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Home My WebLink AboutC28841 - 1-yr Xtnsn - Sweeping Svcs of City-maintained Prking Lots Contract No. C28841 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT � STAFF REPORT REQUEST: APPROVE A ONE-YEAR EXTENSION OF CONTRACT C28840 WITH CLEANSTREET FOR $20,280 FOR CITY-MAINTAINED PARKING LOT SWEEPING SERVICES FOR FISCAL YEAR 2010- 2011, AND AUTHORIZE APPROPRIATIONS FROM BUSINESS IMPROVEMENT DISTRICT RESERVE FUNDS SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: CleanStreet 1937 W. 169t" Street Gardena, CA 90247 DATE: May 27, 2010 ATTACHMENTS: Letter from CleanStreet Agreement C28841 Location Maps Recommendation By Minute Motion: 1. Approve a one-year extension of Contract C28840 with CleanStreet for $20,280 ($1,690 per month) for City-maintained parking lot sweeping for Fiscal Year 2010-2011; 2. Appropriate $ 2,152 from the unobligated Reserve Fund Collection in Fund 277; 3. Appropriate $3,129 from the unobligated Reserve Fund Collection in Fund 282; and 4. Authorize the Mayor to execute the agreement. Staff Report Approve One-Year Extension of C28840 for Parking Lot Sweeping Services May 27, 2010 Page 2 of 3 Backqround In May of 2009, the City's parking lot sweeping contract was re-bid for Fiscal Year 2009- 2010 and subsequently awarded to CleanStreet in the amount of $1,690 per month, or $20,280 per year. The Fiscal Year 2009-2010 costs reflected a rate increase that can be attributed solely to the 2009 requirement for the use of alternative-fuel vehicles. The current contract contains a provision for an optional extension of the contract by mutual agreement. For Fiscal Year 2010-2011, CleanStreet has agreed to continue providing parking lot sweeping services at the 2009-2010 rate with no increase. The annual cost for sweeping the President's Plaza East/West parking lot is $7,680. Funds in the amount of $5,528 are available in the President's Plaza Parking Lot Improvements Account Number 277-4373-433-3091, leaving a budgetary shortfall of $2,152 for this activity. The recommendation includes a request to appropriate $2,152 from the unobligated Reserve Fund Collection in Fund 277. The annual cost for sweeping President's Plaza 3 parking lot is $7,500. Funds in the amount of $4,371 are available in the President's Plaza 3 Parking Lot Improvements Account Number 282-4373-433-3091, leaving a budgetary shortfall of $3,129 for this activity. The recommendation includes a request to appropriate $3,129 from the unobligated Reserve Fund Collection in Fund 282. The annual cost for sweeping the Entrada Del Paseo parking lot is $5,100; funds are available in General Fund Account Number 110-4310-433-3320, Street Repair and Maintenance. The level of service received is satisfactory and any issues that arise are quickly resolved. Therefore, staff recommends that City Council approve a one-year extension of contract C28840 with CleanStreet to provide parking lot sweeping services for Fiscal Year 2010-2011, at the rate of$1690 per month for three parking lots, and authorize the Mayor to execute the new agreement, Contract No. C28841. Staff Report Approve One-Year Extension of C28840 for Parking Lot Sweeping Services May 27, 2010 Page 3 of 3 Fiscal Analvsis The additional amount totaling $5,281 will be obtained from utilizing available business improvement district reserve accounts. Prepared By: Department He d: � �y Carlos rnandez Mark Gree wood, P.E., Maintenance Services Manager Director of Public Works � C1TY COUNCIL ACTiON APPROVF,D ✓ �F.NTT;D Paul Gibson, Finance Director RECEIVED OTHER MF.ETING DATE �-� 7-��'��' AYES: ' ApprovaL• NOES:--M'�n P ABSENT: ABSTAIN: ' � VERIFIED BY: � / Original on File with City Clerk's Office �`�Z.--�' -��`' � n M. Wohlmuth, City Manager /dhl e..=' Cleani�r7g Ycrt�� r��;r�er rr�cKr�� March 22, 2010 Mr. Carlos Hernandez City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Carlos, C1eanStreet would extend the current contract for fiscal year 2010 /2011 at the same terms and conditions namely, $28.45 per curb mile for the citywide street sweeping and $1,690 per month for the parking lots. Sincerely, CLEANSTREET �,� w��,,�� , � �..�� Rick Anderson Director of Business Development 1937 West 169t� Street, G� rdena, Calofornia 9�247 (80{}? 225- 73 � 6 CleanStseet. corr� �-rnail � ' nft�@CleanStreet.cam Fax : t310} 538-801 5 CITY OF PALM DESERT STREET SWEEPING SERVICES FOR ClTY-OWNED PARKiNG LOTS 2009 CONTRACT NO. C28840 AGREEMENT THfS AGREEMENT is made and entered into in the City of Palm Desert on this �1�' day of June, 2009, by and between THE ClTY OF PALM DESERT, a municipa! corporafion, hereinafter referred to as "CITY," and CleanStreet, herein referred to as "CONTRACTOR." . WITNESSETH: • WHEREAS, on May 13, 2009, C1TY irt�ited bids for �rofessionaf street sweepir�� for City-maintained properties per spec�fications; and WHEREAS, pursuant to said invitation, C�NTRACTOR submitted a bid, which was accepted by CITY for said services, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, �he parties hereto agree as follows: (1) TERM The term of t�is Agreement shafl be from July 1, 2009, through June 30, 2010 or to such later date as may be agreed in writing between parties. (2) C�7Y'S OBLIGATIONS For fumishing services, as specifed in this Agreement, CITY wif) pay and C4NTRACTOR shall receive in full compensatEon, therefore the total sum of one thousand six hundred ninety dollars {$1,69Q.�00) per month as set forth in the Contract Documen#s and adopted by City. (3) CONTRACTOR`S OBLIGATI4N For, and in consideration of, the paymen#s and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees w�th City to fumish the services and to do e�erything required by this Agreement and the Contract Documents, Specifications and Conditions. {4) HOLD HARMLESS AND INDEMNIFICAT[4N Confractor agrees to defend, indemnify, and �old harmless The Gity of Pafm Desert, its officials, o�Ficers, emp�oyees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or refating in any manner to, any act or omission of Contractor, its agen#s, employees, subcontrac#ors and empfoyees thereof in connection with, the perFormance or non-�erformance of ti�is Agreeme�t. Contractor shall thoroughly in�esfiiga#e any and all claims and indemnify City and da whatever is necessary to protect the Ci�y of Palm Desert, its officials, officers, employees, agents, and representatives as to any such cfaims, lawsuits, liabifities or damages. (5} AMENDMENTS Any amendment, modification, or �ariation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City. CONTRACT NO. C28840 {6) TERMINATION !f, d�ring the term of this Agreement, City determir�es that Contractor is not fai#hfuJly abiding by any term or condition contai�ed herein, City may notifiy Confirac#or in writing of such defect or failure to perForm; whic� notice must give Contractor a three�iay period of time the�-eafter in whicl� to perform said work or cure the defciency. If Contractor fails to perform said woric or cure the deficiency within the #hree (3) days specified in the notice, such shall constitute a breach of this Agreement and Cify may terminate this Agreemenf immediately by written notice to Cantractor to saici effect. Thereafter, except as o#herwise set far#h herein, neither par[y shall ha�e any further duties, obligafions, responsibili�ies, or rights und�r this Agreement except, however, any and all obligation of Contractor's surety shafl remain in fult force and effect, and shall nof be extinguis�ed, recluced, or in any manner waived by the termination i�ereof. In said event, Contractor shafl be entitled #o the reasonable value of its servFces perfarmed 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 righ# to delay any such paymenf until completion of confirmed abandonment of the project, as may be determined in the City's sole discretion, so as fv permit a full and complete accounting of costs. En no event, however, shall Con#ractor be entitfed to recei�e in excess ofi the compensation q�oted in its bid. The Ciiy CounciJ may #e�minate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The Notice Inviting Bids; Bid Terms and Conditions; Genera! Terms and Conditions; Specific Terms and Conditions; Contractor's Bid Proposal Submission Form(s}, Addendum Nos. �none) ; Change Orders; additionai or supplemental specifications, drawing, maps or diagrams; and City-issued forms relating to this project, are hereby incorpara#ed in and made a part of this Agreemenfi. (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 wri#ing and specificafiy inco�-pora#ed herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon #he parties hereto. (9) ANTI-DISCRIMtNATION In the perFormance ofi the terms of this Agreement, CONTRACTOR agrees that it wilf not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person �ecause of the age, race, color, sex, national origin or ancestry, or religion of such �ersons. Viola#ion of fihis provision may result in t�e imposition of penalties referred to in Labor Code Section 1735. (1 p) AUDIT City shail have the option of inspecting and/or auditing afl records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Confiractor. CONTRACT NO. C28840 (11} NOT1C�, 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: CITY: CONTRACTOR: �ffice of the City Clerk CleanStreet CITY OF PALM DESERT �937 West 169th Street 73-510 Fred Waring Drive Gardena, CA 90247 Palm Desert, CA 9226Q . (12) LITIGATION COSTS. In the event an action is filed by either party to enforce any righ�s or obligations under this Agreement, the prevailing party shafi be entitled to recover reasonable attorney's fees and cour# costs, in addifiion to any other relief granted by the court. (13) AUTHORITY 70 EXECUTE AGREEMENT, Both Ci#y and Contractor do warrant that each individual executing this Agreement on behaif of each party is a person duly authorized. !N WITNESS WHERE4F, the parties hereto have caused #his instrument to be executed the day and year first hereinabo�e wri�ten. CITY OF PALM DESERT A Municipal Corporation CONTRACTOR �k�r,t�T c� r RQBERT A. SPEEG L, OR CITY OF PALM DESERT, CALIFpRNIA ATTEST; APPROV O CONT T; . CHELLE D. KLASSE ITY CLERK MARK GREE W04D, P.E. CITY OF PALM DESERT, CALIFORNIA PUBLIC W�RKS DIRECT�R APPRQVED S TO FORM: DAVI J. IN CITY ATTORNEY � . CITY OF PALM DESERT STREET SWEEPING SERVICES FOR CITY-MAINTAINED PARKING LOTS 2010 CONTRACT NO. C28841 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this day of 20 , by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY," and , herein referred to as "CONTRACTOR." WITNESSETH: WHEREAS, on May 13, 2009, CITY invited bids for professional street sweeping for City-maintained properties per specifications; 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, 2010, through June 30, 2011 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 Twenty Thousand Two Hundred Eighty Dollars ($20,280.00) 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 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 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. 1 (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; General Terms and Conditions; Specific Terms and Conditions; Contractor's Bid Proposal 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. 2 (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: CITY: CONTRACTOR: Office of the City Clerk 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT A Municipal Corporation CONTRACTOR CINDY FINERTY, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P.E. CITY OF PALM DESERT, CALIFORNIA PUBLIC WORKS DIRECTOR APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY 3 CITY OF PALM DESERT STREET SWEEPING SERVICES FOR CITY-MAINTAINED PARKING LOTS 2010 CONTRACT NO. C28841 ATTACHMENT 1: MAPS OF PARKING LOT LOCATIONS THREE PAGES FOLLOW AS ATTACHMENT 1: MAP TITLED ENTRADA DEL PASEO MAP TITLED PRESIDENTS PLAZA EAST / WEST MAP TITLED PRESIDENTS PLAZA 3 4 EXHIBIT A ..�. . . . . ` _ .. . . 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