The URL can be used to link to this page

CC - Item 4H - CPI Adjustment, Street Sweeping Services6 0 TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY-1$Q1 vov~ MANAGER FEBRUARY 21, RE: APPROVAL OF CPI ADJUSTMENT FOR CALIFORNIA STREET MAINTENANCE AND AUTHORIZATION TO ADVERTISE FOR REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES California Street Maintenance has been providing street sweeping services to the City since 1990. The City's current contract with California Street Maintenance allows for the contractor to request an annual contract extension and cost-of-living adjustment. Since January 3, 2004, Clean Street has been providing services on a month-by-month basis without any cost-of-living increases. This arrangement was made during a time when prevailing wage mandates for street sweeper drivers were in place and the need existed to solicit cost proposals for street sweeping based on payment of prevailing wages. The prevailing wage rules were subsequently rescinded and Clean Street has continued to provide service at rates last granted by the City Council on June 24, 2003. Due to recent increases in fuel costs, Clean Street has requested a cost-of-living increase. When an existing contract is extended or renewed as well as when a new contract is awarded for street sweeping services, AQMD rules now require that street sweeping fleets be converted to clean fuel burning fleets. Therefore, any contract amendment to Clean Street's contract would require substantial changes in scope such as the need to replace its fleet of sweepers in Rosemead with clean fuel burning sweepers. Additional costs passed through to the City for clean fuel burning sweepers, coupled with the recent increases in fuel costs, would be much more than a standard CPI cost increase alone, but rather on the order of $3,000 to $5,000 per month. Thus, it will be necessary to advertise for bids for street sweeping services compliant with AQMD rules in order to comply with the City's purchasing ordinance. COUNCIL AGENDA 2/28/06 Item No: IV - CC- H TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CIT U IL FROM: V111~11 MANAGER DATE: FEBRUARY 21, 2006 RE: APPROVAL OF CPI ADJUSTMENT FOR CALIFORNIA STREET MAINTENANCE AND AUTHORIZATION TO ADVERTISE FOR REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES California Street Maintenance has been providing street sweeping services to the City since 1990. The City's current contract with California Street Maintenance allows for the contractor to request an annual contract extension and cost-of-living adjustment. Since January 3, 2004, Clean Street has been providing services on a month-by-month basis without any cost-of-living increases. This arrangement was made during a time when prevailing wage mandates for street sweeper drivers were in place and the need existed to solicit cost proposals for street sweeping based on payment of prevailing wages. The prevailing wage rules were subsequently rescinded and Clean Street has continued to provide service at rates last granted by the City Council on June 24, 2003. Due to recent increases in fuel costs, Clean Street has requested a cost-of-living increase. When an existing contract is extended or renewed as well as when a new contract is awarded for street sweeping services, AQMD rules now require that street sweeping fleets be converted to clean fuel burning fleets. Therefore, any contract amendment to Clean Street's contract would require substantial changes in scope such as the need to replace its fleet of sweepers in Rosemead with clean fuel burning sweepers. Additional costs passed through to the City for clean fuel burning sweepers, coupled with the recent increases in fuel costs, would be much more than a standard CPI cost increase alone, but rather on the order of $3,000 to $5,000 per month. Thus, it will be necessary to advertise for bids for street sweeping services compliant with AQMD rules in order to comply with the City's purchasing ordinance. • i February 21, 2006 Page 2 During the process of advertising for bids and award of a new street sweeping contract, Clean Street will continue to provide street sweeping services. Therefore, granting a CPI adjustment of 7.5 percent (July 2003 through July 2005) to Clean Street retroactive to July 1, 2005, is warranted. Based on the current rate of $13,019.14 (which was approved by City Council on June 24, 2003, and effective July 1, 2003), the new monthly rate would be $13,995.56. Attached for the Council's review is a copy of the original agreement between the City and California Street Maintenance and the 2000 amendment, and the CPI table. Attached is a draft Notice Inviting Bids for street sweeping for your review and approval. It is anticipated that the new contract for street sweeping services will be effective July 1, 2006. It is recommended that the Rosemead City Council approve a 7.5% CPI adjustment for California Street Maintenance retroactive to July 1, 2005 and authorize staff to advertise for bids for street sweeping services compliant with AQMD rules. Attachment Bureau of Labor Statistics 4~ • Page 1 of 1 U.S. Department • of Labor ` Bureau of Labor Statistics Bureau of Labor Statistics Data www.bis.gov J Search I A-2 Index BLS Home Programs & Surveys I Get Detailed Statistics Glossary What's New Find It! In DOL Change Output From: 2-00-3--T To: 2006 Options: r include graphs NEWI More Formatting options uslop. Data extracted on: February 22, 2006 (5:58:09 PM) Consumer Price Index - All Urban Consumers Series Id: CUURA421SAO Not Seasonally Adjusted Area: Los Angeles-Riverside-Orange County, CA Item: All items Base Period: 1982-84=100 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HA 2003 185.2 186.5 188.2 187.6 186.4 186.3 186.3 186.9 188.2 187.8 187.1 187.0 187.0 18, 2004 188.5 190.1 191.5 191.9 193.3 193.7 193.4 193.1 194.5 196.3 196.9 195.2 193.2 19 2005 195.4 197.4 199.2 201.1 201.5 200.7 201.4 203.1 205.8 206.9 205.6 203.9 201.8 19' 2006 206.0 Frequently.Asked Questions Freedom of Information-Act I Privacy_&_Security Statement I Linking to Our Site I Accessibility U.S. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Fax-on-demand: (202) 691-6325 2 Massachusetts Ave., NE Data questions: blsdata_staff@bls.gov Washington, DC 20212-0001 Technical (web) questions: webmaster@bls.gov Other comments: feedback@bls.gov http://data.bls.gov/PDQ/serviet/SurveyOutputServlet 2/22/2006 • 0 1990 bezween a a Janaary, This ?:ire_me: t dated t: is 2nd day O ~ation and CA:r FORhTIA STP-EET the CITY CF RCSF?~i~kD, a municipal corpo_ N'-.=NT%rZNC= fcrnia Coraoration. The pasties hereto agree as follows: Cph*Tp?;CTGR shall f 1rnish the serrice and materials called for 1 specifications a=~tached hereto and inc:_perated by in the bid this reference. 2. CITY shall compensate CONTRACTOR at the rates specified in their proposal, a copy of which is attached hereto and incorporated by this reference. CITY OF ROSEFL-.EAD 7 3Y C NLa Y OR ATTEST: CI i v CTZ-R'4 C -r ? FOF,NIA S'I'R= ET 0 EXTENSION OF 2~GREEM ENT m IS EXTENSION O: AG7- :._NT is entered into effect the 3rd ca: of January-, 19°3, by and between the CITY OF ROSEMEAD, a municipal ccraoration (hereinafter "CITY") , and CALIFORNIA STREET 1,l=2\TT ENANCE -(hereinafter "CONI RACTOR") . W"rREAS , the parties have executed an Agreement dated January 2, 1990, in which CITY agrees to contract with CONTRACTOR for the performance cf certain street sweeping services; and A"ME?.EAS, a true and correct copy of said Agreement is attached hersto and incorporated herein by this reference; and UTHEREAS, the Agreement of January, 1990 provides for an extension of said Agreement fcr a period of three years; and W-H-EREAS, C0,977RACTOR has thus far satisfactorily performed t:^.e services set crth in the Agreement dated January 2, 199 0 ; and CONTr;CT3R has of f erect to perf orzn the services reau'red in the Agreement fcr three (3) additional years un3er the terms and ccn-it_ons specified in the Agreement date- Jaru_ry 2, 1990. • --n c.~-r_F-rLm~,~7~y :C~ cmr..^T cy,:t'='~_NG C. ~~TCES Contra= _or sha_' l , in person or by his agent, investigate any C3mcl-_nt5 w'-1on may concern, or be involved in, the performance of phis contract.. Contractor shall report tc the City Manage--, cr his designate, the following working day as to the action cr procedu_re _aken with reference to any complaints, and when necessary, comple-.e the citizen request form w'nich will remain on file at Rosemead City Mall SCHEDULE A11 street sweeping shall be performed in accordance with AT'TAC'fT.F.D EkaiIBIT A. The time schedule shall be coordinated with refuse collection and shall follow one day after the trash pick-up. All commercial streets shall be swept between the hours of midnight and 6:00 a.m. After sweeping, curbs and gutters shall be 'Left in a clean condition. A clean condition is defined as the absence of residue in the streets and gutters upon the completion of the sweeping operation. The sweeping shall include as many passes as are necessary to leave the street in a clean condition. Debris collecting as the result of regular sweeping and/or automobile traffic shall be swept upon the request of the City Manager of his designate. COMIERCIAL STREETS The following commercial streets are to be swept two times each week (days of work to be designated by City, and may be subject to periodic changes). Mission Drive (Western City Limits to Valley Boulevard - Valley Boulevard (Western City Limits to Eastern City Limits) Garvey Avenue (Western City Limits to Eastern City Limits) - Temple City Boulevard (North City Limit to San Bernardino Freeway) Town Center Drive (San Gabriel Boulevard to Montebello Boulevard) - San Gabriel Boulevard (Western City Limits to Pomona Freeway) Del Mar Avenue (San Bernardino Freeway to Graves Avenue) New Avenue (East side from Garvey Avenue to Graves Avenue) San Gabriel Boulevard (Northern on-ramp of San Bernardino Freeway to Rush Street) Rosemead Boulevard (Southern City Limits to Northern City Limits) ALLEYS Sweep all dedicated, paved alleys the first week of each month on a regular oasis, or provide a program which will result in all dedicated alleys being swept at least once a month. ?3J KING LOTS c„e c the _following parking lots once a week on a regular basis: ose:nead ?ark, Lapopan Community Center, The Civic Center, Rosemead Com-nun.ity Center, and Garvey Park. All parking lots shall be swept bs:ween the hours cf 2:00 a.m. and 6:00 a.m. 0 0 bed in Sweep all paved and de:icatec streets which are not desc_l these specif_cati.ons as Iasiazntiel streets. x:11 res4den-_al 5Z rect5 -ra -o be swept once ez'ery week: during the hours posted on each street. D= I,AyS IN SR-EPING SC-iEDJLE During inclement weather, the contractor is not required to sweep or otherwise make up sweeping. The contractor will be required to sweep at the discretion of the City Manager to assist with storm damage. Streets, whose sweeping schedules fall on holidays recognized by the City of Rosemead, are not required to be swept or otherwise made up. SWEEPING CENTER MEDIANS Contractor shall sweep the center strip or median of the following streets at least once a week, to include the intersections of the major cross streets: Valley Boulevard (Eastern City Limits to Rubio Wash Bridge) ' - Garvey Avenue (Eastern city Limits to New Avenue) G San Gabriel Boulevard (Northern San Bernardino Freeway access to Graves Avenue) - San Gabriel Boulevard (West City Limits to Pomona Freeway) Walnut Grove Avenue (Valley Boulevard to Rush Street) Del Mar Avenue (Hellman Avenue to Graves Avenue) Rosemead Boulevard North City Limits to South City Limits) - Town Center Drive (San Gabriel Boulevard to Montebello Boulevard) APPROXIMATE STPFFT MILES Residential 74.27 Alley 3.00 Commercial 13.18 ,DDITION OF NEW S'i'r.' ETS Any streets added to the City during the term of the agreement, either by new construction or annexation, shall be swept according to the appropriate schedule beginning as soon as such streets are accepted officially by the City. i 0 The cont. actor si.all fay LhFui i}- and rem ala_ 1': provide ser-~ _ce _n ac^oru_nce M_th an agre~The wor}_ shall be done ,n a prompt, :.hcr oua,n , lawful and wor}manl i ke ma- ri accor n- -:.o the prOV=51GI S cf yids agreement. Perf_-_=,a_ce of each pro,, isior, of the agreement shall be under f the C t s N.anaGer or his 5 deslgna ,e, the superv 4 s~on c~ to see that the service is carried out by, the contractor per agreement. DISPOSAL OF S•v EPING Contractor shall dispose of all refuse collected by hauling the same to legally established dumps. Refuse shall not be stored on.the street or dumped within City limits, but shall be loaded immediately into trucks for disposal. HATER The Contractor shall provide, at his ok-n expense, sufficient water for the street sweeping equipment, necessary to comply with these specifications. The Contractor will have to make his/her own arrangements with the water companies for connection services. M I PMENT _ To determine that contractor's equipment is safe and dependable, each bid shall include a list of the equipment to be used within the City of Rosemead. The equipment list shall include the following information for each piece of equipment: (I) Repair schedule and list of prior maintenance performed (ii) Total number of miles or hours each vehicle has been in service (?II) Date equipment was acquired by contractor (IV) Specification of whether equipment was new or used at date acquired Contractor shall utilize TYMCO 600 Vacuum Sweepers (or equivalent, as determined by the City of..Rosemead), model year 1989 or newer, as primary equipment. Backup or "standby" equipment of same model listed shall be made available at all times, resulting in uninterrupted levels of service in times of breakdown. No sweeper utilized in the City of Rosemead ucldg ~ A-11 sweepers utilized shall shall be more than t_nree (3) years be equipped with "Mobile Radios." • 0 The equipment used by t e Contractor in performance cf t:Z_s Air_emer.t shall be properly maintained, both as to condition and appearance, and have sweeping capability so as.--:) ensure a high level cf street sweeping services. The Contractor shall nave the ability i.--house to perform all necessary repairs on such equipment. The Contractor shall have sufflclent additional sweeper(s) , a m4.nlmum Of one (1) , So that if a unit breaks down, a replacement unit is immediately available. COMPLIANCE WITH LAWS 1 The contractor, at all times, shall be fully insured, at this own expense, including all persons employed by him in connection with the contract, as required by war}moan's Compensation Insurance and all applicable State and Federal Employment contractor shall abide by the provisions of the California occupational Safety and Health Act (OSHA), and shall hold the city free and harmless from all liabilities that may arise by reason of injuries to any employees of contractor who are injured while performing any work or labor necessary to carry out the provisions of the agreement. The contractor shall, during the life of the agreement, keep on file with the City, evidence that the contractor is fully and properly insured as required by said Act. Failure to comply with this provision shall be cause for revocation of said agreement. 2. The successful bidder will be required to provide at his own expense, public liability insurance during the term of the agreement in an amount not less than $1,000,000 for injuries,. including accidental death, and property damage coverage in the amount of not less than $1,000,000. 3. The policies required by the above shall be subject to the approval of the city Attorney as to their form and sufficiency. 4. Contractor will be required to indemnify and hold harmless the city and its officers and employees from any claims, damages, or ey-:~enses, including attorney's fees and court costs, arising out cf contractor's performance under the agreement to be awarded to the successful bidder. EXPERIENCE The Contractor must possess a minimum of five (5) years contract municipal street sweeping experience. Contractor shall provide the Cite of Rosemead with the names, contact persons, and phone numbers of those cities with whom he/she has contracted for sweeping services -4- 0 0 .G;^i t~'zCt:rr SIia, 1 secure and d='_ 1 v er to the City cf Rosemead a good and s::ff_cient surety bond, to be approved by the city Clerk and the City Attorney, in the amount c° one months cost, to secure the full, :se and faithful performance of all terms, obligations, and be conditions to these specifications on the part of contractor to kept and performed; and contractor agrees to secure and present said bond for approval to the City Clerk concurrently with the execution of the agreement. BIDDER'S GU, .akNTEE P_11 bids shall be accompanied by a certified check, cashier's check., or bidder's bond, in the amount of one Thousand Dollars ($1,000). If not in the form of lawful money, such bond will require approval of the city Attorney before acceptance of the bid. PAYMENT TO CONTRACTOR Payment for services rendered per the specifications will be made at the first regular City Council meeting following the month during which services have been performed, provided that the specified reports have been submitted. SUB-CONTRACTORS The name, complete background and experience of any and every firm to ;which any work outlined in these specifications is to be sub-contracted by the person or firm to which the prime agreement is awarded must be submitted to the city Manager for his atbeoval. of Unless a sub-contract is approved by the City Manager, the prime agreement must do all the work outlined in these specifications, using his own equipment and personnel. It must be clearly understood that the holder of the prime agreement, entirely irrespective of any approved sub-contract, w -responsible for the quality and quantity of work done under the terms of the agreement. No sub-contract agreement to do any wort: outlined in these specifications is to run longer than one year, and the extension or renewal of any such sub-contract agreement can only be made with the approval of the City Tanager. The agreement will not be assignable in whole or part, without the express written approval of the City Manager. ' EPY OF ACREEMENT The Agreement awarded to the successful bidder underthosfrom the specifications shall be for a maximum of three (3) years date of execution by both the controller and the City, and may be extended for an additional three (3) years upon the mutual consent of both parties. This contract shall be subject to cancellation by either party, with thirty (30) days advance writ ten notice. -5- 0 • Centrac*_or aiav rea-sest an annual cost-of-living adjustment in accordance with the most current Consumer ?rice (C.I) fi~ares on the yearly anniversary of the date of execution of th_s Agreement, trovided that the cost-of-living adjustment does not exceed 5ro. ?A ENT FOR SERVICES Contractor shall submit a monthly invoice to the City for the street sweeping services indicated in Schedule 4l. The invoice shall specify the monthly charges for sweeping Commercial Streets, Alleys, Residential Streets, and Center Medians per these specifications. In the event any new streets are added, the invoice shall indicate that addition at the rate specified in Schedule #2. For further information concerning this bid, contact Jeff Stewart, Executive Assistant to the City Manager., -6- 0 F.-n PROPOSAL FORM SC HE DCLE 1 Commercial Streets $ 1- ."C!.00 Per Year (Including City Par):ing ;,ots) Allevs . . . . . . . . . . . . . . . . $ 4,050-00 Per Year resider. tial Streets . . . $ . . . . . . . . 100,350.00 Per Year Center Medians . . . . . . . . . . . . . . $ 6 770.00 Per Year Total $ 128,0050.00 Per Year SCHEDULE 2 In the event any new streets are added within the City of Rosemead, the monthly charge for each additional curb mile swept shall be: Curb mile per month BIDDER INFO M.A.TION $ 15.00 Name of Bidder California Street maintenance, Inc. Address: 19 g w 160th Stre-, Gardena, CA 90247 Telephone: ( 23.?' b 3 8- 5 8 Signature: E I . _rr,a:v Oiien 0 We .nter.'.^ to pur_-nase a new Tymco _00 1 Bcuulr 'wee Pe r mDC°1 year 19E°, for the pu pose Of this cOntract, wi t~,e city of ',osemead. v Gn~.DV 7'C, Orrlent A. Model year 1986, Tymco 600 Vacuum Sweeper. (I) Regular service at 200 hour intervals, complete overhall at 2000 hrs. (II). Total hours: 5609. (III). purchase date 198 ; purchased new. 3. Model year 1965, Tymco 600 vacuum Sweeper. (I) Regular service at 200 hour intervals, complete overhall at 2000 hours. (II). Total hours: 7800. (III). purchase da.e 1565; purchased new. C. Model year 1085, Tymco 600 Vacuum Sweeper (I). Regular service at 200 hour intervals, complete overhall at 2000 hours. (Ii). Total hours: 7100. (III), purchase date 1985; purchased new. D. Model year 196A , Tymco 600 vacuum Sweeper. (I), Regular service at 200 hour intervals. Complete over hall at 2000 hours. (II). Total hours: P600. purchase date ]964; pLrctB5ed new. 5"bCON ThAC^'O? S tractors wile -e .:sed by Californ.a S. - eet NO suhcon Main.enance, Inc. ~D Amendment to Agreement Between the City of Rosemead and California Street Maintenance, Inc. This Amendment made into this 24 h day of October 2000, by and between the CITY OF ROSEMEAD, a municipal corporation (hereinafter "CITY"), and CALIFORNIA STREET MAINTENANCE, INC. (hereinafter "CONTRACTOR'). WHEREAS, the parties have executed an Agreement dated, January 2, 1990, and extended said Agreement through January 3, 2001, in which CITY agrees to contract with CONTRACTOR for the performance of certain street sweeping services; and WHEREAS, a true and correct copy of said Agreement is attached hereto and incorporated herein by this reference; and WHEREAS, the CONTRACTOR has thus far performed the services set forth in the Agreement dated January 2, 1990 and in subsequent amendments, and WHEREAS, the CONTRACTOR has requested a three year extension to that agreement commencing January 4, 2001 under the terms and conditions specified in the Agreement dated January 2, 1990 and in subsequent amendments and NOW, THEREFORE, the parties agree: That the Agreement dated January 2, 1990 be amended as follows; I. All provisions, terms, conditions and requirements of the Agreement and amendments, shall continue in full force and effect, except as specifically amended below. U. The Section titled `iERivi OF AGREEMENT' shall be amended to read: `TERM OF AGREEMENT TE "This contract shall be for a period of three (3) years commencing on January 4, 2001 and ending on January 3, 2004. This contract shall be subject to cancellation by either parry, with thirty (30) days advance wT`1tten notice." 9 Amendment to Street Sweeping Agreement Page 2. E M. A new section entitled "COMPENS ATIO' shall be added to the Agreement as follows: COMPENSATION City agrees to pay CONTRACTOR, and CONTRACTOR agrees to accept a mor.thiv r4.e of 51.2,248.75 for 9 ser-,rices specified within this Agreement. IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO AGREEMENT on the date set forth below. DATE: CITY OF RO SEMEAD DATE MAYOR CALIFORNIA STREET MAINTENANCE, INC. A P IDENT • Date [company] Attn: Mr./Ms- Address City, CA 9----- u RE: Street Sweeping Services - Notice Inviting Bids (NIB) Dear Mr./Ms- The City of Rosemead is pleased to provide [company] with the enclosed Notice Inviting Bids for the City's Street Sweeping services. We look forward to receiving and reviewing your proposal. Should you have any questions or comments about the Street Sweeping NIB documents, please call me at (626) 569-2151. Sincerely, CITY OF ROSEMEAD Public Works/Engineering Department Enclosure Page 1 0 The City of Rosemead weekly street sweeping three years. Background • NOTICE INVITING BIDS FOR STREET SWEEPING SERVICES is requesting proposals from qualified contractors to provide services on all City streets. The duration of the contract will be The City of Rosemead supplements its right-of-way maintenance operations through the use of a contractor to provide street sweeping services. Currently, the City maintains approximately 159 curb miles within its public rights-of-way. 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. A map of the street sweeping schedule is provided on Exhibit "E" of the attached Contract Services Agreement. Street Sweeping Services The selected contractor shall be responsible for providing all labor and equipment necessary to perform street sweeping services on a weekly basis: A detailed scope of services is provided on Exhibit "A" of the attached Contract Services Agreement which: includes the following: ✓ Sweeping of 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. Starting Date The selected contractor will begin street sweeping services for the City on July 1, 2006 and continue through June 30, 2009. • Notice Inviting Bids 0 Street Sweeping Services Page 2 Qualifications To receive consideration, contractors must possess and demonstrate, as a minimum, the following qualifications, as well as any other qualifications that may be determined to be necessary and appropriate. These qualifications are further described in Exhibit "A" of the attached Contract Services Agreement. ✓ Previous experience in providing street sweeping services to municipalities and/or other government agencies. ✓ Efforts taken to encourage sweeper operator workforce stability and longevity to ensure quality control and safety of operation. ✓ By the time that services are to begin, own a sweeper fleet that includes: (1) a minimum of 5 vacuum-type sweepers; (2) broom-type sweepers to sweep wet areas; and (3) additional back-up sweepers sufficient in number to be used in cases of equipment failure or to meet the emergency demands of the City as more specifically set forth in Exhibit A to the Agreement. ✓ The sweeper fleet must be no more than four years old and shall conform to all AQMD regulations including, but not limited to, AQMD Rule 1186.1 and PM 10 Standards. ✓ The ability to provide easy availability and prompt response to City staff. ✓ The ability and resources to enter into and meet the conditions set forth in the attached Contract Service Agreement. Submittals Sealed bids Boulevard, shall be submitted to the Public Works Department, 8838 East Valley Rosemead, CA 91770 by 4:00 p.m. on , . All late proposals will be rejected. Five (5) copies of the written proposal are required, with all copies having been signed by the individual or company official authorized to bind the company to the proposal. The proposal shall include the following: A description of the contractor's experience. 2. A list of agencies serviced by the contractor including the name, title, and telephone number of the agency contact person. 3. A list of individuals who will be responsible for servicing the City's account including a Supervisor who will serve as the contractor's main point of contact. The list shall also include the description of responsibilities and resume for each individual. Page 2 • Notice Inviting Bids • Street Sweeping Services Page 3 4. An explanation of how and where street sweepings are recycled and an example of a monthly recycling report as described in Section 15 (E) of Exhibit A in the attached Contract Services Agreement. 5. A list of equipment assigned to the City of Rosemead. The list shall include the make, model, year, identification number, and equipment type. 6. A complete and executed Schedule of Compensation (Exhibit B). Selection Process Bids will be opened on at 2006 by the City Purchasing Officer The Public Works Department will review each bid and make a recommendation to the City Council as to the lowest responsible bidder. Qualifications and experience, along with the bid price will be considered in making this determination. The Contractor receiving the recommendation shall submit to the City all documents, insurance, and any other information required in accordance with the Contract Services Agreement. The Public Works Department is proposing that the City Council enter into a three-year contract with the lowest responsible bidder which agreement shall be substantially in the form attached hereto. The City Council reserves the right to reject any and all bids and to readvertise. The decision of the City Council shall be final. Page 3 • 0 CONTRACT SERVICES AGREEMENT FOR STREET SWEEPING SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this day of 20_, by and between the CITY OF ROSEMEAD, a municipal corporation, (herein "City") and [Company Name] (herein "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in, light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Compliance with Law. provided in accordance with all ordinances, of the City and any Federal, State or local effect at the time service is rendered. All services rendered hereunder shall be resolutions, statutes, rules, and regulations governmental agency having jurisdiction in 1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.4 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending Page 1 0 0 performance of the services under this Agreement. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.5 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.6 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000, whichever is less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 2.0 TERMITERMINATION 2.1 Term. Unless earlier terminated in accordance with this Section, this Agreement shall continue in full force and effect beginning July 1, 2006 and continuing through June 30, 2009. Upon expiration of the three year period, the parties may mutually agree to extend this contract for one year periods upon such terms and conditions as may be agreed upon. Should either party decide that it does not wish to continue this Agreement after such period of time, or any extension thereof, it shall provide a minimum of sixty (60) days written notice to the other party. 2.2 Termination Prior to Expiration Of Term. A. During the initial three year period and any extension thereafter, this Agreement may only be terminated for cause. For purposes of this Agreement, lack of funding on the City's part shall be considered grounds to terminate for cause. Disputes as to monies owed shall not be considered grounds to terminate for cause. Unless the City terminates the Agreement for lack of funding, this Agreement Page 2 shall not be terminated until after the parties have attempted to resolve the dispute pursuant to Section 8.2 of this Agreement. B. If the parties have not been able to successfully resolve a dispute pursuant to Section 8.2, this Agreement may be terminated upon ten (10) days written notice to the other party, provided that the City may terminate this Agreement with less notice if it determines such termination is necessary to protect the public health, safety and welfare. Upon receipt of any notice of termination by the City, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. In the case of termination, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Rate Schedule or such as may be approved by the Contract Officer, except as provided in Section 8.3. C. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 3.0 COMPENSATION/PAYMENT 3.1 Compensation. A. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Rate Schedule" attached hereto as Exhibit "B" and incorporated herein by this reference. Contractor shall not be entitled to any additional compensation for expenses. The Contract Sum shall include the attendance of Contractor at all project meetings and City Council meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. B. Upon written request made no later than April 30 of each year, Contractor shall be entitled to a cost of living adjustment based on the Consumer Price Index for All Urban Consumer (CPI-U) for the Los Angeles - Riverside - Orange County area for the preceding twelve-month period from March through March. 3.2 Invoices/Payment. Payment by City to Contractor shall be made upon receipt and approval of invoices for services rendered. In order for payment to be made, Contractor's invoice must include an itemization of services rendered and date of services. The invoice must be submitted on an official letterhead or invoice with contractor's name, address, and telephone number. Except as provided in Section 8.3, Page 3 City shall pay Contractor for all approved services within forty-five (45) days following receipt of the invoice or City shall provide Contractor with a written statement objecting to the charges and stating the reasons therefore. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Contractor shall not be entitled to any additional compensation for expenses. Contractor shall not receive any compensation for Additional Services without the prior authorization of the City as required by this Agreement. 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" included in Exhibit 'A" attached hereto and incorporated herein by this reference. 4.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 5.0 COORDINATION OF WORK 5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Name, Position Time, Day(s) of Week, (xxx) xxx-xxxx For emergencies during non-working hours, contact at home at (xxx) xxx-xxxx or page at (xxx) xxx-xxxx Page 4 0 0 5.2 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated in writing by the City Manager. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 6.0 INSURANCE AND INDEMNIFICATION 6.1 Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. No services under this Agreement shall commence until the contractor has provided the City with the required Certificates of Insurance or appropriate insurance binders evidencing the insurance coverage required by this Agreement. If at any time during the course of this Agreement insurance lapses for any reason whatsoever, Contractor shall cease to provide all services until appropriate insurance is obtained. Page 5 • • (a) Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. (b) Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. (c) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (d) Coverage Requirements. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, if any subcontract is approved by the City pursuant to this Agreement, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. Page 6 • • iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. (e) Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either parry except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. Page 7 • 0 (f) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. (g) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. (h) Self Insurance. Upon Contractor's request and upon an adequate financial showing, the City Council may authorize the Contractor to be self-insured. Nothing herein requires such authorization by the City Council. (i) Insurance Not Limiting. The Contractor agrees that the provisions of this Section 5.1 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 any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. (j) Subcontracts. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 6.2 Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, the City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement, including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Contractor shall promptly pay any judgment rendered against the City, its officers, agents or employees for any such Claims. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be Page 8 • • construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 7.0 RECORDS AND REPORTS 7.1 Reports. Contractor shall prepare and submit to the Contract Officer the reports concerning the performance of the services required by Section 15 of Exhibit A. 7.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 7.3 Release of Documents. The reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer, except as required by the parties' obligations under the Public Records Act. 8.0 ENFORCEMENT OF AGREEMENT 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes, the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, immediate action may be necessary. Compliance with the provisions of this Section shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. Page 9 • 0 8.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 8.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A parry's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. Page 10 • 0 9.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee, participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third parry any money or other consideration for obtaining this Agreement. 9.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the Contract Officer, CITY OF ROSEMEAD, 8838 East Valley Boulevard, Rosemead, CA 91770, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements Page 11 • 0 and understandings, if any, between the parties, and none shall be used to interpret this Agreement, including the bid proposal. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY OF ROSEMEAD a municipal corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 12 0 0 CONTRACTOR: Name of Company, a corporation By: Name: Title: By: Name: Title: Address: Phone: [END OF SIGNATURES] Page 13 0 EXHIBIT "A" SCOPE OF SERVICES • 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: 1. DEFINITIONS. (a) "Streets" shall mean all dedicated public rights-of-way within the existing or future corporate limits of the City. (b) "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage and other foreign material removable from a paved street with a street sweeper. (c) "Curb-mile" means a swept path not less than eight (8} feet wide for a cumulative total length of 5,280 feet. (d) "Roadbed" means entire street pavement from curb to curb. DESCRIPTION OF REQUIRED SERVICES. (a) 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. (b) 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 Boulevard (Whitmore/North City Limit) shall be swept each time the street is swept. In any case, no debris shall be left anyplace on the street pavement after sweeping is completed. 0 0 Exhibit A Scope of Work Page 2 (c) Standard of Performance. The Contract Officer 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 without interruption to the regular sweeping schedule. (d) Additional Services. Additional services may include emergency call-outs or special events as requested by the Contract Officer. 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 Exhibit "B". 3. 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 Exhibit "B". 4. SCHEDULE OF PERFORMANCE (a) Street Sweeping Schedule (1) Days. Routine street sweeping shall be conducted Monday through Friday unless otherwise approved by the Contract Officer. (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 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. (b) Holidays The Contractor is not required to sweep streets on Sundays nor on any of the following holidays: New Year's Day Page 2 Exhibit A Scope of Work Page 3 President's Day Memorial Day Independence Day (July 4th) Labor Day (first Monday in September) Veterans Day Thanksgiving Day Christmas Day E 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 Contract Officer thirty (30) days prior to the holiday. No modification of this holiday schedule shall be effective unless authorized in writing by the Contract Officer. 5. CHANGES IN SCHEDULE DUE TO WEATHER CONDITIONS. The Contractor shall obtain approval from the Contract Officer 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. 6. DISPOSAL AND RECYCLING OF MATERIALS. The Contractor shall transport and dispose of all sweepings 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 (85) percent diversion rate from landfills. Sweepings may be deposited at temporary dumpsites with the prior approval of the property owner and the Contract Officer. Sweepings 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 Contract Officer 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 of the facility. 7. STREET SWEEPING EQUIPMENT. (a) Equipment Requirements. The Contractor shall use a sweeper fleet appropriate for servicing approximately 159 curb-miles of street. The fleet shall Page 3 0 0 Exhibit A Scope of Work Page 4 include a minimum of five (5) vacuum-type street sweepers, plus additional broom-type street sweepers as necessary to sweep wet areas. The fleet shall be new models of the latest design and construction and shall not be prototype models. The contractor shall have sufficient backup street sweepers available to be used in the case of equipment failure or to meet emergency demands of the city. Equipment used in the performance of this Agreement shall conform to AQMD Rule 1186.1 and PM 10 standards. Equipment used in the performance of this Agreement shall not be more than four (4) years old, unless otherwise approved by the City. Broom-type equipment must be capable of sweeping a minimum eight (8) foot width as measured with all brooms in the sweeping position. 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 equipped with mobile radio communications to the Contractor's dispatch office. Each internal combustion engine used for any purpose on the project shall be equipped with a muffler of a type recommended by the manufacturer. At the discretion of the Contract Officer, 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 must be maintained in good repair, appearance, and sanitary condition at all times, and must meet other reasonable standards as may be established from time to time by the Contract Officer. The City reserves the right to inspect the Contractor's vehicles at any time to ascertain its condition. If any vehicle or sweeper is deemed unsafe or unsatisfactory, the City may order the Contractor to cease operations immediately until the vehicle or sweeper is repaired or replaced. (b) Equipment Storage. The Contractor shall provide a yard for parking, maintenance, and storage of all equipment at no expense to the City. 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 Page 4 Exhibit A Scope of Work Page 5 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. 8. 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 his 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. 9. 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. 10. 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. 11. 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. Page 5 • 0 Exhibit A Scope of Work Page 6 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. 12. SWEEPING PRACTICES. The Contractor shall at all times use good sweeping practices as dictated by standards within the sweeping industry and will make adjustments to its equipment as necessary. The Contractor must exercise due care so as to prevent spilling, 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: (a) 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. (b) Sweepers shall be operated as close to parked cars or other obstacles as safety allows. 13. ROUTING AND SWEEPER AVAILABILITY. Street sweeping routes and schedules shall be developed by the Contractor and shall be subject to the approval of the Contract Officer. Routes and schedules shall be consistent with the Basic Street Sweeping Schedule map, Exhibit "E", contained herein or as may be amended from time to time. 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. Page 6 Exhibit A Scope of Work Page 7 Each sweeper shall sweeper breakdowns Officer. E have its own operator and scheduled route. Any and all and repairs shall be reported immediately to the Contract 14. 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 500 feet of the 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. 15. RECORDS AND REPORTS. The following reports shall be submitted to the City each month along with the invoice for services. (a) 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 event and emergency activities. (b) Emergency Calls. The Contractor shall maintain a positive recording of all emergency service calls, by telephone recording device or by a time punch-type trouble ticket. Such information shall be entered on the monthly log report. . (c) 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. (d) 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. (e) Complaints: Complaints received by the City regarding the Contractor's performance will be transmitted to the Contractor's office in writing, by telephone, facsimile or email, and handled by the Contractor's Supervisor. All complaints are to receive a follow-up response within twenty-four (24) hours following Page 7 0 Exhibit A Scope of Work Page 8 0 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 Contract Officer. Repeat complaints may be handled by a joint visit to the site by a City Inspector and the 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. 16. 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, walls, slopes, landscaping and other obstructions which are removed, 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. 17. MISCELLANEOUS SAFETY AND OTHER REGULATIONS. (a) 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. (b) Warnings. Contractor shall use light warnings instead of loud sound signals except where required by law for the protection of personnel. (c) Water for Dust Control. The Contractor shall provide sufficient water for use in 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 Contract Officer. 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. 18. COOPERATION WITH UTILITYAND 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 Page 8 • 0 Exhibit A Scope of Work Page 9 Contractor to be informed of work planned by these parties and to coordinate street sweeping work accordingly. Page 9 Contract Services Agreement 1 2. 3. Dated: EXHIBIT B SCHEDULE OF COMPENSATION Routine Street Sweepinq Rate per curb-mile for routine street sweeping, as described herein: (in figures) (in words) Emergency Street Sweepinq (a) Rate per hour for emergency street sweeping services during regular working hours: (in figures) (in words) (b) Rate for emergency street sweeping services after regular working hours: (in figures) (in words) The duration of all emergency street sweeping services will be measured by the actual hours spent sweeping, plus the shortest travel time either to or from the work site. Travel time longer than (20) twenty minutes must be justified in writing to the City. The total hours will be calculated to the nearest one-quarter hour (15 minutes). Special Event Street Sweeping (in figures) (in words) Special event sweeping will be based on the actual hours of sweeping with no additional compensation for travel time. Printed Name: Title: 0 0 Contract Services Agreement EXHIBIT C CITYWIDE STREET SWEEPING MAP