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HomeMy WebLinkAboutC33080 - El Paseo Courtesy Carts Contract No. C33080 CITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT TO GLYN DONALD GRAY, dba GDG (FORMERLY RITE RATE, INC.) FOR THE OPERATION OF THE EL PASEO COURTESY CARTS SUBMITTED BY: Ruth Ann Moore, Economic Development Manager CONTRACTOR: GDG 74450 Goleta Ave. Palm Desert, CA 92260 DATE: October 10, 2013 CONTENTS: Contract No. C- GDG Bid Proposal & Qualifications Recommendation By Minute Motion: 1. Authorize the award of Contract in the amount not-to-exceed $83,000 for the yearly operation and maintenance of the EI Paseo Courtesy Carts ($79,500 yearly operations and $3,500 for operations during special events); 2. Authorize an additional $7,000 for maintenance and repairs to the vehicle; 3. Authorize the Mayor to execute said contract. Funds in the amount of $90,000 are available in Courtesy Carts, Account No. 110-4416-414-3681. Executive Summary The contract for the operation of the EI Paseo Cou�tesy Cart expired in May of 2013. Bids for a new contract were sought and opened on August 14, 2013. Three different parties requested bid information but only one bid was received from Glyn Gray dba GDG. After review of the bid and contractor's qualifications, Glyn Gray (former partner in Rite Rate, Inc.) met the qualification criteria outlined in the contractor's proposal. Approval of the staff recommendation will award a contract to GDG in the amount not- to-exceed $90,000, which includes $79,500 for standard hourly operations as listed in the attachment to the contract, and $3,500 to be used for special event operations Contract No. C33080 Staff Report Award Contact to Glyn Donald Gray dba GDG October 10, 2013 Page 2 of 4 outside standard hourly operations. In addition, $7,000 will be used for maintenance and repairs on an as needed basis. Per the contract, use of the funds for special events operations and repairs requires prior staff approval. The bid for operations was originally advertised to operate from November 8, 2013 through May 11, 2014. Since that time, staff has added the prior weekend, November 1-3, 2013 to include operation during the activities in the First Weekend Palm Desert event. There are existing funds in the account to cover the additional weekend. The program will then begin its regular schedule on November 8, 2013. Backqround The EI Paseo Courtesy Carts began operation in September of 2004 with one cart; five days per week. In the following two years, two additional carts were added and the service was extended to seven days per week. The program has been well received by merchants and customers alike. Many cities have inquired about the program for their shopping districts including cities in California, Washington, Oregon, and Illinois. The carts have been highlighted in local media, in national and international websites, and magazines that featured Fashion Week on EI Paseo. The EI Paseo Business Improvement District features the program in all advertising including magazine, radio, websites, and the street-wide directories at no additional cost. In 2010, the contract was awarded to Rite Rate, Inc. and extended through May of 2013, as allowed by the City ordinance. In previous years, the contract was paid for by the former Redevelopment Agency and operated yearly from Labor Day weekend through the Fourth of July weekend. The 2012/2013 contract was transferred to the City's General Fund and was reduced to run from mid-November through Mother's Day weekend to reduce costs. Per the ordinance requirement, the contract was put out for bid after three years. The notice of bid was advertised in the local newspaper and on the website. The scope of the project includes operation of the carts on November 1-3, 2013 for the First Weekend Palm Dese�t activities, with normal operations commencing on November 8, 2013, through May 11, 2014, seven days per week, from 11:00 a.m. to 6:00 p.m., excluding Thanksgiving Day and Christmas Day. Two carts are schedule to operate during all hours as listed in the schedule attached to the contract. Carts are also operated in the evening during special events at an additional overtime hourly rate. All preventative maintenance and upkeep of the carts is included in the hourly bid price. Repairs to carts are reimbursed and only authorized by City staff. Base Bid: • Hourly rate (STRAIGHT TIME) is for operation of the vehicles as prescribed in the schedule as attached to the contract. Total hours of operation 2,604. G Vda\Ruth Ann Moorelword data\STAFF REPORTS\EI Paseo Courtesy Cart Awartl of Contract 13-14 doc Contract No. C33080 Staff Report Award Contact to Glyn Donald Gray dba GDG October 10, 2013 Page 3 of 4 • Hourly rate (OVERTIME) is for special event operations and is outside of the schedule, including evening hours for First Weekend and Fashion Week. • Daily cost for operation of a singte vehicle according to the prescribed schedule as attached to the contract. Bid Results: One bid was received by the required deadline and on August 14, 2013, the City Clerk publicly opened and read the bid. Below is a summary of the bid received and attached is the full contractor's proposal. Bid Com an Name Amount GDG — Palm Desert, CA Cost per STRAIGHT TIME hour including all overhead benefits and profits. $ 30.50 Cost per OVERTIME hour including all overhead benefits and profits. $ 35.50 Cost per day per cart including all benefits, overhead, and profits. $213.50 Contractor Qualifications: As part of the bid package, the City requested that bidders provide a list of a minimum of three references that the contractor has performed transportation services and a description of those services. The inclusion of contractor qualifications as part of the bid allows the City to ensure that the prospective contractor has experience with this type of specialized work. Glyn Gray dba GDG as a former owner of Rite Rate, Inc. has been the operator of the EI Paseo Courtesy Carts since the inception of the program. In addition, Rite Rate, Inc. previously operated shuttles for Northrop Grumman Corporation and the daily commuter shuttles for the Metro Green Line light rail train. Therefore, staff is recommending the award of contract for the operation of the EI Paseo Courtesy Carts to GDG. Fiscal Analysis Funds are available in the Courtesy Cart Account No. 110-4416-414.36-81. The carts carry shoppers throughout the EI Paseo Shopping District and also to the museum when requested. This allows shoppers the convenience of not moving their vehicles while visiting the street, which may extend their visit, increase shopping expenditures, and adding additional revenues to the General Fund. G Uda\Ruth Mn Moore\word data\STAFF REPORTS�EI Paseo Courtesy Cart Award of Contract 13-14 doc Contract No. C33080 Staff Report Award Contact to Glyn Donald Gray dba GDG October 10, 2013 Page 4 of 4 Su By: Department Head: --� uth nn Moore artin Alvarez, Economic Development Manager Director of Economic Development CiTY COUNCIL�1cCTION APPROVED � DF.NIED RECEIVED OTHER ul S. Gibson, Director of Finance MEET G DA G��� � AYES � � Apprbval: NOES: � ABSENT: ABSTAIN: � VERIFIED BY: J hn M. Wohlmuth, Executive Director Original on File with City rk's OtTce * Approved in an amount not t� exceed �90,000 � (total of opPration arid m�.irtenar.cp). 5-0 G:\rda\Ruth Ann Moore\word data\STAFF REPORTS\EI Paseo Courtesy Cart Award of Contract 13-14.doc Contract No. C-33080 AGREEMENT FOR SERVICES TO OPERATE THE EL PASEO COURTESY CART SERVICE NOVEMBER 1, 2013 THROUGH MAY 11, 2014 This Agreement dated July 12, 2012 is entered into between the City of Palm Desert (CITY) and GDG, Inc., (formerly Rite Rate, Inc.) (CONTRACTOR), for the operation of the EI Paseo Courtesy Cart Service, a non-fixed route public transit service within the City of Palm Desert. This Agreement shall cover the period beginning on November 1, 2012, and ending on May 11, 2013. 1. Background: The CITY desires that CONTRACTOR operate the EI Paseo Courtesy Cart Service along EI Paseo within the City of Palm Desert during the contract period. The CONTRACTOR will provide these services while operating two (2) Neighborhood Electric Vehicles (NEV) owned by the City of Palm Desert. The courtesy cart services are offered free of charge to the general public and shoppers on EI Paseo, and the CONTRACTOR shall neither charge for services nor solicit tips in any manner for the services. 2. Vehicle Operation: Vehicles shall be in regular service seven days per week in accordance with the attached Schedule: 11:00 a.m. through 6:00 p.m. daily, between November 1-3, 2013, and November 8, 2013 - May 11, 2014 (days subject to change by the CITY), including holidays, except Christmas Day and Thanksgiving Day. Vehicles are permitted to be out of service for one half-hour plus two 15-minute breaks during each seven-hour operating period. No breaks shall be taken consecutively. At direction of the CITY, more hours may be added to the schedule described herein, or may be reduced from this schedule. In the event that the number of hours is changed, the contract amount will be adjusted accordingly by application of the unit rates contained in the CONTRACTOR's Proposal. The CITY retains the right to increase, decrease, or, with thirty (30) days' notice, to suspend or cancel the service for any period at any time. The CONTRACTOR shall provide neatly-attired professional drivers whose appearance is appropriate for the context in which they will be working (company golf shirts, for example). 3. Vehicle Maintenance: CONTRACTOR shall perform all routine preventative maintenance on the vehicles in accordance with the manufacturer's recommendations. The regular preventative maintenance items shall include labor and fluids as required. CONTRACTOR will also perform routine safety inspections every fourteen days during the term of this Agreement. All routine maintenance costs based on vehicles are included in this Agreement. If extraordinary repairs become necessary, CONTRACTOR will meet with the CITY to determine if costs of repairs will be borne by the CITY, if substitute vehicles might be used, or other options should be explored. Cost of vehicle preventative maintenance shall be carried in CONTRACTOR's lump sum price for courtesy cart operation. Any extraordinary repair costs will be paid by the CONTRACTOR and reimbursed through billings attached to the monthly invoices. 4. Fees and Payment: Payment to CONTRACTOR will be made as follows: A. Operation of the EI Paseo Courtesy Cart Service: An amount not to exceed $83,000 yearly for the cost of operating the courtesy cart service as 1 Contract No. C33080 described in the contract documents. Vehicle hours include routine service, "dead head" hours, and any layover time requiring a vehicle operation. Adjustments to compensation will be paid at the unit rates of $30.50 per vehicle hour straight time and $35.50 per vehicle hour overtime for additional NEV operation requested by the CITY beyond the following schedule: Vehicles will run in accordance with the attached Schedule, Exhibit A. B. Cleaning of the vehicles: The NEVs will also have their interiors cleaned on a daily basis and will have their exteriors washed on a weekly basis. The cost of these services will be carried in CONTRACTOR's lump sum price for courtesy cart service operation. C. Insurance: Prior to the beginning of and throughout the duration of the work, CONTRACTOR will maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to CITY. Indemnity for liability: The CITY, as registration holders and maintainers of the vehicles, will insure the vehicles against damage or loss and also provide vehicle liability coverage indemnifying the CONTRACTOR against damages that might occur which are beyond the control of the driver or result from mechanical failure. The CONTRACTOR will be required to hold the harmless CITY and endorse their liability insurance with the CITY as an additional insured to protect against damages that might occur as a result of driver error, which would include failure to follow established safety guidelines. CONTRACTOR shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of fitigation ("claims"), arising out of the Contractor's performance of its obligations under this agreement or out of the operations conducted by Contractor, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this agreement, the Contractor shall provide a defense to the City indemnitees, or at the City's option reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims. 2 G Vda\Ruth Ann Moore\word data\STAFF REPORTS\Courtesy Cart Contrad FY 1&14 10-10-13 doc Contract No. c33o80 CONTRACTOR shall provide the following types and amounts of insurance: Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. i. General Liabilitv Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. ii. Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its officers, agents, employees and volunteers. iii. Umbrella or Excess Liabilitv Insurance: Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than 4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies OTHER PROVISIONS OR REQUIREMENTS Proof of Insurance: Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement or workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. 3 G1rda\Ruth Mn Moore\word data\STAFF REPORTS\Courtesy Cart Contrad FY 13-14 10-10-13 doc Contract No.C33080 City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: 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 Contractor, his/her agents, representatives, employees or sub-consultants. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City of Palm Desert and shall require similar written express waivers and insurance clauses from each of its sub-consultants. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Specifications Not Limitin� Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a 4 G Vtla\Ruth Ann Moore�wortl data�S7AFF REPORTS1Courtesy Cart Contract FY 13-14 10-10-13 tloc Contract No.c33080 given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability policies shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. City's Riqht to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additionat cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance: Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. D. Payments: CONTRACTOR shall invoice the CITY by the fifteenth of each calendar month for the preceding month's fees. Terms of the invoices shall be net thirty days. 5. Other: CONTRACTOR shall make available City of Palm Desert information in the NEVs. The CITY shall furnish brochures and printed literature in adequate quantities such that CONTRACTOR can restock the information carried in the vehicles on an as-needed basis. 5 G-Uda\Ruth Ann Moore\word data\STAFF REPORTS\Courtesy Cart Contract FY 13-14 10.10-13.doc Contract No.c33080 CONTRACTOR shall not charge persons wishing to use the parking shuttle service, nor shall the driver solicit tips in any matter. Use of a tip basket is expressly forbidden. Driver shall be subject to review and approval by the CITY. Drivers will be required to be able to answer questions and give information regarding the City of Palm Desert, and its history, in a courteous and helpful manner. At the request of the CITY, CONTRACTOR shall replace any driver found lacking in professionalism or courtesy, or not presenting him/herself in a neat and professional manner while on duty. Driver shall be responsible for retrieving NEV from the supplied storage location and for returning the NEV there at the end of each shift. Driver will also be responsible for recharging the vehicle and promptly reporting any malfunctions of either the vehicle or the recharging apparatus maintained at the storage location. CONTRACTOR is responsible for providing all cleaning materials needed to maintain the exterior and interior of the vehicles in a like-new condition. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CITY OF PALM DESERT Glyn Donald Gray, dba GDG (formerly Rite Rate, Inc.) By: By: Jan Harnik, Mayor Glyn Donald Gray Attest: Rachelle D. Klassen, Secretary Title Attest: Signature Title Approved as to form: David J. Erwin, City Attorney 6 G.\rda\Ruth Ann Moore\word data\STAFF REPORTS\Courtesy Cart ContraG FY 13-14 10-10-13.doc % 0 0 � N O O O O O O O � 0 � � N N N N � N N � N O ai � �o 0 0 0 0 0 o p p W � M c'7 CO c'7 M tD y ` Q � O � � N 1� I� I� 1� O O Q n � = O L J � F u' a Z Z Z Z O v C� C� N C� F L � � � � in U N K � N N N a U U U U U U � a � � m � �n o r� � v � � � tC) M O O O � M N N � v 0 3 � w N N � M M t0 � � � � c Q f� I� I� I� O O L � s i ca � � � � M � i � � C N Z � n � Cn (n Cn C� �7 CD M � � � � '� N (O � � � Z f6 C C E � � O � N � H �. H ` � � J � N N N � L �L-' N _ Q U U U U U U Z � t = f° („) a U U U U U U N oo , N Y � � O � Z Z � c� � � �: �: � W J O O O � � M O O O C � N � � LL lL T � � 0 } �jJ ' Q = O O N N � O O � C � 0 N uJ U Z W � o o � � o 0 N cZn cZ � � U U U U U U m U U U U U U � rn c T '> ca '� 0 N y I� 1� � � � � C N O O O N N � ~ ~ � � � L � 'C L N N o U O O c'7 M �D � � N � O O l0 O O 1� f� I� 1� Z .� O O N N N N N N N O O O � � � O Z Z Z Z Z C� N C� C� w � � � � � O � O N L � ` U U U U U U U U U U U U � � Q o ; y ? 2 � T � � � g c � � '� m c in O Z 0 � u°'. � Q � � � Q r � CONTRACTOR'3 PROPOSAL TO: CITY OF PALM DESERT DATE: 8-12-2013 BIDDER: GDG , "CONTRACTOR" The UNDERSIGNED, CONTRACTOR, having carefully examined the Contract Documents for the operation of the EI Paseo Courtesy Cart, hereby proposes to provide the services in accordance with the Contract Documents, inciuding Addenda Nos. for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for ninety (90) calendar days after that date. 2. The CITY has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That award of the contract shall be authorized only by the goveming body of the CITY. 4. To submit to the CITY such information as CITY may require to determine the Bidders financial standing experience and to perfonn the work. CONTRACTOR'S PROPOSAL C:10ocumenh and SettinyelrklassanlLocal SettinyslTemporary Intemet FIeslCoMent.OutlodcU120ZLUA1Bid Docs-0pw I�Ve 2013.doc r �. CONTRACTOR'S PROPOSAL FOR EL PASEO COURTESY CART OPERATION SERVICES Item Item Description Qty x Units = Total No. 1 Hourly rate for STRAIGHT TIME 1 Hour Cost per $30.50 operation of a single NEV as prescribed STRAIGHT in the attached contrac� Hou�ly rate to TIME hour include all ovefiead benefits and rofits. 2 Hourly rate for�VERTIME operation of a 1 Hour Cost per $35.50 single NEV as prescribed in the attached OVERTIME contract. Hourly rate to include all hour overt�ead, benefits and rofits. 3 Daily cost for operation of a single NEV 7 Hours Cost per $213.50 according to the Schedule prescribed in STRAIGHT the contract. Hou�iy rate to include all TIME hour ovefiead benefits and rofits. 4 Total cost for yea�ly operatian of 2,562 Cost per $78,141 STRAIGHT TIME for the program Hours STRAIGHT according to the Schedule p�escribed in TIME hour the contract. Hourly rate to include all overhead, benefits and rofits. By signing the proposal below, Bidder acknowledges that the unit costs described above may be used to either increase or decrease the contract value in instances where the CITY requests that the CONTRACTOR operate the NEVs for either more or fewer hours than described in the operating scheduled in the contract documents. TOTAL YEARLY AMOUNT BASE BID IN FIGURES $ 78,141 TOTAL YEARLY AMOUNT BASE BID IN WORDS SEVENTY-EIGHT THOUSAND ONE HUNDRED FOURTY-ONE In wit where , TRACTOR executed this proposal as of date set forth above, by: � natu f Contra r Print Name and Titl C�NTRACTOR'S PROPOSAL C:�Doannenls end 3etlinga'Adassenlloal SatNngatTamporery Intemet FdaslConfenl.0utlook1LL20ZLW�Bid Dou-Oper NEVa 2013.doc .a � (lY0 B!D WILL BE CONS/DERED UNLESS TH1S DOCUMENT 1S COMPIETED /N FULL. ALL APPUCABLE lTEAIS MUST BE FILLED O!!T) INFORMATION REQUIREO OF BIDDER The bidder is required to supply the following i�ormation. Additio�al sheets may be attached if necessary. (1) Finn Name GDG (2) Address 74450 GOLETA AVE., PALM DESERT, CA 92260 (3) Telephone No. (310)213-4206 OR (760)576-5544 (4) Type of FiRn (Individual, Partnership or Corporation) INDIVIDUAL (5) Co►poration organized under the laws of the State of (6) Business License No. 13-00058022 Exp. Date 8-12-14 � CONTRA R h y wears under penalty of pe�jury that this informatlon . provided t an coR . By: TiUe: OWNER , Sig ature C4NTRA T , (7) List the names and addresses of all owners of the firm or names and tiUss of all afficers of the corporation: : GLYN GRAY OWNER � (8) Number of years' experience as a provider of transportation senrices 15 (9) List at least three references for which CONTRACTOR has pe�Formed ; transportation services recentfy: ; 1. Reference Name QuT�-t �Nr�l MC10� Address C►ty e� Au�M ��- ��-Sio � FAFs �.l��,vr� ���_ P.�.,M D�c,c,A azz�ro Phone Number (�„�_�y,�-� 2. Reference Name MAjL�1 �'xt4�� Address 1 Nnkr�lReP L�R�rl�tnaw�l A�. L_-5�r7uNDL,ra Q��S Phone Number [.,�1�x�-i y6 i 3. Reference Name 1�E�,Z�a. Address A.L _ra, a�1��{ Phone Number (��ol$�L-H z��r INFORMATION REQUIRED OF BIDDER C:10owmu+M Ond 9eltkgs4MlassanlLoCd SoWnpflTemporory IMEmd FdeslCOnbrA.0utlo0kILL20ZLW18id Do�s-0P�NEYs 2013.dx � (10) Descxiption of services perFormed for above references: - Operator of the EI Paseo Courtesy Cart Shuttle since its inception by.the city 9 years ago, until present. (FORMERLY RITE RATE INC./RITE RATE BUSINESS SOLUTIONS) - Operation of multiple commuter shuttles (FORMERLY RITE RATE INC./RITE RATE BUSINESS SOLUTIONS) Monday through Friday starting at 6:30 A.M. from Metro Green Line light rail train to severai drop off points. - Operation of shuttles consisting of curb side pick-up and drop off of passengers along a regularly scheduled route throughout multiple cities, by our former company (RITE RATE INC./RITE RATE BUSINESS SOLUTIONS) in the South Bay area of Los Angeles, CA. INFORMATION RE(�UIRED UF BIDDER C:�Documenb end SNIIny�lraas�n�Lncd SaftlnpslTanKxxary Intxnet FIa��Conk�t.0utlook1lL20Z1W\Bid Doa-0per I�Ys 2013.doc ,� AGREEMENT FOR SERVICES TO OPERATE THE EL PASEO COURTE3Y CART SERVICE 8 NOVEMBER 2013 THROUGH 11 MAY 2014 This Agreement is entersd into between the City of Palm Desert (CITY) and GDG , (CONTRACTOR), for the operation of the EI Paseo Courtesy Cart in non-fixed route public transit service writhin the City of Palm Desert. This Agreement shall cover the period beginning on November S, 2013, and ending on May 11, 2014. 1. Background: The CITY desires that GDG operate the El Paseo Courtesy Cart along a non-fixed route on EI Paseo within the City of Palm Desert during the contract period. The CONTRACTOR wil! provide these services while operating the Neighborhood Electric Vehicles (NEV's) owned by the CITY. The courtesy cart services are offered free of charge to the general public and shoppers on E! Paseo, and the CONTRACTOR shall neither charge for services nor solicit tips in any manner for the services. 2. Vehicle Operation: Vehicles shall be in regular service seven days per week in accordance with the attached Schedule: 11:00 a.m. through 6:00 p.m. daily between 8 November 2013 and 11 May 2014 (days subject to change by the CITY}, including holidays except Christmas Day and Thanksgiving Day. Vehicles will be permitted to be out of service for one half-hour plus two 15-minute breaks during each eight-hour operating period. No breaks shall be taken consecutively. At direction of the CITY, more hours may be added to the schedule described herein, or may be reduced from this schedule. In the event that the number of hours is changed, the contract amount will be adjusted accordingly by application of the unit rates corrtained in the CONTRACTOR's Proposal. The CITY retains the right to increase, decrease, or, with thirty(30) days' notice, to suspend or cancei the service for any period at any time. GDG shal) provide neatly-attired professional drivers whose appearance is appropriate ior the context in which they wilt be working (company golf shirts, for example). 3. Vehicle Maintenance: CONTRACTOR shall perform alt routine preventative maintenance on the vehicles in accordance with the manufacturers recommendations. The regu(ar preventative maintenance items shalt include labor and fluids as required. CONTRACTOR will also perForm routine safety inspections every fourteen days during the term of this Agreement. Ali routine maintenance oosts based on vehicles are included in this Agreement. If extraordinary repairs become necessary, C4NTRACTOR will meet with the CITY to determine if costs of repairs will be bome by the CITY, if substitute vehicles might be used, or other options should be explored. Cost of vehicle preventative maintenance shall be carried in CONTRACTOR's lump sum price for courtesy cart operation. Any extraordinary repair costs will be paid by the CONTRACTOR and reimbursed through billings attached to the monthty invoices. 4. Fees and Payment: Payment to CONTRACTOR will be made as follows: A. Operation of the EI Paseo Courtesy Cart Service: $78,141 yearly for the cost of operating the courtesy cart service as described in the contract AGREEMENT C:IDoaunenb and SefUnpsYkla�aenllocal Sat[ingelTarppary InMme1 F{IeslCantent.0utlook�LL20ZLUA1Bi0 Docs�Op�r NEVs 2013.dot ,. documents. Vehicle hours include routine cart service, "dead head" hours, and any layover time requiring a vehicle operation. Adjustments to compensation will be paid at the unit rates of $30.50 per vehicle hour straight time and $ .35 50 per vehicle hour overtime for additiona! or reduced NEV operation requested by the CITY beyond the following schedule: Vehicles will run in accordance with the attached Schedule. 8. Cleaning of the vehicles: The NEVs will also have their interiors cleaned on a daily basis and will have their exteriors washed on a weekly basis. The cost of these services will be carried in CONTRACTOR's lump sum price for courtesy cart operation. C. Insurance: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in tfiis section constitute the minimum amount of coverage required. Any insurance proceeds available to the CiTY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to the CITY. Indemnity for liabifity: CONTRACTOR shail indemnify, protect, defend and hold harmless the AGENCY, its officials, empbyees, agents and representatives from and against any and aU losses, liabilities, damages, costs, and expenses, including attomey's fees and costs to the extent same are caused in whole or in part by any negtigent or wrongfui act, error, or omission of the CONTRACTOR, its employees or subcontractors in the perfoRnance of services under this agreement. CONTRACTOR sha(I provide the following types and amounts of insurance: a. General liability — CONTRACTOR shall provide Commercial General Liability Insurance using Insurance Services Office "Commercial General Liabilit�' policy form CG 00 01 11 85 or the exact equivalent with limits of no less than $1,000,000 per occurrence for all covered losses and $2,000,000 general aggregate. This insurance shall be primary and non- contributing insu�ance for work perfonned. CONTRACTOR agrees to endorse general liability coverage required here to include as additional insured the CITY, its officials, employees and agents. CONTRACTOR also agrees to require the same provision of all subcontractors, joint ventures or other parties engaged by or on behalf of CONTRACTOR in relation to this agreement. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to CITY, consisting of: a} AGREEMENT C:10oairnenb snd 3etlinpaWd�estnllacal SNfinpslTlrtporery IMem�t FdlslConMnt.Outlook1LL20ZLUA1Bid Dou-Opv HEVs 2013.doe ,. .� certificate(s) of insurance evidencing all of the coverages required and b) an additional insured endorsement to Contractor's general liability poticy using tnsurance Services Office form CG 20 10 17 85 or the exact equivalent approved by the CITY. b. Workera' compensatio� and employer's liability — C�NTRACTOR shall provide Workers Compensation and Employers Liability Insurance on a state-approved policy form providing statutory benefits as required by law with employers liability Iimits no less that $1,000,000 per accident or disease. D. Payments: CONTRACTOR shall invoice the CITY by the fifteenth of each calendar morrth for the preceding month's fees. Terms of the invaices shaJ! be net thirty days. 5. Other: CONTRACTOR shall make a�ailable information in the NEVs that the CITY deems informative to the public. The CITY shall fumish�brochures and printed literature in adequate quantities such that CONTRACTOR can restock the information carried in the vehicles on an as-needed basis. CONTRACTOR shall not charge persons wishing to use the courtesy cart service, nor shall the driver solicit tips in any manner. Use of a tip basket is expressly forbidden. Drivers shall be subject to review and approval by the CITY. Drivers will be required to be able to answer questions and give information regarciing the City of Palm Desert, and its history, in a courteous and helpful manner. At the request of the CITY, CONTRACTOR shall replace any driver found lacking in professionalism or courtesy, or not preserrting him/herself in a neat and professional manner while on duty. Driver shall be responsible for retrieving NEV from the CITY-supplied storage location and for retuming the NEV there at the end of each shift. Driver will also be responsible for recharging the vehicle and promptly reporting any matfunctions of either the vehicle or the recharging apparatus maintained at the storage location. CONTRACT�R is responsible for providing all cleaning materials needed to maintain the exterior and interior of the vehictes in a like-new condition. AGREEMENT C:�Ooam�b end 3eltkipaVlOaseenlLotal3etlinptlTertporsry Internef RIee1Co�0ent.0utlook�LL20ZLW1Bid Docs-Opn NEVs 2013.doe .�, .� IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized o�ciais, this Agreement which shall be deemed an � original on the date first above written. CITY OF PALM DESERT CONT ' By: BY� Jan Hamik, Mayor Sig re { � Attest: C�-fn��.. ; Rachelle D. Klassen, Secretary Title Approved as to form: Attes : V• �i ignature � Y l { David J. Ervvin, City Attomey Title ' ; � � a ; 1 , i � � € � � t ; � ; � i e E 's ; i � ? � , AGREEMENT ; � C:�Doaxnenb entl SaUinpaMldwenLL.oral SMlinpslTenporary Internd FisslCmMntOutlook�LL20Z�W1Bid DouODx NEVs 20/3.doc � � � G