The URL can be used to link to this page

Home My WebLink AboutC22564 One Year Extension for Street SweepingCITY OF PALM DESERT PUBLIC WORKS STAFF REPORT REQUEST: Approve a One -Year Extension of Contract C22563 for Residential and Commercial Street Sweeping Services SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works VENDOR: CleanStreet 1937 W. 169th Street Gardena, CA 90247 DATE: June 12, 2008 ATTACHMENTS: Agreement C22564 Letter from CleanStreet Recommendation: By Minute Motion: 1. Approve a one-year extension of Contract C22563 with CleanStreet of Gardena, California for residential and commercial street sweeping services at the rate of $29.16 per curb mile for a total of $169,979.48; 2. Approve a 10% contingency of $16,997.95; and 3. Authorize the Mayor to execute the agreement. Discussion: The sweeping services for the residential and commercial street sweeping contract are performed by CleanStreet. The level of service provided is satisfactory and any issues are quickly addressed and resolved. Rick Anderson, CleanStreet Director of Business Development, continues to work closely with City staff to ensure that we obtain the highest level of service. The City's current contract contains a provision for optional extension of the contract by mutual agreement. For fiscal year 2008-09, CleanStreet has agreed to continue the One -Year Extension of Contract C22563 for Street Sweeping Services Page 2 of 2 June 12, 2008 sweeping services with no increase. The rate will be the same as for fiscal year 2007- 08, at $29.16 per curb mile. Previously, there were 222.9 curb miles of sweeping. With the addition of six new streets, there will be 224.2 curb miles swept bi-weekly; therefore the total year contract will be $169,979.48. Funds are available in the 2008-09 fiscal year budget, account 110-4310-433-3320. Therefore, staff recommends that City Council approve a one-year extension of contract C22563 with CleanStreet to provide street sweeping services for fiscal year 2008-2009, at the rate of $29.16 per curb mile for a total of $169,979.48 plus a 10% contingency of $16,997.95 for a grand total of $186,977.43; and authorize the Mayor to execute the new agreement, contract number C22564. Fiscal Impact: There is no financial impact beyond the funds already allocated for this maintenance activity. Prepared Carlos HernaVridez Maintenance Services Manager Approva omer Croy ACM for Devel Carlos L. rteg City Manager ment Services Department He Mark Greenwo d, P.E., Director of Public Works Paul Gibson Finance Director CITY COUNCIL CTION: APPROVED DENIED RECEIVED OTHER MEEETING DATE (p •/a • a AYES: reit{awn . Fin AW/i NOES : ,� ABSENT c'Io ABSTAIN: Mime_ VERIFIED BY: e ,j /mem Original on File 141,tn City Clerk's Office APR-24-2008 13:25 P.Oli01 �� _ . . . . . . . .. .:.. �� .� April 24, 2008 ' � -�,:- _� :�. � - � =�� Mr.Carlos Hernandez v �='��'�' � �,�.•� Maintenance Services Manager "'"��-� � I7' •-• City af Palm Dssert --- �'"':-°; � • �Y,'...' 73-51D Fred Waring Dr�ve �-, Pa1m Desert,CA 92260 � ='n r� ' FAX TftANSMI7TAL: (7fi0) 340-0574 Dear Carlas, � The following is a proposaE to extend the residentiai sweeping contract C22563 between the City of Palm Desert and CleanStreet. AIf terms and conditions will remain the same except the following: • Term; � o The new term will be from luly 1, 2QQ8 to June 31, 2009 • Curb Mites Swept: o z24,2 �urb miles wlll be swept 26 tlmes per year far a total of 5,8�9.20 curb miles per y�ar. The curb mile rate will remain the same or$Z9.�.6 per curb mife. 'Fhe annual amount will be$169,979.48 or$14,164.95 per month. We appreciate your business very much and hope ta continue our excellent working relatianship for years to come. Sincerely, . CLEANSTREET J( , i�l .•y;..�if�,.i`sf'r�ci�fi` . � � Rick Andersan Director of 6usiness Oevelopment Cell: (310} 740-1501 Qffi�e: (800) 225-7325 x108 RA;seg 1937 'VVe`st�169�' 5treet, Gaxdena, California 90247 (800)2Z5-7316 x108 Cl�anStreet.com E-mail: randcrson(a�cleanstreet.com Fax: (3 l p) 538-8015 � , ,. TOTAL P.01 Recelved Apr-24-08 01:40Pm From- To-CITY OF PALM DESERT PaQe O1 CITY OF PALM DESERT RIVERSIDE COUNTY CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONTRACT NO. C22564 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 TABLE OF CONTENTS RESENDENTIAL - COMMERCIAL STREET SWEEPING SERVICES CONTRACT NO. C22564 PAGE CONTRACT DOCUMENTS GENERAL TERMS AND CONDITIONS...............................................................3 SPECIFIC TERMS AND CONDITIONS..............................................................10 AGREEMENT.....................................................................................................13 ATTACHMENTS CURB MILE SUMMARY FOR 08/09.........................................................16 STREET SWEEPING LIST.................................................................................17 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/Emplover 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 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 Liabilitv/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: 1. Contractor agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of ce�tificate(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 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. !n 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. 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 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 othen�vise 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 224.2 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 shal! 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 Gity 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. SWEEPING 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 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 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 12th day of June, 2008, 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 April 24, 2008 the CITY requested an extension to contract C22563 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, 2008, through June 30, 2009 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 (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 shail 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 ot 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 (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: JEAN M. BENSON, 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 C22564 PALM DESERT STREET SWEEPING CURB MILE SUMMARY FOR 08/09 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 26.0 Section 9 North 35.3 130.0 CM Total for Section South 8� North: 224.2 CM Page 16 CLEANSTREET SWEEPING CONTRACT NO. C22564 STREET SWEEPING LIST OF RESIDENTIAL/COMMERCIAL 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/Hw 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/Hw . 74 8� 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 RoadNV 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 AvenuelFred 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 /W 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-Hw 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 26.0 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 Ma 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 Hovle Gardens Verdin Lane Falcon Lane Golden Ea le Kin Fisher Circle Warbler Wa SECTION 9 NORTH 35.3 CM Florida Avenue Alaska Street Ohio Court 111inois 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