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HomeMy WebLinkAboutC34240 Commercial - Residential Street Sweeping ServicesContract No. C34240 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C34240 TO M & M SWEEPING, INC., OF THOUSAND PALMS, CALIFORNIA, FOR COMMERCIAL AND RESIDENTIAL STREET SWEEPING FOR A TWENTY-FOUR (24) MONTH CONTRACT IN THE AMOUNT OF $279,630 BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: M & M Sweeping, Inc. P.O. Box 878 Thousand Palms, CA 92276 DATE: May 14, 2015 CONTENTS: Contractor's Proposal Agreement & Bonds Recommendation By Minute Motion: 1. Award Contract No. C34240 to M & M Sweeping, Inc., of Thousand Palms, California, for Commercial and Residential Street Sweeping for a twenty-four (24) month contract in the amount of $279,630 ($139,815 per year); 2. Authorize the Mayor to execute the agreement. Funds are available in General Fund Account No. 110-4310-433-3320, Street Repair and Maintenance. Background All public streets in the City of Palm Desert are swept biweekly: some under contract with the City and some (major arterials) under contract with the Coachella Valley Association of Governments. The National Pollutant Discharge Elimination System (NPDES) permit requires the reduction of pollutants by Source Control Best Management Practices (BMPs). We are required to implement Source Control BMPs and street sweeping is considered one of the most effective methods to achieve compliance. The NPDES also requires reduction of litter accumulation, which street sweeping also accomplishes. Furthermore, the South Coast Air Quality Management Staff Report Award C34240 Commercial and Street Sweeping Contract to M & M Sweeping Page 2 of 3 May 14, 2015 District (SCAQMD) requires that sediment be removed from paved public roadways, and the SCAQMD considers street sweeping to be a BMP to achieve compliance. The current contract with Clean Sweep Environmental expires on June 30, 2015, and they have elected not to accept a one-year extension of their contract. On April 11 and 16, 2015, the City Clerk advertised and called for bids for the Commercial and Residential Street Sweeping Contract for Fiscal Years 2015/16 and 2016/17. On April 29, 2015, bids were opened publicly and read aloud with the following results: Contractor Location 24 Mo. Proposal Amt M & M Sweeping, Inc. Thousand Palms, CA $279,630.00 Pacific Sweeping San Marcos, CA $314,428.40 Clean Street Gardena, CA $334,313.20 Staff recommends awarding the contract to the lowest bidder, M & M Sweeping, Inc. Fiscal Analysis This is an ongoing maintenance activity with no fiscal impact beyond the contract amount. Prepared By: Maintena�n4 Services Manager Paul S. Gibson, Director of Finance Approval: n M. Wohlmuth, City Manager Depa e t ead: Mark Gronwood,_PVEN, Directorlot Public Works Contract No. C34240 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 14th day of May 2015, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and M & M Sweeping, Inc., herein referred to as "Contractor." WITNESSETH: WHEREAS, on April 11, 2015, City invited bids for commercial and residential street sweeping; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City for said 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, 2015, through June 30, 2017, or to such later date as may be agreed in writing between parties. This contract allows for an option of two one-year contract extensions at the City's option and based on Contractor's performance and mutual agreement. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation therefor the total sum of Two Hundred Seventy-nine Thousand Six Hundred Thirty and no/100 Dollars ($279,630.00) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by City. (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect the City of Palm Desert, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City. (6) TERMINATION If, during the term of this Agreement, City determines that Contractor is not faithfully abiding by any term or condition contained herein, City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day period of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. City reserves the right to delay any such payment until completion of 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 Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The Notice Inviting Bids; Bid Terms and Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms; Addendum Nos. 0 ; General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing Schedule; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this 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. (9) ANTI -DISCRIMINATION In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. (11) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: IF TO CITY: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 IF TO CONTRACTOR: M & M Sweeping, Inc. P.O. Box 878 Thousand Palms, CA 92276 (12) LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT Both City and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. 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 A Municipal Corporation SUSAN MARIE WEBER, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY CONTRACTOR APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS 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 County of } ) SS ) 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) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to M & M Sweeping, Inc., hereinafter designated as "Principal," a contract for: CITY OF PALM DESERT COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICES FY 2016 through FY 2017 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, , the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert, hereinafter called City, in the penal sum of Two Hundred Seventy-nine Thousand Six Hundred Thirty and no/100 Dollars ($279,630.00) 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 above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. 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 PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER 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 ) ) ss. County of ) On personally appeared before me, , 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 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 ) ) ss. 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 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to M & M Sweeping Inc., (hereinafter designated as "Contractor"), an agreement dated May 14, 2015, and described as follows: CITY OF PALM DESERT COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICES FY 2016 through FY 2017 CONTRACT NO. C34240 (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 et seq of the California Civil Code; NOW, THEREFORE, we, , 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 City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Two Hundred Seventy-nine Thousand Six Hundred Thirty and no/100 Dollars ($279,630.00), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of 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 heirs, executors, administrators, successors or assigns, or subcontractors, shall 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, or to pay any person 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 from the wages of employees of said Contractor and his or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 9100 et seq of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of Contractor or his or its subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 9100 et seq of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between Obligee and Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAUContractor: M & M Sweeping Inc., (Typed Name of Contractor) (Signature) (Typed Name and Title) SURETY: JIM (Typed Name of Surety) (Signature of Attorney -in -Fact) (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). 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). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: IF TO SURETY: (Name of Surety) (Street Address) (City, State and Zip Code) (Telephone number) AGENT OR REPRESENTATIVE FOR SERVICE PROCESS IN CALIFORNIA (if different from above) (Name of Agent or Representative) (Street Address) (City, State and Zip Code) SURETY ACKNOWLEDGMENT (Telephone number) 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 ) 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 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 ) ) ss. 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 CITY OF PALM DESERT COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICES CONTRACT NO. C34240 CONTRACTOR'S PROPOSAL SUBMISSION FORM TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all phases and types of work described in the specifications. The unit cost per curb mile shall be indicated. 1. Total amount of base bid in figures: $ a�• S 0 per curb mile (cm). 2. Total amount of base bid in words: <& e,,�y— f w u dollars and -� :- " 1 y cents per curb mile (cm). 3. Total annual value of contract for purposes of comparison is: $ o`Za, S� per curb mile x 239 curb miles x 26 sweepings = $R/SOa annual value CONTRACT WILL BE AWARDED FOR A 24 MONTH (2 YEAR) TERM Undersigned hereby acknowledges receipt of addenda as indicated circle highest number that applies) 1 2 3 4 Company Name: A,-e- /1 S w =L2 Company Address: -7�a- 3y3 -305`3 --760-2Fo- Z05-3 -7do-3y3-f/2s- Offfice Phone: Cell Phone: Fax: �('C '�' ci/ Jv> -e /'r es, We, t Bid Prepared By: Title: si Date: ?�o- 2r0-70S 3 ContactPerson: Cell Phone: C34240 SECTION 1 CONTRACT DOCUMENTS Page 8 INFORMATION REQUIRED OF BIDDER In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: ❑ Check if additional sheets are not attached: ❑ (1) Company Name and Address 114s2.417 S w PLOT, 9'. d. Dui ? 7 r T/,oG5fel '/ti, s 2 76 (2) Telephone No. --76 O — 3 v 3- 3 Oa --� (3) Type of Firm (Individual, Partnership or Corporation) (4) Corporation organized under the laws of the State of C4 (5) Contractor's License No. Exp. Date Contractor's License No. Exp. Date Contractor's License No. Exp. Date (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corp/oration: / - Z-- // 0,7 6 rC) (7) Number of years experience as a street sweeping contractor 3 b (8) Number of years experience with municipal street sweeping contracts D f C34240 SECTION 1 CONTRACT DOCUMENTS Page 9 (9) Type and number of vehicles and other equipment to be used in the fulfillment of this contract: Motor vehicles: TYPE: �r l4�n cr�55u;�r/ TYPE: SC o,r? -r TYPE: 60o Other equipment: TYPE: TYPE: TYPE: HOW MANY: HOW MANY: HOW MANY: HOW MANY: HOW MANY: HOW MANY: (10) Proposed facilities to be used in the fulfillment of this contract List location/address of facilities from which work crews and equipment will be dispatched: % -?- / 2 2 7,� SUBCONTRACTOR LIST List the names and addresses of each subcontractor who will perform work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet 9 No subcontractors will be used Subcontractor's Name: License Number: Address: Telephone: Work to be performed: C34240 SECTION 1 CONTRACT DOCUMENTS Page 10 REFERENCES Contract Initiation/ Amount Scope of Work Completion Dates Cont/a,ct Person 1 $ ��%d,dCO Sy .5e Rlerli �dCE— /P3 f r l �^� �/ /�/Gm �� Name C 11-61 liiN/ ^ f l2 �1ol two e,115 Fei �% _ Business Name (�4 , If 4,e l t % 760- 6'� 3— 6 fl2T Address Phone Additional information: 2 $ 'Z X 4.,� 4-c Name of l/ Oe44 f Th r ,/� f^ Business Name { f' o ✓ L - 1— %( foo ��C%-./' Z-7�� Address Phone Additional information: 3 $ Z710, Get' ZUG S—? -eIr,t _ J/P�/ �li�. } Name sfr C/ f �fry7 t GG� f Business Name Cc/- / I , -e Address 1/3 Z Phone Additional information: Provide the name and title of the person who inspected the site of the proposed work for your firm: 7-itie C34240 SECTION 1 CONTRACT DOCUMENTS Page 11 PROPOSAL AFFIRMATION With regard to the information provided hereinabove, I affirm that: • All information provided is true and correct to the best of my knowledge, and; • 1 understand that a materially false statement willfully or fraudulently made in connection with this Proposal may result in the termination of any contract between the City of Palm Desert and >P /h S e :^ a -h c • , and as a further result, the aforesaid firm may be barre from participation in future City contracts as well as be subject to possible criminal prosecution, and; • 1 have legal authority to bind AL Z:�2 S -7� C , to the terms of this affirmation. FOR PROPOSAL TOJ B ALID, THIS SHEET MUST BE SIGNED l_s ri le Company Name C34240 SECTION 1 CONTRACT DOCUMENTS Page 12