CC - Item 7A - Street Sweeping Contract Extension 1---E/E M E
z- ® 9 ° ROSEMEAD CITY COUNCIL
,J\ STAFF REPORT
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGERI},
DATE: FEBRUARY 27, 2018
SUBJECT: STREET SWEEPING CONTRACT EXTENSION
SUMMARY
On May 12, 2015, the City Council approved a three year agreement with Athens Services for
Citywide street sweeping services. This agreement is set to expire on June 30, 2018. In
accordance with this agreement, the City and Athens Services may mutually agree to extend the
term of this agreement for up to two additional years. Athens Services has requested a two year
extension under the current terms and conditions, with an adjustment of 2.97% for the Consumer
Price Index (CPI). If approved, the new annual contract amount would be $225,000 with an
expiration date of June 30, 2020.
DISCUSSION
The current contract for City street sweeping services with Athens Services expires on June
30, 2018. Athens Services has provided the City's street sweeping services since 2010 to the
satisfaction of staff and the community. Street sweeping contributes to the City's overall
appearance and water quality efforts as it removes potentially harmful trash, metals, and
bacteria from the streets and storm drains. The scope of work in the existing agreement for
street sweeping services comprises of sweeping all streets including arterial, collector,
industrial, residential and commercial, cul-de-sacs, and median curbs within the City once a
week, at a minimum, and twice weekly in specified commercial districts. Further, key
services are briefly described below and are regularly monitored by City staff.
• Provide sweeping logs that include miles and areas swept and the amount of materials
that are collected.
• Utilize street sweeping equipment in compliance with Air Quality Management
District(AQMD) Rule 1186.1, which is the standard for alternative fuel vehicles.
• Coordinate with Public Safety Division Parking Control Officers on daily routes.
• Provide the City with additional street sweeping in conjunction with up to four (4)
special events each year.
ITEM NUMBER: /n
City Council Meeting
February 27,2018
Page 2 of 3
As stated, Athens Services has provided street sweeping service for the City of Rosemead since
July 1, 2010. Athens Services, throughout the term of this agreement, has exceeded the
expectations of staff. The contractor sweeps all streets according to the City's schedules, is
timely,provides excellent customer service, and handles any issues that come up effectively and
quickly. Additionally, the contractor has often made adjustments and accommodations to its
scheduling to meet the various needs of the City and community. The contractor coordinates
effectively with staff from the Public Works Department and the Public Safety Division.
Additionally, the contractor has gone above and beyond in their response to emergency situations
(windstorms. accidents, etc.) and their participation in City events, including as a sponsor of the
City's annual Public Works Day event.
Athens Services current agreement is set to expire on June 30, 2018. As a result, Athens
Services has requested an extension to their agreement for two additional years, as permissible in
their agreement with the City's approval. In addition, Athens Services has requested a CPI
adjustment of 2.97% to their current rate. The current agreement allows for an annual maximum
payment of $218,400. If approved, then the new maximum annual contract amount would be
$225,000, which has been rounded for budget purposes, and would be extended until June 30,
2020.
STAFF RECOMMENDATION
It is recommended that the City Council authorized a two-year extension (July 1, 2018—June 30,
2020) with Athens Services in an annual amount not to exceed $225.000, which includes a
onetime 2.97% CPI increase.
FISCAL IMPACT
Funding for street sweeping services is provided through Gas Tax funds.
STRATEGIC PLAN IMPACT—None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared By:
L L. uLC.
Michelle G. Ramirez, D Dir of Public Works
Attachment A: Letter of Extension—Athens Services
Attachment B: Street Sweeping Services Agreement (Athens Services)
City Council Meeting
February 27,2018
Page 3 of 3
Attachment C: City Council Staff Report—May 12, 2015
Attachment D: City Council Minutes—May 12. 2015
Attachment E: Service Schedule and Map
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Attachment A
Letter of Extension — Athens Services
wirattimmimmaraiiiiiimiliiii4Athens Services
Waste Collection - Recycling -Transfer-Disposal • Street Sweeping
February 12,201 8
Pat Piatt
City of Rosemead
8836 Valley Blvd.
Rosemead, CA 91770
Dear Mr. Piatt:
Athens Services respectfully requests that our current agreement with the City to provide street
sweeping services be extended under the current terms and conditions, with an adjustment for
CPI of 2.97%,through June 30,2020,as provided for in the agreement.
Athens greatly enjoys our partnership with the City of Rosemead and we look forward to
continuing this relationship well into the future.
Please sign below to acknowledge acceptance of our proposal.
Thank you.
Respectfully,
o
"Pommy Ouzoonian
Franchise Division Major Accounts
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Attachment B
Street Sweeping Services Agreement — (Athens Services)
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STREET SWEEPING SERVICES AGREEMENT
(ATHENS SERVICES) ' •
1. PARTIES AND DATE.
This Agreement is made and entered into this 2i-it-Idly of e ,20 (t)
(Effective Date)by and between the City of Rosemead, a municipal organization organized
under the laws of the State of California with its principal place of business at 8838 E.Valley
Blvd., Rosemead, California 91770 ("City") and Athens Services with its principal place of
business at 14048 E.Valley Boulevard, City of Industry, CA 91746 ("Contractor"). City and
Contractor are sometimes individually referred to herein as "Party" and collectively as
• "Parties."
2. RECITALS.
•
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
professional 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, is licensed in the State of California and is familiar with the plans of
City.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services: Contractor promises and agrees to furnish
to the City all labor, materials,tools,equipment,services,and incidental and customary work
necessary to fully and adequately supply the professional street sweeping services
necessary herein referred to as"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.
ATHENS SERVICES
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3.1.2 Term: The term of this Agreement shall be from the July 1, 2015 to
June 30, 2018 unless earlier terminated as provided herein. The City shall maintain the
option, at its discretion, to extend the contract for two (2) additional one-year periods.
Contractor shall complete the Services within the term of this Agreement,and shall meet any
other established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this agreement is 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. Contractor represents that it has the
professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Contractor's conformance with the Schedule,City shall
respond to Contractor's submittals in a timely manner. Upon request of City, Contractor
shall provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
3,2.3 Conformance to Applicable Requirements: All work prepared by
Contractor shall be subject to the approval of City.
•
3.2.4 Substitution of Key Personnel: Contractor has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable,Contractor may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for'cause. As discussed below, any personnel who fail or refuse
to perform the Services in a manner acceptable to the City, or who are determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property, shall be promptly removed from the
Project by the Contractor at the request of the City.
3.2.5 City's Representative: The City hereby designates the Director of Public
Works, or his or her designee, to act as its representative for the performance of this
ATHENS SERVICES
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Agreement("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Agreement. Contractor shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Contractor's Representative: Contractor will designate a 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.
32.7 Coordination of Services: Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, Contractors and
other staff at all reasonable times.
32.8 Standard of Care; Performance of Employees: Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains 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.
3.2.9 Laws and Regulations: Contractor shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance 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.
3.2.10 Insurance: Contractor shall maintain prior to the beginning of and for the
duration of this Agreement insurance coverage as specified in Exhibit B attached to and part
of this agreement.
•
ATHENS SERVICES
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3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services,the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors,such as safe walkways,scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and(C)adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed Two Hundred Eighteen Thousand Four Hundred Dollars($218;400)annually,billed
at a maximum of Eighteen Thousand Two Hundred Dollars ($18200) per month. Extra
Work may be authorized in writing, as described below, and will be compensated at the
rates and manner set forth in this Agreement.
3.3,2 Payment and 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 Exponses: 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, 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 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
•
ATHENS SERVICES
Page 5 0110
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 Reservation of Rights by City. City reserves the right to terminate this
Agreement in the event of any material breach of this Agreement, including, but not limited
to any of the following:
If Contractor practices, or attempts to practice, any fraud or deceit upon the
City, or practiced any fraud or deceit or made any intentional misrepresentations in the
negotiations which preceded the execution of this Agreement provided that City has
provided Contractor with written notice of the alleged fraud or deceit and afforded Contractor
a reasonable opportunity to refute and defend itself against such charge or claim.
If Contractor is convicted of, or pleads guilty, no contest, or nolo contendere to
a felony related to this agreement.
As used in this Section,the term"Contractor'shall mean only the following:(a)
the owner(s)of Contractor(whether shareholders, partners, or otherwise), (b)the members
of Contractor's Board of Directors; and (c) Contractor's President, Chief Executive Officer,
Chief Financial Officer, Chief Operations Officer, and/or Secretary.
3.5.1.1 Cumulative Rights. City's rights of termination are in addition to any
other rights of City upon a failure of Contractor to perform its obligations under this
Agreement.
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:
ATHENS SERVICES
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CONTRACTOR:
• Athens Services
P.O. Box 60009
Industry, CA 91716
Attn: Will Wilson, General Manager
Phone: (626) 336-3636
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Director of Public Works
Phone: (626) 569-2150
Fax: (626) 569-2303
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents &Data; Licensing of Intellectual Property:
This Agreement creates a nonexclusive and perpetual license for City to copy,use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes,which
are prepared or caused to be prepared by Contractor under this Agreement("Documents&
Data"). Contractor shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents&Data the subcontractor prepares
under this Agreement. Contractor represents and warrants that Contractor has the legal
right to license any and all Documents & Data. Contractor makes no such representation
and warranty in regard to Documents& Data which were prepared by design professionals
other than Contractor or provided to Contractor by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures,drawings, descriptions,computer program data,input record data,written
information, and other Documents and Data either created by or provided to Contractor in
connection with the performance of this Agreement shall be held confidential by Contractor.
Such materials shall not,without the prior written consent of City,be used by Contractor for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Contractor which is otherwise known to Contractor or is
generally known, or has become known,to the related industry shall be deemed confidential.
Contractor shall not use City's name or insignia,photographs of the Project, or any publicity
ATHENS SERVICES
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pertaining to the Services or the Project in any magazine,trade paper, newspaper,television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5,5 Attorney's Fees: if either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement,the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification:To the fullest extent permitted by law,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, pertaining to, or relating to any negligence, errors or
omissions, recklessness, or willful misconduct of Contractor, its officials,officers,employees,
agents, and Contractors arising out of or in connection with the performance of the
Contractor's Services, including without limitation the payment of all consequential damages,
expert witness fees, 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, official's officers, employees, agents, or volunteers,
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision
of this Agreement.
3.5.10 City's Right to Employ Other Contractors: City reserves right to employ
other Contractors in connection with this Project.
3.5:11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
ATHENS SERVICES
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3.5.12 Assignment or Transfer: Contractor shall not assign, hypothecate, or
transfer,either directly or by operation of law,this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents
have participated fully in the preparation of this Agreement,the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time,days or period for performance shall be deemed calendar
days and not work days. All references to Contractor include all personnel, employees,
agents, and subcontractors of Contractor, except as otherwise specified in this Agreement.
All references to City include its elected officials,officers,employees,agents,and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification,or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5:15 Waiver: No waiver of any default shall constitute a waiver of any other
default or breach,whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 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.
3.5.18 Prohibited Interests: Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona tide employee working
solely for Contractor,to solicit or 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. Contractor further agrees to file,or shall cause its employees or subcontractors
to file, a Statement of Economic Interest with the City's Filing Officer as required understate
law in the performance of the Services. 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.
ATHENS SERVICES
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3.5.19 Equal Opportunity Employment: Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Contractor certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Contractor has all requisite power and
authority to conduct its business and to execute,deliver,and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal powor,
right, and authority to make this Agreement and bind each respective Party.
3.522 Counterparts: This Agreement may be signed in counterparts, each of
which shall constitute an original.
32 Subcontracting.
16.1 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.
[Signatures on next page!
ATHENS SERVICES
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CITY OF ROSEMEAD ATHENS SERVICES
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Gloria a leda, City Clerk Da e
pf Corporation. TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED!
Approved as to Form:
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Rachel H. Richman Date /
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ATHENS SERVICES
EXHI BIT A
SCOPE OF SERVICES & COMPENSATION
SEE REQUEST FOR PROPOSAL(RFP)AND
CONTRACTOR'S PROPOSAL
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Athens Services
run.CS..,.e•n,craws,we.a.r oaeonneini sweeping
April 20,2015
Sean Sullivan
City of Rosemead
8838 Valley Blvd.
Rosemead, CA 91770 •
Dear Sean:
• Athens Services has greatly enjoyed providing street sweeping services to City of Rosemead
since 2010 and would like to extend our agreement with City. To that end, we offer the
following benefits to the City:
V Best value - Highly competitive rates! We would request a rate adjustment to $23.50
per curb mile due to increased operating costs. Based on the average number of miles
we sweep, you would be billed $18,200.00 per month, not exceed $218,400.00
annually. This is an extremely good value based on the most recent REP results by
other cities in Southern California:
City Data Athens Nationwide Cleanstreet Dickson Sunset Webco
West
Hollywood May-14 $ 44.50 $ 32.87 -
Placentia Sep-14 $ 23.65 • $ 28.53 $33.40 $29.13 $ 51.12
Garden
Grove Nov-14 $ 34.00 $ 33.90 $30.96
San
Femandc Jan-15 $ . 28.25 $ 29.82 $41.56
Pomona Mar-15 $ 26.25 $ 32.00
it Free Compost Giveaway — We commit to a compost giveaway every year of the
contract which is worth thousands of dollars to your residents!
✓ Environmentally responsible — We use clean, alternative fuel necks and never use
chemicals to enhance results!
✓ Technological Leader—We use the newest GPS technology to provide cities with real
time live tracking of our work!
✓ Safety -We have fleet maintenance and safety programs that are often used as industry
examples of how a fleet should be nm! •
✓ Outstanding Customer Service — Our customer service number, (888) 336-6100, is
answered LIVE from 7:00 a.m. to 5:00 p.m. on weekdays and 7:00 a.m. to Noon on
Saturdays with 175-language capabilities to assure that customer's concerns are
addressed immediately.
•
✓ Fast response - We utilize cellular technology to produce quick communication with
the field and Key Management Personnel!
✓ Highest Quality - We will make as many passes as is required to deliver high-quality
results!
On behalf of the dedicated Athens employees,we thank you for your consideration.•
Ali
Sincerely,
0
Tommy Ouzoonian
Franchise Division Sales Manager
P.O.Box 60009,City of Industry, 91716
(626) 336.3636
EXHIBIT A
SCOPE OF WORK
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Contractor shall provide all labor and equipment necessary to perform
street sweeping services in the City of Rosemead in accordance with this
Agreement, on the following terms and conditions.
A. Definitions III
1) "Streets" shall mean all dedicated public rights-of-way within the
existing or future corporate limits of the City.
2) "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage
and other foreign material removable from a paved street with a
street sweeper.
3) 'Curb-mile" means a swept path not less than eight (8) feet wide for
a cumulative total length of 5,280 feet.
4) "Roadbed"means entire street pavement from curb to curb. - •
B. Description of Required Services and Experience
1) General. The primary objective of street sweeping is to pick up all
debris to ensure the free flow of water in the gutter and to maintain
•
the streets in a state of cleanliness. Contractor shall remove all
debris from all streets every weekly sweeping cycle. Items of
excessive size, such as cardboard, palm fronds, large rocks, etc.,
shall be physically picked up and placed in the sweeper by the--
Contractor.
he-Contractor. Sweeping shall normally consist of a single pass over
an area. Additional passes shall be made as necessary when
conditions warrant special attention. Debris collection may require
more than one pass in order to sufficiently clean the street. This
service shall be included in the unit curb-mile price at no additional
cost to the City.
2) Areas to be Cleaned. All City streets including arterial, collector,
industrial, residential and commercial, cul-de-sacs and median
curbs shall be swept once a week, at a minimum. The entire length
of all curbs (including median curbs and curb returns), uncurbed
pavement edges, painted (2-way) left turn lanes and flush concrete
or paved median noses shall be swept each time the associated
street is swept. The entire area of each intersection shall be swept.
The balance of each street shall be swept as needed. The entire
roadbed of Rosemead Blvd. (within City-limits) shall be swept each •
time the street is swept. In any case, no debris shall be left on the
street pavement after sweeping is completed.
3) Standard of Performance, The Public Works Director, or designee,
will make the final determination as to whether the work has been
satisfactorily completed and may order the Contractor to re-sweep
areas not swept or cleaned in a satisfactory manner. In the event
the results of a sweeping are considered unsatisfactory, the
Contractor shall sweep or clean the unsatisfactory area again at no
cost to the City, within twenty-four (24) hours'of request without
interruption to the regular street sweeping schedule.
4) Additional Services. Additional services may include emergency
call-outs or other instances as requested by the Public Works
Director, or designee. Such services will be requested orally or in
writing at least twenty-four (24) hours in advance, whenever
practical, except for emergency call-outs. No request for additional
services shall necessitate the simultaneous assignment of more
than four(4) sweepers unless a greater number is agreeable to the
Contractor. Payment for such requests shall be based upon the
hourly rate specified in Exhibit D. L..
C. Changes in Services
During the term of this agreement or any extension thereof, the City
may elect to increase or decrease the frequency or number of miles of
street sweeping services. The said increase or decrease shall be by
written change order to the Contractor. The unit price for change order
sweeping shall be at the contract unit price specified in Exhibit D.
D. Schedule of Performance
Street Sweeping Schedule
1) Days. Routine street sweeping shall be conducted Monday through
Friday unless otherwise approved by the Public Works Director.
2) Hours. Standard operating hours for sweeping under this
Agreement shall be determined by the City and the Contractor.
Arterial streets and commercial areas shall be swept from 2:00
A.M. to 6:00 A.M. Residential areas shall be swept from 6:00 A.M.
to 2:00 P.M. Some areas may be posted with different hours than
noted above. It is the Contractor's responsibility to familiarize itself
with these areas and adjust the sweeping schedule accordingly.
Holidays
The contractor is not required to sweep streets on Sundays nor on any
of the following holiday: -
New Year's Day Labor Day
President's Day Veterans Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
During the week of a holiday, the Contractor shall adjust the weekly
schedule so as to return to the normal weekly schedule the following
week. -Sweeping scheduled for a holiday shall be completed within
seven (7) days following the holiday. Holiday sweeping schedules
must be submitted to the Public Works Director thirty (30) days prior to
the holiday. No modification of this holiday schedule shall be effective
unless authorized in writing by the Public Works Director.
E. Changes in Schedule Due to Weather Conditions
The Contractor shall obtain approval from the Public Works Director for
any change in schedule due to adverse weather conditions. When a
change in schedule is necessary, the Contractor shall adjust the work
schedule so as to return to the normal weekly schedule as soon as
possible. The City reserves the right to direct schedule changes made
necessary due to inclement weather.
F. Disposal and Recycling of Materials
The Contractor shall transport and dispose of all sweeping at a
composting or recycling center in accordance with all City, County,
State, and Federal requirements. Contractor shall divert or compost all
street sweepings to the greatest extent possible, obtaining a minimum
of eighty—five percent (85%) diversion rate from landfills. Sweepings
may be deposited.at temporary dumpsites with the prior approval of
the property owner and the Public Works Director. Sweeping shall be
removed from such sites each day. Contractor shall be entitled to no
other income, expenses or charges from the City for disposing of
sweepings at any disposal site within or outside the City limits. The
Public Works Director may, at any time, require the Contractor to
relocate, completely remove or discontinue use of such disposal sites.
The Contractor shall report on a monthly basis the amount of
sweepings disposed of at a composting or recycling center and the
name and address the facility.
G. Street Sweeping Equipment
The Contractor shall, as a minimum, keep their equipment well-
maintained, neatly painted and meet other reasonable standards as
may be established by the Public Works Director. Adequate back-up
equipment must be available at all times to service the City.
Contractor shall submit in its proposal a listing of all equipment
(including back-up equipment) proposed to furnish under this
Agreement (including year, make, and condition). The City may, at its
sole discretion and expenses, require an annual inspection of
Contractor's equipment.
The Contractor shall use a sweeper fleet appropriate for servicing
approximately 194 curb miles of street per week. The fleet shall
include a fleet of vacuum and broom sweepers as appropriate for
meeting all requirements of this Agreement and all regulatory
requirements of outside agencies such as the South Coast Air Quality
Management District (AQMD) and the California Air Resources Control
Board.
Vehicles and equipment used in accordance with sweeping activities
must meet all applicable local, state, and Federal air quality laws,
rules, and regulations including but not limited to the South Coast Air
Quality Management District Rule 1186 relating to alterative fueled
sweeping equipment. Equipment shall meet all applicable
certifications for PM 10 and other pollutants as set forth by the South
Coast Air Quality Management District.
All vehicles must be maintained in good repair, appearance, and
sanitary conditions at all times. The City reserves the right to inspect
the Contractor's vehicles at any time to ascertain said condition. A City
representative shall have the right to cease Contractor's operations
immediately, upon inspection of any vehicle/sweeper deemed unsafe
or unsatisfactory during performance of the Agreement. At the
discretion of the Public Works Director, the City may require the
installation of special odometers, time docks, or vehicle speed
monitors to verify the quality and quantity of the work performed. .
All vehicles and equipment used by the Contractor within the City limits
must be clearly identified, on each side of the vehicle or equipment,
with the name of the Contractor, address of the Contractor's office, and
telephone number. All equipment must be equipped in accordance
with State laws, including hazard lights visible from the rear that
operate independently of the brake lights. Sweepers must be quipped
with mobile radio communications to the Contractor's dispatch office.
H. Equipment Storage
The Contractor shall be responsible for all costs associates with
equipment storage. No material and equipment shall be stored where
it will interfere with the free and safe passage of public or construction
traffic. At the end of each day's work and at all other times when
sweeping operations are suspended for any reason, the Contractor
shall remove all equipment and other obstructions from the roadway
and open it for use by traffic.
Traffic Counters
The City may at various times and locations temporarily install portable
traffic counting equipment of the type which is activated by vehicles
coming in contact with a hose placed in the roadway. Caution shall be
used by the Contractor to avoid damaging said equipment. If the
Contractor, while in the performance of its contract duties, damages or
causes to be damaged any of the aforementioned traffic counting
equipment or appurtenances, the Contractor shall bear the entire cost
for the restoration, repair, inspection, testing or replacement of said
damaged equipment.
J. Parking Citation Officer—Coordination
The City may use a Parking Control Officer to cite vehicles for parking
during street sweeping hours. The Contractor shall coordinate his
sweeping activities with the Parking Control Officer. All costs for
coordination are the responsibility of the Contractor, and no additional
compensation will be allowed.
K. Contractor/City Communication
Throughout the period of this Agreement, the Contractor shall establish
and maintain an office and have an authorized Supervisor as the point
of contact for communications with the City.
The Contractor's office shall have a twenty-four (24) hour telephone
service and a responsible person in charge seven (7) days a week to
receive all requests for emergency service, which are forwarded by the
City. Contractor shall respond and provide emergency service within
two (2) hours from the time a call is placed by the City. Requests for
routine service or complaint issues shall be resolved expeditiously
within the following twenty-four(24) hour period.
I... Contractor's Employees
Contractor's employees shall be required to wear a clean uniform
bearing the Contractor's name. Employees who normally and regularly
come into direct contact with the public shall also bear some means of
individual identification, such as a nametag or identification card.
•
Employees shall not remove any portion of their uniform while working
within the City.
Employees driving the Contractor's vehicles shall at all times possess
and carry a valid Commercial Drivers License Issued by the State of
California.
Any person employed by the Contractor who fails or refuses to carry
out the directions of the City, appears to be incompetent, acts in a
disorderly, improper or unsafe manner, or shows signs of intoxication
or other impairment shall be immediately removed from the job site by
the Contractor. Prior to returning a removed employee to work within
the City, the Contractor shall provide in writing the reason for the
individual's behavior and the means used to prevent this behavior from
occurring again. Failure of the Contractor to prevent, prohibit, or
resolve problems with its employees working within the City will result
in sweeping operations being suspended until further notice. The City
•
may enter a contract with another party for street sweeping services
during such a suspension, and the Contractor will be liable for all costs.
M. Sweeping Practices
The Contractor shall at all times use good sweeping practices as
dictated by standards within the sweeping industry and will make
adjustment to its equipment as necessary. The Contractor must
exercise due care so as to prevent spilling, scattering, or dropping of
debris during the sweeping activity and shall immediately clean up any
such spillage, dropping, or scattering. Sweeping practices include, but
are not limited to the following:
1) Sweeping speed shall be adjusted to street conditions with a
maximum speed of six (6) miles per hour. Patterned concrete
medians, intersections, and crosswalks shall be swept at a
maximum speed of three (3) miles per hour. The City may
require the installation of sweeping speed monitoring devices to
record actual vehicle speed during sweeping.
2) Sweepers shall be operated as close to parked cars or other
obstacles as safety allows.
N. Routing and Sweeper Availability
Street sweeping routes and schedules shall be developed by the
Contractor and shall be subject to the approval of the Public Works
Director. Routes and schedules shall be consistent with the Basic
Street Sweeping Scheduling Map (Exhibit B).
Sweeping routes and schedules shall be provided to the City rio later
than fifteen (15) days prior to the initiation of sweeping operations or
changes in operation. The City reserves the right to request changes
in routing or hours of operation at any time. Each sweeper shall have
its own operator and scheduled route. Any and all sweeper
breakdowns and repairs shall be reported immediately to the Public
Works Director.
O. Construction-Related Problems and Storm Debris
Dirt and debris carded onto streets from identifiable construction sites
is not considered the responsibility of the Contractor if located within
five hundred (500) feet of a construction site. However, the Contractor
is required to totally clean all dirt and debris carried by traffic to areas
beyond this limit. Storm clean up and sweeping must be completed as
soon as possible. Night sweeping may be permitted for normal storm
cleanup, if authorized by the City.
P. Records and Reports
The following reports shall be submitted to the City each month along
with the invoice for services.
1) Monthly Log Report. The Contractor shall keep a daily log of all
streets swept, including the name and location of the streots
and the number of curb-miles swept, along with a description of
any special services performed. The log shall be signed by the
Supervisor on a daily basis. Each month, a report shall be
prepared from the daily log giving a brief description of all
routine special and emergency activities.
2) Emergency Calls. The Contractor shall maintain a positive
recording of all emergency service calls, by telephone recording
device or by a time punch-type trouble ticket. Such information
shall be entered on the monthly log report.
3) Amount of Debris. The Contractor shall maintain a separate
measurement and record detailing the amount of debris
collected during sweeping activities. This information, required
as part of the City's NPDES permit, must be submitted to the
City each month in a tabulated, easy to read format.
4) Recycled Debris. The Contractor shall maintain a separate
measurement and record detailing the amount of debris
•
deposited at a composting or recycling facility. The record shall
also identify the name and address of the facility. This
information shall be submitted to the City in a tabulated, easy to
read format.
•
5) Complaints. Complaints received by the City regarding the
Contractor's performance will be transmitted to the Contractor's
office in writing, by telephone, or email, and handled by the
Contractor's Supervisor. All complaints are to receive a follow-
up response within twenty-four (24) hours following notification
of the Contractor. A report of the Contractor's investigation and
the corrective action taken shall be made promptly by the
Contractor to the Public Works Director. Repeat complaints
may be handled by a joint visit to the site by a City Inspector
and Contractor's Supervisor.
Complaints received directly by the Contractor shall be
submitted in writing to the City on the day such complaints are
received, Contractor shall maintain a log of complaints received
and corrective actions implemented which shall be submitted to
the City each month.
Q. Restoration and Repair, Obstructions and Clean Up
The Contractor shall become familiar with all existing installations, both
public and private, on the work site and shall provide adequate
safeguards to prevent damage to existing structures and
improvements. All fences, wall, slopes, landscaping, and other
obstructions which are remove, damaged, or destroyed in the course
of work shall be replaced and/or repaired, at the Contractor's expense,
to the original condition and to the satisfaction of the City. Failure to
have such damages repaired in a timely manner will result in the City
deducting from the Contractor's payment the cost to perform the
necessary remedial work.
R. Miscellaneous Safety and Other Regulations •
1) Equipment and Vehicle Defects. All equipment or vehicle
defects disclosed by any governmental official and not requiring
immediate correction shall be corrected by the Contractor within
two (2) weeks of notification.
2) Warnings. Contractor shall use light warnings instead of loud
sound signals except where required by law for the protection of
personnel.
3) Water for Dust Control. The Contractor shall provide sufficient
water for use street sweeping operations to maintain a near
dustless condition.
S. Cooperation with Utility and Other Companies
Work within the City by utility and construction companies may be
progressing concurrently with the work under this Agreement. It is the
responsibility of the Contractor to be informed of work planned by
these parties and to coordinate street sweeping work accordingly.
T. City Special Events
Contractor will provide street sweeping services free of charge in
conjunction with up to four (4) City-sanctioned special events each ,ill
year. These events may include the City's Independence Day/4th of
July Parade and Festival (July each year), the Citywide Yard Sale
(March each year), the City's Fall Fiesta (October each year), and the
City's Moon Festival Celebration (August each year).
U. Contract Term
The term of the contract shall be for a period of three (3) years, with an
option for renewal for two (2) one-year extensions, on an annual basis,
based on the contractor performance. The City reserves the right to
unilaterally terminate the Agreement at any time upon thirty (30) days
written notice to the contractor.
After the initial three (3) year contract, the City has the option to renew
the contract for two (2) one-year extensions, in one (1) year increment.
If the City chooses to extent the contract, a-formal letter will be sent to
the contractor advising contractor of the one (1) year extension. This
process will be used for each of the optional two (2) years. In
determining whether the Agreement should be extended, the City will
evaluate the performance of the contractor and determine whether the
contractor's performance is satisfactory.
New street sweeping areas, as developed or assumed by the City,
may be added to the Service Agreement. Such additional scope of
work will be considered change orders to the initial contract, and the
value will be based on service unit prices provided in Exhibit D, it
applicable, and/or negotiated between the two parties of the contract.
REQUIRED CONTRACT REPORTS
I! '
1. Monthly/Weekly Service Report
2. Monthly/Weekly Performance Report
3. Monthly/Weekly Green Waste Recycling/ Diversion Report
4. Emergency Calls Log
5. Complaint Log
ATHENS SERVICES
EXHIBIT B �I
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledgos that the insurance coverage and
policy limits set forth In this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
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 $5,000,000 per accident. If Contractor owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above.
If Contractor or Contractor's employees will use personal autos in any way on this project,
Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
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
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 Contractor, subcontractors 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$1,000,000.00 per occurrence.
B-1
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ATHENS SERVICES
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts,errors or omissions of
the Contractor and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement.The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must"pay on behalf of' theinsured and must include a
er's
retroactive date shall be on oro before thvision e effectiveldate ofblishing the rthis agreement.to end.The policy
Insurance procured pursuant to these requirements shall be written by insurers that are
licensed carriers in the state of California and with en A.M. Bests rating of A-or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right
of subrogation prior to a loss. Contractor agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and-to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
3-2
ATHENS SERVICES
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time andnoreplacement coverage is provided, City has the right, but not
the duty,to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Contractor or deducted from
sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10.Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
•
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all
agreements with subcontractors and others engaged'in the project will be
submitted to City for review.
11.Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Contractor's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
12.The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
UL3
ATHENS SERVICES
13.For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14.Contractor acknowledges and agrees that any actual or alleged failure on the F
part of City to inform Contractor of non-compliance with any insurance
requirement in noway imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15.Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16.Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration.A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this agreement. Contractor 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.
20.The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21.Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
B-4
ATHENS SERVICES
Contractor for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty)to monitor the
handling of any such claim or claims if they are likely to involve City.
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CIVIC PRIDE
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Attachment C
City Council Staff Report — May 12, 2015
AO
M F ROSEMEAD CITY COUNCIL
K ;�� STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER /4/
/
DATE: MAY 12, 2015
SUBJECT: STREET SWEEPING CONTRACT EXTENSION
SUMMARY
The City of Rosemead currently provides for street sweeping services through a
contract with Athens Services. Under this agreement, all residential streets are swept
once weekly and all commercial streets are swept twice weekly. This contract is set to
expire on June 30, 2015 and staff has reviewed several options for moving forward. As
a first step, staff assessed the current market conditions and conducted a survey of
similar requests for proposal (RFPs) from the last year. Staff has reviewed the results of
five (5) recently conducted RFPs and noticed a substantial upswing in the market prices
for street sweeping services. This review of the current market conditions has
forecasted a potential rate increase of 31% to 82% based on similar RFP results
throughout Southern California.
Athens Services, the City's current contractor, has contacted staff with an offer for a
new contract. The offer, while higher than the City's current rate, is at the low end of the
current market prices. Athens Services has indicated that this offered rate is dependent
upon a negotiated contract renewal and is not indicative of the rate that should be
expected in a competitive RFP.
Staff Recommendation
It is recommended that the City Council authorize the City Manager to enter into
contract with Athens Services for street sweeping services at an annual cost of
$218,400 for a period of three years, with the option to renew for two additional years.
DISCUSSION
The current contract for City street sweeping services with Athens Services expires on
June 30, 2015. Athens Services has provided the City's street sweeping services since
2010 to the satisfaction of staff and the community. Street sweeping contributes to the
City's overall appearance and water quality efforts as it removes potentially harmful
trash, metals and bacteria from the streets and storm drains. The scope of work in the
existing agreement for street sweeping services includes sweeping all residential,
collector, and arterial streets within the City. Service levels are briefly described below
and are regularly monitored by City staff. LA
ITEM NUMBER'.
City Council Meeting
May 12,2015
Page 2 of 3
• Provide street sweeping services once weekly in residential areas and twice
weekly in specified commercial districts.
• Provide sweeping logs that include miles and areas swept and the amount of
materials that are collected.
• Utilize street sweeping equipment in compliance with Air Quality Management
District(AQMD) Rule 1186.1, which is the standard for alternative fuel vehicles.
• Coordinate with Public Safety Department Parking Control Officers on daily
routes.
• Provide the City with additional street sweeping in conjunction with up to four (4)
special events each year.
Current Contractor
As stated, Athens Services has provided street sweeping services for the City of ••
Rosemead since July 1, 2010. Athens Services, throughout the term of this agreement,
has exceeded the expectations of staff. The contractor sweeps all streets according to
the City's schedules, is timely, and provides excellent customer service. Additionally,
the contractor has often made adjustments and accommodations to its scheduling to
meet the various needs of the City and community. The contractor coordinates
effectively with City Staff from both the Public Works and Public Safety Departments.
Additionally, the contractor has gone above and beyond in their response to emergency
situations (windstorms, accidents, etc.) and their participation in City events, including
as a sponsor of the City's annual Public Works Day event.
Current Market Conditions
As a component of the development of a request for proposals (RFP) staff conducted
research to survey current market conditions for street sweeping in Southern California.
Staff was able to identify five (5) RFPs conducted within the past year from which they
analyzed the current market conditions. Street sweeping costs are commonly expressed
in "Curb Mile Rate'which is the monthly cost of sweeping divided by the number of curb
miles that are swept in the City. Per the contract issued to Athens Services in July 2010,
the City of Rosemead's contract was based on a Curb Mile Rate of $19.33. Below is a
chart of Curb Mile Rates received for recent RFPs from other Southern California cities.
City RFP Date Curb Mile Rate Comparison Contractor
Rosemead May 2010 $ 19.33 - Athens
West Hollywood May 2014 $ 32.87 + 82.06% Cleanstreet
Placentia September 2014 $ 23.65 +31.00% Athens
Garden Grove November 2014 $ 30.96 +71.48% Dickson
San Fernando January 2015 $ 28.25 +56.47% Athens
Pomona March 2015 $ 26.25 +45.39% Athens
The Curb Mile Rates proposed in these RFPs ranged from a low of$23.65 and a high of
$51.12, both of which were received by the City of Placentia. The average curb mile
rate that was offered amongst the five RFPs is $33.34. The cities surveyed receive
City Council Meeting
May 12,2015
Page 3 of 3
services that are representative of those received by the City of Rosemead, meaning
that the street sweeping is a standalone service that is not provided for by the cities'
trash haulers. Often time cities that have street sweeping and trash hauling services
provided by the same firm recognize discounts that are not available to other
customers.
Athens Services Proposal
Athens Services has offered to continue the service for the City of Rosemead, under a
new three (3) year contract, with a curb mile rate of $23.50. The City's street sweeping
service area includes 775 curb miles per month, therefore, the monthly rate for street
sweeping services will not exceed $18,200 per month ($218,400.00 per year).
Based on the City of Rosemead's sweeping area, the annual cost for street sweeping
services based on the prices awarded through recent RFPs could range from $ 219,945
(Placentia) to $305,691 (West Hollywood). As this information has demonstrated, staff
believes that this offer from Athens Services represents the best possible rate for street
sweeping services for the City of Rosemead at this time.
FISCAL IMPACT
Staff has included a budget amount of $250,000 in the Fiscal Year 2015-16 Operations
Budget for Street Sweeping, funded through State Gas Tax Funds.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared By:
Sean Sullivan
Acting Public Works Manager
Submitted By:
s
Matth E. Ha k swarth
Assist nt City Manager/Acting Director of Public Works
Attachments:
A. Proposal from Athens Services
th- Athens Services
immilowsme.ftweaNamos.J.misaa.alaissaasoe
April 20, 2015
Sean Sullivan
City of Rosemead
8838 Valley Blvd.
Rosemead, CA 91770
Dear Sean:
Athens Services has greatly enjoyed providing street sweeping services to City of Rosemead
since 2010 and would like to extend our agreement with City. To that end, we offer the
following benefits to the City:
✓ Best value - Highly competitive rates! We would request a rate adjustment to $23.50
per curb mile due to increased operating costs. Based on the average number of miles
we sweep, you would be billed $18,200.00 per month, not exceed $218,400.00
annually. This is an extremely good value based on the most recent RFP results by
other cities in Southern California:
City Date Athens Nationwide Cleanstreet Dickson Sunset Webco
West
Hollywood May-14 $ 44.50 $ 32.87
Placentia Sep-14 $ 23.85 $ 28.63 $33.40 $29.13 $ 51.12
Garden
Grove Nov-14 $ 34.00 , $ 33.90 $30.96
San
Fernando Jan-15 $ 28.25 $ 29.82 $41.56
Pomona Mar-15 $ 26.25 $ 32.00
✓ Free Compost Giveaway — We commit to a compost giveaway every year of the
contract which is worth thousands of dollars to your residents!
✓ Environmentally responsible — We use clean, alternative fuel trucks and never use
chemicals to enhance results!
✓ Technological Leader—We use the newest GPS technology to provide cities with real
time live tracking of our work!
✓ Safety - We have fleet maintenance and safety programs that are often used as industry
examples of how a fleet should be run!
✓ Outstanding Customer Service — Our customer service number, (888) 336-6100, is
answered LIVE from 7:00 a.m. to 5:00 p.m. on weekdays and 7:00 a.m. to Noon on
Saturdays with 175-language capabilities to assure that customer's concerns are
addressed immediately.
✓ Fast response - We utilize cellular technology to produce quick communication with
the field and Key Management Personnel!
✓ Highest Quality - We will make as many passes as is required to deliver high-quality
results!
On behalf of the dedicated Athens employees, we thank you for your consideration.
Sincerely,
(TQ//^^''
Tommy Ouzoonian
Franchise Division Sales Manager
P.O. Box 60009, City of Industry, 91716
(626)336-3636
? O E k e
S s
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CIVIC FRID
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Attachment D
City Council Minutes — May 12, 2015
MINUTES OF THE CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE ROSEMEAD
COMMUNITY DEVELOPMENT COMMISSION
JOINT MEETING
MAY 12,2015
The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community
Development Commission was called to order by Mayor Clark at 6:06 p.m.in the Rosemead City Council
Chamber located at 8838 East Valley Boulevard, Rosemead,California.
PRESENT:Mayor/Chair Clark, Mayor Pro TernNice-Chair,Armenta,Council Members/Board Members
Alarcon,Low and Ly
1. WORKSHOP
A. 2015-16 Budget Development Workshop
•
Recommendation: That the City Council provide direction regarding development of the
2015-16 Fiscal Year Budget.
Acting Finance Director Chu presented a PowerPoint presentation to the City Council
Council Member Lowasked if propositions A,C and Measure R unused funds roll over to the following year.
Assistant City Manager/Acting Public Works Director Hawkesworth advised that those funds could be rolled
over. In addition, Proposition C and Measure R funds could be used on capital improvement projects related
to transit and streets.On the other hand,Proposition A could only be used for transit service projects.Mr.
Hawkesworth also expiained that the City obtained a Metro grant to conduct work on Valley Boulevard;
however, Proposition C and Measure R funding would be necessary to match the money required for the
grant.
Acting Finance Director Chu continued with the presentation.
Council Member Lowasked if the$1 million allocation for the Zapopan Park Improvement project was
enough funding for the project.
City Manager Allred staled staff would bid the project with an engineer's estimate of$1 million and staff
hoped the bids submitted to the City would be within the estimate.
Assistant City Manager/Acting Public Works Director Hawkesworth replied that it Southern California Edison
agreed with the specifications of the project; and the architect estimated the project at$990,000 the cost
could still increase to$1.2 million,
Posemead City Courkiland the Successor Agency to the
Rosemead Community Development Commission Joint Meeh'ng
Minutes of May 12,2015
Page 1 of 13
City Manager Allred slated that similar funding issues may occur with the Garvey Avenue Sewer Expansion
project,which is a Rosemead Development Agency funded project
Mayor Clark asked for clarification of the million dollar Rosemead Development Agency bonds for the
projects.
Assistant City Manager/Acting Public Works Director Hawkesworth explained that all other pxojeds involving
the Rosemead Park Improvements were on hold until staff bids for the Zapopan Park Improvement project.
The Garvey Avenue Sewer Expansion project did not need to go out to bid because it was critical and must
be done.Mr.Hawkesworth also advised there were additional bond proceeds if needed for the projects.
Council Member Low asked how much more funds were needed for the Garvey Avenue Sewer expansion
project and expressed concerns regarding the amount of the allocated funds.
Assistant City Manager/Acting Public Works Director Hawkesworth replied that the project was estimated to
increase by approximately$150,000 to$200,000 dollars.
City Manager Allred explained that the project fund could be augmented with general fund reserve money. He
continued to explain that general fund balance projected for June 30,2015 may be at$15.7 million and as
well as$3.5 million are set aside in a trust Lund to pay for the future obligations of benefit retirements.Mr.
Allred added that the revenues had exceeded the expenditures by$442,000 and the operating budget had a
balance,which could be transferred out for copilot improvements.
Council Member Ly cladfied that the transfer was consistent with the reserve use policy on spending money '
for a one time capital improvement project.He reiterated that capital improvement projects were a great
showcase of how money was being spent in the City.
City Manager Allredcontinued to explain that on page 4 of the budget book, staff was proposing to continue
with 53 full time employees. He noted the Community Development Department was increased from six
employees to seven by adding a lull time assistant planner position due to the demand at the counter.
However,the Parks and Recreation Department had ten full time employees in Fiscal Year 2014-15 and next
fiscal year, the department will only have nine.
Council Member Ly suggested that considering the work load of the City Clerk's Office,the new part-time
position be changed to full time status to alleviate some of the pressure.Mr. Ly continued to explain that in
addition to the daily responsibilities in the office,The City Clerk also maintained the City's communications
and managed five Council Member calendars.
Council Member Low agreed with Council Member Ly's comments that there was a lot of work in the City
Clerk's office.
City Manager Allredstated that a part-lime position was added and the incremental cost to change that
position to a full time status position would not be exorbitant
• Council Member Low inquired about the Parks and Recreation Management Analyst position. ,
Rosemead City Council and The Successor Agency to the
Rosemead Community Development Commission Joint Meeting
Minutes of May 12,2015
Page 2 of 13
City Manager Allred explained that during the mid-year adjustments, Council considered and approved the
recommendation to not till two vacant part-time coordinator positions and fill it with one Analyst position. lie
added the reason Parks and Recreation showed nine positions rather than ten was because two coordinator
positions were eliminated. He explained there was a lot of administrative work in the Parks and Recreation
Department including dealing with the Los Angeles County Health Department on all of the special events.
He noted that the City has already recruited for the position and an offer was about to be made.
Director of Pasts and Recreation Montgomery-Scott explained that the Management Analyst would be
involved in budget preparation,pursuing grant opportunities,project management responsibilities,staff
coordinating within divisions,and assessing how the department was working to serve the changing needs of
the community,and to ensure the department is working efficiently and effectively in light of all the changes.
City Manager Alred continued with the budget presentation.
Mayor Clark asked If Rosemead residents pay less in property tax than full service cities like San Gabriel.
City Manager Allred replied that there were Assessment Districts along with Proposition 13 that limited one
percent assessed value of a property.
Assistant City Manager/Acting Public Works Director Hawkesworth explained that the allocations were made
with Proposition 13. He continued to explain that cities would add assessments to a tax bill.Since Rosemead
was a fiscally responsible City,Rosemead did not have any special assessments or special charges.The
allocation was based off the previous allocation and the weight of the various agencies.
City Manager Allred continued with the presentation.
Council Member Low asked if the City received the right service levels from the Sheriff's Department,
City Manager Allred stated that the City has a robust cost effective service of deputies patrolling the City.
Chief of Police Lieutenant Somoano explained that research would have to be conducted to compare
services and population with other cities to determine what services were needed in a specific community.
Council Member Low asked ft there would be any additional money budgeted for the Garvey Specific Plan.
City Manager Allred replied no,there was no additional money budgeted for the Garvey Specific Plan.
Council Member Low noted the City's budget would have a deficit of$107,000 due to the capital
improvement projects,and likely the Zapopan Park and the Garvey Sewer Expansion project would each be
$200,000 short in funds.
Assistant City Manager/Acting Public Works Director Hawkesworth explained that the Zapopan Park and
Garvey Avenue Sewer Expansion project would be funded by bond proceeds and would not come out of the
general fund because redevelopment money was used separately.
Mayor Clark recessed the City Council meeting at 558 p.m.
Rosemead City Council and me Successor Agency ro the
Rosemead Community Development Commission Joint Meeting
Minutes of May 12,2015
Page 3 of 13
Regular Business Meeting
The joint meeting of the Rosemead City Council and the Successor Agency to the Rosemead Community
Development Commission was called to order by Mayor Clark at 7:07 p.m. in the Rosemead City Council
Chamber located at 8838 East Valley Boulevard,Rosemead,California.
PLEDGE OF ALLEGIANCE:Council Member/Board Member Alarcon
INVOCATION:Council Member/Board Member Low
PRESENT:Mayor/Chair Clark,Mayor Pro TenWtce-Chair,Armenia,Council Members/Board Members
Alarcon, Low and Ly
STAFF PRESENT: City Manager Allred,City Attorney Richman,Assistant City Manager/Public Works
Director Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation
Montgomery-Scott,Acting Finance Director Chu,and City Clerk/Director of Communications Molleda
2. PUBLIC COMMENTS FROM THE AUDIENCE -None
3. PRESENTATIONS
• Republic Services Scholarships
Elizabeth Martinez—Republic Services representative presented scholarship awards to the following
winners of an essay contest:Raymond Hong, Min Luong, Alden Hou,Adam Espinoza, and Richard Chang.
• Beautification Committee Awards ,
Management Analyst Pat Platt presented awards to the following property owners who had exemplary
performance maintaining and beautifying their homes and/or business.
Residential Winners
Best Overall Winner—Patrick and Denise Verrone,3610 Muscatel
Best Landscape—Al and Leticia Martinez,9045 Bentel
BestXeriscape—Due Minh L and Mac Kim Thuy T,3727 Temple City Bhd
Honorable Mention—David Silva,9727 Olney
Honorable Mention-Jess and Eslhela Gallegos,9709 Olney
Commercial Winners
Best Overall—Ofve Garden,1866 Montebello Town Center
Best Landscape-Everest Self Storage,8306 Garvey Ave
Honorable Mention-Micent Investments,8841 Garvey
Council Member/Board Member Armenta thanked and congratulated the winners for maintaining a clean .-,.
and beaut6d City by making improvements to their properties.
Rosemead City Coundard the Successor Agency to She
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Minutes of May 12,2015
Page 4 of 13
Mayor/Chair Clarkthanked the winners of the Beautification Committee awards
• Water Safety Month Proclamation
Mayor/Chair Clark read the proclamation and proclaimed the month of May as Waler Safety Month
• May is Mental Health Awareness Month Proclamation
Mayor/Chair Cfark read the proclamation and proclaimed the month of May as Mental Health Awareness
Month
Nancy Enq—on behalf of the National Alliance of Mental Illness thanked the City Council for helping in
raising awareness.
Council Member/Board Member Ly stated that there are people with mental issues that should be able to
openly dlscuss their problem and we need to help residents obtain assistance.
• Asian and Pacific Islander Heritage Month Proclamation
Mayor/Chair Clark read the proclamation and proclaimed the month of May as Asian American and Pacific
Islander Heritage Month.
4. PUBLIC HEARINGS
A. Ordinance No.952—Second Reading:Low Impact Development Standards for
Stormwater Management
Recommendation: That the City Council: (1)Conduct a public hearing and receive public
testimony;and(2)Adopt Ordinance No.952 at its second reading,entitled:AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,CALIFORNIA,
ADOPTING BY REFERENCE CHAPTER 12.94 ENTITLED"LOW IMPACT
DEVELOPMENT STANDARDS"OF THE LOS ANGELES COUNTY CODE AND
INCORPORATING SAID CHAPTER INTO CHAPTER 13.16 OF THE ROSEMEAD
MUNICIPAL CODE,WITH AMENDMENTS
Acting Public Works Manager Sullivan reviewed the staff report.
Mayor Clark opened the Public Hearing al 7:32 p.m.,there being no comments the Public Hewing closed at
7:32p.m.
Moved by Council Member/Board Member Steven Ly,and seconded by Council Member/Board
Member Polly Low,to carded by the following droll call vote:opt the nAYES:! motiond reading of Ordinance No.952.The unanimously
Alarcon,Armenia,Clark ow,Ly.
Rosemead City Council and the Successor Agency to the
Rosemead Community Developmanf Commission Joint Meeting
Minutes of May 12,2015
Page Sof 13
•
•
•
5. CONSENT CALENDAR - w
A. Minutes
January 27,2015-Regular Meeting
February 10,2015-Regular Meeting
February 24,2015-Regular Meeting
March 24,2015-Regular Meeting
B. Claims and Demands
• Resolution No.2015-25
Recommendation:to approve Resolution No.2015-25,entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OP ROSEMEAD ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF$755,994.46 NUMBERED 88573 THROUGH 88731
INCLUSIVELY
• Resolution No.2015-10
Recommendation:to approve Resolution No.2015-10,entitled:A RESOLUTION OF THE
CITY OF ROSEMEAD AS THE SUCCESSOR AGENCY OF THE ROSEMEAD
COMMUNITY DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF$191,150.95 NUMBERED 10127
• Resolution No,2015-04
Recommendation:W approve Resolution No.2015-10,entitled:A RESOLUTION OF THE
ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS
AND DEMANDS IN THE SUM OF$11,945 NUMBERED 1572
C, -Ordinance No.942-Second Reading:Approving Zone Change 12-02-7801.7825
Garvey Avenue,3012 Del Mar Avenue,and 3017 Brighton Skeet
Recommendation: That the City Council adopt Ordinance No.942,entitled:AN
ORDINANCE OF THE CRY COUNCIL OF THE CITY OF ROSEMEAD,.000NTY OF LOS
ANGELES,STATE OF CALIFORNIA APPROVING ZONE CHANGE 12-02 CHANGING
THE ZONING CLASSIFICATION OF SIX PARCELS FROM C-3(MEDIUM COMMERCIAL)
AND THE SINGLE-FAMILY RESIDENCE AT THE NORTHEAST CORNER OF THE SITE
R-2(LIGHT MULTIPLE RESIDENTIAL)TO C-3 MUDO-D(MEDIUM COMMERCIAL WITH
A RESIDENTIAUCOMMERCIAL MIXED-USE DEVELOPMENT OVERLAY AND DESIGN
OVERLAY).THE SUBJECT SITE IS LOCATED AT 7801.7825 GARVEY AVENUE,3012 ^+
DEL MAR AVENUE,AND 3017 BRIGHTON STREET(APN'S:5287.039.001,002,003,
004,005,011) '
•
Rosemead City Council and the Successor Agency to the
Rosemead Community Development Commissbn Joint Meeting
Minutes at May 12,2015
Page 60113
D. City Investment Policy
- Recommendation: That the City Council approve the Investment Policy.
E. HOME Funds Commitment Agreement between the City of Rosemead and the
Rosemead Housing Development Corporation for the Implementation of certain HOME
Funded Programs
Recommendation: That the City Council:(1)Approve a HOME Funds Commitment
Agreement between the Rosemead Housing Development Corporation and the City Council
for the implementation of the City's Owner-Occupied Rehabilitation Loan Program and
Mortgage Assistance Program;(2)Authorize the Mayor to execute the contract on behalf of
the City;and(3)Authodze the President to execute the contract on behalf of the RHDC.
•
ty Council of the City of Rosemead
F. •Declaring Its Intention Resolution No. oVacaate ant Aley betweenon of the i Brighton Street and Del Mar Avenue
and Setting a Public Hearing on the Proposed Vacation
Recommendation: That the City Council approve Resolution No.2015-21, entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,CALIFORNIA,
DECLARING ITS INTENTION TO VACATE THE ALLEY BETWEEN BRIGHTON AND DEL MAR AVENUESTREET
AND SETT NG A PUBLIC HEARING ON THE PROPOSED
VACATION
Moved
mb r Councilm ancon,toa pp ova ther Steven Ly,and ConsentCalendar.eThededmotion unanimously carried by the
Council Member/Board
Member William Alarcon,to app
following vote: AYES:Alarcon,Armenta,Clark,Low,Ly
6. MATTERS FROM CITY MANAGER &STAFF
A. Annual Comprehensive Fee Resolution Update
Recommendation: That the City Council approve Resolution No. 2015-19,entitled:A
ADOPTING RESOLUTION HE COMPREH NSICALIFORNIA,NCIL OF THE CITY OF ROSEMEAD,F
VE SCHEDULE FEES AND CHARGES
Acting Finance Director Carolyn Chu reviewed the staff report.
Mayorelark expressed concerns wgh the amount of the fee for new single family homes.Mrs.Clark stated
that the State and the Regional Housing Needs Assessment required the City to provide for a cedain amount
of residential units in the Zoning code. Mrs.Clark suggested that the fee could waived for a new single family
home if it was owner occupied.However,if a developer builds and sells a new single family home,then the
fee should be charged.
City Manager Allred stated that the fee was an existing fee that has been in place for many years.
Rosemead CO Council and the Sucwssoo Agency to Me
Rosemead Community De vehpment Commission Joint Meeting
Minutes of May 12,2015
Page 7of 13
Mayor Clark inquired about the new fence plan review lee. •
Director of Community Development Ramirez explained that when a new fence is being installed,an
application has to be submitted to the Planning Division for review and approval.She explained that the fee
was to recoup staff cost for reviewing the plans.
Mayor Clark expressed concerns with the yard sale permit lee of$5.
Director of Community Development Ramirez explained that staff was trying to recoup the cost the Planning
Division's and Public Safety Department's staff time. •
Council Member Ly asked how many times a year a resident could have a yard sale.
Director of Community Development Ramirez replied that a resident could have a yard sale twice a year.
CouncilMember Ly suggested the first yard sale permit be free and the subsequent yard sale permit should
cost$5.
Mayor Pro rem Armenta expressed concern that people advertising their yard sales should take their signs
down and net the Public Safety staff,otherwise they should be penalized.
CityAttorney Richman staled that having a penalty for yard sale signs may not work for the reason that the
yard sale applicant may deny ever placing a sign.
Council Member Lowasked about the Increased fee for tract maps.
Assistant City Manager/Acting Public Works Director Hawkesworth explained the fee increase was to cover
staff cost for performing review services.Certain projects have to be referred to the contracted engineers for
their review which increased the cost for performing those reviews.
Council Member Low inquired about the certificate of compliance fee increasing from$600 to$2,000.
Acting Public Works Manager Sullivan explained that the fees were associated with contracted on-call
engineering services-He explained that the fees were previously established on•an older hourly rate and
fixed amount of time.The proposed new fee is the average cost of ten hours of review by the Engineer per
project.
City Manager Alred explained that the reason for the increased fees, is to not have the tax payers subsidize
the cost of the developer's project.
Council Member Low inquired about the street closure foe and asked if it was only for events and projects.
Acting public Works Manager Sullivan replied that the daily rate fee was for any type of street closure.
Council Member Low inquired about the Garvey Park Gymnasium rental feo for nonprofit teams.
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Minutes of May 12,2015
Page of 13
Council
Memberexplained the
Cay
stated Rosemead
residents must be represented nthton-prrosports team to qualify ttwenty-five the gym at no tee.
Council Member Low inquired about shopping cart violation fines.
City Manager Allred replied that the City Council adopted a resolution approving fines for shopping cart
violations that would be added to the fee schedule.
Council Member Lowsuggested the City impose tines for civilians committing graffiti violations.
City Attorney Richman explained there was a fee in existence to issue a criminal citation and the City could
then ask the Court for restitution.
Assistant City Manager/Acting Public Works DirectorHawkesworth added that the City could not prosecute
the crime as both an administrative citation and a criminal violation.lie added if prosecuted,the courts could
levy a fine, but the City could not also levy a fine,
Mayor Pro Tem Artemis suggested that the fee schedule also include violations of illegal shopping cart
retrieval.
Moved by Council Member Steven Ly,and seconded by Council Member Polly Low to approve
Resolution 2015-19,the Comprehensive Fee Schedule and Incorporate amendments of one free yard
sale permit and$5 cost for every subsequent yard sale within the year;and add Illegal shopping cart
retrieval tines to the administrative section:The motion unanimously carried by the following vote:
AYES:Alarcon,Armenia,Clark,Low,Ly
B. Street Sweeping Contract Extension
Recommendation: That the City Council authorize the City Manager to enter into a contract
with Athens Services for street sweeping services at an annual cost of$218,406 for a period
of three years,with the option to renew for two additional years.
•
Assistant City Manager/Acting Public Works Director Hawkesworth reviewed the stall report.
Council Member Low expressed support to continue with Athens Services who has provided good rates to
residents.
Council Member Alarcon agreed wi0t Council Member Low's comments and expressed support to continue
the street sweeping service with Athens Services.
Mayor Pro Tern Armenta stated that Athens has provided exceptional customer service to the City.
Council Member Ly expressed support with Athens Services; however, he expressed concerns with
increased gas cost and operating cost.
Resumed City Council and the Successor Agency to the
Rosemead Comment!y Development Commission Joint Meeting
Minutes of May 12,2015
Page 9 of 13
•
Mayor Clark asked staff if the street sweeping trucks could use recycled water or,not use water at all,to .,.
sweep the streets. - "
•
Assistant City Manager/Acting Public Works Director Hawkesworth stated the City's ability to use more
recycled water would require the installation of a purple pipeline with high flow connection to fill out the city •
trailers and possibly include the Athens Company sweeping trucks.
Council Member Polly Low made a motion,seconded by Council Member William Alarcon to
authorize the City Manager to enter into contract with Athens Services at an annual cost of$218,400
for a period of three years,with the option to renew for two additional years. The motion
unanimously carried by the following vote: AYES:Yes:Alarcon,Armenta,Clark,Low,Ly
C. Water Conservation Measurers Ordinance and Resolution
Recommendation: That the City Council take the following actions:(1)Adopt,as an
urgency ordinance to comply with the Governors mandated water conservation
requirements,Ordinance No. 953,entitled:AN ORDINANCE OF THE CIN COUNCIL OF
THE CITY OF ROSEMEAD,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA
AMENDING CHAPTER 13.04.060 OF THE ROSEMEAD MUNICIPAL CODE
CONCERNING PHASE III WATER SHORTAGE-MANDATORY CONSERVATION;
(2)Approve Resolution No.2015-24,entitled:A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD,CALIFORNIA,DESIGNATING IRRIGATION SCHEDULES
UNDER PHASE Ill WATER SHORTAGE CONDITIONS;and(3)Provide direction regarding
the proposed turf replacement on the Garvey Avenue Medians.
Assistant City ManagerlActing Public Works Director Hawkesworth explained the State has not adopted any
proposed regulations.He added that in speaking with the City Attorney,the City Council should hold off
approving Ordinance No.953 and Resolution 2015-24;since the final restrictions won't go into effect by the
State until July 1,2015.Staff would still want direction in moving forward with the City properties.
Michael Tullius-expressed support of the water conservation resolution. Mr.Tullius added that there
should be more water conservation education and enforcement of water regulations.
Mayor Clark asked how the percentage was calculated by water companies to conserve water.
Mr.Tullius-explained that every water agency in the State was on a list and given category tiers 1-9.Mr.
Tullius stated that his water company was rated at tier 7.
Brian Lewin-expressed support of the water conservation resolution and expressed concerns with water
companies'inequiles of percentages for reducing water usage.Mr.Lewin also spoke in regards to the •
possibility of the Garvey Specific Plan medians changing as part of the project. He suggested adding drought
tolerant landscaping at the Dinsmoor House property.Mr. Lewin suggested new development help conserve
water by being required to install interior water usage like aerators on faucets,water conservation water �--
heads, multi-flow toilets,waterless urinals,etc.He lastly,suggested staff conduct a water usage audit on City
facilities.
•
Rosemead Oily Council and the Successor Agency to the
Rosemead CommunlyDevelopment Commission JointMeelirg -
Minutes ofMay12,2015
Page 10of13
Mayor Clark asked staff to look into some of Mr.Lewin's suggestions relating to water conservation
requirements on new residential and commercial projects.
Council Member Ly inquired about the proposed replacement of turf on Garvey Avenue suggesting artificial
turf be the last resort because it's not esthetically pleasing.Mr.Ly explained that the community may
embrace the idea of water conservation if it sawthe City was making an effort to use drought tolerant
landscaping.
Mayor Pro Tem Armenia stated there was artificial turf that looked very realand asked whether it was
allowable if a resident chose to plant artificial turf.
Acting Public Works Manager Sullivan stated that artifidal turf was something that was included in the
Planning yard ordinance with the Planning Division.
City Manager Allred stated he was not aware of any restrictions for the use of artificial turf. lie continued to
explain that tolemataff shad lhad issuesssewould
ithe irrigation
ibsystems on the medians and excavating the medians to
add ought
Council Member Lystaled that staff is out early in the morning maintaining the median landscapes and
should be able to water the drought tolerant plants.
•
City Manager Allred explained that mature trees in the medians have compromised the irrigation system and
watering drought tolerant landscape regularly would require hand watering which would not be efficient.
Mayor Clark asked if a drip irrigation system would be best.
Assistant City Manager/Acting Public Works Director Hawkesworth explained that in regards to the Garvey
Avenue Specific Plan and the increased traffic,the medians would probably change. It would be costly to
install new irrigation lines and new drip lines for a possible short term solution.Mr. Hawkesworth added that
staff was drought tolrecommending
ant landscaping,the mainnn installing newtenance staff would have to n.If water by hand.e City il proceeded with installing
Council Member Lowstated using tut was a reasonable solution because it was cost effective on
maintenance.
Council Member Ly stated that unless the plan was to remove some of the landscaping,the maintenance
crew was already on site maintaining the medians and it would be a minimal cost.Mr.Ly also explained that
during the summer artificial turf produces more heat.
Mayor Clarkstated she would not like to invest more money it the medians on Garvey Avenue would
change.
Acting Public Works Manager Sullivan staled that the provisions on the medians and irrigation regulations of
the Governors recent mandate,applied to ornamental turf.
Assistant City Manager/Acting Public Works Director Hawkesworth explained that Garvey Avenue was the
Rosemead City Council and the Successor Agency to the
Rosemead Community Development Cennmission Joint Meeting
Minutes of May 72,2015
Page 11 of 13
only street wffh turf that was affected by the ornament turf regulation.He added that the other medians have ry
no turf landscaping and only one median has drip irrigation.
Mayor Pro Tem Armenia asked what the duration of the improvements on Garvey Avenue would be.She
expressed concern in having the corridor blighted because it would be a disservice to the residents.
Mayor Clark asked staff If cost estimates were obtained for the Garvey Avenue median turf.
Acting Public Works Manager Sullivan stated that staff has estimated the cost per square fool on the turf to
be approximately SB to$10 a square foot.
Council Member tyasked how much the cost to switch to drought tolerant landscaping was.
Acting Public Works Manager Sullivan staled staff received pricing on landscaping of$5 to$6 per square
foot. Mr.Sullivan explained the increase In cost was the expense of irrigation and the cost of installing drip
systems.
Council Member Low inquired if staff obtained other cost estimates for City facility locations.
Acting Public Works Manager Sullivan explained that with the smaller projects,if funding was available there
were turf reduction rebates at approximately$2 a square foot. He added some of the smaller projects couki
be done with a combination of in-house services, utilization, and redeployment of TruGreen staff.
Council Member Low asked if the park areas where work was being planned,were also included in the
current budget or next year's budget.
Assistant City Manager/Acting Public Works Directorhawkesworth stated that in terms of the Kflngerman
Park area,the proposal was to stop irrigating and put mulch on certain portions of the turf.Staft's intent was
to get the$2 per square foot rebate to cover the cosi of the mulch.
Mayor Clark asked if the rebate could be done for the Garvey Avenue medians.
Acting Public Works Manager Sullivan stated staff had approximately$28,000 in fund rebates from the water
district for Garvey Avenue.
Mayor Clark suggested staff could place mulch,plant drought tolerant plants and Install drip irrigation
systems for the Garvey medians.
Assistant City Manager/Acting Public Works Director Hawkesworth advised the concerns of having mulch on
the medians on Garvey Avenue,was that the medians have large crowns in which the rain MI slide all the
mulch onto the street.
Council Member Alarcon asked how many medians are on Garvey Avenue.
Acing Public Works Manager Sullivan replied there were approximately 16 medians from East to West on .
Garvey Avenue.
Rosemead City Council and the Successor Agency to the
Rosemead Community Development Commission Joint Meeting
Minutes of May 12,2015
Page 12 of 13
•
City Manager Allredstated that in terms of funding,during the midyear budget adjustments,the City Council
appropriated some funding for the medians.
Acting Public Works Manager Sullivan added that staff was able to isolate the watering expense for the
Garvey Avenue turf medians which ranged from$16,000 to$19,000 annually.
Mayor Pro Tem Armenta asked if the City was looking into any synthetic turf for the ball fields.
City Manager Allred replied no, it's very expensive.
Assistant City Manager/Acting Public Works Director Hawkesworth explained that athletic turf was more
expensive than the ornamental turf.He added there was a current State bill that was looking into concerns of
the materials used to make athletic turf.
Mayor Clark asked who would enforce water regulations.
City Manager Allred stated the water companies would monitor water usage but do not have the authority to
the,except for San Gabriel County Water District,which was a public agency.The City would)be responding
to their referrals for enforcement.
The City Council detested the item to the next meeting.
7. MATTERS FROM CITY COUNCIL—None
9. COUNCIL COMMENTS
Mayor Pro Tern Armenia commended Committee liaison Pat Platt and Committee Member Brian Lewin for
being the judges on the first annual Beautification Awards.Ms.Armenta stated that at the Contract Cities
Association Annual Municipal Conference she was chosen to be part of the Executive Board as Director at
Large.
9. ADJOURNMENT
The meeting adjourned at 0:47 p.m.The next regular City Council meeting- scheduled to take place on May
26,2015 at 6:00 p.m.in the Rosemead City Hall Council ham.:r. /
Carol Cowley,Interim City Clerk
APPROVED:
1
r•- Margaret c ark,Mayor
Rosemead City Council end the Successor Agency to the
Rosemead Community Development Commission Joint Meeting
Minutes of May 12,2015
Page 13 of 13
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