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CC - Item 7G - Contract Extension with Clean Street, Inc to Provide Street Sweeping ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGETY~I DATE: NOVEMBER 17, 2009 SUBJECT: CONTRACT EXTENSION WITH CLEAN STREET, INC. TO PROVIDE STREET SWEEPING SERVICES SUMMARY The City of Rosemead provides street sweeping services through a contractual agreement with Clean Street. The proposed agreement includes performance standards including service levels, diversion requirements, equipment standards, and reporting requirements. Per the agreement, all City streets will be swept at least once weekly, Monday through Friday. On June 9, 2009, the City Council extended the City's current street sweeping services agreement with Clean Street for a six-month term through December 31, 2009. At this meeting the City Council asked staff to discuss the possibility of extending the existing services agreement with Clean Street with no future rate increases. Staff met with representatives from Clean Street and they have agreed to the City's request. Staff Recommendation Staff recommends that the City Council authorize the City Manager to execute a three- year contract extension with Clean Street for street sweeping services. DISCUSSION The current contract for City street sweeping services expires on December 31, 2009. 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. In 2006, the City Council awarded a 3-year contract to Clean Street to provide street sweeping services in Rosemead. On June 9, 2009, the City Council authorized the extension of the same agreement for six months, through December 31, 2009. At this meeting, members of the Council asked staff to meet with Clean Street representatives and discuss the possibility of extending the existing street sweeping agreement with no future rate increases. e APPROVED FOR CITY COUNCIL AGENDA: T xTIEM NO- City Council Meeting November 17, 2009 Page 2 of 3 In October 2009, staff met with representatives from Clean Street, Inc. to discuss extending the term of the existing agreement with no future rate increases. The following terms were agreed upon: • Contract Term: Both parties agree to extend the agreement for at least 3 years with an option for two additional 1-year extensions, contingent upon Clean Street's performance. • Price: Clean Street agrees to charge the City existing rates (as of November 2009) for street sweeping services over the next 3 years. After this time period the City and Clean Street will re-enter negotiations for rate increases if the City chooses to extend the agreement. • Scope of Services: City and Clean Street agree to maintain the existing scope of services as briefly described below and more thoroughly described in the attached agreement: 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. • Additional Services: Clean Street has agreed to provide the City with additional street sweeping in conjunction with special events. Clean Street has agreed to continue with the current contract terms and conditions for an additional three (3) years. Staff has found Clean Street to be a responsive street sweeping firm with very few service complaints from residents. City Council Meeting November 17, 2009 Page 3 of 3 Surrounding Communities In order to gauge the competitiveness of the City's current street sweeping cost, staff conducted an informal survey of other nearby communities. As indicated in the survey results, the City current curb mile rate of $20.67 stands below the average cost of $21.55 per curb mile swept. a i 7 j-, Cost Per Curb Alternative bCit Firm$ . StreetSW66- ping, 'Mile`, „ zFriels Nationwide El Monte Environmental $15.38 Yes Rosemead Clean Street $20.67 Yes San Gabriel Athens $27.82 Yes Temple City Athens $18.12 Yes West Nationwide Covina Environmental $25.75 Yes Average Curb Mile Rate: $21.55 FINANCIAL REVIEW Funding for street sweeping services is provided through Gas Tax funds. In Fiscal Year 2009, approximately $225,000 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. Submitted by: Chris Marcarello Deputy Public Works Director Attachment 1: Letter of Extension with Clean Street Attachment 2: Street Sweeping Agreement Clean met Cleaning Your Environment November 5, 2009 Mr. Chris Marcarello Administrative Services Officer City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Email: cmarcarello@cityofrosemead.org RE: Contract Extension Dear Mr. Marcarello, The following is a proposal to extend our contract for street sweeping services with the City of Rosemead. We will extend our contract for three additional years at our current contract price of $217,384 per year. We would like to have an option available to the City to extend our contract for a fourth and fifth year with the rate of compensation adjusted in accord with Consumer Price Index increases or decreases during the three year period. All other terms and conditions shall remain the some. We will maintain our high standards for quality and dependability. We appreciate our wonderful relationship with the City of Rosemead. Sincerely, CLEANSTREET dA ?'ef stello ecuti ve Officer Cell: (310) 740-1602 Office: (800) 225-73]6x)03 JC:seg 1937 West 169`h Street, Gardena, Califomia 90247 (800) 225-7316 CleanStreet.com E-mail: jostello@cleanstreet.com Fax: (310) 538-8015 CITY OF ROSEMEAD AGREEMENT FOR MAINTENANCE SERVICES 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of January, 2010 by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and Clean Street with its principal place of business at 1937 West 169'" Street, Gardena, California 90247 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing street sweeping services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for Street Sweeping Services (`Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner 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 Project ("Services"). The Services 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. The term of this Agreement shall be from January 1, 2010 to December 31, 2012, unless earlier terminated as provided herein. 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. Contractor shall complete the Services within the term of this Agreement, and shall meet any other Clean Street established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities 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. 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 "B" 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 City's Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Jere Costello, or his or her 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/her 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. Clean Street 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 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 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 Project, 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 from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 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 of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify 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. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 3.2.10 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 Clean Street 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. 3.2.11 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" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, 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, and shall post copies at the Contractor's principal place of business and at the project site. 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. 3.2.12 Bonds. 3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty Clean Street (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a currentA.M. Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 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 C attached hereto and incorporated herein by reference. The total compensation shall not exceed $217,384 (Two Hundred Seventeeen Thousand Three Hundred Eighty-Four Dolloars) per year without advance written approval of City's project manager. The contractor shall not be entitled to any cost of living adjustments or rate increases during Year 1, Year 2, or Year 3 of this agreement. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 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 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, Clean Street but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City'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 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, 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, and shall post copies at the Contractor's principal place of business and at the project site. 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. 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 Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement 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 Clean Street 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 determine 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: Clean Street 1937 West 169th Street Gardena, CA 90247 Attn: Jere Costello CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Chris Marcarello, Public Works Department Such notice shall be deemed made when personally delivered orwhen 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 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. 3.5.4 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. 3.5.5 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, consultants and contractors arising out of or in connection with Clean Street the performance of the Services, the Project 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. 3.5.6 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. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 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. 3.5.12 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 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 Clean Street not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 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. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not paid.nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, 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. 3.5.18 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. 3.5.19 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 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. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and Clean Street 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. 3.5.21 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 subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Clean Street CITY OF ROSEMEAD CLEAN STREET By: By: City Manager Attest: City Clerk Approved as to Form: City Attorney Name: By: Name: Title: 02108 Documentl 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: 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 pickup 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. 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) Davs. 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 President's Day Exhibit A Scope of Work Page 3 Memorial Day . Independence Day (July 4th) Labor Day (first Monday in September) 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 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 frpm the City for disposing of sweepings at any disposal site within & 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. 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 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 Exhibit A Scope of Work Page 4 new models of the latest design and con'struction 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 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. Exhibit A - Scope of Work Page 5 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. CONTRACTORICITY 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. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Drivers License issued by the State of California. Exhibit A Scope of Work Page 6 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 "C", 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. Each sweeper shall have its own operator and scheduled route. Any.and all sweeper breakdowns and repairs shall be reported immediately to the Contract Officer. Exhibit A Scope.of Work Page 7 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) Emeroencv 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 shalt 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 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. Exhibit A Scope of Work Page 8 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 Contractor to be informed of work planned by these parties and to coordinate street sweeping work accordingly. EXHIBIT B SCHEDULE OF MAINTENANCE SERVICES [insert schedule] B-1 EXHIBIT C COMPENSATION [insert rates & authorized reimbursable expenses] C-1 EXHIBIT D INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement orendorse the existing coverage to do so. Consultant 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. Consultant shall provide the following types and amounts of insurance: [Note: verify minimum limit for each coverage with Risk Manager] Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. 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 Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in anyway on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. [Note: may need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees] 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. [Note: If the required limits for general liability, auto and employer's liability are $1 million or less, the following paragraph may be omitted.] Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an ,umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf"basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not D-1 requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $ per occurrence. 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 consultant 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 and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant 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. D-2 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant 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 Consultant'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 Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant 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 Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant-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 on the project contemplated by this agreement to self-insure its obligations to City. If Consultant'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 Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. D-3 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, 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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant 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. 15. Consultant 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. Consultant 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 Consultant'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' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on.coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 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. D-4 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. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant 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. D-5