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HomeMy WebLinkAboutC22563 - CleanStreet Contract No. C22563 AGREEMENT THIS AGREEMENT is made and entered into the Ciry of Palm Desert on this 24"' day of June, 2007, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and CLEENSTREET referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on May 24, 2007 the CITY requested an extension to contract C22562 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, 2007, through June 30, 2008 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-Nine and 16/100 dollars ($29.16) 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 Contract No. C22563 (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. (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. Page 14 Contract No. C22563 (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 CleanStreet CITY OF PALM DESERT 1937 W. 169th Street 73-510 Fred Waring Drive Gardena, CA 90247 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 CONTRACTOR A Municipal Corporation CleanStreet By: RICHARD S. KELLY, MAYOR Signature to be notarized CITY OF PALM DESERT, CALIFORNIA Printed name/Title ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P.E. CITY OF PALM DESERT, CALIFORNIA PUBLIC WORKS DIRECTOR APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY Page 15 CONTRACT C22563 PALM DESERT STREET SWEEPING CURB MILE SUMMARY FOR 2007 Section 1 South 17.0 CM Section 2 South 29.4 Section 3 South 23.1 Section 4 South 24.7 94.2 CM Section 5 North 30.1 Section 6 North 16.3 Section 7 North 22.3 Section 8 North 24.7 Section 9 North 35.3 128.7 CM Total for Section South & North: 222.9 CM Page 16 CLEANSTREET SWEEPING CONTRACT NO. C22563 STREET SWEEPING LIST OF RESIDENTIAVCOMMERCIAL STREETS SECTION 1 SOUTH 17.0 CM Larrea Street—E/ Portola Garden S uare Candlewood Street Chico Street Fairwa Drive Win foot Drive Borre o Drive Del Coronado Drive Toro Peak Road Pee er Tree Drive Yucca Tree Drive Monte Verde Drive Dee Can on S/H 111 Driftwood Drive Sa ebrush Drive Shadow Hills Road Pe er rass Street Parosella Street Abronia Trail Panaorama Drive EI Camino Sunset Lane Sunrise Lane Quailbrush Avenue Lantana Avenue Black Rabbit Road Old Pros ector Trail Covered Wa on Trail Settin Sun Trail Foxhill Court Canterbury Court Coral Gables Court Shadow Mountain E/Portola SECTION 2 SOUTH 29.4 CM Larrea Street-W/Portola Prickl Pear Lane San Luis Re Avenue Shadow Mountain Drive Larks ur Lane San Pablo Avenue Lu ine Lane Sa e Lane Tumbleweed Lane Ocotillo Drive Verba Santa Drive E hedra Lane Joshua Tree Street Fiddleneck Lane Burrowweed Lane Juni er Street Pin on Street Ironwood Street Goldenrod Lane Shadow Lake Drive Mountain View Avenue Fairwa Place Fla stone Lane Whitestone Lane Ryway Place Desert Lily Drive 74 Frontage Road/E of Gra evine Palm Desert Drive S Grapevine Street Shadow Mountain � Drive/H . 74 & Portola SECTION 3 SOUTH 23.1 CM Plaza Wa Painters Path Ed ehill Drive Hed eho Street Beavertail Street Pitaha a Street Green Wa Shadow Mountain Drive Verba Santa Drive 74 Fronta e Road/W 74 Fronta e Road/E Willow Street Ed ehill Drive Thrush Drive Raven Road Ea le Road Bursera Wa Tamarisk Street An lewood Drive Desert Lil Drive/S Gr Salt Cedar Street Goldflower Street Purslane Street Heliotro e Road Desert Hol Street Blazin Star Lane Golden Bush Court Rose Sa e Court Sand Sa e Court Desert Rose Drive Calliandra Street Calico Cactus Lane Amber Street Princes Plum Lane Deer rass Drive Alamo Drive Sweetbush Lane Ambrosia Street Lotus Court Shadow Mountain Dr./Hwy Haystack Road 74 to Pitaha a Page 17 SECTION 4 SOUTH 24.7 CM Cahuilla Wa Indian Hills Wa Vista Vie'o Summit View Drive Valle View Drive S lass Lane OI m ic Drive North View Drive Quail Hollow Drive Shad View Drive Alamo Road Belair Road Barber Lane Loma Vista Road Chia Drive Sk ard Wa Somera Road Homestead Road Ocotillo Drive Desert View Drive Beverl Drive Davis Road Prairie Drive White Drive Anita Circle Alan Circle Theodora Lane O al Drive Sundown Lane Crestview Drive Sun Valle Lane 74 Fronta e Rd/N. Hstk Moon Lane Siesta Trail Sun Lane Silver Moon Trail Silver Lane Sun Corral Trail Silver S ur Trail Little Ben Trail Buckboard Trail Broken Arrow Trail Arrow Trail Riata Trail Feather Trail Bird Wa Mesa View Drive Alamo Drive SECTION 5 NORTH 30.1 CM Rancho Road Carmel Circle Buena Circle Kru Avenue Stone Hill Street Mason Street Rutled e Wa /W Portola Sebasbatiani Wa Stone Hill Court Callawa Court Mondavi Court Heitz Court Martini Court Kelse Court Wildflower Lane Blueber Lane Oran e Blossom Rockrose Court Kelse Circle Yellow Sa e Drive Lavender Wa Ama lus Wa Moss Rose Drive Straw Flower Circle Water Lil Circle Columbine Circle Corral Bells Circle Da Lil Circle Alessandro Drive/E Port. San Marino Circle San Marino Wa De Anza Wa /E Port. Cabrillo Avenue Santa Anita Avenue Ramona Avenue Santa Ynez Avenue San Onofre Avenue Santa Mar arita Avenue EI Cortez Wa Goleta Avenue Desert Star Blvd. Aster Drive Mari old Drive Velardo Drive Erin Street Florine Avenue M rsine Avenue Primrose Avenue Vanda Circle Palmilla Drive Gazania Place Rutled e Avenue/E Port. Santolina Drive Buttonwood Drive Silktree Ro al Can on Lane Warin Court Grand Can on Hazel Can on Indian Can on Kings Canyon Phyllis Jackson San Pablo Avenue/Fred Warin to Ma nesia Falls Deep Canyon Road/Fred Magnesia Falls Drive/Deep Waring to Magnesia Falls Canyon to San Pascual Channel Page 18 SECTION 6 NORTH 16.3 CM San Anselmo Avenue Santa Rosa Wa /W S.P. San Nicholas Avenue Catalina Wa NV S.P. Guadalu e Avenue Ro al Palm Drive San Mateo Avenue Las Palmas Avenue San Gor onio W /W S.P. San Bonito Circle San Clemente Circle San Antonio Circle San Marcos Avenue Alessandro Drive San Carlos Avenue De Anza Wa San Pascual Avenue San Juan Avenue San Luis Re Avenue San Jose Avenue San Jacinto Avenue San Rafael Avenue San Gor onio W /E S.P. Catalina Wa Mont ome Lane Hermosa Lane Santa Rosa Wa Olive Court Palm Desert Dr. N. SECTION 7 NORTH 22.3 CM Acacia Drive Sonora Drive Rancho Grande Drive Tam ico Drive Sierra Vista Drive Fairhaven Drive Joshua Road Cholla Drive Cactus Drive Brushwood Drive Manzanita Drive San Juan Drive Mimosa Drive Fairhaven Drive Arboleda Avenue Adonis Drive Gloriana Drive Acacia Drive Parkview/Mont-H 111 Sa ewood Drive Periwinkle Court Moonflower Court Su arbush Court Orchid Tree Court Nolena Court Silk Tree Court Hovle Lane West Sonata Court Sand i er Court Sand i er Court West Avenida Arcada Avenida Rosario Avenida Solana Centennial Circle Avenida Estrada Avenida Calafia Hovle Court Via Fonda Terraza Drive Posada Court Ventana Court Barranda Court Cabana Court Diamondback Road Corte Placitas Towne Center Way/median Magnesia Falls Drive/San Painters Path included Pascual Channel to Montere Avenue Parkview Drive Page 19 SECTION 8 NORTH 24.7 CM Drexell Drive Woodward Drive Hollister Drive Jameson Road Colebrid e Street Emmerson Drive Willin ton Road Driscoll Street She hard Ln/FS-to end Dais Lane AI ine Lane Colle e View Circle E Colle e View Circle W Koko elli Circle W Chinook Circle W Patunia East Patunia West Julie Lane Jeri Lane Academy Lane W Shephard Lane/GF to Windflower Merle Drive She I Avenue Melanie Place Caroline Court Audre Circle Clifford Street Rebecca Road Leslie Avenue Ste hanie Circle Susan Circle Ga Avenue Timoth Circle Christian Street Joni Drive Velie Drive Cor orate Wa Lennon Place Eclectic Street 42" Avenue Hemin wa Court Dem se Drive Mar n Court Freedom Court Carlotta Drive Eas Street Dolmar Court Duval Court San Castle Lane Desert Mirage Tamarisk Row/Regency . W Desert Willow Dr. Market Place Miriam Wa Koko elli Circle E Chinook Circle E SECTION 9 NORTH 35.3 CM Florida Avenue Alaska Street Ohio Court Illinois Avenue Indiana Avenue Louisiana Street W omin Avenue Texas Avenue Robin Road Mountain View Delaware Place Latisha Lane Missouri Drive York Street Edinborou h Street Cardiff Street Bri hton Street Hastin s Street Devonshire Street Sussex Street Dudle Drive Vir inia Avenue Clifton For e Street Faber Circle Alabama Street Hawaii Circle New York Avenue Connecticut Street Wisconsin Avenue Idaho Street Missouri Drive Warner Trail Minnesota Avenue lowa Street Kansas Street Tennessee Avenue Utah Circle Oklahoma Avenue Geor ia Street Kentuck Avenue Ore on Circle Park Center Drive S rin field Lane Garand Lane Enfield Lane Entre reneur Lane Perris Lane Oasis Club Dr. Hovle Lane W. California Avenue Page 20