The URL can be used to link to this page

Home My WebLink About2017-03-14 - AGENDA REPORTS - PORTABLE SANITATION SVC EVENTS (2)0 Agenda Item• 5 CITY OF SANTA CLARITA Q) AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: fAl DATE: March 14, 2017 SUBJECT: PORTABLE SANITATION SERVICES CONTRACT FOR CITY OF SANTA CLARITA EVENTS DEPARTMENT: Recreation, Community Services, Arts, and Open Space PRESENTER: Phil Lantis RECOMMENDED ACTION City Council: 1. Award a contract to Andy Gump, Inc. for portable sanitation, for an initial term of one year, with the option for two additional renewals in an amount not to exceed $49,978.34 annually. 2. Authorize the City Manager, or designee, to modify the award in the event issues of impossibility of the performance arise, subject to the City Attorney approval; authorize City Manager, or designee, to execute all documents, subject to City Attorney approval, and execute two renewals at an annual cost not to exceed $49,978.34 plus the cost of any Consumer Price Index (CPI) increases. BACKGROUND The City of Santa Clarita (City) entertains thousands of residents and visitors each year through a variety of special events, whether it's music in the park, a unique art exhibit, a national cycling tour, or the 4`h of July fireworks show. Some of the City's seasonal events include the Cowboy Festival in the spring, Concerts in the Park in the summer, Thursdays@Newhall in the fall, and the Santa Clarita Marathon in the winter. Due to the City's year-round variety of events, it is necessary to provide portable sanitation services for the event attendees. In December 2016, the City's Purchasing Division, in cooperation with the Arts and Events Division, issued an Invitation for Bid for portable sanitation needs for all City events. The bid was publicly advertised on Planet Bids on December 1, 2016, and 23 vendors were notified. The bid was downloaded by six vendors and responded to by one vendor. Purchasing opened the bid on January 5, 2017, with the following result: Page 1 Packet Pg. 24 Vendor Location Cost Andy Gump, Inc. Santa Clarita, CA $49,978.34 The evaluation of the bids was for a multi -criteria basis. However, since only one vendor responded, the verification of meeting the requirements was all that was needed. Staff recommends that the City Council award the contract to Andy Gump, Inc. for portable sanitation services for the City's 2017 events with two optional annual renewals for 2018 and 2019. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Upon approval of the above recommended action, sufficient funds will be available in the Arts and Events operating accounts to cover the current year operation. Funds for future years are contingent upon appropriation of funds by the City Council during the annual budget process. ATTACHMENTS Bid Response (available in the City Clerk's reading file) 0 Page 2 Packet Pg. 25 FOR PUBLICATION NOTICE INVITING BIDS Friday, December 2, 2016 Bids must be received electronically before 11:00 AM on Thursday, January 5, 2017, by the Purchasing Agent of the City of Santa Clarita. Electronic bids may be viewed at: http://www.planetbids.com/portal/portal.cfm?CompanvlD=16840# AE -16-17-17 ANNUAL CONTRACT FOR PORTABLE RESTROOMS AT VARIOUS CITY EVENTS/LOCATIONS Specifications for this bid may be downloaded from the City's Purchasing website at www.santa-clarita.com/purchasing. Please refer to specifications for complete details and bid requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. Purchasing (661) 250-3737 CITY OF SANTA CLARITA INVITATION FOR BID BID # AE -16-17-17 BID OPENING: January 5, 2017 The City of Santa Clarita invites electronically sealed bids for: ANNUAL CONTRACT FOR PORTABLE RESTROOMS AT VARIOUS CITY EVENTS/LOCATIONS 1. Electronic Bids must be ELECTRONICALLY received at: httr)://www.planetbids.com/portal/iportal.cfm?CompanvlD=16840# 2. Prices shall be D.D.P. City of Santa Clarita Receiving dock Incoterms 2000 or for the service rendered. And, bidder shall honor bid prices for ninety (120) days or for the stated contract period, whichever is longer. 3. Bids must be on this Bid form. Submission of a proposal acknowledges the proposer has read and understands the requirements contained on pages 1 to 12, Attachments A, B and C. 4. Bid Questions. Questions should be submitted electronicallyto: http://www.planetbids.com/portal/portal.cfm?CompanylD=16840# The last day for questions will be 5:00 PM, December 19, 2016. 5. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. 6. Renewal and Pricing Adjustment. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up to two times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area - Riverside -Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. This bid MAY BE subject to SB 854. See bidder instructions for details. Name (Print): Amy Archie Email: amy@andygump.com Company Phone No.: License type/#: — (if required) Bid # AE -16-17-17 Company: Andy Gump, Inc Address: 26954 Ruether Av 661-251-7721 City: Santa Clarita State/Zip: CA 91351 DIR # — (if required) BID INSTRUCTIONS Submitting Proposals. (a) The bid response must be ELECTRONICALLY su bmitted on this form and include the notice, Request for Proposal Schedule, and all forms or information included in or required by Section C, Specifications, (attachments accepted) (b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must be submitted to support the total bid price. (c) Proposals/corrections received after the closing time will not be opened. The City will not be responsible for bids not properly marked and delivered. Upon award, all submissions become a matter of public record. 2. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency. Payments will be made in Unite States Currency. 3. Alternatives. Any changes or alternatives must be set forth in a letter attached to this bid. The City has the option of accepting or rejecting any alternative bid. 4. Environmentally Preferable Purchasing. The City of Santa Clarita, being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program with Resolution 05-103. With changes in technology and industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least impact on natural resources and greatest reuse of post- industrial and post -consumer material. Bidders are strongly encouraged to offer products and services meeting these criteria and point out those specific aspects or features in their bid. In accordance with Public Contract Code 22152 bidders are required to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. 5. Failure to Submit Bid. Your name may be removed from the mailing list if the City receives no response to this bid. 6. Resection. The City reserves the right to reject any or all bids and to waive any informality in any bid. The City may reject the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City may reject the bid of any bidder who is in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 7. Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It is the bidder's responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the bid to make certain the package is complete and all required addenda are included. This information will be available from the City's website. Bidders are cautioned against relying on verbal information in the preparation of bid responses. All official information and guidance will be provided as part of this solicitation or written addenda. 8. Awards. The City will award in accordance with S.C.M.C. § 3.12.205 (Support of Santa Clarita Businesses) unless Part C identifies this bid as a multiple criteria bid or this bid is for public works, professional services or is federally funded. Qualifications of responsibility will be in accordance with the S.C.M.C. Lowest cost is the lowest total cost to the City to acquire the goods and/or services resulting from this solicitation. The City may make an award based on partial items unless the bid submitted is marked "All or none." Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. The results of the bid will be posted on the City's website at www.santa- clarita.com/purchasing, normally within 24 hours. Bid # AE -16-17-17 9. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this bid with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of exception to this clause in vendor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy -back" procurements. 10. Amendments. Any and all changes to this contract must be made in writing and agreed to by the City. Performance by the contractor will be considered agreement with the terms of this contract. 11. Taxes. Charges and Extras. (a) Bidder must show as a separate item California State Sales and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. Contractor/vendor agrees to cooperate with the City in all matters of local taxation. 12. Payment. (a) Bidder shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. 13. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. 14. Sub contractors. For all public projects, the Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. 15. Prevailing wage. For all public works, the Bidder is required to bid prevailing wage. For the purposes of this paragraph, public works includes maintenance. The City of Santa Clarita Labor Compliance Program is included herein as an informative reference for the successful bidder. It does not require any completion prior to contract award but should be reviewed for all necessary provisions and requirements. 16. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 17. Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the bidder must defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. 18. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at least 10% of the total value of the bid OR 10 % of the value of the 1 St year of service for service bids, to guarantee that bidders will enter into contract to furnish goods or services at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California. Likewise, a Performance Bond and/or Material and Labor Bid # AE -16-17-17 3 bonds shall be required of the successful bidder when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). Original Bond or Cashier's Check MUST be received AT CITY HALL, 23920 Valencia Blvd., Santa Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words `BID BOND FOR" and the bid #, "NO LATER THAN the bid due date and time, for the vendor to be considered responsive. 19. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be "Primary and Non -Contributory" and must name the "City of Santa Clarita" as an additional insured. The certificate shall list coverage for General Liability (limit of $13000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000), and Worker's Compensation (statutory requirement). For professional services, Professional Liability with a limit of $1,000,000 may also be required. Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Specific insurance requirements will be set forth in any contract awarded to a bidder. 20. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will be so designated. Bidder is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) 21. Specifications. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 22. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict bidders to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supercede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. At a minimum the documentation must demonstrate equivalency in form, fit, function, quality, performance and all other stated requirements. The City is final determiner of equivalency. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section. 23. Price Reductions. If at any time during the life of this contract, the successful bidder reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. 24. Contract Pricing. Except as otherwise provided, prices must remain consistent through the term of this contract. The City does not pay "surcharges" of any type unless identified in the response to this bid. All costs will be included in the pricing provided to the City. 25. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City's legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year's payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of funds at the earliest possible date. Bid # AE -16-17-17 26. Default. In case of default by the vendor of any of the conditions of this bid or contract resulting from this bid, the vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. 27. Termination. The City may terminate any service or contract with or without cause either verbally or in writing at any time without penalty. 28. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all items furnished under this bid will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 29. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same remedies against the Contractor as the City could pursue in the event of default by the Contractor. 30. SB854. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 31. Invoices. Invoices will be forwarded to City of Santa Clarita Accounts Payable 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. The City of Santa Clarita's "Terms and Conditions" is found on a separate attachment in Planet Bids. Bid # AE -16-17-17 C. SPECIFICATIONS ANNUAL CONTRACT FOR PORTABLE RESTROOMS AT VARIOUS CITY EVENTS/LOCATIONS This is a multiple criteria bid. The award of this bid will be based on a score derived from points given for all the requirements met in the specification. The City of Santa Clarita offers many events throughout the year that require portable sanitation needs. Beginning this year, the City is incorporating all of the event needs into one annual contract with options for additional uses. The events listed below and their specifications are an approximate of the City's requirements and may be less or more on an as needed basis throughout the year. Maps for all events will be supplied to the awarded vendor. Additionally, there will be sponsorship opportunities for all bidding vendors. Please see Attachment "A" for details. Earth Arbor Day Delivery of units on Friday April 11 to Central Park before 12pm Pick up of units on Saturday April 12 after 5PM (2) VIP Units (12) Deluxe Units (2) ADA Units (6) 2 Station Hand wash sink 2. Cowboy Festival EVENT Delivery of two (2) VIP units the (for staff) Service of the two (2) VIP units, two times Delivery and set-up from Service all units Service all units Removal of all DATE Monday April 17th Prior to April 22nd April 19th at 8 AM to April 21 � by 11:00 AM April 22nd between 7 AM and 10 AM April 23rd between 7AM and 10 AM April 24th before 5 PM All units provided by the contractor must include proper hoses (including food grade hoses forsinks, as required), power cords, waste storage containers and everything else that is required to operate units. All hoses and power cords must be identified and secured in such a way to protect the public from any safety hazards. All supplies for the purpose of personal hygiene or sanitation (i.e. paper towels soap disinfectant, toilet paper, etc.) are to be provided by the contractor: VIP Units -18 6 unit VIP -4 ADA Unit -4 Deluxe Unit -7 2 Station hand wash sink -5 3 Basin H/C sink -4 On April 22nd and April 23rd 2 Attendants to clean and restock restrooms 1 Technician to maintain portables 1 Service Trucks w/ 1500 gallon capacity (1 1 Service Driver to operate truck Bid # AE -16-17-17 truck will be unable to move during the event) 3. July 4`h Fireworks Deliver all units on July 3, 2017 beginning at 8am Location: Various area's throughout the Westfield Valencia Town Center. A map with drop off locations will be provided prior to July 2. (3) VIP Unit (43) Deluxe Unit (5) ADA Unit 4. Concerts in the Park Following is a tentative schedule of events: EVENT DATE Delivery and set-up from July 9th at 8:OOAM Service all units Monday's starting July 10th—August 21st Removal of all equipment Tuesday, August 291h before 5:00 PM Service and setup of all required units are to be left at the location the entire length of Concert Series and should be locked in between concert dates. The City of Santa Clarita requires that the vendor service, pump and clean all units every Monday starting July 14th through August 251h. All units provided by the contractor must include proper, power cords, waste storage containers and everything else that is required to operate units. All hoses and power cords must be identified and secured in such a way to protect the public from any safety hazards. All supplies for the purpose of personal hygiene or sanitation (i.e. paper towels soap disinfectant, toilet paper, etc.) are to be provided by the contractor. The following is a list of portable sanitation requirements for the festival (2) 6 Unit VIP trailer (6) VIP Unit (2) ADA Unit (20) Deluxe Units (1) 3 Basin H/C sink Attendants will be required at 6 of the concerts dates TBD All restroom units to be capable of being padlocked shut. 6. Marathon Saturday November 4, 2017 deliver 60 Deluxe restrooms to start line, 45 Deluxe restrooms along the course and 12 VIP and 1 ADA to the finish line. Delivery will begin at 6AM Sunday November 2, 2014 pickup begins at 7AM at start line. Contractor to follow race and pick up restrooms as they are no longer needed continue to finish line and pick up remaining units once the race has concluded. (12) VIP Unit (106) Deluxe Unit (1) ADA Unit 1 attendant onsite from 7am — 2pm Bid # AE -16-17-17 6. Amgen Tour of California Delivery of all units on Tuesday, May 16, 2017 at 9AM Pick up of all units on Thursday, May 18, 2017 at 12:30PM (15) Deluxe unit (2) ADA unit (4) 2 station, hand wash sink SENSES The 3rd Thursday of the month March through October Delivery of units at 24242 Main Street Pick up of all units Friday morning after the event. (3) VIP units (1) ADA Unit 8. Revved Up The 2nd Thursday of the month March through October Delivery of units at 24316 Main Street Pick up of all units Friday morning after the event. (1) Deluxe unit (1) ADA Unit 9. Jam Sessions The 3`d Thursday of the month March through October Delivery of units to Old Town Newhall Library at 24500 Main Street. Pick up of all units Friday morning after the event. (1) Deluxe unit (1) ADA Unit 10. Summer Bash Delivery of all units on DATE TBD and removal of all equipment next day (1) 4 unit VIP trailer (1) ADA Unit 11. Santa Clarita Gran Fondo Delivery of all units on DATE TBD and removal of all equipment next day (10) Deluxe units to be delivered to 5 different location (8) VIP units delivery of these will be to 20880 Centre Pointe Pkwy 12. Light Up Main St. Delivery of all units on Friday November 18, 2017 and removal of all equipment next day (1) 4 unit VIP trailer (1) ADA Unit 8. References Please fill out the reference pages (Attachment A). Bid # AE -16-17-17 9. Sponsorship Please fill out the required form (Attachment B). Vendors must enter a number greater than $0.00. 10. Compliance Please fill out the Compliance Form (Attachment C). 11. Rapid Response and Call Out Please note - In the event of emergencies with the equipment requested for any event should one or all of the units fail to work up to proper standards. Once called the company will have f hour to replace or repair the unit. Please initial your understanding and compliance with the 1 hour requirement This is a multiple -criteria bid. The evaluation criteria is listed below order of importance: i. Compliance a. Ability to comply with delivery and pickup times requested b. Ability to comply with section C #11 c. Availability of requested equipment ii. Sponsorship iii. References iv. Price Bid # AE -16-17-17 D. SAMPLE CONTRACT MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND 1397 7 THIS MAINTENANCE AGREEMENT ("Agreement") is made by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation ("CITY") and ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONTRACTOR an amount as set forth in the attached Exhibit " " which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from to The Agreement maybe renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit " B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 17742 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws and to indemnify, defend, and hold harmless CITY as against any claim, demand, or imposition of penalties, interest, or damages of any kind arising out of Labor Code § 17262 § 1771.63 Bid # AE -16-17-17 10 or any other provision of the California Prevailing Wage Law. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing Wage Determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. B. If this contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, then it is also subject to the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates and shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statutes and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d). C. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 6M y_\ M I I I /_1:71111 �rJ111 aUM61:1:44 A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: Thoroughly investigated and considered the scope of services to be performed; and Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If 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, before commencing the services hereunder. Should CONTRACTOR discover Bid # AE -16-17-17 11 any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary' such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AMI." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement. City may cancel the Agreement immediately with no penalty. Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy. CONTRACTOR must notify City within 24 hours of receipt of Bid # AE -16-17-17 12 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. [;=1:1Mai dlIi! I_74INWI A. CITY may terminate this Agreement at any time with or without cause. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita ATTN: Kenneth W. Striplin, City Manager 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: Bid # AE -16-17-17 13 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. Bid # AE -16-17-17 14 23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there are additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. 24. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 25. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. (SIGNATURES ON NEXT PAGE) Bid # AE -16-17-17 15 IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of FOR CONTRACTOR: By: Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN. CITY MANAGER By: City Manager Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: IF CORPORATION: Thomas Field, Sales Manager Print Name & Title Date: 1/3/17 Bid # AE -16-17-17 16 E. 1559.48 PRICING (LS) Please use "Lump Sum" (LS) pricing for each event listed below and include all specified items, labor and timeline costs involved. There are lines for additional costs not included in each event at the bottom as well as a request for "Additional Pricing" following this price sheet. Do NOT 2,091.30 include the "Additional Pricing" in your response total. 1,133.18 (LS) $ EVENT COST 1. Earth Day $ 21396.85 (LS) 2. Cowboy Festival $ 20.316.30 (LS) 3. July 4I" Fireworks $ 40143.38 (LS) 4. Concerts in the Park $ 200576.84 (LS) 5. Marathon $ 91551.61 (LS) 6. Amgen tour of California 7. Revved Up 8. Jam Sessions 9. Summer Bash 10. Santa Clarita Gran Fondo 11. Light up Main St. 12. Subtotal (add lines 1-11) Additional costs not noted above $ 1559.48 (LS) $ 1.800.88 (LS) $ 11800.88 (LS) $ 1,133.18 (LS) $ 2,091.30 (LS) $ 1,133.18 (LS) $ 66,503.88 DEFINE COST 13. SENSES $ 5,585.44 14. $ 15. $ 16. Sponsorship (please insert your marketing investment for above benefits as a negative. Entries greater than zero are MANDATORY) <$ 22,110.98 17 TOTAL (add lines 12-16, subtract line 16) $_ (place this cost on page one of your response) 49,978.34 Bid # AE -16-17-17 17 ADDITIONAL PRICING (PER UNIT): Do NOT include this pricing in your bid response. Pick up/ Delivery- weekday Pick up/ Delivery- weekday after hours Pick up/ Delivery- weekend Pick up/ Delivery- weekend after hours Service- weekday Service- weekday after hours Service- weekend Service- weekend after hours Attendant to clean and stock normal hours Attendant to clean and stock after hours VIP Unit 6 unit VIP Trailer 4 unit Vip Trailer ADA Unit Deluxe Unit Hand -wash Sink 2 Basin H/C sink w/ 300 gal. Waste tank 3 Basin H/C sink w/ 300 gal. Waste tank $ INCLUDED flat rate $ SEE BELOW flat rate $ SEE BELOW flat rate $ SEE BELOW flat rate $ PER UNIT flat rate $ SEE BELOW flat rate $ SEE BELOW flat rate $ SEE BELOW flat rate $ 33 per hour $ 33 per hour $ 165 each ($57 EACH SERVICE) $ 1575 each ($342 EACH SERVICE) $ 895 each ($228 EACH SERVICE) $ 147 each ($57 EACH SERVICE) $ 60 each ($37 EACH SERVICE) 60 ($37 EACH SERVICE) $ each $ 398 each ($80 EACH SERVICE) $ 580 each (80.00 EACH SERVICE) "NOTE: PER UNIT PRICES DO NOT INCLUDE SALES TAX WEEKDAY AFTER-HOURS DELIVERY/PICK-UP: 5PM-9PM: $300, AFTER 9PM: $395 WEEKEND AFTER-HOURS DELIVERY/PICK-UP: 8AM-9PM: $300, AFTER 9PM: $395, SUN: $395 WEEKDAY AFTER-HOURS SERVICE: 5PM-9PM: PER UNIT PRICE +$300 TRIP, AFTER 9PM, PER UNIT PRICE +$395 TRIP WEEKEND AFTER-HOURS SERVICE: SAT 8AM-9PM: PER UNIT PRICE +$300 TRIP, AFTER 913M & SUN: PER UNIT PRICE +$395 TRIP SAME DAY DELIVERY: WEEKDAY BY 2PM: $75 PER UNIT, AFTER 2PM: $125 PER UNIT. AFTER HOURS & WEEKENDS: TBD Bid # AE -16-17-17 18 ATTACHMENT A ANNUAL CONTRACT FOR PORTABLE RESTROOMS AT VARIOUS CITY EVENTS/LOCATIONS City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed work of a similar scope and size within the past 3 years: 1 CITY OF SANTA CLARITA, 23920 VALENCIA BLVD, SANTA CLARITA, CA 91355 Name and Address of Owner / Agency DAVID KNUTSON, 661-250-3784 Name and Telephone Number of Person Familiar with Project $38,000 PORTABLE SANITATION 12/31/16 Contract Amount Type of Work Date Completed 2. CITY OF LANCASTER, 44933 FERN AV, LANCASTER, CA 93534 Name and Address of Owner / Agency JEFF CAMPBELL, 805-490-4306 Name and Telephone Number of Person Familiar with Project $47,000 PORTABLE SANITATION ONGOING Contract Amount Type of Work Date Completed 3 CENTURY CLUB OF SAN DIEGO (FARMERS INSURANCE OPEN), 9404 GENESEE AV, STE 310, LA JOLLA, CA 92037 Name and Address of Owner / Agency ANDREW HARMATYS, 949-705-7209 Name and Telephone Number of Person Familiar with Project $130,000 PORTABLE SANITATION ONGOING Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: VENBROOK INSURANCE SERVICES - 818-598-8900 Bid # AE -16-17-17 19 ATTACHMENT B SPONSORSHIP The City of Santa Clarita has implemented a municipal marketing program that provides our partners with tremendous value. This program has proven to bean effective way for our partners to increase brand awareness and revenue. We hope that doing business with the City will serve as a conduit for attaining other business with local companies and residents. All companies bidding on the portable restroom contract AE -16.17-17 will be required to make a marketing investment through this program. Outlined below are the benefits that you would receive in exchange for these marketing benefits. Please provide the amount of investment your business is willing to provide in exchange for the below benefits. While there is no mandatory minimum investment, please note that participation in this program is required to complete AE -16-17-17. Cowboy Festival Step back in time at the Cowboy Festival and experience a celebration of the area's rich Western heritage, featuring world-renowned musical artists, tantalizing cuisine, designer western gear and a variety of cultural events and activities for all ages. You'll definitely want to entertain your business clients in the VIP Bunkhouse. Event attendance —10,000 Attendee demographic — local, regional, and national individuals and families • Sponsor link on Cowboy Festival website • Two (2) VIP sponsor badges, including: • Passes to VIP Bunkhouse (includes food and beverage) • VIP shuttle passes from parking lot • Six (6) general admission Festival tickets for staff and clients Earth Arbor Day Be a proud supporter of the City's annual celebration of green living and reach a highly desirable demographic of attendees. Opportunities consist of inclusion in marketing materials, on-site activation, signage and more Event attendance — 39500 Attendee demographic— environmentally conscious individuals and families; local and regiona green business owners • Sponsor link on Earth Day website • 10'x10' sponsor activation space provided at Earth Arbor Day Concerts in the Park Become a supporter for our communities most highly attended concert series. The free concerts in Central Park have become a tradition for families and friends to spend a rockin' evening under the stars. As a sponsor, you'll find value in the marketing exposure and exhibitor space that will connect you with the thousands of residents attending this favorite summer event. Event attendance — 409000 Attendee demographic— local and regional families and business owners • 10'x10' Sponsor activation space provided at any two (2) Concerts in the Park events, subject to vendor space availability • Sponsor booth at two (2) concerts • PA announcements prior to each concert • Sponsor link on Concerts in the Park Website Bid # AE -16-17-17 20 Santa Clarita Marathon A Santa Clarita favorite and attracting runners from across the globe, the Santa Clarita Marathon boasts the attendance of over 5,000 runners each year. A qualifier for the Boston Marathon, the Santa Clarita marathon is one of Santa Clarita's premier events. Event attendance — 7,500 Attendee demographic - local, regional, and national high-income individuals • Sponsor link on Marathon website • Two (2) VIP passes to Marathon Sunday Brunch Please insert your marketing investment for above benefits here: $ 22,110.98 Place this cost on the pricing page where indicated. Bid # AE -16-17-17 21 Frequently Asked Questions Related to Municipal Marketing Program 1. Is my company required to make a marketing investment in the program for my bid to be considered? Yes, all companies bidding on the portable restroom contract PR -10-11-22 will be required to make a marketing investment through this program. Those who fail to fill in an amount in Attachment A may be declared unresponsive. 2. Why is participation in the municipal marketing program being required? The City of Santa Clarks has implemented a municipal marketing program that provides our partners with tremendous value. This program has proven to bean effective way for our partners to increase brand awareness and revenue. Our hope is that by doing business with the City of Santa Clarita, doors will be open to other local businesses and residents. The City values our relationships and wants to reward businesses who support our programs and initiatives. 3. Is there a minimum investment amount required for the program? While there is no minimum investment, it is required to fill in Attachment A of PR -10-11-22 with some number. For your reference, the total value of the assets being shown in exchange for your marketing investment is $10,000. 4. How does my marketing investment get factored into the overall bid? The amount you enter in Attachment A will also need to be entered in Section E, Line 16 of the pricing page. This amount will be deducted from the subtotal to get the total (line 17). 5. /know that the City produces events other than what is just shown in Attachment A. How does my company get exposure at those events as well? The only benefits associated with the marketing investment in this contract are those outlined in Attachment A. However, if your business is interested in expanding the partnership, our Business Sponsorship Analyst will work with you following the awarding of the contract. Bid # AE -16-17-17 22 Bid # AE -16-17-17 23 ATTACHMENT "C" COMPLIANCE Please indicate your compliance by checking each line that complies with the requested specifications: COMPLIANCE 1. VIP (solar restroom), must have: a. minimum 45 gallon fresh water tank x b. minimum 60 gallon waste tank allowing x for a maximum of 125 average uses. c. interior light x d. sink x x e. mirror x f. flushable toilet x g. soap dispenser h. waste basket (preferably) built-in x i. paper towels x j. minimum two paper roll x k. toilet seat protectors x g. soap dispenser x h. waste basket (preferably) built-in x I. paper towels x j. minimum two paper roll x I. toilet seat protectors x 2. 4 & 6 Unit VIP (solar restroom) trailers, must have: a. minimum 45 gallon fresh water tank x b. and minimum 60 gallon waste tank per VIP unit allowing for a maximum of 125 average uses per unit and accommodate a maximum 750 usage per trailer(6) and a maximum 500 usage per trailer(4) x c. interior light x Bid # AE -16-17-17 23 Bid # AE -16-17-17 24 COMPLIANCE d. sink x e. mirror X X f. flushable toilet g. soap dispenser X h. waste basket (preferably) built-in X i. paper towels X X j. minimum two paper roll L toilet seat protectors x 3. Two (2) Basin Hot / Cold Sink, must have: a. double stainless steel basin with required separation for hand wash X b. industrial utensil washer with spring loaded nozzle X c. soap X d. paper towels X c. minimum 300 gallon gray water holding tank X 4. Three (3) Basin Hot/Cold Sink, must have: a. three compartment stainless steel basin X b. industrial utensil washer with spring loaded nozzle x c. folding drain boards x X d. soap e. paper towels X f. minimum 300 gallon gray water holding tank X 5. ADA -Must have: a. 60 gallon waste tank allowing for a maximum of 150 average uses. X x b. wheel chair access X c. 360 degree turning radius Bid # AE -16-17-17 24 COMPLIANCE d. hand rails x e. minimum toilet paper rolls x x f. toilet seat protectors g. infant changing table x 6. Hand Washing Sinks -Two (2) station, hands free foot pump operation, must have: and a. soap x b. paper towels dispensers x c. approximately 15 gallon fresh water tank x x d. minimum (15) gallon wastewater tanks 7. Deluxe Unit a. sanitary seat pads x b. dual paper rolls x X c. 60 gallon waste tank d. maximum 150 average uses x x e. hand sanitizer gel Bid # AE -1 6-17-17 25