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Home My WebLink AboutC22561 Residential and Commercial Street Sweeping ServicesREQUEST: SUBMITTED BY: CONTRACTOR: DATE: ATTACHMENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Extension of Contract C22561 for Residential and Commercial Street Sweeping Services Carlos Hernandez, Maintenance Services Manager CleanStreet 1937 W. 169th Street Gardena, CA 90247 June 8, 2006 Contract Specifications C22562 Agreement C22562 Memo from CleanStreet By minute motion, approve a one-year extension of contract C22561 with CleanStreet of Gardena, California for residential and commercial street sweeping services at the rate of $27.97 per curb mile and authorize the Mayor to execute the agreement. Discussion: CleanStreet has been providing the services for the citywide residential and commercial street sweeping contract. Their service is satisfactory and any issues are quickly resolved. Rick Anderson, CleanStreet Business Development Manager, has worked closely with our staff to ensure that we obtain the highest level of service. The City's current contract with CleanStreet contains a provision for optional extension of the contract by mutual agreement. CleanStreet has agreed to continue the sweeping services for last year's rate of $27.97 per curb mile, for fiscal year 06-07. Presently, there are 222 curb miles swept biweekly; the total yearly contract will be $161,442.84. Funds are available in the 2006-07 fiscal year budget, account 110-4310-433-3320. Extend Contract Clean Street Page 2 of 2 June 8, 2006 Therefore, staff recommends that City Council approve a one-year extension of contract C22561 with CleanStreet to provide street sweeping services for Fiscal Year 2006- 2007, and authorize the Mayor to execute the new agreement contract number C22562. Submitted By: rios H i nandez ainte : nce Services Manager Appro CM for Dev Homer Croy City Manager Carlos L. Ort . a /rh/dhl ent Services Departm-nt e. d: Mark Green •od, P.E. Director of Public Works Finance Director Paul Gibson CITY COUNCILiACTION: APPROVED ✓✓ DENIED RECEIVED OTHER MEETING DATE 0 - -() Sgg1p7 P ABSENT: Aamc% AEI �l�dYl %, �J ABSTAIN:jL VERIFIED BY: J W /01c7 Original on File with/City Clerk's Office G:1PubWorks\Staff Reports120061June 813 Extend contract CleanStreet1Extend contract Clean Street.docG:\PubWorks1StaffReporis12006Uune 813 Extend contract C1eanStreetlExtend contract CleanStreet.doc AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 8th day of June, 2006, 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 May 9, 2005 the CITY requested an extension to contract C22561 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, 2006, through June 30, 2007 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 -Seven and 97/100 dollars ($27.97) per curb mile swept 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. (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. (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 13 (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. 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; Bid Submission Form(s), Addendum Nos.1; 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 14 (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 CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 CleanStreet 1937 W. 169th Street Gardena, CA 90247 (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 JIM FERGUSON, 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 CONTRACTOR CleanStreet 0 Signature to be notarized Printed name / Title APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. PUBLIC WORKS DIRECTOR Page 15 CONTRACT C22562 PALM DESERT STREET SWEEPING CURB MILE SUMMARY FOR 2006 Section 1 South 17.0 Section 2 South 21.3 Section 3 South 18.3 Section 4 South 21.1 Section 5 North 9.9 Section 6 North 13.4 Section 7 North 14.4 Section 8 North 6.7 122.10 Area 1 7.2 Area 2 9.0 Area 3 7.9 Area 4 2.5 Area 5 24.4 Area 6 1.9 Other Streets 47.0 99.9 Total Curb Miles 222.0 Page 16 STREET SWEEPING LIST - RESIDENTIAL STREETS Section I South 17.0 Curb Miles Larrea Street — E of Portola Garden Square Candlewood Street Chicory Street Fairway Drive — E of Portola Wingfoot Drive Borrego Drive Del Coronado Drive Toro Peak Road Pepper Tree Drive Yucca Tree Drive Monte Verde Drive Deep Canyon Road — S of Hwy. 111 Driftwood Drive Sagebrush Drive Shadow Hills Road Peppergrass Street Parosella Street Abronia Trail Panorama Drive El Camino Sunset Lane Sunrise Lane Quailbrush Avenue Lantana Avenue (2 sections) Blackrabbit Road Old Prospector Trail Covered Wagon Trail Setting Sun Trail Foxhill Court Canterbury Court Coral Gables Court cm 17.0 Shadow Mountain — E of Portola Page 17 STREET SWEEPING LIST - RESIDENTIAL STREETS Section 2 South 21.3 Curb Miles Plaza Way Larrea Street — W of Portola Prickly Pear Lane San Luis Rey Ave. — S of Hwy. 111 Shadow Mountain Dr. Larkspur Ln. San Pablo Ave. — S of Hwy. 111 Lupine Ln. Tumbleweed Ln. Sage Ln. Ocotillo Dr. Verba Santa Drive Ephedra Ln. Joshua Tree St. Fiddleneck Ln. Burroweed Ln. Juniper St. Pinyon St. Ironwood St. cm 16.4 Goldenrod Ln. Shadow Lake Dr. Mountain View Ave. Fairway PI. Flagstone Ln. Whitestone Ln. Ryway PI. cm. 2.2 Desert Lily Dr. cm 2.7 74 Frontage Rd. (E) N of Grapevine Page 18 STREET SWEEPING LIST - RESIDENTIAL STREETS Section 3 South 18.3 Curb Miles Painter Path Edgehill Dr. Hedgehog St. Beavertail St. Pitahaya St. Green Way Shadow Mountain Dr. Verba Santa Dr. cm 5.1 74 Frontage Rd.- West 74 Frontage Road — (E) S of Grapevine Willow St. Edgehill Dr. Thrush Dr. Raven Rd. Eagle Rd. cm 2.1 Bursera Way Tamarisk St. Anglewood Dr. Desert Lily Dr. — S of Grapevine Salt Cedar St. Goldflower St. cm 5.2 Purslane St. Heliotrope Rd. Desert Holly St. Blazing Star Ln. Golden Bush Ct. Rose Sage Ct. Sand Sage Ct. Desert Rose Dr. Calliandra St. Calico Cactus Ln. Amber St. Prince's Plume Ln. Deergrass Dr. Alamo Dr. Sweetbush Ln. Ambrosia St. cm 5.9 Lotus Ct. Page 19 STREET SWEEPING LIST - RESIDENTIAL STREETS Section 4 South 21. 1 Curb Miles Cahuilla Way Indian Hills Way Vista Viejo Summit View Dr. Valley View Dr. Spyglass Ln. Olympic Dr. North View Dr. Quail Hollow Dr. cm 2.6 Shady View Dr. Alamo Rd. Belair Rd. Barberry Ln. Loma Vista Rd. Chia Dr. Skyward Way Somera Rd. Homestead Rd. Ocotillo Dr. cm 6.7 Desert View Dr. Beverly Dr. Davis Rd. Prairie Dr. White Dr. Anita Circle Alan Circle Theodora Ln. Opal Dr. Sundown Ln. Crestview Dr. Sun Vallely Ln. cm 3.1 74 Frontage Rd. — N of Haystack Moon Ln. Siesta Tr. Sun Ln. Silver Moon Tr. Silver Ln. Sun Corral Tr. Silver Spur Tr. Little Bend Tr. Buckboard Tr. Broken Arrow Tr. Arrow Tr. Riata Tr. Feather Tr. cm 8.7 Birdie Way Page 20 STREET SWEEPING LIST - RESIDENTIAL STREETS Section 5 North 9.9 Curb Miles San Anselmo Ave. Santa Rosa Way — W of San Pablo San Nicholas Ave. Catalina Way — W of San Pablo cm 4.2 Guadalupe Ave. Royal Palm Dr. San Mateo Ave. Las Palmas Ave. San Gorgonio Way — W of San Pablo San Benito Cir. San Clemente Cir. San Antonio Cir. cm 3.7 San Marcos Ave. Lavender Way Amarylus Way Moss Rose Drive Straw Flower Circle Water Lily Circle Columbine Circle Coral Bells Circle cm 2.0 Day Lily Circle Page 21 STREET SWEEPING LIST - RESIDENTIAL STREETS Section 6 North 13.4 Curb Miles Alessandro Dr. San Carlos Ave. De Anza Way San Pasqual Ave. San Juan Ave. San Luis Rey Ave. San Jose Ave. San Jacinto Ave. San Rafael Ave. San Gorgonio Way — E of San Pablo Catalina Way Montgomery Lane Hermosa Lane Santa Rosa Way cm 8.3 Olive Court Rancho Rd. Carmel Circle Buena Circle Krug Ave. Stoney Hill St. Mason Street Rutledge Way — W of Portola Sebastiani Way Stoney Hill Ct. Callaway Court Mondavi Court Heitz Court cm 3.9 Martini Court Kelsey Court Wildflower Ln. Blueberry Ln. Orange Blossom Rockrose Court Kelsey Circle cm 1.2 Yellow Sage Dr. Page 22 STREET SWEEPING LIST - RESIDENTIAL STREETS Section 7 North 14.4 Curb Miles Alessandro Dr.- E of Portola San Marino Cir. San Marino Way De Anza Way — E of Portola Cabrillo Ave. Santa Anita Ave. Santa Ynez Ave. Ramona Ave. San Onofre Ave. Santa Margarita Ave. El Cortez Way cm 5.7 Goleta Ave. Desert Star Blvd. Aster Dr. Marigold Dr. Valardo Dr. Erin St. Florine Ave. Myrsine Ave. Primrose Ave. Vanda Cir. Palmilla Dr. Gazania Place Rutledge Ave. — E of Portola Santolina Dr. Buttonwood Dr. Silktree Royal Canyon Ln. Waring Court Grand Canyon Hazel Canyon Indian Canyon cm 8.7 Kings Canyon Page 23 STREET SWEEPING LIST - RESIDENTIAL STREETS Section 8 North 6.7 Curb Miles Acacia Drive Sonora Drive Rancho Grande Drive Tampico Drive Siena vista Dr. cm 2.7 Fair Haven Joshua Road Cholla Dr. Cactus Dr. Brushwood Dr. cm 0.9 Manzanita Dr. San Juan Dr. Mimosa Dr. Fairhaven Dr. Arboleda Ave. Adonis Dr. Gloriana Dr. Acacia Dr. cm 3.1 Parkview from Montery to Hwy 111 Page 24 STREET SWEEPING LIST "A" 99.9 curb miles AREA 1 (7.2 cm) cm 2.8 Drexell Dr., Woodward Dr., Hollister Dr., Heatherwood Dr., Jameson Rd., Colebridge St., Emmerson Dr., Willington Rd., Driscoll St. cm 2.5 Shepherd Lane (Frank Sinatra to end), Daisy Ln., Alpine Ln., College View Circle East and West, Kokopelli Cir., Chinook Cir., Petunia East and West. cm 1.0 Shepherd Lane (Portola to Academy), Jeri Ln., Academy Ln. West cm 0.9 Shepherd Lane (Gerald Ford to Windflower), Scholar Ln., Windflower Ct. AREA 2 (9.0 cm) cm 1.8 Sagewood Dr., Periwinkle Ct., Moonflower Ct., Sugarbush Ct., Orchard Tree Ct., Nolena Ct., Silk Tree Ct. cm 7.2 Hovley Lane West, Sonata, Sandpiper, Sandpiper West, Arcadia, Rosario, Solana, Centennial, Estrada, Califia, Hovley Court, Glenwood, Meadow, Clover, Via Fonda, Terraza, Rosada, Ventana, Barranda, Cabana, Diamondback AREA 3 (7.9 cm) cm 4.8 Merle Dr. and Sheryl Ave., Melanie PI., Caroline Ct., Audrey Cir., Clifford St., Rebecca Rd., Leslie Ave., Stephanie Cir., Susan Cir., Claudia St., Gary Ave., Timothy Cir., Christian St. cm 1.1 Joni Dr., Velie Dr. cm 2.0 Corporate Way, Lennon PI., Eclectic St., 42nd Ave. AREA 4 (2.5 CM) cm 0.6 Hemingway Ct. Dempsey Dr., Maryn Ct., Freedom Ct. cm 1.4 Carlotta Dr., East St., Dolmar Ct., Dural Ct. cm 0.5 Sandcastle Ln. AREA 5 (24.4 CM) cm 24.4 Florida Ave., Alaska St., Ohio Ct., Illinois Ave., Indiana Ave., Louisiana St., Wyoming Ave., Texas Ave., Robin Rd., Mountain View, Delaware PI., Latisha Ln., Missouri Dr., York St., Edenborough St., Cardiff St., Brighton St., Hastings St., Devonshire St., Sussex St., Dudley Dr., Virginia Ave., Clifton Forge St., Faber Cir., Alabama St., Hawaii Cir., New York Ave., Connecticut St., Wisconsin Ave., Idaho St., Missouri Dr., Warner Trail, Minnesota Ave., Iowa St., Kansas St., Tennessee Ave., Utah Cir., Oklahoma Ave., Georgia St., Kentucky Ave., Oregon Cir. Page 25 AREA 6 (1.9 cm) cm 1.4 Park Center Dr., Springfield Ln., Garand Ln., Enfield Ln., Entrepreneur Ln. cm 0.5 Harris Ln. Other Street Locations (47.0 cm) cm 0.4 Miriam Way cm 0.4 Desert Mirage cm 2.8 Tamarisk Row, Regency Way cm 0.5 Phyllis Jackson cm 1.4 Town Center Way (including medians) cm 2.9 Palm Desert Drive North cm 2.7 Palm Desert Drive South cm 2.3 Desert Willow Drive cm 0.6 Market Place cm 2.5 Oasis Club Drive (Hovley Lane to Country Club) cm 2.5 Hovley Lane West cm 4.0 California Avenue cm 1.3 San Pablo Avenue (Fred Waring to Magnesia Falls) cm 1.0 Deep Canyon Road ( Fred Waring to Magnesia Falls) cm 4.6 Magnesia Falls Drive cm 1.7 Painters Path cm 1.6 Parkview Drive cm 2.4 Grapevine street cm 3.8 Shadow mountain Drive cm 4.0 Haystack Road cm 2.4 Mesa View Drive cm 1.2 Alamo Drive Page 26 May 15, 2006 Mr. Carlos Hernandez Public Works Department CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Carlos, We are requesting that our street sweeping contract with the City of Palm Desert be extended. All terms and conditions will remain the same. We appreciate your business very much and look forward to continuing our excellent working relationship for years to come. If you have any questions or comments please feel free to either contact me on my cell at (310) 740-1601 or at the office at (800) 225-7316. Thank you. Sincerely, CLEANSTREET t Rick Anderson Director of Business Development RA: seg 1937 West 169d' Street, Gardena, California 90247 C1eanStreet.com E-mail: rnderson@cleanstreet.com (800)225-7316 Fax: (310) 538-8015 l d 09061ON 30NVN31Nidh 133M V1Nd0311d0 hd90-ti 90OZ '91'Aeh CITY OF PALM DESERT RIVERSIDE COUNTY CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONTRACT NO. C22562 RESIDENTIAL / COMMERCIAL STREET SWEEPING SERVICES Prepared under the supervision of: MARK GRENWOOD, P .E. DIRECTOR OF PUBLIC WORKS 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 GAPubWorks\Staff Reports\2006\June 8\3 Extend contract CleanStreet\CleanStreet Contract C22562.doc TABLE OF CONTENTS RESENDENTIAL - COMMERCIAL STREET SWEEPING SERVICES CONTRACT NO. C22562 CONTRACT DOCUMENTS PAGE GENERAL TERMS AND CONDITIONS...............................................................3 SPECIFIC TERMS AND CONDITIONS..............................................................10 AGREEMENT.....................................................................................................13 ATTACHMENTS CURB MILE SUMMARY FOR 2006.........................................................16 STREET SWEEPING LIST.................................................................................17 G:\PubWorks\Staff Reports\2006\June 8\3 Extend contract CleanStreet\CleanStreet Contract C22562.doc 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. City will obtain verification that the bidder has a valid City of Palm Desert Business Tax Receipt 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 declare it to be the lowest responsible bidder. WORKER'S COMPENSATION COVERAGE The Contractor shall procure and maintain, during the life of the contract, workers compensation insurance for all his or her employees engaged on or at the site of the project; and in case any of the work is sublet, the Contractor shall require all sub- contractors to similarly provide worker's compensation insurance by protection afforded by, worker's compensation insurance carried by the Contractor. SAFETY PROGRAM Upon request by the City, the Contractor shall furnish the City with a copy of their California OSHA required Injury and Illness Prevention Plan, or written description of their exemption. Page 3 CALIFORNIA OSHA The Contractor is fully responsible for ensuring that all work performed under this contract is in compliance with the California OSHA standards and regulations. Any delays in project completion, fines, legal fees, consulting costs or other losses stemming from California OSHA actions against the contractor for work performed under this agreement are the sole responsibility of the Contactor. CONTROLLING EMPLOYER The Contractor shall acknowledge that for the purposes of maintaining compliance with all California OSHA regulations and Standards they are the "controlling employer: for all their work sites. INSURANCE - HOLD HARMLESS Workers' Compensation/EmDlover Liabilitv Insurance: The Contractor shall procure and maintain, at its sole expense, Worker's Compensation statutory benefits as required by the State of California. Employer's Liability insurance limits shall not be less than Two Million Dollars ($2,000,000.00) per accident for bodily injury or disease. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City, it's officers, volunteers, employees and agents. Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor, the OWNER, and the Engineer against any loss, claim, or damage rising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the agreement herein. Liabilitv Insurance: During the entire term of this agreement Contractor agrees to procure and maintain public liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of the OWNER or Contractor, or its subcontractors, or any person acting for the OWNER or Contractor, or its subcontractors, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the OWNER against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: Bodily Injury $ 500,000 each person $1,000,000 each occurrence $2,000,000 aggregate products & complete operations Page 4 Property Damage $ 200,000 each occurrence $ 500,000 aggregate A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. The Contractor and its subcontractors shall carry automobile insurance, with limits of liability equal to those required for public liability insurance All of such insurance shall be primary insurance and shall name the City of Palm Desert, its officers, agents and employees as an additional insured by in endorsement to the policy. Contractor agrees that provisions of this Section as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to persons or property resulting from the Contractor's activities, the activities of its Contractor or the activities of any person or persons for which Contractor is otherwise responsible. Commercial General Liability/Umbrella Insurance: Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88. The total limit shall be no less than; Two Million Dollars ($2,000,000) general aggregate. The "City, its officers, employees, volunteers and agents" are to be covered as additionally insured using ISO additional insured endorsement form CG 20 10 11 85 or its equivalent as approved by the City's Risk Manager. Coverage shall apply on a non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City, or any officer, volunteer, agent or employee of the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Any deductibles or self - insured retentions must be declared to the City and approved by the Risk Manager prior to the commencement of work. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to the policy limits. There will be no cross liability exclusion. Policies shall have concurrent starting and ending. Business Automobile Insurance: Primary insurance shall be written on ISO Business Auto Coverage form CA 00010692 including symbol 1 (ANY AUTO). Limits shall be no less than $1 million per accident. Starting and ending date shall be concurrent. The Contractor and City further agree as follows: Contractor agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability and umbrella liability policies (if any) using ISO form CG 20101185. Certificate(s) are to reflect that the insurer will provide 30 days notice of any Page 5 cancellation of coverage. Contractor agrees to require its insurer will provide 30 days notice of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City upon request. 2. This Section supercedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 3. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 4. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 5. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss Contractor hereby waives all rights of subrogation against City. 6. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and Contractor will promptly reimburse any premium paid by the City. 7. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages. 8. Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy the City or any additional insured, in this or any other regard. 9. Contractor agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insured all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. Contractor agrees that all agreements with subcontractors or others with whom Contractor contracts with on behalf of City, will be submitted to City for review. Failure of City to request copies of such agreement will not impose any liability on City or its employees. Page 6 10. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability of by such notice, but has the right, but not the duty, to monitor the handling of any such claim or claims if they are likely to involve City. 11.The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be provided on standard ISO forms noted above. All endorsements are to be received and approved by the Risk Manager prior to the commencement of work. INDEMNITY AGREEMENT Indemnitv Agreement: The Contractor and City agree that the "City, its officers, employees, volunteers and agents" should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney fees, litigation costs, defense costs' court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. The contractor acknowledges that the City would not enter into this Agreement in the absence of the commitment of the Contractor to indemnify and protect the City as set forth here. To the full extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its employees, volunteers, agents and officials, from any liability claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this agreement All obligations under this provision are to be paid by the Contractor as the City incurs them. Without affecting the rights of the City under any provision of this agreement or this section, the Contractor shall not be required to indemnify and hold harmless the City as set forth above for liability attributable to the sole fault of the City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where the Contractor is solely or partially at fault or in instances where the City's fault accounts for only a percentage of this liability involved. In those instances, the obligation of the Contractor will be all- inclusive and the City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. Page 7 Hold Harmless: Contractor agrees to indemnify, defend and save OWNER, its officers, agents and employees harmless from any and all liability claims, damages or injuries to any person, including injury to Contractor's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or are caused or claim to be caused by the negligent acts of Contractor, it agents or employees, and, all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the OWNER, its gents or employees. 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. 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. An answering service or mobile telephone shall not fulfill the requirement for a local office. PERSONNEL The Contractor shall furnish sufficient supervisory and working personnel capable of accomplishing, on schedule, all work required under this contract. CONTRACTOR IDENTIFICATION The Contractor shall insure that all working personnel are identified by a work uniform that, at a minimum, consists of a shirt that identifies the company. All work vehicles used on the project shall also be identified, at a minimum, with the company name on the vehicles. Page 8 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. Page 9 SPECIFIC TERMS AND CONDITIONS CONTRACT LOCATIONS AND QUANTITIES Attached and made part of this document, are lists of streets with curb miles that are to be swept on a biweekly basis (once every two weeks). Throughout the year, streets may be added or deleted based on new public development or streets incorporated in other programs. Presently there are a total of 222 curb miles scheduled for sweeping. UNIT PRICE The curb mile shall be the basis for the contract unit price. MONTHLY BILLING The City shall be billed monthly for the days of the week and the curb miles swept. SCHEDULING OF WORK Throughout the City of Palm Desert, residential trash pickup occurs on Monday each week. To avoid any conflict, no sweeping will be scheduled on Monday. The Contractor shall provide a schedule for sweeping operations that will occur on the same weekday. The Maintenance Services Manager shall approve the sweeping schedule and any changes. Operation of equipment shall be performed only during the time periods as follows: On residential streets or areas adjacent to residential areas, sweeping will not begin before 6:00 a.m. and will end by 5:00 p.m. 2. In commercial areas, sweeping may start at 5:00 a.m. 3. The Contractor shall notify the city at least 24 hours in advance of any request to work outside the hours defined above. 4. The City will be notified of any changes to the sweeping schedule at least 24 hours in advance. 5. Emergency work directed by the city is not impacted by these restrictions. Page 10 EQUIPMENT AND LABOR The Contractor shall use and furnish, at its own expense, all labor, equipment and materials necessary for the satisfactory performance of the work set forth herein. The Contractor shall use alternative fueled powered (CNG or propane) PM-10 certified street sweeping equipment to clean the streets of paper, dirt, sand and other debris. Machinery and equipment used in the furtherance of the Agreement shall be modem, clean and maintained in proper working conditions at all time. All drivers shall have the necessary commercial license to operate the equipment on public streets. SWEEPIN 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 and shall be subject to the approval of the Director of Public Works. The Contractor shall be held to the following specific conditions: 1. The Contractor shall sweep areas that are considered to be in sweepable condition. This defined as debris that can be removed without requiring more than three passes by a regenerative air sweeper at normal operating speeds and when the depth of the sand or debris is at the face of the curb is less than three inches and of a concentrated width from the curb face toward the pavement centerline of less than four feet. Any accumulation of sand or debris outside of the above parameters will be handled as PM-10 post event project. 2. Intersection, each corner radius and turn pockets require special attention to sweep to an acceptable condition. 3. No street sweeping vehicle shall exceed the speed of eight miles per hour during street sweeping operation. 4. The Contractor shall be notified of complaints received by the city and shall take corrective action for each valid complaint within 24 hours of notification. The city will be notified after mitigation of each complaint. WATER The Contractor shall make arrangements for the use of fire hydrants with the respective water providers and pay for all water used. Page 11 DISPOSAL OF SWEEPING REFUSE Contractor shall dispose of all refuse collected by hauling the same to legally established disposal areas at its expense or by utilizing other disposal methods approved by the city. No transfer points for storage of sweepings are guaranteed to be available. Transfer points must be approved by the city. City may approve the storage of clean sand from post event clean-up efforts. In no case will storage in the city be in excess of 24 hours. Page 12