11-063 Contract Street Sweeping Services, 2011 Contractual Street Sweeping Services, Project No. 2011-02RESOLUTION NO. 18-013
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING ADDITIONAL FUNDING FOR STREET SWEEPING
SERVICES WITH CONTRACT SWEEPING SERVICES INC. TO A TOTAL
OF $208,000 FOR FY 2017-2018
WHEREAS, in 2011 the City of Cupertino solicited competitive bidding for
contractors to provide street sweeping services throughout the City. Four bids were
received and Contract Sweeping Services Inc. ("Contractor") was considered to be the
lowest responsive bidder and was awarded the contract; and
WHEREAS, the City Council approved a 5-year contract with Contractor for
street sweeping services on June 6, 2011, in the amount of $137,097 including a $20,000
contingency to cover changes in sweeping routes and compounding increases to CPI,
for a total contract amount of $685,485 for five years; and
WHEREAS, the contract provided the option to extend for five additional years
and based on Contractor's satisfactory performance the contract was extended from
July 1, 2016 through July 1, 2021; and
WHEREAS, the general terms of the contract remain the same, but additional
services are required and the contract budget must be increased to conform to
compounding increases in CPI; and
WHEREAS, an annual appropriation of $208,000, which is equivalent to
$520,000 in total is needed for the remaining two and one half years of the extended
term of the contract; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby adopts this resolution and approves the following actions:
1. An increase of the authorized amount for the 2011 Contract Sweeping Service,
Project No. 2011-02, to Contract Sweeping Services, Inc. by $70,903, which includes
a contingency of $10,000 annually to cover extra sweeping as may be required, for
an annual total of $208,000 for the remainder of the extended contract term; and
2. Approves budget adjustments in the amount of $42,542 in the Resource Recovery
Environmental Programs account number 520-81-801 700-702 and $28,361 in the
Resolution No. 18-013
Page 2
Environmental Management Clean Creek Storm Drain Non-Point Source account
number 230-81-802 700-702.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Cupertino the 20th day of February 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
L::> --z-r-
Grace Schmidt, City Clerk
PUBLIC WORKS DEPARTMENT
Timm B orden , Director
CIT Y HA LL
CUPERTINO
·1 0300 TORRE AV ENUE -CUPERTINO, CA 95014 -3266
(408) 777-3354 -FAX (408) 777-3333
Mr. Joe Vel la
Contr.;1cl Street Sweeping Services, Jnc .
760 E. Capital A v enu e
Milp itas, CA 95035-68] 2
April 25, 20 ] 6
Subj~~ct: 201 1 Co ntrndua J Street Sweeping Services Con tract -Five Year 1~:xtension
Dem· Mr. Vella
·1n 2011 lhe C ity uf C u p er tino soli cited cornpditive biddin g for coi1t ractors to prov id t~
s tr eet sweeping services th roughou t the City . Four bids w1:?re rece ived and Contrc1ct
Street Sweeping was considered to b e th e low es t respon sive bidder. At the C ity Counci l
meeting o f Ju n e 7, 20) l , th e co n t-me t v,1n s au thori zed for cnvard and Contra ct Stre et
Sweepi ng be gcin providing s ervice to the City on July 1, 201.J. T he term of t·his
agreement i,,vas five~ yea rs w ith the op ti on to extend for an additio nal five yE.ars.
Due to th e goo d performnnce o f Contract Street Sweep ing in providing street swee ping
services to the Cil'y, the City desires to ex ercise the option to extend the agreernenl
thrnugh June 202]. Please refer lo parngra ph 3.1 Contract Time o f the agrE:enwnt . This
exte ns ion will be subject to the snm e prov is ion s c1s the originc1J ag re r·mcn t, including an
increr1se or decrease in compensation pai d to Co ntract Street Svveeping.
JJy .signing and returning thi s original document, Contract Street S.veeping is agreeing
to this five year extension pe r th e original terms of th e 2011 Contractual Str eet
Sweeping Contract (Project No. 2Q11 .. Q2).
Thank you for your service.
<.:.:>"'-..-:::2 ......,......--·-·
/--) ,---::5 .,.,,, ,.-' C,r<"°
1 imm Bord en
Director of Publ ic Work s
Contract S/'t1:e-,,
1
~)t Sweeping, In c. {/u~ ·--·------
Sign< ure
_Joe_ \)<. \l ~~---1?.l'e.s :c.e.a._t,.>~~-
Prinl Nr1me / T it le
q .21 -.. \~~ ---Date
CUPERTINO
Mr. Joe Vella
PUBLIC WORKS DEPARTMENT
Tlnini Borden, Director
CITY HAl.L
'10300 TORRE AVENUE·· CUPERTINO, CA H50'14-3266
(408) 1n:m4 ·-FAX (408) T17·3:1~i3
Contracl Street Sweeping Services, Inc.
760 E. Capital A venue
Mil pitas, CA 95035-6812
April 2!3, 20'16
Subj~~ct: 2011 Contractual Street Sweeping Services Contract·· Five Year Extensi.011
Dear lvtr. Vella
In 2011 the Cily of Cupertino ~;olicitcd cornpditivc bidding for contractors to provide
street s·weeping services throughout the City. Four bicb Wl~n~ r~~ceived and Contract
Street Svvet:ping was considered to be the lovvest n~sponsive bidder. At the City Council
meeting of June 7, 2011, the contract 1vas authorized for a-ward and Contract Street
S·wccping beg;yn providing service to the City on July 1, 20TL 'The term of this
agreernent was five years with the option to extend for an additional five years.
Due lo the good performance of Contract Street Sw0!cping in providing street sweeping
services to tht2 Cil:y, the City desires to exercise the option to extend the agreement
through June 2021. Please refer to paragraph 3.1 Contract Ti1ne of the agreement. Tl1is
extension will be subject to the: sa1r1e provisions as the original agreement, including an.
increase or decrease in cornp<msi:ltion p2id to Contract Street S-vveeping.
By signing and returning this original document, Contrnct Strc~et Svv(~Ecping is agreeing
to this five year extension per the original tenns of the 2011 Contracl:u<il Stn?et
Sweeping Contract (Project No. 2011~02).
Thank you for your service.
Borden
Director of Public Works
Date
Project No. 2011. -02
DOCUMENT 00520 c7
41 6 CONTRACT
3___0,_THIS CONTRACT, dated this i3 day o-- , 2011 , by and between Contract Sweeping Services.
Inc. [Name of Contractor] whose place of business is located at _760 E. Capitol Avenue. Milpitas, CA 95035
Address of Contractor] ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of
California ( "City") acting under and by virtue of the authority vested in the City by the laws of the State of
California.
WHEREAS, City, on the 7 iN day of 3 V NE 2011 awarded to Contractor the following
Project:
PROJECT NUMBER 2011 -02
2011 CONTRACTUAL STREET SWEEPING SERVICES
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City
agree as follows:
ARTICLE 1,. WORK
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the
Specifications and all other terms and conditions of the Contract Documents.
ARTICLE 2. AGENCY AND NOTICES TO CITY
2.1 City has designated Roger Lee, Assistant Director of Public Works to act as City's Authorized
Representative(s), who will represent City in performing City's duties and responsibilities and exercising
City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's
Authorized Representative(s), or delegate one or more specific functions to one or more specific City's
Representatives, including without limitation engineering, architectural, inspection and general administrative
functions, at any time with notice and without liability to Contractor. Each City's Representative is the
beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities.
2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative
at:
10555 Mary Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
ARTICLE 3. CONTRACT TIME AND LIQUIDATED DAMAGES
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work
at the Site prior to the date on which the Contract Time commences to run.
With satisfactory performance by the contractor, the term of this agreement shall be five (5) years from the
start date of the agreement. The City shall retain the option to extend the term of the agreement for an
additional five (5) years, for a possible total of ten years. Contractor performance will be documented
weekly by the Street / Fleet Supervisor, with deficiencies communicated to the contractor. An annual
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
review of contractor performance will be completed by March 31 of each year. Satisfactory performance
will be achieved if annual liquidated damages are less than $5,000, annual callbacks are less than $1,000
and annual weekly sweeper log statement assessments are less than $200.
Any such renewal after the first five years shall be accomplished by the City providing a written notice of
renewal to the Contractor at least 180 days prior to expiration of the term. Any such renewal shall contain
the same provisions as the original agreement, including an increase or decrease in compensation paid to
the Contractor. Any increase or decrease in the previous contract price shall be based on the annual
percentage change in the Consumer Price Index (CPI) as of June of the year the adjustment is being made.
The CPI shall be the San Francisco /Oakland /San Jose Consumer Price Index for all urban wage earners.
There will be no CPI adjustment during the first one -year term of the agreement.
At the end of the initial twelve months of the contract period, and each anniversary thereafter for the
duration of the contract, the unit prices on the Schedule of Bid Prices will be increased or decreased in
direct proportion to the increase or decrease in the Consumer Price Index (CPI). The most recent CPI for
June San Francisco /Oakland/San Jose area for all urban wage earners shall be used.
The City shall have the authority to suspend this agreement, wholly or in part, for such period as deems
necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any
provisions of this agreement.
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial
loss in the form of contract administration expenses (such as project management and consultant expenses),
if all or any part of the Work is not completed within the times specified above, plus any extensions thereof
allowed in accordance with the Contract Documents. Consistent with Document 00700 (General
Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or
extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion
of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay
Contractor shall pay City:
3.2.1 1000 for each and every day that services are not completed on time and/or streets are omitted.
Omitted streets must be swept by the following day.
3.2.2 In case of breakdown by main sweeper, immediate service with one hour by a second sweeper is
required to complete the daily schedule. If down for more than one hour, liquidated damages will
be assessed at the rate of One Hundred Dollars ($100.00) per hour for each hour above and beyond
one hour.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Game, and other State and Federal
agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and
endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and
endangered species protection requirements.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss
of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute
facilities, or damages suffered by others who then seek to recover their damages from City (for example,
delay claims of other contractors, subcontractors, tenants, or other third - parties), and defense costs thereof.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No, 2011 -02
ARTICLE 4. CONTRACT SUM
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract
Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached
ARTICLE 5. CONTRACTOR'S REPRESENTATIONS
In order to induce City to enter into this Contract, Contractor makes the following representations and
warranties:
5.1 Contractor has toured the City streets and has examined thoroughly and understood the nature and extent of
the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local
conditions, and federal, state and local laws and rc gulations that in any manner may affect cost, progress,
performance or furnishing of Work or which relate to any aspect of the means, methods, techniques,
sequences or procedures of sweeping to be employed by Contractor and safety precautions and programs
incident thereto.
5.2 Contractor has conducted or obtained and has understood all such examinations, investigations,
explorations, tests, reports and studies and all other physical conditions at or contiguous to the Site or
otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers
necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically the
provisions of Document 00700 (General Conditions); and no additional examinations, investigations,
explorations, tests, reports, studies or similar infor nation or data are or will be required by Contractor for
such purposes.
5.3 Contractor has correlated its knowledge and the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
5.4 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it
has discovered in or among the Contract Documents and actual conditions and the written resolution thereof
through Addenda issued by City is acceptable to Contractor.
5.5 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified
to conduct business in the State of California.
5.6 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a
default under any instrument, contract, order or decree binding on Contractor.
5.7 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public
Contracting Code §§4100 et seq. in document 00340 (Subcontractors List)
ARTICLE 6. CONTRACT DOCUMENTS
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00455 Insurance
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
Document 00460 Schedule of Major Equipment and Materials Suppliers
Document 00481 Non - Collusion Affidavit
Document 00482 Bidder Certifications
Document 00505 Notice of Intent to Award
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Performance Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specification
Addenda(s)
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document
00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information
supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified
or supplemented as provided in Document 00700 (General Conditions).
ARTICLE 7. MISCELLANEOUS
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the
meaning indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City
or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all
rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and become
effective at the time City tenders final payment to Contractor, without further acknowledgment by the
parties.
7.6 Should any part, term or provision of this Contract or any of the Contract Documents, or any document
required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all
remaining parts, terms and provisions shall remain in full force and effect and shall in no way be
invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011 -02
unenforceability may be waived, they are hereby vvaived to the end that this Contract and the Contract
Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the
greatest extent permitted by applicable law. In the event any provision not otherwise included in the
Contract Documents is required to be included by any applicable law, that provision is deemed included
herein by this reference(or, if such provision is re.quired to be included in any particular portion of the
Contract Documents, that provision is deemed included in that portion).
7.7 This Contract and the Contract Documents shall be deemed to have been entered into in the County of
Santa Clara, State of California, and governed in all respects by California law (excluding choice of law
rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both
parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to
transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor
accepts the Claims Procedure in Document 00700, Article 12, established under the California Government
Code, Title 1, Division 3.6, Part 3, Chapter 5.
7.8 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State
and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition,
the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management
and Budget Circular A -87. The Contractor agrees that a reference to either Office of Management and
Budget (OMB) Circular A -87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is
applicable, and the Code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts
entered into as a result of this contract.
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above
written.
City of Cupertino
2011 Contractual
Street Sweeping Services
Project No. 2011. -02
2011 CONTRACTUAL STRE'E'T SWEEPING SERVICES
p 5112 --3
CITY:CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of Contract Sweeping, Services. Inc. ]I / 4 7 9
the State of California
By:4 i ` .
gnature]
Attest:
i
Please print name here]
City Clerk: Kimberly i'
Approved as to form by City Attorney:Title: NJ- a-CA-AIT
If Corporation: Chairman , President, or Vice President]
City Attorney:By:
Signature]
I hereby certify, under penalty of perjury, that David W.Please print name here]
Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City Title:
of Cupertino by a majority vote of the City Council on:If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated: G • 3l] 1
SLei ( - 1 -)
State Contractor's License No.Classification
David W. Knapp, City Manager of the City of Cupertino, a Expiration Date
Municipal Corporation of the State of California
Designated Representative:Taxpayer ID No. AD
CL
Name: Roger S. Lee Name:A I C
n ,
Title: Assistant Director of Public Works Title: UC 1/d 2{ 1!
Address: 10555 Mary Ave., Cupertino, CA 95014 Address: 9L 1 A1J
Phone: 408- 777 -3269 Phone: tO
1
Facsimile: 408- 777 -3399 Facsimile:R 2, 0
NOTARY ACKNOWLEDGEMENT IS
AMOUNT: $REQUIRED.IF A CORPORATION,
ACCOUNT NUMBERS:CORPORATE SEAL AND CORPORATE
FILE NO.:NOTARY ACKNOWLEDGEMENT AND
FEDERAL TAX ID ARE REQUIRED. IF NOT A
City of Cupertino r17/ 2011 Contractual
Street Sweeping Services
Project No. 2011 -02
CORPORATION SOCIAL SECURITY NO. IS
REQUIRED
END OF DOCUMENT
City of Cupertino
2011 Contractual
Street Sweeping Services
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
crime cue Cccc c cis i. -a -
State of California
County of S Pr C lAta fk
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personally appeared rYlo+ W\ - V 11 or
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who proved to me on the basis of satisfactory evidence to
be the person() whose name() is /aye subscribed to the
within instrument and acknowledged to me that
We /she /they executed the same in Nis/her/06r authorized
capacity(Ft s), and that by Its /her /tfleir signature(g) on the
instrument the person(), or the entity upon behalf of
which the person() acted, executed the instrument.
MARICRUZ MIRAN 1 cerlify under PENALTY OF PERJURY under the laws
Commission 1 1721 of the State of California that the foregoing paragraph isNotaryPublic • California
c‘ • "R J Santo Cora County true and correct.
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WITNESS my hand and official seal.
Signature •
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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PUBLIC WORKS DEPARTMENT
CITY HALL
T 9 , ,10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CUPERTINO
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
2011 Contractual Street Sweeping Services.
Recommended Action
Review bids and award contract for Street Sweeping Services, Project No. 2011 -02 to Contract
Sweeping Services, Inc. in the amount of $117,097.68, and approve a contingency of $20,000 to
cover extra sweeping that may be required on the commercial route, for a total of $137,097.68.
Discussion
This project is for annual Street Sweeping Services and is funded in the Resource Recovery and
the Non Point Source budgets. The project consists of the Contractor sweeping City commercial
and residential streets throughout the year. Residential and commercial streets are swept two
times per month and Foothill Boulevard will be swept three times a week. Staff is in discussion
with Stevens Creek Quarry, Inc. and LeHigh Cement, Inc. for a cost sharing agreement for the
sweeping of Foothill Boulevard. The term of the agreement is five years with satisfactory
performance, starting on July 1, 2011 and can be extended for an additional five years, for a total
of ten years. Upon one year of satisfactory performance the contract price will be increased or
decreased based on the consumer price index (CPI) for all union wage earners on the anniversary
date of the agreement.
The following is a summary of the bids received for the project:
BIDDER BASE BID
Budget Estimate 200,000.00
Broom Service Inc.197,113.92
Universal Building Services 179,904.00
Clean Sweep 143,724.00
Contract Sweeping Services 117,097.68
The low bidder is Contract Sweeping Services, In z. for the amount of $117,097.68.
As part of this bid there are items for Emergency and Scheduled Extra Work as needed on an
hourly rate basis or on a curb mile rate basis. When necessary this work would be billed in
addition to the monthly miles swept.
Contract Sweeping Services, Inc. bid on this project in the past. Our current sweeping contract is
Don and Mike's Commercial Sweeping, Inc. Don and Mike's Commercial Sweeping, Inc.
contract price is $144,084, plus $18,000 for potential extra sweeping.
Fiscal Impact
This action would require expenditure from the approved Resource Recovery Budget Account
No. 520- 8003 -7106 in the amount of $57,097.68 and from the Non Point Source Budget Account
No. 230 - 8004 -7014 in the amount of $60,000.00, and additional expenditures thereafter from the
Resource Recovery Account up to an additional $20,000, if emergency or additional sweeping is
required.
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments: None