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Home My WebLink AboutC27550A Parking Lot Sweeping Servcies FY 08/09REQUEST: CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT Award Contract for City Parking Lot Sweeping Services for Fiscal Year 2008-2009 SUBMITTED BY: Mark Greenwood, VENDOR: M & M Sweeping, P.O. Box 878 Thousand Palms, DATE: August 28, 2008 CONTENTS: Contractor's Bid Contract Recommendation: �o P.E., Director of W3 l c$L ACTION: APPROVED yi-- Inc. RECEIVED CA 92276-0878 MEETING D - i'i __ 0 NOES: J BsE --- .ABSTA.IN: -nix_ VERIFIED Y :. Original on File i �p City C1-611V13 tip By Minute Motion: 1. Approve Contract C27550A for one year with M & M Sweeping, Inc., of Thousand Palms, California for sweeping services to City -owned parking lots for a total of $10,500.00 for Fiscal Year 2008-2009; and 2. Authorize the City Manager to execute the contract Discussion: In order to provide for sweeping services to City -owned parking Tots in the 2008-2009 fiscal year, staff bid out these services and added the following new parking lot locations to the existing contract: Civic Center, Sheriff Station, Park View Building, YMCA, and Parks & Recreation Center. The 2007-2008 parking lot sweeping contract, with M & M Sweeping, Inc., consisted of services for Presidents Plaza East and West, Presidents Plaza 3, and Entrada Del Paseo. In keeping with the City's philosophy of "green operations" to the furthest extent possible, the bid specifications issued in May of 2008 required, for the first time, the use of alternative -fuel sweepers. On June 12, 2008, sealed bids were opened for sweeping services for City -owned parking Tots. Of the eleven bids distributed, All American Sweeping Service was the only responsive bidder. All American's alternative -fuel sweeper uses B-5 bio-diesel, a blend of 5% bio-diesel and 95% petrodiesel. However, All American's bid was thought to be extremely high at $59,040, even with the added locations. In order to provide an accurate analysis of the disparity between the bid received from All American for services provided with an alternative -fuel vehicle and the costs incurred in the past for services provided with traditionally -fueled vehicles, staff separated out the cost of the new locations from the All American bid and still found a significant Award Contract Sweeping City Parking Lots Page 2 of 2 August 28, 2008 difference. M & M Sweeping was charging $10,020 per year; the All American bid for the same locations using an alternative -fuel vehicle was calculated at $42,960 a year. This analysis revealed a small benefit for several times the price. At the City Council meeting of July 10, 2008, staff requested and received Council's direction to reject all bids and re -bid the contract for sweeping services to City -owned parking Tots, eliminating the requirement for the use of alternative -fuel vehicles. Thirteen bid packages were distributed for bid. On July 30, 2008, the six sealed bids received were opened, with the following results: M & M Sweeping, Inc., Thousand Palms, CA $10,500.00 Commercial Cleaning Specialist, Palm Desert, CA $12,600.00 Quality Street Service, Desert Hot Springs, CA $16,620.00 Coachella Valley Erosion Control, Indio Hills, CA $18,000.00 PM 10 Inc., Palm Desert, CA $21,319.92 Gee Whiz Sweeping, Palm Desert, CA $31,200.00 Funds are available in the 2008-2009 Fiscal Year budget, in account no. 110-4310-433-3320. Staff recommends that City Council approve contract C27550A with M & M Sweeping, Inc. to provide sweeping services to City -owned parking lots for a total of $10,500.00; and authorize the City Manager to execute the contract. Fiscal Impact: There is no fiscal impact beyond the funds that are already allocated to provide these services. Prepared y: iffActVc{�& Carlos Hernandez Maintenance Services Manager Approv Homer Cr Departm Mark Greenwood, P.E. Director of Public Works a4,77/74-- Paul Gibson ACM fo Services Finance Director Car os L Ort City Manage CH:dhl 760 7739025 Palm_Desert_Corp_Yar 12:31.04 p.m. 07-17-2008 15/18 � � � C27550A r f PROPOSAL FOR FURNtSHING PARKING LOT SWEEPING SERVICES TO THE CITY OF PALM DESERT The undersigned declares that they have carefuily examined the Spec'fiications accompanying the Invitation to Bid; are thoroughly famitiar with the contents thereof; are authorized to represent the bidding fiirm; and propose services to Palm Desert. Bid Items: Weekly parking bt sweeping services for the foJlowing locations described in said Spec�cations, which are made a part of this proposat: President's Plaza $ � � � month President's Plaza 3 $ � S �' month Entrada Del Paseo $ � 2 -1' month Total $ � �� X 12 = $ ��/� �� Day and time swee ing will be perfor,med: � U P�-�c�aY �,�c,�� '�,f _ �l/pc�� ,s�� " /Lt v,� .,�.� .ri Equipment to be used (make, model, year): Z G'GQ E � I c�,�,� ,� ,*�- �v.�, �.�1' . Business Narne; �/1 .�7 � .� ;,�, -�Pja �`�,, y �,.� � Phone Number: �6C� 3 y J-- 3 aC' j Fax Number: �6d s y 3 - i� 2 f Signature of Bidder: �— ,�.-- 12 C27550A CITY OF PALM DESERT RIVERSIDE COUNTY CALIFORNIA CONTRACT SPECIFICATIONS FOR CONTRACT NO: C27550A SWEEPING SERVICES FOR CITY PARKING LOTS MARK GREENWOOD, P.E., DIRECTOR OF PUBLIC WORKS 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 C27550A TABLE OF CONTENTS CONTRACT DOCUMENTS AND SPECIFICATIONS NOTICE INVITING BIDS................................................................... A1 BID TERMS AND CONDITIONS..........................................................1 GENERAL TERMS AND CONDITIONS................................................ 2 SPECIFIC TERMS AND CONDITIONS..................................................5 AGREEMENT...................................................................................8 PROPOSAL.....................................................................................12 LOCATION MAPS C27550A BID TERMS AND CONDITIONS REQUIREMENT TO MEET ALL BID PROVISION Each bidder shall meet all of the Specifications and Bid Terms and Conditions, Non- substantial deviations may be considered provided that the bidder submits a full description and explanation of justification for the proposed deviations. Final determination of any proposed deviation will be made by the City of Palm Desert. BID RETENTION AND AWARD The City reserves the right to retain all bids for a period of thirty (30) days for examination and comparison. The City also reserves the right to waiver non-substantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible, responsive bidder as the interest of the City may require. BID WITHDRAWAL A bidder may withdrawal their proposal, without prejudice, prior to the time specified for the bid opening, by submitting a written request to the City Clerk for its withdrawal, in which event the proposal will be retumed to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the "Notice Inviting Bids" will be considered. All bids will be opened and declared publicly. Bidders, or their representatives, are invited to be present at the opening of the bids. SUBMISSION OF ONE BID ONLY No individual, or business entity of any kind, shall be allowed to make or file, or to be interested in more than one bid, except an alternative bid when specifically requested; however, an individual or business entity which was submitted a sub-proposal to a bidder submitting a proposal, or has quoted prices on materials to bidder, it not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. COMMUNICATION REGARDING BID All timely requests for information submitted in writing will receive a written response from the City. Telephone communication with City staff are not encouraged but will be permitted; however, any such oral communication shall not be binding on the City. i C27550A GENERAL TERMS AND CONDITIONS BUSINESS TAX The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained before any business or trade is conducted within the City. Verification that the bidder has a valid City of Palm Desert Business Tax Receipt will be obtained by City prior to the execution of the contract. CONTRACT REQUIREMENT The bidder to who award is made shall execute a written agreement with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in this proposal. The agreement shall be made in the form adopted by the City and incorporated in the specifications. FAILURE TO ACCEPT CONTRACT If the bidder to whom the award is made fails to enter into the contract, the award will be annulled, and an award may be made to the next lowest responsible bidder, and that bidder shall fulfill every stipulation as if it were the party to whom the first award was made. LABOR ACTIONS In the event that the selected bidder is experiencing a labor action at the time of the award of the contract (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest responsible bidder and to accept the next acceptable low bid from a bidder that is not experiencing a labor action, and to dectare it to be the lowest responsible bidder. 2 C27550A INSURANCE COMPLIANCE REQUIREMENTS 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 shall furnish City with satisfactory proof of full compliance with all insurance requirements prior to execution of the contract. Contractors who use existing coverage to comply with these requirements that does not meet requirements set forth here, must amend their coverage 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. Contractor shall provide the following types and amounts of insurance: 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 no less than $1,000,000 per occurrence for all covered losses and $2,000,000 general aggregate. Worker's Compensation and Employer's Liability — Contractor shall provide Worker's Compensation and Employer's Liability Insurance on a start-approved policy form providing benefits as required by lay with employer's liability limits no less than $1,000,000 per accident or disease. Automobile Liability — Contractor shall provide auto liability coverage using ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (any Auto) or the exact equivalent with a limit of no less than $1,000,000 per accident. If contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. Umbrella or excess liability — Umbrella or excess liability policies may be used to provide coverage at least as broad as specified for underlying coverages. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion of claims or suits by one insured against another. The City, its officers, agents and employees are to be added as "additional insured" to the insurance, and a Certificate of Additional Insured Endorsement form CG 20 10 11 85 or its exact equivalent must be provided to the City prior to execution of the contract and before any work can begin. The policy shall provide that the policy is not subject to material modification or cancellation until after thirty (30) days of written notice shall have been sent by certified mail (retum receipt requested) to the City of Palm Desert, City Clerk, 73-510 Fred Waring Drive, Palm Desert, Ca 92260, and shall contain an unequivocal clause so stating. 3 C27550A CONTRACT ASSIGNMENT The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity or any kind without the previous written consent of the City Council of the City of Palm Desert. NON-DISCRIMINATION In the performance of the terms of this contract, the Contractor agrees that it will not engage in, nor will it permit its sub-contractors to discriminate in the employment of persons because of age, race, color, sex, national origin or ancestry, or religion. PERSONNEL The Contractor shall furnish sufficient supervisory and working personnel capable of accomplishing on schedule all work required and proposed under this contract. PAYMENT TERMS The Contractor shall be paid monthly, in arrears, for the work specified and performed satisfactorily under this contract. The City's payment terms are thirty (30) days from the receipt of an original invoice, revised reports and acceptance of materials, supplies, or services (Net 30). SEVERABILITY If any term, provision or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 4 C27550A SPECIFIC TERMS AND CONDITIONS GENERAL Contractor shall use and furnish, at his own expense, all labor, equipment and materials necessary for the satisfactory performance of the work set forth. WORK LOCATION 1. Presidents Plaza parking lots. These parking lots are located behind businesses on the north side of EI Paseo and the south side of Highway 111 between Larkspur Lane, on the west, and Portola Avenue on the east. San Luis Rey Avenue divides the parking lots onto east and west sections. A location map is attached. 2. Presidents Plaza 3 parking lots. These parking lots are located behind businesses on the north side of EI Paseo and the south side of Highway 111 between Sage Lane, on the west and Highway 74, on the east. A location map is attached. 3. Entrada Del Paseo parking lot. This parking lot is located on the southwest corner of Highway 111 and EI Paseo/Town Center Way. Sweeping will be for the parking lot and internal connecting roadways. SCOPE OF WORK Once a week, Contraetor shall power sweep and clean all paved surfaces within the boundaries of the described property. EQUIPMENT The Contractor shall use vacuum sweeping equipment that is designed for use in parking lots. The equipment shall be modern, PM-10 compliant, clean and maintained in proper working condition at all times. The Contractor shall provide a list of equipment and the type of alternative fuel used in the performance of this contract as part of the bid proposal. CONTRACT TERMS The services bid upon shall be used by the City for a one (1) year, from July 1, 2008 to June 30, 2009, and the cost of the bid shall be valid for the entire term of the contract unless conditioned by the bidder in the bid exceptions. s C27550A DISPOSAL OF SWEEPING Contractor shall dispose of all refuse collected by hauling the same, to an established disposal area at Contractor's expense. No transfer points for storage at any time. WATER Contractor shall make arrangements with Coachella Valley Water Distriet if needed, for use of fire hydrants and meters and pay for water as necessary. SWEEPING SCHEDULE Contractor shall schedule sweeping to generally occur on the same day each week and at a time when the parking lot use is at a minimum, late evening or early morning. Upon execution of this agreement Contractor shall provide the City with a sweeping schedule. SWEEPING PERFORMANCE The standard of performance which the Contractor is obligated to perform hereunder are the standards which are considered to be good street sweeping practices. COMPLAINTS Contractor shall be notified of complaints received in the City Offices and shall take corrective action for each complaint within 24 hours after being notified of complaint. INDEPENDENT CONTRACTOR Contractor is and at all times shall be an independent Contractor and nothing contained herein shall be construed as making Contractor, or any individual compensated by the Contractor, an agent or employee of the City or authorizing the Contractor to create or assume any obligation of liability for or on behalf of the City. LOCAL OFFICE The Contractor shall maintain a local office with a competent representative that can be reached during normal working hours and authorized to discuss matters pertaining to this Contract with the City. A local office is one that can be reached by telephone without it being a toll call. PERSONNEL The Contractor shall furnish sufficient supervisory and working personnel capable of accomplishing on schedule all work required under this contract. 6 C27550A PAYMENT TERMS The Contractor shail be paid for the work specified and performed satisfactorily under this contract. The City's payment terms are thirty (30) days from the receipt of an original invoice and acceptance of materials, supplies, equipment or service (Net 30). PAYMENT WITHHELD The City may withhold payment to such extent as may be necessary to protect the City from loss due to work required in the specifications which is defective, incomplete or not performed. � C27550A AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this day of , by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and M & M SWEEPING, INC., referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on , the CITY requested bid proposals for parking lot sweeping services for City maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, 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, 2008, through June 30, 2009, or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore the total sum of , and no/100 Dollars ($ ) as set forth in the Contract Documents and adopted by the 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 Specific Terms and Conditions. s C27550A (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless The 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 our connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, and subcontractors and employees thereof in connection with the performance or non- performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the City of Palm Desert, its official, 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 the 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 notice 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 ihe 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. 9 C27550A (7) INCORPORATED BY REFERENCE. The Notice Inviting Bids; General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), Addendum Nos._; 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: Office of the City Clerk CONTRACTOR: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (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. io C27550A IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT CONTRACTOR A Municipal Corporation By: JEAN M. BENSON, MAYOR Signature to be notarized CITY OF PALM DESERT, CALIFORNIA ATTEST: Printed name/Title RRCHELLE D. K�ASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E., DIRECTOR OF PUBLIC WORKS APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY 11