE SERVICES
AT THE
PALM SPRINGS INTERNATIONAL AIRPORT
ADDENDUM #1
NOTE: UPON RECEIVING THIS ADDENDUM VIATHE INTERNET,CONTACT MARI LYNN BOSWELL,
ADMINISTRATIVE SECRETARY VIA EMAIL MariLVnnB(d�.ci.palm-springs.ca.us TO REGISTER AS AN
OFFEROR. FAILURE TO REGISTER AS AN OFFEREOR MAY RESULT IN YOUR FIRM NOT
RECEIVING BIDADDENDA. FAILURE TO ACKNOWLEDGE ADDENDAWITH YOUR BID MAYCAUSE
YOUR BID TO BE CONSIDERED NON-RESPONSIVE.
TO ALL PROSPECTIVE OFFERORS RESPONDING TO REQUEST FOR PROPOSAL (RFP) # 09-04,
CUSTODIAL MAINTENANCE SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT, as
outlined in the aforementioned Request For Proposal 09-04 published in The Public Record on June 8,
2004, and available via the Internet at http://www.ci-palm-springs.ca.gov OR
http://www.Palmsi)ringsairr)ort.com.
This addendum is issued to clarify the aforementioned RFP issued by the City of Palm Springs.
1. The "Notice Requesting Proposals" dated June 3, 2004 for Custodial Maintenance Services at the
Palm Springs International Airport is hereby replaced with the attached "REVISED NOTICE
Requesting Proposals" dated June 8, 2004.
a. This replacement of the "Notice Requesting Proposals" is due to a word processing error.
2. Proposers attention is called to the fact that the award of an agreement as a result of this RFP will
not be based solely on price. See "Proposal Evaluation and Award" for additional information.
3. Pages 4 through 7 of the RFP is hereby replaced with the attached"REVISED NOTICE Requesting
Proposals" dated June 8, 2004.
4. Throughout the RFP document, any and all references to "Bid" shall refer to "Proposal".
5. Throughout the RFP document, any and all references to "Bidder" shall refer to "Proposer".
Page 1 of 4
Addendum #1 Custodial Maintenance Services at the
City of Palm Springs, RFP#09-04 Palm Springs International Airport
6. Throughout the RFP document,any and all references to"Submission Deadline"are hereby replaced
with the following:
SUBMISSION DEADLINE: July 8, 2004 by 5:00 p.m. PST.
7. Throughout the RFP document, any and all references to "Pre-Proposal Conference" are hereby
REPLACED with the following:
PRE-PROPOSAL CONFERENCE: A MANDATORY pre-proposal conference and site
visit will be held on Tuesday, June 15, 2004, at 1:00
p.m. AND on Thursday, June 17, 2004 at 9:00 a.m.
at the Palm Springs International Airport, Airport
Conference Room, 3400 E Tahquitz Canyon Way,
Palm Springs, CAtofamiliarize potential offerors with
site conditions. Offerers are REQUIRED to attend
either of the two (2) conferences.
8. Proposal page #60, "Non-Collusion Affidavit' is not required to be submitted with the proposal.
9. Proposal page #61, "Workers Compensation Certificate" is not required to be submitted with the
proposal. However, proposers are advised that this certificate will be required subsequent to an
award being made to the most qualified firm.
10. Page #12, item 111, "Proposal Evaluation and Award", is hereby replaced with the following:
PROPOSAL EVALUATION AND AWARD: This solicitation has been developed in the Request for
Proposal(RFP)format.Accordingly,Offerors should take note that multiple factors will be considered
by the City in awarding this Contract.PRICE WILL NOT BE THE SOLE DETERMINING CRITERION.
a. All responsive proposals will be evaluated by a Proposal Evaluation Committee, using the
following evaluation criteria, listed in a random sequence to their true order of importance:
i. Understanding of Statement of Work (Weight 10%)
(1) Responsiveness to, and demonstrated understanding of the RFP;
(2) Understanding of the scope of work as exhibited by clarity, and adequacy of the
Proposal; and,
(3) Quality of Proposal in accordance with the requirements.
ii. Technical Approach/Methodology/Project Structure (Weight 60%)
(1) Work Plan methodology (routine and preventive maintenance plans);
(2) Demonstrated competence and experience of company and specific personnel who
will be performing work;
(a) State the following information:
(i) Company Name, Address, Telephone, and Fax
(ii) Authorized Representative, Title, Address, and Telephone (if different)
Page 2 of 4
1
Addendum #1 Custodial Maintenance Services at the
City of Palm Springs, RFP#09-04 Patin Springs International Airport
(iii) Type of Organization (Corporation, Partnership, Joint Venture, Other-
explain. If a Corporation, organized under the laws of which State.
(iv) List the names, titles, and addresses of the Officers of your firm.
(v) State the number of years your firm has been in the custodial
maintenance business.
(vi) Indicate the total number of employees in your firm.
(vii) Indicate the financial position of your firm. A financial statement may be
included with your proposal.
(3) Responsiveness to specific performance requirements;
(4) Demonstrated prior experience on similar projects of similar size;
(a) State a concise description of your company's background and experience in
custodial maintenance services at an Airport.
(5) Complete Staffing Plan
(a) Provide a staffing plan showing the number of employees your firm will use to
perform the work. Include a strategic plan/approach for providing services.
(b) Provide the ratio of supervision to employees.
(c) Describe your pre-employment procedures, i.e., security checks, police
records, etc., including Criminal History Records Check (CHRC).
(d) Describe the procedure/method by which the AIRPORT can communicate with
Contractor's personnel with authority to direct resources in order to resolve
emergency/non-emergency service needs and complaints on a 24hrs/day
basis.
(6) Safety Record
(a) Describe safety training provided for your employees.
(b) Provide information regarding any insurance claims due to accidents/injuries
that your company has been involved in.
(7) References
(a) The References list form provided in the Request for Proposal document must
be used for this purpose.
iii. Commercial/Business Analysis (Weight 30%)
(1) Cost competitiveness/individual costs for specific items of work and overall cost to
provide service;
(2) References; and,
(3) Financial status/stability
b. The Pricing Sheets provided in the Request for Proposal document must be utilized for this
purpose. The pricing sheet must be manually signed, where requested. Provide proposed
pricing for all labor and materials to be furnished for each phase of the work.
Page 3 of 4
Addendum 91 Custodial Maintenance Services at the
City of Paim Springs, RFP#09-04 Palm Springs international Airport
11. Page#12, item IV.A, "Selection/Award Procedures", is hereby replaced with the following:
This solicitation has been developed in the Request for Proposal(RFP)format.Accordingly,Offerors
should take note that multiple factors will be considered by the City in awarding this Contract. PRICE
WILL NOT BE THE SOLE DETERMINING CRITERION.
a. All responsive proposals will be evaluated by a Proposal Evaluation Committee, using the
following evaluation criteria:
i. Cost of Services to be Provided
ii. Offeror's Background and Experience
iii. Personnel and Supervision
iv. Safety Record
v. Local Participation
vi. References
BY ORDER OF THE CITY OF PALM SPRINGS
Harold E. Good, CPPO
Director of Procurement & Contracting
L:\RFP_RFQ's\Custodial_RFP\RFP_09-04 Custodial Addendum#1.wpd
Page 4 of 4
"f ;-
MINUTE ORDER NO. -.} „L �a
AWARDING BID (IFB) 04-01 AND APPROVING
CONTRACT FOR PROVIDING PEST
EXTERMINATION AND CONTROL SERVICES AT
THE PALM SPRINGS INTERNATIONAL AIRPORT
TO DEWEY PEST CONTROL FOR A 3 YEAR
PERIOD AT MONTHLY RATES AMOUNTING TO
$390.00 AND A CONTRACT NOT TO EXCEED
AMOUNT OF $14,040.00.
I HEREBY CERTIFY that this Minute Order awarding Bid (IFB) 04-01 and approving contract for
Providing Pest Extermination and Control Services at the Palm Springs International Airport to
Dewey Pest Control for a 3 year period at monthly rates amounting to $390.00 and a contract not
to exceed amount of $14,040,00, was approved by the City Council of the City of Palm Springs
California in a meeting thereof held on the 21 st day of July, 2004.
PATRICIA A. SANDERS
City Clerk