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HomeMy WebLinkAboutAGENDA REPORT 2017 0517 CCSA REG ITEM 10G ITEM 10.G. CVTYOF MOORPARK,CALIF°MIA City Council Meeting MOORPARK CITY COUNCILn":-- 4A — AGENDA REPORT TO: Honorable City Council FROM: Sean Corrigan, City Engineer/Public Works Director Prepared by: Shaun Kroes, Program Manager DATE: May 5, 2017 (CC Meeting of 05/17/17) SUBJECT: Consider Amendment No. 16 to Agreement with Pacific Sweep LLC for Street Sweeping Services BACKGROUND/DISCUSSION On January 5, 2000, the City entered into an Agreement with Pacific Sweep for street sweeping services. Pacific Sweep sweeps City-owned streets, the Metrolink parking lots, and State-owned streets that are within the city limits (Los Angeles Avenue, Moorpark Avenue, and Walnut Canyon Road). The City receives reimbursement from the California Department of Transportation for State-owned streets swept by Pacific Sweep. The current Agreement with Pacific Sweep is set to expire on June 30, 2017. Future street sweeping costs may be reimbursed to the City from the City's franchise solid waste haulers. The City's existing solid waste Franchise Agreements have been extended to June 30, 2017 and the City is currently in negotiations with the solid waste haulers. Staff is requesting to extend the street sweeping Agreement an additional six months, to December 31, 2017, while the City's solid waste Franchise Agreements' negotiations continue. Staff is requesting that the City Manager be authorized to extend Pacific Sweep's Agreement an additional six months from June 30, 2017 to December 31, 2017. In addition, the City has recently upgraded the security access gates at the Moorpark Public Services Facility(MPSF) (located at 627 Fitch Avenue)to be accessible by vehicle with a key card, instead of by key pad (entering numerical numbers). The City intends to issue key cards to Pacific Sweep LLC, which accesses the MPSF to empty the contents of the street sweeper into solid waste roll-off containers. 198 Honorable City Council May 17, 2017 Page 2 FISCAL IMPACT Amendment No. 16 will include the extension of street sweeping services until December 31, 2017. Compensation for this Amendment for services provided between July 1, 2017 and December 31, 2017 shall not exceed $58,350.00. The City's FY 2017/18 draft budget includes funds to cover the extension of street sweeping services. STAFF RECOMMENDATION Authorize the City Manager to sign Amendment No. 16 to the Agreement with Pacific Sweep LLC for Street Sweeping Services, adding the issuance of key cards and extending the Agreement until December 31, 2017, subject to final language approval by the City Manager. Attachment: Draft Amendment No. 16 for Street Sweeping Services 199 AMENDMENT NO. 16 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND PACIFIC SWEEP LLC FOR STREET SWEEPING SERVICES This Amendment No. 16 to the Agreement between the City of Moorpark, a municipal corporation ("City"), and Pacific Sweep LLC, a limited liability company ("Contractor"), for street sweeping services ("Agreement"), is made and entered into the day of , 2017. Whereas, on January 5, 2000, the City and Pacific Sweep entered into an Agreement for certain street sweeping services to be provided to City by Pacific Sweep; and Whereas, Amendment No. 1 to the Agreement extended the Term to December 31, 2010; Amendment No. 2 to the Agreement changed Contractor's name from Pacific Sweep to David S. Hopkins doing business as Pacific Sweep; Amendment No. 3 to the Agreement permitted storage of a street sweeping vehicle on City property and extended the Term to June 30, 2011; Amendment No. 4 to the Agreement extended the Term to December 31, 2011, Amendment No. 5 to the Agreement extended the Term to June 30, 2012; Amendment No. 6 to the Agreement adjusted the cost-of-living increase formula detailed in Section 111.13.4 of the Agreement from seven percent (7%) to five percent (5%), and extended the Term to December 31, 2012; Amendment No. 7 to the Agreement extended the Term to June 30, 2013; Amendment No. 8 to the Agreement extended the Term to December 31, 2013; Amendment No. 9 to the Agreement extended the Term to June 30, 2014, and incorporated Exhibit 'C', establishing a new curb-mile rate of $18.53; Amendment No. 10 to the Agreement extended the Term to December 31, 2014, and incorporated Exhibit D'; Amendment No. 11 to the Agreement extended the Term to June 30, 2015, and incorporated Exhibit `E'; Amendment No. 12 to the Agreement extended the Term to December 31, 2015, and incorporated Exhibit 'F'; Amendment No. 13 to the Agreement extended the Term to June 30, 2016, and incorporated Exhibit `G'; Amendment No. 14 to the Agreement extended the Term to December 31, 2016, and incorporated Exhibit 'H' ; and Amendment No. 15 to the Agreement Contractor's name changed from David S. Hopkins doing business as Pacific Sweep to Pacific Sweep LLC and extended the Term to June 30, 2017 and incorporated Exhibit 'I'; and Whereas the City has established a new Key Card Access Control to the City's Public Services Facility, located at 627 Fitch Avenue; and Whereas, the City Council declares its intention to further extend the Term of the Agreement from June 30, 2017 to December 31, 2017 and incorporate Exhibit `J"'. 200 Now, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: Section I. SCOPE OF WORK, is amended by replacing this section in its entirety as follows: "SECTION I. SCOPE OF WORK Contractor agrees to furnish all equipment, labor and materials necessary to perform and complete, in a good and workmanlike manner, the street sweeping services described in Exhibit 'A' attached hereto and made a part hereof, in accordance with the requirements of the Street Sweeping Specifications set forth in Exhibit `B', also attached hereto and made a part hereof. SECTION I.I. STORAGE OF STREET SWEEPING VEHICLE A. Parking Spot. Contractor shall be permitted to store up to one (1) street sweeping vehicle in a parking spot at the City's Moorpark Public Services Facility located at 627 Fitch Avenue, Moorpark, California 93021 ("Premises"). The parking spot shall be approved by the City Manager or the City Manager's designee. B. Access to Premises. Contractor shall be permitted to access the Premises during hours agreed upon by the City Manager or the City Manager's designee. Contractor shall access the Premises for purposes solely related to providing street sweeping services for the City. Contractor shall ensure the Premises are secure upon leaving. Contractor's subcontractors shall not access the Premises. C. Damages. The City shall not be obligated to insure Contractor for any personal injury or property damage. Contractor hereby and forever waives all rights to claim or recover damages from the City in any amount as a result of any damage to the Premises or any injury to any person upon the Premises. D. Repairs. Contractor shall not perform any repairs, maintenance, cleaning, or modifications to the street sweeping vehicle on the Premises. E. Gate Locks. Contractor shall provide a keyed lock to be installed on the Premises' front gate located at Fitch Avenue. Contractor shall provide a keyed lock to be installed on the Premises' back gate located at the east end of the Premises where the street sweeping vehicle shall be parked. The keyed locks shall be attached to other City locks so as not to hinder the City's ability to access any portion of the Premises. One (1) key shall open both keyed locks. Contractor shall Amendment No. 16 to Agreement between City of Moorpark and Pacific Sweep LLC 201 Page 2 provide the City with three (3) duplicate keys for the keyed lock. Contractor shall not provide keys to any employee not directly related to operation of the street sweeping vehicle. F. Security Access Code. City shall provide Contractor with a security access code to enter through the secondary gate system if used as an alternative to key card access. Contractor shall not provide the security access code to any person not directly employed by the Contractor. Contractor shall not provide the security access code to any employee not directly related to operation of the street sweeping vehicle. Contractor shall only be permitted to enter through the secondary gate system between the hours of 7:00 a.m. through 4:30 p.m., Monday through Friday. G. Violations. If the City determines that Contractor has violated any portion of Section 1.1 Parts A through F, without prior written authorization from the City Manager, the City may immediately, without prior notification, and without prejudice to any other remedies the City may have, suspend Contractor's ability -to store Contractor's street sweeping vehicle on the City's Premises. The City may also terminate its Agreement with Contractor pursuant to Section IV Part 24 of the Agreement. SECTION 1.11. CONTRACTOR KEY CARD ACCESS A. Key Cards. Contractor shall be responsible for assigned key cards and is responsible for the proper use and safe keeping of all key cards issued to Contractor by the City. B. Responsibility of Key Cards. Contractor shall be responsible for assigning key cards to Contractor's employees. Contractor shall not assign, lend, or in any other way allow use of key cards to anyone other than Contractor's employees who are performing services under this Agreement. C. Assignment of Key Cards. Contractor shall provide to City in writing the names of all individuals who are assigned a key card at the time the assignment is made. If key cards are reassigned by Contractor, Contractor shall immediately provide to City in writing the names of the individuals no longer in possession of key cards and the names of the individuals to whom the key cards are reassigned. D. Duplication Prohibited. Contractor agrees not to duplicate any key cards and acknowledges that California law stipulates that it is unlawful for a person to duplicate any cards without the permission of the owner. The penalty for violation of this law is either six (6) months imprisonment or a five hundred dollar ($500) fine or both. Amendment No. 16 to Agreement between City of Moorpark and Pacific Sweep LLC 2 0 2 Page 3 E. Lost/Stolen Key Cards. Contractor shall immediately report all lost or stolen key cards to the City Representative. F. Return of Key Cards. Upon expiration, cancellation, or termination of this Agreement, all key cards received by the Contractor shall be immediately returned to the City, or at any other time designated by the City Manager or the City Manager's designee. G. Reimbursement. Contractor shall reimburse the City all costs and expenses as determined by the City for any key card replacements due to Contractor's negligence or willful misconduct. Such costs shall be deducted from any payments due or to become due to Contractor. Costs may include, but are not limited to, replacing padlocks, re-keying door locks, re-programing key card access site(s), staff time, and a fifteen percent (15%) administration fee." II. Section II., TERM, is amended by replacing this section in its entirety as follows: "The term of the Agreement shall be to December 31, 2017, unless sooner terminated as provided in Section IV, Part 24, Termination of Agreement." III. Section III., COMPENSATION, Part A, Contract Amount, is amended by replacing this section in its entirety as follows: "In consideration of the performance of this Agreement, the City agrees to pay to Contractor, and Contractor agrees to accept full satisfaction for the work done hereunder, the amount of compensation set forth in Exhibit 'A' and Exhibit `J'." IV. Remaining Provisions: Except as revised by this Amendment No. 16, all of the provisions of the Agreement shall remain in full force and effect. Amendment No. 16 to Agreement between City of Moorpark and Pacific Sweep LLC 203 Page 4 In Witness Whereof, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK PACIFIC SWEEP LLC By: By: Steven Kueny, City Manager David S. Hopkins, Owner Attest: Maureen Benson, City Clerk Attachment: Exhibit J Amendment No. 16 to Agreement between City of Moorpark and Pacific Sweep LLC 2 0 4 Page 5 EXHIBIT J SCOPE OF WORK Contractor shall invoice the City a curb-mile rate of eighteen dollars and fifty-three cents ($18.53) based on the number of actual curb miles swept on a 'monthly basis. Compensation shall not exceed a maximum of fifty-eight thousand three hundred fifty dollars ($58,350.00) for the January 1, 2017 through June 30, 2017 service period, without a written Amendment to this Agreement executed by both parties. Amendment No. 16 to Agreement between City of Moorpark and Pacific Sweep LLC Page6 205