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Home My WebLink AboutC28821 - FY 2010/11 - 1yr Xtnsn Rsdntl & Cmrcl Street Sweeping Contract No. C28821 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE A ONE-YEAR EXTENSION OF CONTRACT C28820 WITH CLEANSTREET FOR $28.45 PER CURB MILE AND AN ANNUAL TOTAL OF $175,604.78, FOR CITYWIDE RESIDENTIAL AND COMMERCIAL STREET SWEEPING SERVICES FOR FISCAL YEAR 2010-2011 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: CleanStreet 1937 W. 169th Street Gardena, CA 90247 DATE: May 13, 2010 ATTACHMENTS: Letter from CleanStreet Agreement C28821 List of Locations Performance Bond Recommendation By Minute Motion: 1. Approve a one-year extension of Contract C28820 with CleanStreet for $28.45 per curb mile and an annual total of $175,604.78, for citywide residential and commercial street sweeping services for Fiscal Year 2010-2011; and 2. Authorize the Mayor to execute the agreement. Funds are available in General Fund Account No. 110-4310-433-3320, Street Repair and Maintenance. Backqround In May of 2009, the City's street sweeping contract was re-bid for Fiscal Year 2009- 2010 and subsequently awarded to CleanStreet in the amount of $28.45 per curb mile, a decrease of $0.71 from the rate paid in the 2008-2009 fiscal year. The new rate resulted in an annual savings to the City of approximately $4,368. Staff Report Approve One-Year Extension of C28820 for Street Sweeping Services Page 2 of 2 May 13, 2010 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 sweeping services at the 2009-2010 rate with no increase. Three street segments totaling a curb distance of 0.8 miles, have been added to the list of locations, bringing the total curb miles swept biweekly to 237.4. The new annual contract amount is $175,604.78. The level of service received from CleanStreet is satisfactory and any issues that arise are quickly resolved. Therefore, staff recommends that City Council approve a one- year extension of contract C28820 with CleanStreet to provide commercial and residential street sweeping services for Fiscal Year 2010-2011, at the rate of $28.45 per curb mile for an annual total of $175,604.78, and authorize the Mayor to execute the new agreement, Contract C28821. Fiscal Analysis This is an ongoing maintenance activity with no fiscal impact beyond the contract amount. Funds are available in General Fund Account No. 110-4310-433-3320, Street Repair and Maintenance. Prepared By: Department Head� .,�� -� �� , Car s Hern ez Mark Gre n ood, P.E., Maintenan e Services Manager Director of Public Works CITY COUNCILAQ'�'ION APPROVED_._�__,_,nFNJF;n,�____.__,�,_ Paul Gibson, Finance Director RECEIVED OTHER MEETING DAT - !3- �U�v Approval� AYES: �. 1S�� 2" � �U�' ' arr.� � . , NOES;�7� � � ABSENT: �'1 A13STATN: �� o n M. Wohlmuth, City Manager VERIFIED BY: Original on File with City Cle 's O�ce C"teark r�s� Yc�t�;� �r�v:r°r�r�rrsc:*�t; March 22, 20'4 0 Mr. Carlos Hernandez City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Carlos, CleanStreet 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 � ��"``� ��``�°'`�'�c�'� R �„�' Rick Anderson Director of Business Development � � 937 West 1691�h Street, G� rder�a, Cal �fornia 9�247 (800} 225- 731 6 CleanSt�eet. cc� rr� E-mai � ° � nfo(cr�CleanStreet.com F� x: � 310} 538 - 801 5 RESIDENTIAL AND COMMERCIAL STREET SWEEPING SERVICES 2010 CONTRACT NO. C28821 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 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-eight Dollars and Forty-five Cents ($28.45) per curb mile swept 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. ERWW CITY ATTORNEY 3 CITY OF PALM DESERT RESIDENTIAL AND COMMERCIAL STREET SWEEPING SERVICES 2010 CONTRACT NO. C28821 ATTACHMENT 1: LIST OF LOCATIONS (RESIDENTIAL AND COMMERCIAL STREETS) ( Two pages follow as Attachment 1 ) 4 t 42'�Avenue 5� Cabrillo Avenue �ot Desert Star Bivd. �5� Hastings Street zo� Magnesia Falls Drive 2 74 Frontage Rd n/o Haystack 52 Cactus Drive to2 Desert View Drive �s2 Hawaii Circle 202 Manzanita Drive 3 74 Fronta e Road East 53 Cahuilla Way �03 Desert Willow Drive �53 Haystack Road 203 Mari old Drive a 74 Fronta e Road West 5a Calico Cactus Lane �oa Devonshire Street �5a Hazel Can on 2oa Market Place s 74 Fronta e Rd elo Grapevine ss Califomia Avenue �05 Diamondback Road tss Hedgehog Street 205 Martini Court s A Street 56 Callaway Court �os Dolce Avenue 156 Heitz Court 2os Maryn Court �Abronia Trail 5� Calliandra Street �o� Dolmar Court �5� Heliotrope Road 20� Mason Street e Acacia Drive 58 Candlewood Street �os Drexell Drive �5s Hemin way Court 2os Melanie Place s Academy Lane W 59 Canterbury Court �os Driftwood Drive �5s Hermosa Lane zos Merle Drive �o Adonis Drive so Cardiff Street ��o Driscoll Street 16o Hollister Drive 2�o Mesa View Drive �� Alabama Street s� Carlotta Drive �� Dudley Drive �st Homestead Road 2�t Mimosa Drive t2 Alamo Drive 6z Carmel Circle �t2 Duval Court ts2 Hovle Court 2�2 Minnesota Avenue �3 Alan Circle s3 Caroline Court t�3 Eagle Road ts3 Hovley Gardens 2�3 Miriam Wa �a Alaska Street 6a Catalina Wa ��4 Easy Street tsa Hovley Lane W 2�4 Missouri Drive �5 Alessandro Drive 65 Centennial Circle 115 Eciectic Street tss Idaho Street 215 Mondavi Court ts Alpine Lane ss Chia Drive ��s Edgehill Drive tss Illinois Avenue 2�6 Monte Verde Drive ��Amaryllis Way s� Chicory Street �� Edinborough Street ts� Indian Canyon 2�� Montgomery Lane �s Amber Street ss Chinook Circle E 118 EI Camino 168 Indian Hills Way 2�8 Moon Lane �s Ambrosia Street s9 Chinook Circle W ��9 EI Cortez Way �s9 Indiana Avenue 2�9 Moonflower Court 2o An lewood Drive 7o Cholla Drive �2o Emerson Drive ��o lowa Street 22o Moss Rose Drive 2� Anita Circle 7� Christian Street �2� Enfield Lane �� Ironwood Street 22� Mountain View 22 Arboleda Avenue �z Clifford Street �22 Entrepreneur Lane ��2 Jameson Road 2z2 Mountain View Avenue 23 Arizona Street �3 Clifton Forge Street �23 Ephedra Lane ��s Jeri Lane 223 Myrsine Avenue 24 Arrow Trail �a Colebridge Street �2a Erin Street ��a Joni Drive 22a New Mexico Drive 25 Aster Drive �5 College Drive �25 Faber Circle ��5 Joshua Road 225 New York Avenue 2s Audrey Circle �s College View Circle E �2s Fairhaven Drive ��s Joshua Tree Street 22s Nolina Court v Avenida Arcada �� College View Circle W �2� Fairway Drive t��Julie Lane 22� North View Drive 2s Avenida Calafia �s Colorado Street �2s Falcon Lane ��s Juniper Street 22e Oasis Club Drive 29 Avenida Estrada 7s Columbine Circle �2s Feather Trail t�s Kansas Street 22s Ocotillo Drive 3o Avenida Rosario 8o Connecticut Street �3o Fiddleneck Lane �so Kelsey Circle 23o Ohio Court 3� Avenida Solana s� Coral Bells Circle �3t Flagstone Lane �e� Kelsey Court 23� Oklahoma Avenue 32 Baranda Court s2 Coral Gables Court �32 Florida Avenue �s2 Kentucky Avenue 232 Old Prospector Trail 33 Barbe Lane s3 Corporate Wa �33 Florine Avenue te3 Kin Fisher Circle 233 Olive Court 3a Beavertail Street aa Corte Placitas �34 Foxhill Court �sa Kings Canyon 23a Olympic Drive 35 Bel Air Road 85 Cortesia Way 135 Freedom Court �s5 Kokopelli Circle E 235 Opal Drive 3s Beverly Drive ss Covered Wagon Trail �3s Garand Lane �as Kokopelli Circle W 236 Orange Blossom 3� Birdie Wa e� Crestview Drive �3� Garden Square �e� Kru Avenue 23�Orchid Tree Court 3a Black Rabbit Road sa Daisy Lane �3s Gary Avenue tss Lantana Avenue 23s Oregon Circle 39 Blazin Star Lane 89 Davis Road 13s Gazania Place t89 Larkspur Lane 239 Paafic Avenue 4o Blueberry Lane 90 Day Lily Circle �ao Georgia Street t90 Larrea Street 24o Painters Path a� Borre o Drive s� De Anza Wa �a� Gloriana Drive ts� Las Palmas Avenue 241 Palm Desert Drive N 42 Brighton Street s2 Deep Canyon Road �a2 Golden Bush Court ts2 Latisha Lane 2a2 Palm Desert Drive S 43 Broken Arrow Trail 93 Deergrass Drive �a3 Golden Ea le �s3 Lavender Way 2a3 Palmilla Drive 44 Brushwood Drive 9a Del Coronado Drive �aa Goldenrod Lane 194 Lennon Place 2aa Panorama Drive a5 Buckboard Trail ss Delaware Place t45 Goldflower Street tss Leslie Avenue za5 Park Center Drive as Buena Circle ss Dempsey Drive �4s Goleta Avenue tss Little Ben Trail 24s Parkview Drive a7 Burroweed Lane s� Desert Holly Street �a7 Grand Canyon �9� Loma Vista Road 24� Parosella Street as Bursera Way ss Desert Lily Drive �as Grapevine Street tsa Lotus Court 24a Pepper Tree Drive as Buttonwood Drive ss Desert Mira e �as Greene Wa t9s Louisiana Street 2a9 Pep er rass Street so Cabana Court �oo Desert Rose Drive �5o Guadalupe Avenue 20o Lupine Lane 25o Periwinkle Court 2s� Perris Lane 30� San Pablo Avenue 35t Tampico Drive 252 Petunia E 302 San Pascuat Avenue 3s2 Technology Drive 253 Petunia W 303 San Rafael Avenue 353 Tennessee Avenue 25a Ph Ilis Jackson 3oa Sand Castle Lane 35a Terraza Drive 255 Pinyon Street 3os Sand Sage Court 355 Texas Avenue 2ss Pitahaya Street 3os Sandpiper Court 35s Theodora Lane 25� Plaza Way 30� Sandpiper Gourt W 35� Thrush Drive 25s Posada Court 3os Santa Anita Avenue 35s Timoth Circle 25s Prairie Drive sos Santa Margarita Avenue 35s Toro Peak Road 2so Prickly Pear Lane 3to Santa Rosa Way 3so Towne Center Way 26� Primrose Avenue 311 Santa Ynez Avenue 36� Tumbleweed Lane 2s2 Princes Plume Lane 3t2 Santolina Drive 3s2 Universit Drive 2ss Purslane Street 3�3 Sebastiani Wa 3ss Utah Circle 26a Quail Hollow Drive 3ta Setting Sun Trail 36a Valiey View Drive zs5 Quailbrush Avenue 3t5 Shadow Hiils Road 3ss Vanda Circle 2ss Ramona Avenue 3�s Shadow Lake Drive 3ss Velardo Drive 2s� Rancho Grande Drive 3�� Shadow Mountain Drive 3s� Velie Drive 268 Rancho Road 318 Shady View Drive 368 Ventana Court 2ss Raven Road 319 Shepherd Lane 3s9 Verba Santa Drive 2�o Rebecca Road 32o Sheryi Avenue 37o Verdin Lane 2�t Regenc Way 32� Sierra Vista Drive 3�� Via Fonda 2�2 Riata Trail 322 Siesta Trail 3�z Virginia Avenue 273 Robin Road 323 Silk Tree Lane 373 Vista Viejo 2�a Rockrose Court 32a Silktree Court 37a Warbier Way 2�5 Rose Sage Court 325 Silver Lane 3�5 Warin Court 2�s Royal Canyon Lane 32s Silver Moon Trail 3�s Warner Trail 2�� Royal Palm Drive 32� Silver Spur Trail 3n Water Lily Circle 2�s Rutledge Way 32s Skyward Way 3�8 White Drive 2�s R a Place 329 Somera Road 37s Whitestone Lane 2ao Sa e Lane 3so Sonata Court 38o Wildflower Lane 2s� Sagebrush Drive 33� Sonora Drive 38� Willington Road 2s2 Sa ewood Drive 332 Springfield Lane 382 Willow Street 2s3 Salt Cedar Street 333 Sp lass Lane 3s3 Wingfoot Drive 2sa San Anselmo Avenue s3a Stephanie Circle saa Wisconsin Avenue 285 San Antonio Circie 33s Stony Hill Court 3s5 Woodward Drive 2ss San Bonito Circle 336 Stony Hill Street 3as Wyoming Avenue 2s� San Carlos Avenue 33� Straw Flower Circie 3s�Yellow Sa e Drive 2sa San Clemente Circle 33e Sugarbush Court 38e York Street 2as San Gorgonio Way 339 Summit View Drive 3s9 Yucca Tree Drive 290 San Jacinto Avenue 3ao Sun Corral Trail zs� San Jose Avenue 3a� Sun Lane 2s2 San Juan Avenue 3a2 Sun Valley Lane 293 San Juan Drive 343 Sundown Lane 294 San Luis Rey Avenue 3a4 Sunrise Lane 2s5 San Marcos Avenue sas Sunset Lane zss San Marino Circle 3as Susan Circle 2s� San Marino Way 3a� Sussex Street 2ss San Mateo Avenue 3aa Sweetbush Lane zss San Nicholas Avenue 3as Tamarisk Row 30o San Onofre Avenue 35o Tamarisk Street PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to , hereinafter designated as "Principal", a contract for: RESIDENTIAL AND COMMERCIAL STREET SWEEPING SERVICES 2010 CONTRACT NO. C28821 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 the Owner, in the penal sum of Dollars ($ ), 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 Owner, 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 the 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 there under 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. 5 Should it become necessary for the Owner 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 6