HomeMy WebLinkAboutSUPPTL INFO - C22563 MAY-24-2007 13:22 P.Oli01
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May 24, 2007
Mr. Carlos Hernandez
Public Works Department
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FAX TRANSMITTAL: (760) 773-9025
Dear Carlos,
CleanStreet would like to extend its contract with the City of Palm Desert for high
quality street sweeping services. Last year we held aur price. Due to increase in
debris disposal and fuel, we are requesting an increase by the preceding year's CPI.
The preceding year's CPI was 4.2fi%. The new curb mile rate will be $29.16. We
currently sweep 222.9 curb miles, bi-weekly. The new yearly price will be
$168,993.86 or a monthly rate of $14,082.82.
We appreciate your business very much and look forward to an excellent working
relationship.
Please feel free to give me a ca{I at (800) 225-7316 if you have any comment5 or
questions.
Sincerely,
CLEANSTREET
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Ric�Anclerson
Director of Business Development
RA:seg
1937 West 169`h Street, Gardena, California 90247 (800)225-7316
CieanStreet.com E-mail: randerson@cleanstreet.com Fax: (310) 538-8015
TOTAL P.O1
CITY OF PALM DESERT
RIVERSIDE COUNTY
CALIFORNIA
CONTRACT DOCUMENTS
AND SPECIFICATIONS
FOR
CONTRACT NO. C22563
RESIDENTIAL / COMMERCIAL
STREET SWEEPING SERVICES
Prepared under the supervision of:
MARK GREENWOOD, P .E.
DIRECTOR OF PUBLIC WORKS
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260
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TABLE OF CONTENTS
RESIDENTIAL- COMMERCIAL
STREET SWEEPING SERVICES
CONTRACT NO. C22563
PAGE
CONTRACT DOCUMENTS
GENERAL TERMS AND CONDITIONS...............................................................3
SPECIFIC TERMS AND CONDITIONS..............................................................10
AGREEMENT.....................................................................................................13
ATTACHMENTS
CURB MILE SUMMARY FOR 2007.........................................................16
STREET SWEEPING LIST.................................................................................17
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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' ComaensatioNEmplover 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 properry 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
Property Damage $ 200,000 each occurrence
$ 500,000 aggregate
Page 4
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 LiabilitvNmbrella 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 Do{lars ($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 sha{I 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:
1 . 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
cancellation of coverage. Contractor agrees to require its insurer will provide 30
days notice of any cancellation of coverage.
Page 5
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 po{icies 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 Ciry 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.
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.
Page 6
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 AQreement: 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 Ciry 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 entiry or any kind without the previous written consent of the City Council of
the Ciry 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 authoriied 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 toN 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 222.9 curb miles scheduled for sweeping.
UNIT PRICE
The curb mile shall be the basis for the contract unit price.
MONTHLY BILLING
The Ciry 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:
1. 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 Ciry 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 modern,
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. Water spray heads on sweeper shall be on at all times while sweeping.
5. 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 ciry. 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