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HomeMy WebLinkAboutC36051 Extension Parking Lot Sweeping Svcs 755-20CONTRACT NO. C36051 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 25, 2019 PREPARED BY: David Reyes, Jr., Street Maintenance Supervisor REQUEST: Approve Contract No. C36051, Amendment No. 1 to Contract No. C36050 with M& M Sweeping, Inc. for parking lot sweeping services in the amount of $29,380.08 (Project No. 755-20) Recommendation By Minute Motion: 1. Approve the first extension to Contract No. C36050 with M & M Sweeping of Thousand Palms, California, in the amount of $29,380.08 for parking lot sweeping services; 2. Authorize the City Manager to execute Contract No. C36051, Amendment No. 1 to Contract No. C36050 and all related documents, and 3. Authorize the City Manager to approve change orders associated with this amendment and the second and final remaining one-year extension for fiscal year 2020-2021, based on staff's recommendation. Funds are available in the various building and business improvement district accounts. Strateqic Plan Obiective Parking lot sweeping is an on -going maintenance activity and, as such, does not contribute directly to the Strategic Plan goals. Background Contract No. C36050 was awarded to M & M Sweeping, Inc., by the City Council on May 25, 2017, for a term of two years, with an option for two, one-year extensions. The parking lot sweeping contract, which is set to expire on June 30, 2019, covers various business improvement district and City -owned facility lots. April 25, 2019 - Staff Report Contract No. C36051, Amendment No. 1 to Contract No. C36050 with M &M Sweeping, Inc. (Project No. 755-20) Page 2 of 2 M & M Sweeping has agreed to a one-year contract extension commencing July 1, 2019, at the current contract amount of $29,380.08 ($2,448.34 per month). Based on M & M Sweeping's performance staff finds the request to be reasonable. Fiscal Analvsis The contract amount is included within the Fiscal Year 2019-2020 operating budget, which is currently under review. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW N/A Robert W. Hargreaves Tom Garcia, P.E. ?etoore Lauri Aylaian City Attorney Director of Public Works Director of Finance City Manager CONTRACTOR: M & M Sweeping, Inc. P.O. Box 878 Thousand Palms, CA 92276 ATTACHMENTS: Contract No. C36051, First Amendment to Contract No. C36050 Performance and Payment Bonds Contractor's Acceptance Letter Certificate of Insurance CONTRACT NO. C36051 FIRST AMENDMENT TO CONTRACT NO. C36050 WHEREAS, the City of Palm Desert ("City") and M & M Sweeping, Inc., ("Contractor"), entered into an agreement, dated May 25, 2017, for parking lot sweeping services ("Agreement"), the parties wish to amend the Agreement effective July 1, 2019. NOW, THEREFORE, the parties agree as follows: A. Term is amended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1, 2019, through June 30, 2020." B. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 25th day of April 2019. CITY OF PALM DESERT A Municipal Corporation Lauri Aylaian, City Manager City of Palm Desert Attest: Rachelle D. Klassen, City Clerk CITY OF PALM DESERT, CALIFORNIA Approved as to Form: Robert W. Hargreaves, ESQ. City Attorney M & M SWEEPING, INC. Contractor Approved as to Content: Tom Garcia, P.E. Director of Public Works CONTRACT NO. C36051 CONTRACTOR NOTARY ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CONTRACT NO. C36051 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to M & M Sweeping, an S Corporation, hereinafter designated as the "Principal", a contract for: PARKING LOT SWEEPING SERVICES CONTRACT NO. C36051 PROJECT NO. 755-20 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, M & M Sweeping, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Twenty -Nine Thousand Three Hundred Eight and 08/100 Dollars ($29,380.08), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force an effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if the Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by a defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of the Contractor remains. Nothing herein shall limit the City's rights or the Contractor or 1 CONTRACT NO. C36051 Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever the Contractor shall be, and is declared by the City to be in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: a. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or b. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages, for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to the Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. C. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages, for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to the Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligation in the event of default by the Contractor. Surety shall not utilize the Contractor in completing the Project nor shall Surety accept a bid from the Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to the Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice to any such change extension of time, alteration or addition to the terms of the Contract Documents or to the Project. 2 CONTRACT NO. C36051 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on this day of , 20 SURETY Signature must be notarized M & M Sweepinci PRINCIPAL LIB Signature must be notarized INSURANCE COMPANY and/or AGENT Name: Address: City/State/Zip Code: Telephone No.: 3 CONTRACT NO. C36051 SURETY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 4 CONTRACT NO. C36051 PRINCIPAL ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 5 CONTRACT NO. C36051 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to M & M Sweeping, an S Corporation (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated April 25, 2019, described as follows: PARKING LOT SWEEPING SERVICES, Contract No. C36051 (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; NOW, THEREFORE, we, M & M Sweeping, the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Twenty -Nine Thousand Three Hundred Eighty and 08/100 Dollars ($29,380.08), said sum being not less than one hundred percent (100%) of the total amount payable by the said City under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code Section 18663 with respect to such work and labor the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorney's fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in the Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond. 1 CONTRACT NO. C36051 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification, in, to or of any contract plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and the original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that the claimant is a person described in the Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAUCONTRACTOR: M & M Sweepinci (Typed Name of Principal/Contractor) SURETY: By: By: (Signature) (Signature to be Notarized) (Typed Name and Title) (Typed Name of Surety) (Signature of Attorney -in -Fact) (Signature to be Notarized) (Typed Name of Attorney -in -Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) 2 CONTRACT NO. C36051 IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). Any claims under this bond may be addressed to: Surety Agent or Representative for service of process in California if different than Surety Name: Name: Address: City/State/Zip Code: Address: City/State/Zip Code: Telephone No.: Telephone No.: 3 CONTRACT NO. C36051 SURETY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public El CONTRACT NO. C36051 PRINCIPAL ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 5 CONSIRIJ lien • RisidEniiAl - CONIMI'ViAl P.O. Box 878 M&M-1 Thousand Palms, CA 92276-0878 S K EPING. Inc. Tel (760) 343.3003 1 Fax (760) 343.1125 Cell (760) 250.4053 or (858) 382.0992 April 2, 2019 Mr. David Reyes Street Maintenance Supervisor City of Palm Desert 73510 Fred Waring Drive Palm Desert, Ca 92260 Re: Contract Extension #C36050 Dear David, M&M Sweeping would like to extend its contract with the City of Palm Desert. All terms, conditions and pricing will remain the same. We appreciate your business and look forward to continuing our relationship. DATE (MMIDD/YYYY) � R" CERTIFICATE OF LIABILITY INSURANCE 06/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Autumnarring Hton — Caruso Insurance Services Inc. PHONE- -- --- - -FAX (A/C. No. EXIII: _(951)547-6770 --INC, y01:_ (951)547-6741 P.O. Box 489 E-MAIL aharin ton/�y arusoins.com ADDRESS:._ r _� 4 Norco, CA 92860 -- - --- ----- - - License #: OD44419 INSURER(S) AFFORDING COVERAGE NAIC a IHSURERA: StarNet-Insurance Company {NSUREC INSURER B : M & M Sweeping, Inc. INSURER C : ___ P O Box 878 . INSURER D : Thousand Palms, CA 92276 INSURERE INSURER F : COVERAGES CERTIFICATE NUMBER: 00000000-960691 REVISION NUMBER: 84 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- - - - - - INSR �ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE . I vis2jr/n POLICY NUMBER IMMIDO/YYYYI . (MM/DDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE f OCCUR DAMAGE TO RENTEDPREMISES (Ea o 1mirrence1 $ MED EXP (Any one person) S PERSONAL & ADV INJURY S GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY PRO- JECT LOC ' PRODUCTS - COMP/OP AGG . $ OTHER b _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ • ...(Ea acaden1-- ANY AUTO BODILY INJURY (Per person) 5 OWNED SCHEDULED r BODILY INJURY (Per accident); S AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY . _ _ AUTOS ONLY ,IPer acade.nil S UMBRELLA LIAR _ OCCUR EACH OCCURRENCE_ _ b EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED RETENTION S S A W:3%'.EPFCOu?­'liSAnON OTH- Y BW'Liil`JCG141014 07/01/2012 0710I!20i9 XDERTUTt LR AND EMPLOYERS' LIABILITY PROPRIETORIPARTNERIEXECUTIVE YIN E L_EACH ACCIDENT $ 1,000,000 ANY FYI N I A OFF ICERIMEMBER EXCLUDED? (Mandatory In NH) E L. DISEASE EA EMPLOYER S 1 ,000,000 It yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1,000,000 rV (� CJ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those ususal to the insured' operation; City of Palm Desert is listed as certifcate holder. Waiver of Subrogation appliLperr--OX form. Mr—M written contract and attached r _ "D rn 7Q r*1 C/) 3K, a M "10LnM Z -i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Desert ACCORDANCE WITH THE POLICY PROVISIONS. 73- 510 Fred Waring Dr. Palm Desert, CA 92260 AUTHORIZED REPRESENTATIVE e�4--4v— (AEH) © 1988-2016 ACORD CORPORATION. All rights reserved. ACORn 25 (2016/031 The AGORn name and loan are registered marks of ACORD Printed by AEH on June 29, 2018 at 10 05AM POLICY NUMBER: BNUWC01'1014 WORKERS COMPENSATION ANu EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (Blanket) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.020000 % of the California workers' compensation premium otherwise due on such remuneration. Schedule State Description CA Any party with whom the insured agrees to waive subrogation in a written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date. Policy Number BNUWC0141014 Endorsement No.. Insured Name. M & M Sweeping, Inc. Insurance Company: StarNet Insurance Company Countersigned By "`f