Loading...
HomeMy WebLinkAbout07-15-2014 C5 Parking Meter Coin Collection Services RFPCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Daryl Grigsby, Public Works Director Prepared By: Robert Horch, Parking Services Manager SUBJECT: PARKING METER COIN COLLECTION SERVICES REQUEST FOR PROPOSAL, SPECIFICATION NO. 91291 RECOMMENDATION 1. Authorize issuance of a Request for Proposal (RFP) for parking meter coin collection services. 2. Authorize the City Manager to execute an agreement of up to $57,300 to perform parking meter coin collection services. DISCUSSION Background The City has a long-standing policy of using a contractor, where appropriate, for on-going operations and services. The City currently contracts with FSC Collections for parking meter collections. The contract expired prior to the direction of City Council to establish a “super core” with credit card meters. The contract has continued on a month to month basis since that time. Following the purchase and installation of the credit card meters in the “super core”, new collection zones and routes had to be established in order to reflect collections from the credit card meter zone. The new collection zones and routes are in place and have been tested. The collection maps have been finalized and readied for distribution with the request for proposals. Work Scope The contractor is responsible for providing parking meter coin collection services, in accordance with the tasks and frequencies detailed in the request for proposals. Public Works is proposing a four-year agreement, with an option to renew for another two years provided service has been satisfactory. Under a three step process the proposals will be rated by the review team based on experience and expertise, approach to completing the work, their understanding of the work scope and proposed compensation. The contract award will not be based solely on price, but on a combination of factors as determined to be in the best interests of the City. 7/15/14 C5 C5 - 1 Parking Meter Coin Collection RFP, Specification No. 91291 Page 2 FISCAL IMPACT Funding for Parking Meter Coin Collection Services is found in the 2014-15 Parking budget. The contract includes a provision for annual cost increases based on changes in the consumer price index. ALTERNATIVES Do not approve the RFP and continue on a month to month agreement with the current contractor. Staff does not recommend this alternative as the collection of the parking meters is necessary for meter operation. Collection on a regular schedule is also crucial to funding the Parking Enterprise Fund. ATTACHMENT Request for Proposal t:\council agenda reports\2014\2014-06-17\rfp 91291 mtr coin collection 2014\rfp 91291 - council agenda report.docx C5 - 2 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. City of San Luis Obispo 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for PARKING METER COIN COLLECTION SERVICES Specification No. 91291 The City of San Luis Obispo is requesting sealed proposals for Parking Meter Coin Collection Services pursuant to Specification No. 91291. All proposals must be received by the Finance Department, City Hall, 990 Palm Street, San Luis Obispo, CA no later than 3:00 p.m. August 5, 2014. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Proposal packages may be obtained FREE at the City’s website: www.slocity.org under Bids & Proposals, or by emailing your request to mpaasch@slocity.org, or by faxing your request to the Parking Services at (805) 781-7267. Please include your company name, street address, phone, fax, and email address, along with the name and specification number of the proposal you are requesting. Questions may be addressed to Robert Horch, Project Manager, at (805) 781-7234 or rhorch@slocity.org. C5 - 3 Specification No. 91291 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 4 C. Special Terms and Conditions 9 D. Agreement 12 E. Insurance Requirements 14 F. Proposal Submittal Forms 16 C5 - 4 1 Section A DESCRIPTION OF WORK The City is requesting proposals for parking meter collection services located on streets and in parking lots. 1. Collection Procedure. In performing this work, the collection contractor shall adhere to the following procedure: a. Meter collections begin at the Parking Services Office located at 1260 Chorro Street, Suite B, San Luis Obispo. b. Contractor will pick up the keys required to open the meters to be collected that day. c. Contract will sign for receipt of the keys picked up. d. Contractor will pick up the appropriate cart and collection canister required for the street zone(s) and/or parking lot(s) to be collected. (The collection canisters may be different; some zones/lots may have sealed or open coin cans.) e. Contractor will begin the walking route for the appropriate street zone or parking lot to be collected. f. For each parking meter to be collected, Contractor will adhere to the following procedure: 1) Unlock and open the coin can compartment. 2) Remove the coin can and empty it into the collection canister. 3) Replace the coin can in its compartment. 4) Lock the coin can compartment. 5) If observable meter repairs are required, record them on a parking meter repair form. 6) Note any vandalism or theft on a parking meter repair form. g. Contractor will return to the Parking Services Office when the zone and/or lot collection is completed. h. Contractor will remove the collection canister from the collection cart in the presence of a City employee. i. Contractor will record the date, time, location, initials and the number of bags to be filled on a collection slip. Contractor will attach the collection slip to the collection canister and move the canister to the designated storage area in the presence of a City employee. j. Go back to Step d. if continuing collections. k. When all scheduled meter collections have been completed for the day, Contractor will unlock all collection canisters in the presence of a City employee. l. Contractor will remove the collection bags from inside the collection canisters and place the coin into sealable coin bags labeled with the appropriate zone and/or lot number. This procedure is done in the weighing/collection room with a City employee monitoring and sealing the coin bags. Contractor will place an empty collection bag into each collection canister and lock the canister in the presence of the City employee. m. The City employee shall complete a receipt of uncounted sealed coin bags on a form furnished by Garda. n. Contractor shall place all sealed coin bags inside the City’s safe in the presence of the City employee. o. Contractor shall return the keys required for the meters collected that day. p. A City employee shall sign for receipt of the returned keys in a logbook maintained by the City. q. Contractor will turn in meter repair forms to the meter repair shop. C5 - 5 2 2. Collection Schedule. Parking meters to be collected are organized into street zones and parking lots, which are shown on the map at the end of this section. The Contractor shall perform the specified work according to the following schedule. The City may change this schedule at any time but shall give the Contractor at least seven calendar days’ notice of the change. The Contractor shall not deviate from this schedule without prior written permission from the City. The Contractor shall not perform the specified work on any holiday observed by the City without prior written permission from the City. Note: The number of collections is only an estimate and is subject to change. Mondays Tuesdays Wednesdays Thursdays Fridays Zone D Upper Zone A Zone B Zone C Zone D Lower Zone G Zone E Zone G Zone D Upper Zone G Zone B Zone H Zone F Zone Part B Lot 2 Zone D Lower Lot 9 Zone Part H Lot 4 Lot 14 Lot 3 Lot 2 Lot 10 Lot 11 Lot 15 Lot 4 Lot 3 Lot 10 Lot 11 (±439 Collections) (±499 Collections) (±469 Collections) (±433 Collections) (±450 Collections) Donation Meters (7±) ** **Donation Meters. In an effort to redirect money given to panhandlers, these recycled parking meters encourage Downtown patrons to give to local programs that are working to improve conditions for those in need. United Way of San Luis Obispo County is the fiscal agent for downtown donation meters in partnership with the City of San Luis Obispo and the San Luis Obispo Downtown Association. These 7 donation meters may be collected by Contractor while servicing the City meters without an additional cost or Contractor will submit a separate invoice to the United Way San Luis Obispo for their time based on the same fee schedule as that used in setting the fees for the other meter collections. The money collected will be bagged separately from the City’s collections and picked up by the United Way of San Luis Obispo. 3. Collection Hours. The Contractor shall perform the specified work only on weekdays (Monday through Friday). Suggested start time for collection is 8:00 a.m. and will continue until the collections scheduled for that day are completed. Collections must be completed for the assigned day and the coin bagged no later than 4:00 p.m. The collection/bagging room is not available between the hours of noon – 1:30 p.m. for bagging of coin. Coin bagging is subject to the availability of staff. Due to various meetings and or special events, the collection and/or bagging of coin may have to be postponed and/or rescheduled. Contractor will be given advance notice whenever possible of any schedule changes. Contractor may have additional zones/lots to collect in addition to the regularly scheduled collections due to office closures and other circumstances. These additional collections must be made and bagged no later than 4:00 p.m. the same day as collected. No changes to the regular collection hours will be made by the Contractor without prior written permission from the City. 4. Collection Equipment. The City shall furnish two collection carts, eight lockable collection canisters, and one coin bag holder. The Contractor shall be responsible for any periodic maintenance required on this equipment and for any routine repair to the equipment that costs less than one C5 - 6 3 hundred dollars ($100). City will maintain tires, tubes and canning mechanisms. The City shall provide locks and keys for the collection canisters. 5. Qualifications of Collection Workers. Contractor will provide a list of collection workers for approval by the City on the proposal form. Contractor will inform the City of any changes in collection workers prior to their start of work. Collection workers shall be competent and qualified to perform the specified work. Collection workers will have worked in a cash handling environment. No collection worker shall perform any of the specified work without (a) passing a background security check conducted by the City; (b) a credit check conducted by the City; and (c) receiving written permission from the City to perform the specified work. Each collection worker shall be able to comfortably lift a collection canister weighing up to 140 pounds. A cash bond of ten thousand dollars ($10,000) will be required for the contract. All collection workers shall meet all of the contract qualifications and requirements. 6. Conduct of Collection Workers. Collection workers shall perform the specified work in an orderly manner and shall avoid even the appearance of impropriety in any form. If the City representative advises the Contractor that a collection worker is incompetent, unqualified, or disorderly, the Contractor shall remove that collection worker from the specified work for the duration of the agreement. While performing the specified work, a collection worker shall not bring to the work locations any pets, any children, or any persons not employed under the agreement. Contractor and collection workers are not authorized to discuss confidential information that is learned in the course and scope of the performance of this contract with private third parties or the press without prior written authorization of the City. 7. Uniforms for Collection Workers. While performing the specified work collection workers shall wear simple but distinctive uniforms which have been approved in advance by the City and which shall clearly identify the collection workers as representatives of the City. Uniforms shall be neat, clean and kept in good appearance at all times. The City shall furnish official City of San Luis Obispo uniform patches that must be affixed to the uniforms. The Contractor shall furnish all required uniforms, footwear, headgear, jackets, or foul weather gear. 8. Providing for Vacations, Illnesses, or Other Absences of Collection Workers. The Contractor shall maintain a staff of at least two (2) fully qualified collection workers in order to continue performing the specified work when a collection worker takes time off for vacation, illness, or other absence. The Contractor shall list at least two proposed collection workers on the proposal form. 9. Responsibility for Loss or Damage of City Property. The Contractor shall be responsible for City property while it is in the Contractor’s custody. The Contractor shall replace or repair City property, including specifically coin revenue and collection equipment, lost or damaged as a result of the Contractor’s actions or negligence. The Contractor shall not be responsible for loss or damage caused by theft and vandalism by third parties, unless the theft or damage results from the Contractor’s negligence. In the event the Contractor fails to perform the required collections on any scheduled day, the Contractor shall be liable for all lost revenue as a result of their negligence. This amount shall not exceed the average daily amount collected on that scheduled day. NOTE: Other pertinent conditions are listed in Section C of this specification. C5 - 7 4 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the forms provided in this specification (goldenrod pages) and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in two separate sealed envelopes. The first envelope shall be labeled “Qualification Proposal” and shall include the following proposal forms: • Information about the Proposing Firm • References • Statement of Past Contract Disqualifications • Insurance Certificate. The second envelope shall be labeled “Price Proposal” and shall include the Price Proposal form These envelopes shall be enclosed in a larger envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the larger envelope should be clearly labeled with the proposal title, specification number, and name of the proposing firm 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 11 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. C5 - 8 5 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity which has submitted a sub-proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 9. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. 10. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages, and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. C5 - 9 6 12. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805)781-7134. C5 - 10 7 CONTRACT PERFORMANCE 13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 15. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 18. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 19. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 20. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 21. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. C5 - 11 8 22. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 23. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 24. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 25. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 26. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 27. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 28. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. C5 - 12 9 29. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform; which notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 30. Termination for Convenience. Whenever it may be in the City’s best interest, the City may terminate the agreement with 30 calendar day’s written notice. C5 - 13 10 Section C SPECIAL TERMS AND CONDITIONS 1. Proposal Evaluation and Contractor Selection. Proposals will be evaluated by a review committee using the following three-phase review, selection, and contract award process: Phase 1 – Proposal Review The review committee will review the general proposal forms submitted (Information about the Proposing Firm, References, Statement of Past Contract Disqualifications, and Insurance Certificate). Three to five proposing firms will be selected for follow-up interviews based on a) quality, clarity and responsiveness of the proposal b) competence and qualifications necessary for successfully performing the work and c) recent experience in successfully performing similar services. Phase 2 – Interviews and Contractor Selection Selected firms will be interviewed by the review committee. The purposes of this interview will be to a) evaluate communication and interpersonal skills and b) clarify and resolve any questions and issues about the proposal. Based on results of the interviews, the review committee will rank the proposing firms. Phase 3 – Evaluation of Price and Award of Contract After selecting the top-ranked firms, the review committee will open all the submitted price proposals from the selected firms. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 2. Labor Actions. In the event that the successful proposing firm is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposing firm is no longer the best proposing firm and to accept the next best proposal from a proposing firm that is not experiencing a labor action, and to declare it to be the best proposing firm. 3. Failure to Accept Contract. The following will occur if the proposing firm to whom the award is made (the Contractor) fails to enter into the contract: the award will be annulled and an award may be made to the next best proposing firm which shall fulfill every stipulation as if it were the party to whom the first award was made. 4. Proceeding with Work. From time to time the City will issue written work orders to the Contractor requesting that specific work be performed at specific locations. The Contractor shall not proceed with specified work until receiving such a written work order from the City. 5. Contract Term. The term of this Contract shall be from July 1 to June 30, 2018. If service is satisfactory, the City may extend the term until June 30, 2020 by written notification to the contractor. C5 - 14 11 6. Compensation Adjustment. Original contract prices shall remain in effect through June 30, 2015. Beginning in the year 2015, on July 1 of each year contract prices shall be increased by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment. Example: The original contract price is $100.00 per unit. This price remains in effect until June 30, 2014. The Consumer Price Index/All Urban Consumers (CPI-U) increases by 2.5 percent between March 20013 and March 2014. On July 1, 2014 the contract price increases by 2.5 percent from $100.00 per unit to $102.50 per unit. The new contract price applies to work completed after July 1, 2014. This same process repeats the following year. 7. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City with the name of the contract, the contract specification number and itemized by work category. Invoices should be received within 15 days of the completion of the invoiced work period. 8. Qualifications and Conduct of the Contractor's Employees. The Contractor's employees shall be competent and qualified to perform the specified work and shall perform the specified work in an orderly and professional manner. If the City's representative advises the Contractor that an employee is incompetent, unqualified, unprofessional or disorderly, the Contractor shall remove that employee from the specified work for the duration of the contract. The Contractor's employees shall not bring to the specified work locations any pets, any children, or any persons not employed under the contract. 9. Accuracy of the Specification. This specification is believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. In preparing its proposal, the proposing firm and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in this specification which could easily have been ascertained by examining either the project site or accurate data in the City's possession. Although the effect of ambiguities or defects in this specification will be as determined by law, any patent ambiguity or defect shall give rise to a duty of the proposing firm to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the proposing firm. An ambiguity or defect shall be considered patent if it is of such a nature that the proposing firm, assuming reasonable skill, ability, and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the proposing firm or subcontractors to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that this specification constitutes a performance specification, the City shall not be liable for costs incurred by the successful proposing firm to achieve the project’s objective or standard beyond the amounts provided therefore in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in this specification, or any other matter whatsoever, the Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the C5 - 15 12 dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in this specification concerning the dispute. C5 - 16 13 Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _____________day of _______________________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and __________________________________, hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on ______________________], City invited bids requested proposals to furnish parking meter coin collection services per Specification No. 91291; and WHEREAS, pursuant to said request, the Contractor submitted a proposal which was accepted by City for said parking meter coin collection services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from July 1, 2014 to June 30, 2019 If service is satisfactory, the City may extend the term until June 30, 2021 by written notification to the Contractor. 2. INCORPORATION BY REFERENCE. City Specification No. 91291 and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing parking meter coin collection services as specified in this Agreement, City will pay and Contractor shall receive therefor payments based upon the actual collections received by City at the unit price proposed by the Contractor and accepted by the City. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to everything required by this Agreement and the said specification. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. C5 - 17 14 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Finance Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor [ ] [ ] [ ] [ ] 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By: _____________________________________ City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney C5 - 18 15 Section E INSURANCE REQUIREMENTS: Operation & Maintenance Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C5 - 19 16 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. C5 - 20 17 INFORMATION ABOUT THE PROPOSING FIRM Specification No. 91291 Parking Meter Coin Collection Services Firm Name Mailing Address City, State, ZIP Phone Number FAX Number Business Type (proprietorship/partnership/corporation) Years Operating under this Firm Name Insurance Company’s A.M. Best Rating Authorized Representative Title of Authorized Representative Signature of Authorized Representative and Date Names and Social Security Numbers of Employees: Employee Name Social Security Number Employee Name Social Security Number Employee Name Social Security Number Employee Name Social Security Number C5 - 21 18 PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined Specification No. 91291, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Parking Meter Coin Collection Services Price per Coin Can Collected City of San Luis Obispo Optional: Price per Donation Meter Coin Can C5 - 22 19 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm which demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome C5 - 23 20 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If Yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative C5 - 24 C5 - 25 C5 - 26 C5 - 27 C5 - 28 C5 - 29 C5 - 30 C5 - 31 C5 - 32 C5 - 33 Page intentionally left blank. C5 - 34