CC - Item 6D - Request for Proposal to Provide Street Sweeping ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGE
DATE: FEBRUARY 23, 2010
SUBJECT: REQUEST FOR PROPOSAL TO PROVIDE STREET SWEEPING
SERVICES
SUMMARY
The City of Rosemead provides street sweeping services through a contractual
agreement with Clean Street, Inc. Per the agreement, all City streets are swept at least
once weekly, Monday through Friday. On November 17, 2009, the City Council
extended the City's current street sweeping services agreement with Clean Street
through June 30, 2010. At that time the City Council asked staff to develop
specifications for street sweeping services and go through a Request for Proposal
(RFP) process for a new street sweeping services agreement.
Staff Recommendation
It is recommended that the City Council
authorize the initiation of the RFP process.
approve the attached specifications and
DISCUSSION
The current contract for City street sweeping services expires on June 30, 2010. The
scope of work in this contract includes providing weekly street sweeping services
throughout the community. The contract includes service levels, reporting
requirements, recycling requirements and equipment standards. Street sweeping is an
important element in the City's water quality efforts, helping to remove potentially
harmful trash, metals, and bacterial materials from storm drains and the region's
watershed.
Protect Description
The scope of work in the proposed Request for Proposal (RFP) includes street
sweeping services for all residential, arterial, and collector streets in the City. A street
sweeping schedule map has also been included with the RFP to better acclimate
bidders with the City's layout and existing maintenance schedule.
To ensure that a high standard of service is maintained, specifications for street
sweeping services and schedule are detailed in the proposed RFP and draft agreement.
The agreement also contains a provision that allows the City to alter the frequency of
.
APPROVED FOR CITY COUNCIL AGENDA: ITEM NO.
City Council Meeting
February 23, 2010
Page 2 of 3
maintenance when necessary. Service levels will be monitored by City staff who will
also review the contractor's performance and related activities. The RFP includes a
scope of services and requirements briefly described below and more thoroughly
described in the attached documents:
o Provide street sweeping services once weekly in residential areas and
twice weekly in specified commercial areas.
o Provide the City with sweeping logs including materials collected and
recycled, miles traveled, and areas swept.
o Utilize street sweeping equipment in compliance with Air Quality
Management District Rule 1186.1 alternative fuel vehicle standards.
o Coordinate with Public Safety Department parking control officers on daily
routes,
o Provide the City with additional street sweeping in conjunction with up to 4
special events each year.
The term of the contract is for three years and, due to the substantial commitment of
personnel and equipment required by the contract, there are two optional one-year
extensions. An annual CPI increase is included after the third year of service, subject to
a maximum increase of 2.5%. Experience has proven that a multi-year contract is the
most cost-effective means to have maintenance work performed for both the City and
the contractor.
Bid Process and Analysis
Upon City Council approval, the RFP will be mailed to a list of known qualified street
sweeping service providers. Tentatively, proposals will be due to the City by Tuesday,
March 16, 2010 and staff will present a recommendation to the City Council on
Tuesday, April 13, 2010. The timeline for soliciting proposals is included in the attached
RFP. If approved, the new contract would begin July 1, 2010.
FINANCIAL REVIEW
Funding for street sweeping services is provided through Gas Tax funds. In Fiscal Year
2010, approximately $229,000 was budgeted for these services.
ENVIRONMENTAL REVIEW
This project does not require environmental review.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
City Council Meeting
February 23, 2010
Page 3 of 3
Submitted by:
Chris Marcarello
Deputy Public Works Director
Attachment 1: Request for Proposal - Street Sweeping Services
Attachment 2: Contractor's List
Attachment 3: Draft Maintenance Services Agreement
Attachment 4: November 17, 2009 City Council Minutes
CITY OF ROSEMEAD
REQUEST FOR PROPOSAL
RFP No. 2010-03
STREET SWEEPING SERVICES
Submittal Deadline: March 16, 2010, Before 10:30 AM
PLEASE NOTE: MANDATORY PRE-BID MEETING
Request For Proposal - Street Sweeping Services
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1.
The City of Rosemead is seeking Request For Proposals (RFP's) from qualified
contractors for street sweeping services.
Specifically, the City of Rosemead is interested in receiving proposals for street
sweeping services in City streets and public right-of-way areas. A complete list of the
Service Locations/ Total Cost is included in Attachment A.
2. PROPOSAL SUBMITAL DATE AND REVIEW
Contractors must submit three (3) complete copies of their proposals before March 16,
2010, at 10:30 AM. All proposals must be delivered to the office of the City Clerk, City
of Rosemead, or mail to: City of Rosemead
Attn: City Clerk
8838 East Valley Boulevard
Rosemead, CA 91770
The received proposals will become part of the official files of the City of Rosemead
and will not be returned. Late proposals will not be accepted. The RFP package
needs to be sealed and labeled as follows:
Proposal For Street Sweeping Services - CONFIDENTIAL
All proposals will be reviewed to determine conformance with the RFP requirements.
Any proposal deemed incomplete, conditional, or non-responsive to the requirements of
the RFP may be rejected. The City reserves the right to reject any and all proposals.
After a careful review of each submitted proposal, the City will conduct a thorough
evaluation, as detailed in Section 6D of this RFP. The evaluation will lead to the
selection of a contractor and an award of a Service contract.
3. CITY POINT OF CONTACT
The sole source of contact regarding this RFP is Chris Marcarello, Deputy Director of
Public Works Department, (626) 569-2118. Contractors interested in submitting a
proposal are asked not to contact other members of the City of Rosemead staff in
connection with the RFP prior to the announcement of the selected contractor.
4. SCHEDULE
The following are key dates for the Street Sweeping RFP:
Mailing of RFP: February 24, 2010
Mandatory Pre-Bid Meeting: March 10, 2010 at 9:00 AM
Public Services Facility (Garvey Park)
7933 Emerson Place
Rosemead, CA 91770
Request For Proposal - Street Sweeping Services
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Proposals due to the City: March 16, 2010, before 10:30 AM
Due at the City Clerk's Office
City Council Contract Award: April 13, 2010
5. BACKGROUND
The City of Rosemead maintains approximately 154 curb miles within its public rights-
of-way. Of this total, commercial streets account for approximately 17 curb miles,
which are swept twice per week. In addition, there are approximately 10 curb miles of
medians locations that require weekly sweeping. Street sweeping is performed
Monday through Friday each week. Street sweeping hours are 6:00 A.M. to 2 P.M. in
residential areas and 2:00 A.M. to 6:00 A.M. Tuesday and Fridays on major arterials
and commercial areas. A map of the street sweeping schedule that is already
established is provided on Attachment B.
The selected contractor shall be responsible for providing all labor and equipment
necessary to perform street sweeping services on a weekly basis, including:
• Sweeping all arterial, collector industrial, residential and commercial streets, cul-
de-sacs, median island curbs, and full roadbed on Rosemead Boulevard.
• Removal of large items such as cardboard, palm fronds, and rocks.
• Recycling of collected sweepings.
• Providing additional sweeping services for special events and emergencies.
6. GENERAL CONDITIONS
A. Authority to Withdraw RFP and/or Not Award Contract
The City Rosemead reserves the right to withdraw this RFP at any time without prior
notice. Furthermore, the City makes no representations that any Agreement will be
awarded to any contractor responding to the RFP. The City expressly reserves the
right to postpone the opening of proposals at its own convenience and to reject any
and/or all proposals responding to this RFP without indicating any reasons for such
rejection.
B. Pricing Approach
The City of Rosemead intends to award a fixed annual contract price for the three-year
term of this contract, with an option to renew annually for up to two (2) more years,
based on performance. A Service unit price list should be included as part of the
proposal (See Attachment C). The primary purpose of this list is to provide for
guidance for any additional work or establish clear payment deductions for contract
services not rendered during the course of the contract.
Subsequent to the initial three-year contract term, and if the option for renewal is
exercised at the third and fourth anniversary of the contract effective date, the contract
amount shall be adjusted in proportion to the change in the Consumer Price Index - All
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Urban Customers, Los Angeles, Riverside, Anaheim, at the time, subject to a 2.5%
maximum increase per year.
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et
seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates
and the performance of other requirements on "public works" and "maintenance". If the
Services are being performed as part of an applicable "public works" or "maintenance",
as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
C. Insurance and Performance Bond
The selected contractor shall provide to the City the necessary insurances,
endorsements and the performance bond in the amount of contract, as specified in the
enclosed Draft Agreement.
D Proposal Evaluation Criteria
Proposals will be evaluated on the basis of the response to all provisions of this RFP.
The City of Rosemead may use some or all of the following criteria in its evaluation and
comparison of the proposals submitted. The criteria listed are not necessarily an all-
inclusive list. The order in which they appear is not intended to indicate their relative
importance:
The contractor's demonstrated awareness of safety in all operations
2. A demonstrated understanding of the scope of work and other proposal
documents
3. A logical, proven methodology for carrying out the work tasks described in
the proposal
4. The contractor's recent experience in conducting contracts of similar scope,
complexity, and magnitude, particularly for government agencies
The quality and quantity of personnel to be assigned to the contract,
including its recent street sweeping experience
The quality and quantity of equipment to be assigned to the contract
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7. A listing of the organizational structure of the proposed contract team
8. The financial stability of the contractor
9. Recent references from clients, with particular emphasis on local
governments
10. The proposed contract schedule
11. The proposed contract costs
7. PROPOSAL FORMAT AND CONTENT
Proposals should be typed as briefly as possible. They should not include any
elaborate or unnecessary promotional material. The following order and content of
proposal sections should be adhered to by each contractor:
a. Cover Letter
A cover letter should summarize key elements of the proposals. The letter
must be signed by an individual authorized to bind the contractor. The
letter must stipulate that the proposed price shall be valid for a period of a
minimum of three (3) years. Indicate the address and telephone number of
the contractor's office located nearest to Rosemead, California, and the
office from which the contract will be managed.
b. Background and Approach
The Background and Approach Section should describe your
understanding of the City and the work to be done.
c. Work Plan
Describe the sequential work tasks you plan to carry out in accomplishing
this contract. Indicate all key deliverables and their contents.
d. Methodology
This section should clearly describe the methodology you plan to use to
carry out the specific work tasks described in the Work Plan.
e. Contract Organization and Staffing
Describe your approach and methods for managing the contract. Provide
an organizational chart showing all proposed contract team members.
Describe the responsibilities of each person on the contract team. Identify
the Contract Manager and the person(s) who will be the key contact (s) with
the City of Rosemead. Indicate how many hours each team member will
devote to the contract by task, along with a statement indicating the
availability of the members of the contract team for the duration of the
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contract. Please include resumes for key members of the contract team
with particular emphasis on their experience and professional affiliation.
f. Related Experience
Describe recent, directly related, public agency experience. Include on
each listing the name of the agency; description of the work done; primary
agency contact, address and telephone number; dates for the contract;
name of the contract director and/or manager and members of the
proposed contract team who worked on the contract, as well as their
respective responsibilities. At least three references should be included.
For each reference, indicate the reference name, organization affiliation,
title, complete mailing address, and telephone number. The City of
Rosemead reserves the right to reference check any and/or all of the
organizations or individuals listed.
g. Contract Schedule
Provide a schedule for completing each task in the work program, based
upon the frequency listed in Service Locations/ Cost (Attachment A).
h. Cost Data
Indicate the total annual cost for each portion of street sweeping services
(See Attachment A) for which you will provide street sweeping services,
based upon the information provided.
Recycling and Disposal
All materials collected in the course of street sweeping activities shall be
transported and recycled/disposed of in accordance with City, County,
State, and Federal requirements. When possible, debris will be diverted
from landfill disposal. The City shall be notified which facilities are used to
process sweeping debris. The successful contractor shall be solely
responsible for all fees involved in the recycling/disposal of sweepings
collected in the City. Indicate the facilities where sweeping debris will be
taken and programs that will be used to ensure the diversion of debris from
landfill disposal.
j. Equipment
Vehicles and equipment used in street sweeping services must be kept
well-maintained and in good appearance. Vehicles and equipment used in
accordance with sweeping activities should be not more than three (3)
years old and must meet all applicable local, state, and federal air quality
laws, rules, and regulations including but not limited to the South Coast Air
Quality Management District Rule 1186 relating to alterative fueled
sweeping equipment. Equipment shall meet all applicable certifications for
PM 10 and other pollutants as set forth by the South Coast Air Quality
Management District. Indicate the equipment that will be used to meet
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these requirements and efforts to ensure equipment is maintained in good
repair, appearance, and sanitary conditions at all times.
k. Statement of Compliance/ Suggested Changes
Contractors must submit a Statement of Compliance to the RFP and to the
Draft Agreement terms and conditions, and if any, a listing of exceptions
and suggested changes. A description of any cost implication for
suggested changes must also be included. The Statement of Compliance
must declare either:
1) This proposal is in strict compliance with the Request for
Proposal and Draft Agreement and no exceptions to either are
proposed; or
2) This proposal is in strict compliance with the Request for
Proposal and Draft Agreement except for the items listed.
For each exception or suggested change, the contractor must include:
Reasons for submitting the proposed exception or change.
• Any impact the change or exception may have on contract costs,
scheduling or other considerations.
8. PRE-PROPOSAL MEETING
All parties submitting proposals are instructed to attend a mandatory pre-bid
meeting. The meeting is scheduled March 10, 2010 at 9:00 a.m. at the Public
Services Facility, 7933 Emerson Place, Rosemead, California 91770. Present at
this meeting will be representatives of the City of Rosemead Public Works
Department.
The purpose of this meeting is to familiarize contractors with the scope of work
and to answer any questions which may arise prior to submitting proposals.
Attendance at this meeting is MANDATORY for those wishing to submit
proposals. Failure to attend the pre-bid meeting shall result in disqualification
from the RFP process.
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SCOPE OF WORK
Contractor shall provide all labor and equipment necessary to perform street sweeping
services in the City of Rosemead in accordance with this Agreement, on the following
terms and conditions.
A. Definitions
1) "Streets" shall mean all dedicated public rights-of-way within the existing or
future corporate limits of the City.
2) "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage and other
foreign material removable from a paved street with a street sweeper.
3) "Curb-mile" means a swept path not less than eight (8) feet wide for a cumulative
total length of 5,280 feet.
4) "Roadbed" means entire street pavement from curb to curb.
B. Description of Required Services and Experience
1) General. The primary objective of street sweeping is to pick up all debris to
ensure the free flow of water in the gutter and to maintain the streets in a state of
cleanliness. Contractor shall remove all debris from all streets every weekly
sweeping cycle. Items of excessive size, such as cardboard, palm fronds, large
rocks, etc., shall be physically picked up and placed in the sweeper by the
Contractor. Sweeping shall normally consist of a single pass over an area.
Additional passes shall be made as necessary when conditions warrant special
attention. Debris collection may require more than one pass in order to
sufficiently clean the street. This service shall be included in the unit curb-mile
price at no additional cost to the City.
2) The successful Contractor shall have at a minimum five (5) years experience
with municipal street sweeping. The Contractor shall have developed complete
sweeping programs/ schedules for California cities, towns, counties, etc.
3) Areas to be Cleaned. All City streets including arterial, collector, industrial,
residential and commercial, cul-de-sacs and median curbs shall be swept once a
week, at a minimum. The entire length of all curbs (including median curbs and
curb returns), uncurbed pavement edges, painted (2-way) left turn lanes and
flush concrete or paved median noses shall be swept each time the associated
street is swept. The entire area of each intersection shall be swept. The
balance of each street shall be swept as needed. The entire roadbed of
Rosemead Blvd. (Within City limits) shall be swept each time the street is swept.
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In any case, no debris shall be left on the street pavement after sweeping is
completed.
4) Standard of Performance. The Public Works Director, or designee, will make
the final determination as to whether the work has been satisfactorily completed
and may order the Contractor to re-sweep areas not swept or cleaned in a
satisfactory manner. In the event the results of a sweeping are considered
unsatisfactory, the Contractor shall sweep or clean the unsatisfactory area again
at no cost to the City, within twenty-four (24) hours of request without
interruption to the regular street sweeping schedule.
5) Additional Services. Additional services may include emergency call-outs or
other instances as requested by the Public Works Director, or designee. Such
services will be requested orally or in writing at least twenty-four (24) hours in
advance, whenever practical, except for emergency call-outs. No request for
additional services shall necessitate the simultaneous assignment of more than
four (4) sweepers unless a greater number is agreeable to the Contractor.
Payment for such requests shall be based upon the hourly rate specified in
Attachment D.
C. Changes in Services
During the term of this agreement or any extension thereof, the City may elect to
increase or decrease the frequency or number of miles of street sweeping services.
The said increase or decrease shall be by written change order to the Contractor.
The unit price for change order sweeping shall be at the contract unit price specified
in Attachment D.
D. Schedule of Performance
Street Sweeping Schedule
1) Days. Routine street sweeping shall be conducted Monday through Friday
unless otherwise approved by the Public Works Director.
2) Hours. Standard operating hours for sweeping under this Agreement shall be
determined by the City and the Contractor. Arterial streets and commercial
areas shall be swept from 2:00 A.M. to 6:00 A.M. Residential areas shall be
swept from 6:00 A.M. to 2:00 P.M. Some areas may be posted with different
hours than noted above. It is the Contractor's responsibility to familiarize itself
with these areas and adjust the sweeping schedule accordingly.
Holidays
The contractor is not required to sweep streets on Sundays nor on any of the
following holiday:
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New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
During the week of a holiday, the Contractor shall adjust the weekly schedule so as
to return to the normal weekly schedule the following week. Sweeping scheduled
for a holiday shall be completed within seven (7) days following the holiday.
Holiday sweeping schedules must be submitted to the Public Works Director thirty
(30) days prior to the holiday. No modification of this holiday schedule shall be
effective unless authorized in writing by the Public Works Director.
E. Changes in Schedule Due to Weather Conditions
The Contractor shall obtain approval from the Public Works Director for any change
in schedule due to adverse weather conditions. When a change in schedule is
necessary, the Contractor shall adjust the work schedule so as to return to the
normal weekly schedule as soon as possible. The City reserves the right to direct
schedule changes made necessary due to inclement weather.
F. Disposal and Recycling of Materials
The Contractor shall transport and dispose of all sweeping at a composting or
recycling center in accordance with all City, County, State, and Federal
requirements. Contractor shall divert or compost all street sweepings to the
greatest extent possible, obtaining a minimum of eighty-five percent (85%)
diversion rate from landfills. Sweepings may be deposited at temporary dumpsites
with the prior approval of the property owner and the Public Works Director.
Sweeping shall be removed from such sites each day. Contractor shall be entitled
to no other income, expenses or charges from the City for disposing of sweepings at
any disposal site within or outside the City limits. The Public Works Director may, at
any time, require the Contractor to relocate, completely remove or discontinue use
of such disposal sites. The Contractor shall report on a monthly basis the amount
of sweepings disposed of at a composting or recycling center and the name and
address the facility.
G. Street Sweeping Equipment
The Contractor shall, as a minimum, keep their equipment well-maintained, neatly
painted and meet other reasonable standards as may be established by the Public
Works Director. Adequate back-up equipment must be available at all times to
service the City. Contractor shall submit in its proposal a listing of all equipment
(including back-up equipment) proposed to furnish under this Agreement (including
year, make, and condition). The City may, at its sole discretion and expenses,
require an annual inspection of Contractor's equipment.
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The Contractor shall use a sweeper fleet appropriate for servicing approximately
164 curb miles of street. The fleet shall include a fleet of vacuum and broom
sweepers as appropriate for meeting all requirements of this Agreement and all
regulatory requirements of outside agencies such as the South Coast Air Quality
Management District (AQMD) and the California Air Resources Control Board.
Vehicles and equipment used in accordance with sweeping activities should be not
more than three (3) years old and must meet all applicable local, state, and Federal
air quality laws, rules, and regulations including but not limited to the South Coast
Air Quality Management District Rule 1186 relating to alterative fueled sweeping
equipment. Equipment shall meet all applicable certifications for PM 10 and other
pollutants as set forth by the South Coast Air Quality Management District.
All vehicles must be maintained in good repair, appearance, and sanitary conditions
at all times. The City reserves the right to inspect the Contractor's vehicles at any
time to ascertain said condition. A City representative shall have the right to cease
Contractor's operations immediately, upon inspection of any vehicle/sweeper
deemed unsafe or unsatisfactory during performance of the Agreement. At the
discretion of the Public Works Director, the City may require the installation of
special odometers, time clocks, or vehicle speed monitors to verify the quality and
quantity of the work performed.
All vehicles and equipment used by the Contractor within the City limits must be
clearly identified, on each side of the vehicle or equipment, with the name of the
Contractor, address of the Contractor's office, and telephone number. All
equipment must be equipped in accordance with State laws, including hazard lights
visible from the rear that operate independently of the brake lights. Sweepers must
be quipped with mobile radio communications to the Contractor's dispatch office.
H. Equipment Storage
The Contractor shall be responsible for all costs associates with equipment storage.
No material and equipment shall be stored where it will interfere with the free and
safe passage of public or construction traffic. At the end of each day's work and at
all other times when sweeping operations are suspended for any reason, the
Contractor shall remove all equipment and other obstructions from the roadway and
open it for use by traffic.
1. Traffic Counters
The City may at various times and locations temporarily install portable traffic
counting equipment of the type which is activated by vehicles coming in contact with
a hose placed in the roadway. Caution shall be used by the Contractor to avoid
damaging said equipment. If the Contractor, while in the performance of its contract
duties, damages or causes to be damaged any of the aforementioned traffic
counting equipment or appurtenances, the Contractor shall bear the entire cost for
the restoration, repair, inspection, testing or replacement of said damaged
equipment.
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J. Parking Citation Officer - Coordination
The City may use a Parking Control Officer to cite vehicles for parking during street
sweeping hours. The Contractor shall coordinate his sweeping activities with the
Parking Control Officer. All costs for coordination are the responsibility of the
Contractor, and no additional compensation will be allowed.
K. Contractor/City Communication
Throughout the period of this Agreement, the Contractor shall establish and
maintain an office and have an authorized Supervisor as the point of contact for
communications with the City.
The Contractor's office shall have a twenty-four (24) hour telephone service and a
responsible person in charge seven (7) days a week to receive all requests for
emergency service, which are forwarded by the City. Contractor shall respond and
provide emergency service within two (2) hours from the time a call is placed by the
City. Requests for routine service or complaint issues shall be resolved
expeditiously within the following twenty-four (24) hour period.
L. Contractor's Employees
Contractor's employees shall be required to wear a clean uniform bearing the
Contractor's name. Employees who normally and regularly come into direct contact
with the public shall also bear some means of individual identification, such as a
nametag or identification card. Employees shall not remove any portion of their
uniform while working within the City.
Employees driving the Contractor's vehicles shall at all times possess and carry a
valid Commercial Drivers License issued by the State of California.
Any person employed by the Contractor who fails or refuses to carry out the
directions of the City, appears to be incompetent, acts in a disorderly, improper or
unsafe manner, or shows signs of intoxication or other impairment, shall be
immediately removed from the job site by the Contractor. Prior to returning a
removed employee to work within the City, the Contractor shall provide in writing the
reason for the individual's behavior and the means used to prevent this behavior
from occurring again. Failure of the Contractor to prevent, prohibit, or resolve
problems with its employees working within the City will result in sweeping
operations being suspended until further notice. The City may enter a contract with
another party for street sweeping services during such a suspension, and the
Contractor will be liable for all costs.
M. Sweeping Practices
The Contractor shall at all times use good sweeping practices as dictated by
standards within the sweeping industry and will make adjustment to its equipment
as necessary. The Contractor must exercise due care so as to prevent spilling,
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scattering, or dropping of debris during the sweeping activity and shall immediately
clean up any such spillage, dropping, or scattering. Sweeping practices include, but
are not limited to the following:
1) Sweeping speed shall be adjusted to street conditions with a maximum speed
of six (6) miles per hour. Patterned concrete medians, intersections, and
crosswalks shall be swept at a maximum speed of three (3) miles per hour.
The City may require the installation of sweeping speed monitoring devices
to record actual vehicle speed during sweeping.
2) Sweepers shall be operated as close to parked cars or other obstacles as
safety allows.
N. Routina and Sweeper Availability
Street sweeping routes and schedules shall be developed by the Contractor and
shall be subject to the approval of the Public Works Director. Routes and
schedules shall be consistent with the Basic Street Sweeping Scheduling Map
(Attachment B).
Sweeping routes and schedules shall be provided to the City no later than fifteen
(15) days prior to the initiation of sweeping operations or changes in operation. The
City reserves the right to request changes in routing or hours of operation at any
time. Each sweeper shall have its own operator and scheduled route. Any and all
sweeper breakdowns and repairs shall be reported immediately to the Public Works
Director.
0. Construction-Related Problems and Storm Debris
Dirt and debris carried onto streets from identifiable construction sites is not
considered the responsibility of the Contractor if located within five hundred (500)
feet of a construction site. However, the Contractor is required to totally clean all
dirt and debris carried by traffic to areas beyond this limit. Storm clean up and
sweeping must be completed as soon as possible. Night sweeping may be
permitted for normal storm cleanup, if authorized by the City.
P. Records and Reports
The following reports shall be submitted to the City each month along with the
invoice for services.
1) Monthly Log Report. The Contractor shall keep a daily log of all streets
swept, including the name and location of the streets and the number of curb-
miles swept, along with a description of any special services performed. The
log shall be signed by the Supervisor on a daily basis. Each month, a report
shall be prepared from the daily log giving a brief description of all routine
special and emergency activities.
2) Emergency Calls. The Contractor shall maintain a positive recording of all
emergency service calls, by telephone recording device or by a time punch-
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type trouble ticket. Such information shall be entered on the monthly log
report.
3) Amount of Debris. The Contractor shall maintain a separate measurement
and record detailing the amount of debris collected during sweeping
activities. This information, required as part of the City's NPDES permit,
must be submitted to the City each month in a tabulated, easy to read format.
4) Recycled Debris. The Contractor shall maintain a separate measurement
and record detailing the amount of debris deposited at a composting or
recycling facility. The record shall also identify the name and address of the
facility. This information shall be submitted to the City in a tabulated, easy to
read format.
5) Complaints. Complaints received by the City regarding the Contractor's
performance will be transmitted to the Contractor's office in writing, by
telephone, or email, and handled by the Contractor's Supervisor. All
complaints are to receive a follow-up response within twenty-four (24) hours
following notification of the Contractor. A report of the Contractor's
investigation and the corrective action taken shall be made promptly by the
Contractor to the Public Works Director. Repeat complaints may be handled
by a joint visit to the site by a City Inspector and Contractor's Supervisor.
Complaints received directly by the Contractor shall be submitted in writing to
the City on the day such complaints are received. Contractor shall maintain
a log of complaints received and corrective actions implemented which shall
be submitted to the City each month.
Q. Restoration and Repair, Obstructions and Clean Up
The Contractor shall become familiar with all existing installations, both public and
private, on the work site and shall provide adequate safeguards to prevent damage
to existing structures and improvements. All fences, wall, slopes, landscaping, and
other obstructions which are remove, damaged, or destroyed in the course of work
shall be replaced and/or repaired, at the Contractor's expense, to the original
condition and to the satisfaction of the City. Failure to have such damages repaired
in a timely manner will result in the City deducting from the Contractor's payment
the cost to perform the necessary remedial work.
R. Miscellaneous Safety and Other Regulations
1) Equipment and Vehicle Defects. All equipment or vehicle defects disclosed
by any governmental official and not requiring immediate correction shall be
corrected by the Contractor within two (2) weeks of notification.
2) Warnings. Contractor shall use light warnings instead of loud sound signals
except where required by law for the protection of personnel.
14
Request For Proposal - Street Sweeping Services
Page 15
3) Water for Dust Control. The Contractor shall provide sufficient water for use
street sweeping operations to maintain a near dustless condition. Water for
this use will be made available by the City at no cost to the Contractor. All
water provided by the City must be metered by devices loaned to the
Contractor. Contractor shall bring any such metering devices to the City's
Public Works Yard to be read at a date to be determined by the Public Works
Director. Contractor shall comply with all rules and regulations of the City
relating to the use of water. Failure to comply may result in the City's refusal
to furnish water to the Contractor.
S. Cooperation with Utility and Other Companies
Work within the City by utility and construction companies may be progressing
concurrently with the work under this Agreement. It is the responsibility of the
Contractor to be informed of work planned by these parties and to coordinate street
sweeping work accordingly.
T. City Special Events
Contractor will provide street sweeping services free of charge in conjunction with
up to four (4) City sanctioned special events each year. These events may include
the City's Independence Day/41h of July Parade and Festival (July each year), the
Citywide Yard Sale (March each year), the City's Oktoberfest Celebration (October
each year), and the City's Lunar New Year Celebration (January each year).
U. Contract Term
The term of the contract shall be for a period of three (3) years, with an option for
renewal for two (2) one-year extensions, on an annual basis, based on the
contractor performance. The City reserves the right to unilaterally terminate the
Agreement at any time upon thirty (30) days written notice to the contractor.
After the initial three (3) year contract, the City has the option to renew the contract
for two (2) one-year extensions, in one (1) year increment. If the City chooses to
extent the contract, a formal letter will be sent to the contractor advising contractor
of the one (1) year extension. This process will be used for each of the optional two
(2) years. In determining whether the Agreement should be extended, the City will
evaluate the performance of the contractor and determine whether the contractor's
performance is satisfactory.
New street sweeping areas, as developed or assumed by the City, may be added to
the Service Agreement. Such additional scope of work will be considered change
orders to the initial contract, and the value will be based on service unit prices
provided in Attachment C, if applicable, and/or negotiated between the two parties
of the contract.
15
Request For Proposal - Street Sweeping Services
Page 16
REQUIRED CONTRACT REPORTS
A. Monthly/ Weekly Service Report
B. Monthly/ Weekly Performance Report
C. Monthly/ Weekly Green Waste Recycling/ Diversion Report
D. Emergency Calls Log
E. Complaint Log
Attachment A
Attachment B
Attachment C
Attachment D
LIST OF ATTACHMENTS
Service Location/ Total Cost
Street Sweeping Schedule Map
Service Unit Prices
Draft Agreement
16
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THURSDAY, 10am to 2pm
THURSDAY, 6am to 10am
7 TUESDAY, 10am to 2pm
TUESDAY, eam to 10am
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Request For Proposal - Street Sweeping Services
Page 17
ATTACHMENT A
SERVICE LOCATIONS/ TOTAL COST
Service Type
Curb Miles
Frequency
Monthly
Cost Annual Cost
1
Residential and Median Street
Sweeping
147
Weekly
2
Commercial Street Sweeping
17
Twice
Weekly
Totals:
Total Monthly Cost: $
Amount In Words
Total Annual Cost: $
Amount In Words
17
Request For Proposal - Street Sweeping Services
Page 18
ATTACHMENT B
Street Sweeping Schedule Map
18
Request For Proposal - Street Sweeping Services
Page 19
ATTACHMENT C
UNIT PRICES
The contractor agrees that for requested and/or required changes in the scope of work,
including additions and deletions on work not performed, the contract sum shall be
adjusted in accordance with the following unit prices.
II. Contractor is advised that the submitted unit prices will be used as one of the
determining factors in the contract award. Unreasonable prices may result in rejection
of the entire bid proposal. Unit prices listed below refer to all items installed, including
but not limited to, materials, labor, overhead, and profit for the contractor.
III. The unit price quoted by the contractor shall be those unit prices that will be charged or
credited for labor and materials to be provided regardless of the total number units
and/or amount of labor required for added or deleted items of work.
IV. All work shall be performed in accordance with specifications or otherwise herein
specified. Workmanship shall be in accord with the best standard practices
FUNCTION COST/UNIT OF MEASURE
Additional Street Sweeping Services
During Regular Business Hours: $ PER CURB MILE
Emergencies During Regular Business Hours: $ PER HOUR
Emergencies After Regular Business Hours: $ PER HOUR
19
Contractor List
Vendor
Athens Disposal
city
Industry, CA
Clean Street
R.F. Dickson and Co. Inc.
Gardena, CA
Downey, CA
Nationwide Environmental Services Norwalk, CA
Yes: Arrnenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
G. Contract Extension with Clean Street, Inc. to Provide Street Sweeping
Services
The City of Rosemead provides stre
agreement with Clean Street. Thep
standards including service levels, d
and reporting requirements. Per the
least once weekly, Monday through
Trough a contractual
;hides performance
equipment standards,
eets will be swept at
On June 9, 2009, the City
services agreement with C
2009. At this meeting the
extending the existing ser
increases. Staff met with
to the City's request.
Council Member S
discussion of going
whether or not this
back to Council. Mi
ended the City's current street sweeping
for a six-month term through December 31,
1 asked staff to discuss the possibility of
Went with Clean Street with no future rate
ves from Clean Street and they have agreed
ncil authorize the City Manager to execute a
an Street for street sweeping services.
ht up on June 9m and at that time there was
bring back some information to discuss
ie current contract; this was never brought
item because he felt Council was not given
e was that staff goes out to bid because
Setting the best bang for its buck.
was that the current contractor had to
Taylor stated he understood what Mr. Ly
red for negotiation of an extension. At this
t he did not know of any other places the
City Manager Jeff Allred stated that Clean Street indicated that there would be no cost increase.
Council Member Polly Low stated that if this is sent out to bid the City might get a better price;
she stated she understood the argument of keeping this price for the next three years but she
added that 0 they received a better price then the City would have a lower cost for the next three
years.
Rosemead Cty Counal McNkV
Mintdes of November 17, 2009
Page 41 of 44
out to bid for this. Staff was due to
City Manager Jeff Allred stated that there was a high level of satisfaction with Clean Street's
services.
Mayor Pro Tom Gary Taylor stated that if the City went out to bid it would be a tossup; he added
that in the contractor's favor the City had already negotiated a contract with him in good faith.
Council Member Polly Low stated if it was possible to extend the contract for 6 months so that
staff could workout the bidding process.
Deputy Director of Public Works Chris Marcarello replied yes; that would help and it would give
staff in opportunity to put the bids process together and bring it back to Council.
Mayor Pro Tem Gary Taylor asked what the total of the contract was. -
Mr. Marcarello replied $217,384.
with
faith effort. Staff had
ain and the City accepted.
Mr. Taylor stated he did not feel comfortable
negotiated with the contractor and he in gm
Now Council is stating that they don't like the
Council Member Steven Ly made a
authorize the city staff to negotiate
and begin an RFP process. Vote re
8.
Member Polly Low to
intract with Clean Street
of Understanding
The City Council will consider the renewal and updated provisions of the City's
agreement with the Rosemead Chamber of Commerce (the Chamber). The City's
existing Memorandum of Understanding (MOU) with the Chamber has not been
updated or renewed in many years. Under the updated MOU, the Chamber will
continue to promote the City as an advantageous location for business, industrial,
residential, and recreational activities to the business community, residents,
potential residents, visitors, and students. The updated Scope of Service includes
activities that aim to increase Chamber membership, so that the Chamber can
become self-sustaining through membership dues.
Recommendation: That the City Council review and approve the MOU for the
Chamber's services.
Rosemead Coy Council Meeting
Mintdes of November 17, 2009
Page 42 of 44
CITY OF ROSEMEAD
STREET SWEEPING SERVICES AGREEMENT
PARTIES AND DATE
This Agreement is made and entered into this by
and between the City of Rosemead, a municipal organization organized under the laws
of the State of California with its principal place of business at 8838 E. Valley Blvd.,
Rosemead, California 91770 ("City") and with its principal
place of business at ("Contractor"). City and
Contractor are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. RECITALS
2.1 Contractor.
Contractor desires to perform
certain professional services required
in this Agreement. Contractor repre
Sweeping services to public clients, is
with the plans of City.
responsibility for the provision of
the terms and conditions set forth
it it is experienced in providing Street
in the
3.
and Term.
of California, and is familiar
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional Street
Sweeping services necessary for the Services ("Services"). The Services, or scope of
work are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. Unless earlier terminated in accordance with Section 16 of
this Agreement, the Term of this Agreement shall be for a period of three (3) years, with
option for renewal for two (2) one-year periods, on an annual basis, based on the
Contractor performance. The Term shall commence after City Council approval, upon
receipt and approval of all required bonds and insurance and final execution of the
Agreement by both parties, hereby set on: November 1, 2009
D-1
New additional Street Sweeping needs, as developed or assumed by the City, may be
added to the maintenance Agreement. Such additional scope of work will be considered
change orders to the initial Agreement, and the value will be based on unit prices provided
in Exhibit D, if applicable, and/or negotiated between the two parties of the Agreement.
In compliance with all terms and conditions of this Agreement, Contractor shall perform the
Street Sweeping and maintenance services specifically described in, and in strict
compliance with the requirements of Exhibit A (Scope of Work). The locations and
addresses of the City buildings, facilities and parks are listed in Exhibit B. The services
shall be performed at least as frequently as specified in Exhibit C (Maintenance Frequency
Schedule). The City shall have the right to alter the frequency of maintenance as
necessary to ensure highest industry standards of maintenance, as long as the total hours
required performing the work remains the same. Maintenance of areas can be substituted
at the request of City as long as the total hours required performing the work remains the
same. Maintenance unit prices and costs are contained in Exhibit D (Bid Unit Prices).
Exhibit E is a copy of the Contractor's proposal and Request For Proposal and is hereby
included as part of this Agreement. All of the Exhibits are considered to be a part of, and
incorporated into, this Agreement by reference.
As a material inducement to the City ent(
and warrants that Contractor is a provider
experienced in performing the work and s,
status and experience, Contractor coven
standards in performing the work and sere
be of good quality, fit for the purpose into
phrase "highest professional standards" st
by one or more first-class firms performing
into this Agreement, Contractor represents
,t class work and services and Contractor is
:s contemplated herein and, in light of such
that it shall follow the highest professional
equired hereunder and that all materials will
J. For the purpose of this Agreement, the
can those standards of practice recognized
ar work under similar circumstances.
of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and
control. Contractor shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
D-2
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "C" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's
submittals in a timely manner. Upon request of City, Contractor shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contractor has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Contractor
may substitute other personnel of at least equal competence upon written approval of
City. In the event that City and Contractor cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Services or a threat to the safety of
persons or property, shall be promptly removed by the Contractor at the request of the
city.
3.2.5 City's Repr
Services Superintendent, or hi:
performance of this Agreement
have the power to act on bet
Contractor shall not accept dire
Representative or his or her des
asentative. The City hereby designates the Public
or her designee, to act as its representative for the
("City's Representative"). City's Representative shall
calf of the City for all purposes under this Contract.
,ction or orders from any person other than the City's
gnee. -
3.2.6 Contractor's Representative. Contractor hereby designates
as its designee, to act as its
representative for the performance of this Agreement ("Contractor's Representative").
Contractor's Representative shall have full authority to represent and act on behalf of
the Contractor for all purposes under this Agreement. The Contractor's Representative
shall supervise and direct the Services, using his best skill and attention, and shall be
responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
Contractors and other staff at all reasonable times.
3.2.8 Standard of Care, Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Contractor represents and maintains
D-3
that it is skilled in the professional calling necessary to perform the Services. Contractor
warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Contractor represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including
a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions
of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Contractor's failure to comply with the standard of care
provided for herein. Any employee of the Contractor or its sub-Contractors who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the services, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall be promptly removed by the Contractor andshall not be re-employed to
perform any of the Services or to work as part of this Agreement.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance the Services, including all Cal/OSHA requirements,
and shall give all notices required by I
such laws and regulations in connecti
work knowing it to be contrary to suc
written notice to the City, Contractor
therefrom. Contractor shall defend,
w. Contractor shall be liable for all violations of
n with Services. If the Contractor performs any
laws, rules and regulations and without giving
shall be solely responsible for all costs arising
ndemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
Insurance.
3.2.10.1 Time for Compliance. Contractor shall maintain prior
to the beginning of and for the duration of this Agreement insurance coverage as
specified in Exhibit F attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which the
work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
D-4
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit B attached hereto and incorporated herein by reference. The total
compensation shall not exceed per year without
advance written approval of the City. Extra Work may be authorized, as described
below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement (Exhibit C), or based a on mutual agreement in case that the extra work is
not included in Exhibit C. Y
3.3.2 Payment of Compensation. Contractor shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Contractor. The statement shall describe the amount of services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.3.3 Reimbursemen
for any expenses unless authorized
~s. Contractor shall not be reimbursed
city.
3.3.4 Extra Work. At
may request that Contractor perform Extra V
any work which is determined by City to be
work, but which the parties did not reason,
execution of this Agreement. Contractor sl
Extra Work without written authorization from
of this Agreement, City
yin. "Extra Work" means
ssary for the proper completion of the
anticipate would be necessary at the
dot perform, nor be compensated for,
's Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance". If the Services are being performed
as part of an applicable "public works" or "maintenance", as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully
comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of
the prevailing rates of per diem wages in effect at the commencement of this
Agreement. Contractor shall make copies of the prevailing rates of per diem wages for
each craft, classification or type of worker needed to execute the Services available to
interested parties upon request. Contractor shall defend, indemnify and hold the City,
its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
3.4 Accounting Records.
D-5
3.4.1 Maintenance and Inspection. Contractor shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Contractor shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for
to Contractor, terminate the whole or any part of
cause by giving written notice to Contractor o'
effective date thereof, at least seven (7) da,
termination. Upon termination, Contractor shall I
which have been adequately rendered to City,
further compensation. Contractor may not termir
City may, by written notice
rent at any time and without
nination, and specifying the
the effective date of such
sated only for those services
actor shall be entitled to no
~reement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Agreement. Contractor shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may be appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Public Services Manager
D-6
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Contractor under
this Agreement ("Documents & Data"). Contractor shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Contractor
represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Contractor
or provided to Contractor by the City. City shall not be limited in any way in its use of
the Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Contractor in connection with the performance of this Agreement shall be held
confidential by Contractor. Such materials shall not, without the prior written consent of
City, be used by Contractor for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services. Nothing furnished to Contractor which is
otherwise known to Contractor or is generally known, or has become known, to the
related industry shall be deemed confidential. Contractor shall not use City's name or
insignia, or any publicity pertaining to the Services in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such
action.
D-7
3.5.6 Indemnification. Contractor shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of
Contractor, its officials, officers, employees, agents, Contractors and contractors arising
out of or in connection with the performance of the Services or this Agreement,
including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Contractor shall defend, at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, agents or volunteers, in any such suit, action or other legal
proceeding. Contractor shall reimburse City and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Contractors. City reserves right to
employ other Contractors in connection with Street Sweeping Services.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Contractor include all
personnel, employees, agents, and subcontractors of Contractor, except as otherwise
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specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or
intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. T
beneficiaries of any right or obligation assumed by the
3.5.17 Invalidity; Severability. If any I
invalid, illegal, or otherwise unenforceable by a
remaining provisions shall continue in full force and
are no intended third party
of this Agreement is declared
of competent jurisdiction, the
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has
not employed nor retained
working solely for Contract
warrants that it has not paic
a bona fide emplo,
brokerage fee, gift
making of this A,
employees or sub-
Filing Officer as ri
breach or violation
it agreed to pay any company or person, other than
y for Contractor, any fee, commission, percentage,
3tion contingent upon or resulting from the award or
ractor further agrees to file, or shall cause its
, a Statement of Economic Interest with the City's
ite law in the performance of the Services. For
City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination. Contractor shall also
comply with all relevant provisions of City's Minority Business Enterprise program,
Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
any company or person, other than a bona fide employee
)r, to solicit or secure this Agreement. Further, Contractor
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undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not
portion of the work required by this Agreement, except as express
without prior written approval of City. Subcontracts, if any, shall co
making them subject to all provisions stipulated in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to
day and year first written above.
Q_
Ahhh.'
LIST OF EXHIBITS
Exhibit A Scope of Work
Exhibit B
Exhibit C
pct any
herein,
on the
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CITY OF ROSEMEAD
A Municipal Corporation
Approved by:
Jeff Allred
City Manager
ATTEST:
CITY
APPROVED AS T
CITY ATTORNEY
Reviewed and Accepted by Contractor:
Signature
By:
Name
By:
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I e
EXHIBIT
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Contractor agrees to amend,
supplement or endorse the existing coverage to do so. Contractor acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Contractor shall provide the following types and amo
Commercial General Liability Insurance using Insur
General Liability" policy form CG 00 01 or the exact
paid in addition to limits. There shall be no cross liat
one insured against another. Limits are subject to
$1,000,000 per occurrence.
insurance:
:es Office "Commercial
Defense costs must be
)n for claims or suits by
in no event less than
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto). or the exact equivalent. Limits are subject to review, but in no
event to be less that $1,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos
in any way as part of this Agreement, Contractor shall provide evidence of personal
auto liability coverage for each such person.
Workers Compensation on a state=approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contractor and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A. M. Bests rating of A- or better
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and a minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insured City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right
of subrogation prior to a loss. Contractor agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and" available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
,'additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Contractor or deducted from sums
due Contractor, at City option.
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8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City 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, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that sub-contractors, 'and` any other party involved
with these services, that is brought onto or involved in these services by
Contractor, provide the same minimum insurance coverage required of
Contractor. Contractor agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Contractor agrees that upon
request, all agreements with subcontractors and others engaged in these
services will be submitted to City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work contemplated by
this agreement to self-insure its obligations to City. If Contractor's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
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15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. 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. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' cc
obligations of Contractor under this
to use any statutory immunity defer
employees, officials and agents.
18. Requirements of specific coverage features or li
not intended as limitations on coverage, limits
waiver of any coverage normally provided by ar
to a given coverage feature is for purposes of c
given issue, and is not intended by any party
inclusive.
similar act will not limit the
itractor expressly agrees not
laws with respect to City, its
in this section are
or other requirements nor as a
given policy. Specific reference
arification only as it pertains to a
or insured to be limiting or all-
19.These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such. w
20. The requirements in this Section supersede 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.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with this Agreement reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this agreement. City assumes no
obligation or liability 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.
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