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Home My WebLink AboutC22560 Street Sweeping ServicesREQUEST: SUBMITTED BY: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. 22560 for Residential/Commercial Street Sweeping Services Carlos Hernandez, Streets Maintenance Supervisor APPLICANT: CleanStreet 1937 W. 169th Street Gardena, CA 90247 DATE: May 13, 2004 Recommendation: By minute motion, award bid to CleanStreet for residential/commercial street sweeping services in the amount of $26.95 per curb mile, for a total amount of $3,767.61 per month. Discussion: On April 15, 2004, sealed bids for residential/commercial street sweeping services were opened with the following results: CleanStreet (Gardena, CA) $26.95 per curb mile IPS (San Bernardino, CA) $32.40 per curb mile Public Works staff has reviewed the bid proposals and recommends awarding the bid to the low bidder, CleanStreet, for the residential/commercial street sweeping services. Funds are available in the Fiscal Year 2004/05 budget, Account No. 110-4310-433-3320. Therefore, staff recommends that City Council award the subject contract to CleanStreet in the amount of $3,7671 per month. Sub :fed By: Fin Carlos Hernandez Streets Mai tenance Supervisor Appro,�- / A M for Dvpment Services City Manager Depa ment Head: Michael Errante, P.E. Director of Public Works Finance Director /sd GAPubWorks\Staff Reports120041May 131Award Bid to C1eanStreeLdot Contract No. C22560 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 13th day of May 2004, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and CLEANSTREET referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on March 25, 2004, the CITY invited bids for street sweeping 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, 2004, through June 30, 2005 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 Six and 95/100 Dollars ($26.95) per curb mile swept as set forth in the Contract Documents and adopted by the CITY. 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. (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, 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. (3) (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. Page 1 Contract No. C22560 (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 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. (7) The City Council may terminate the contract with 30 days written notice for any reason. INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and Conditions; General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), Addendum Nos. 1 & 2; 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. Page 2 Contract No. C22560 (10) AUDIT. CITY shall have the option of inspecting other written material used by CONTRACTOR CITY as a condition precedent to any payment to (11) NOTICE. All written notices to the parties hereto mail, postage prepaid by registered or certified addressed as follows: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 and/or auditing all records and in preparing its statements to CONTRACTOR. shall be sent by United States mail, return receipt requested, CLEANSTREET 1937 W. 169th Street Gardena, CA 90247-5254 (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 CONTRACTOR A Municipal Corporation CLEANSTREET ROBERT A. SPIEGEL, 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 JERE COSTELLO PRESIDENT/CEO APPROVED AS TO CONTENT: MIKE ERRANTE, P .E. PUBLIC WORKS DIRECTOR Page 3