Loading...
Athens Services - Street Sweeping Service AgreementS E M CIVIC PRIDE NCORPORATP99 9- STREET SWEEPING:SERVICES ATHENS SERVICES) 1.: PARTIES AND DATE. This Agreement is made.and entered into-this 'Sf Day of.A1AW, 20t (Effective Date) •by and between.the City of:Rosemead, a Municipal.organizatioh organized under the laws of the State of California with its principal place of business:at 8838 E. Valley: Blvd., Rosemead, California;91.770 ("City") and Athens Servicesa_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 experiencedin providing street sweeping services to public clients, is licensed in the State of California and is familiar with the plans : • of City.: 2.2 Project. City desires to engage Contractor to render such ongoing professional street sweeping ("Services") as set forth in this Agreement. 3: .. ...TERMS. 3.1 Scope of Services:and Term. 3.1.1 General Scope of Services: Contractor promises and agrees to furnish to the Cityall labor, materials,::tools, equipment; services,: and: incidental and customary work necessary to fully and adequately supplythe professional street sweeping services necessary::for the Project, herein referred to as "Services". The ATHENS SERVICES Page 2 of.17 Services are more particularly described in Exhibit A attached hereto anct incorporate herein by reference. All Services:shall •be subject to, and performed; in accordance with;: this Agreement, the exhibits attached hereto and incorporated herein by reference; and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a Three (3) yearperiod from the Effective Date July 1, 2020 to June 30, 2023, unless earlier terminated as provided herein.: Contractor shall complete the Services:within the term;of this Agreement: and shall meet any other established schedules and deadlines. 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 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.: iy 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 limitedto: social security taxes, incometax 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 certainkey personnel will perform and:coordinate the Services under this Agreement. Should one or more ofsuch personnel become unavailable,Contractor may substitute other personnel of atleast equal competence upon written approval:of City_. In the event that City and Contractorcannot agree as to the substitution of key personnel, City shall beentitled to terminate this Agreementfor cause. Asdiscussed below, any personnel ATHENS SERVICES Page 3of17 . 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 City Manager, or his or her designee, to act as its representative for the performance of this Agreement City's Representative'). City's Representative shall have the power to:act on behalf of the City for all purposes:under this 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 hereby designates Ed Chen, orhis/her designee to act as its representative forthe performance of this Agreement ("Contractor's Representative"). Contractor's :Representativeshall 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 professional skill and :attention, and shall be responsible for all means, methods, techniques, sequences and procedures;and for the satisfactory coordination of all portions of the Services under this Agreement _ 3.2.7 Coordination of Services: Contractor agrees:to work closely with City staff in.the performance of Services and shall:be:available to City's staff, contractors:and other:staff at all=reasonable times. . 3.2.8 Standard of Care;. Performance of Employees: Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent : with thestandards generallyrecognized as beingemployed by professionals in thesame discipline in the State of California. Contractor represents and maintains that it is skilled in the:professional calling necessary-to perform the Services. Contractor represents 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 a rovals shall be maintained throughout the term of thisPpg 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 andin compliance withapplicable local state and federal laws, rules and regulations in_- . .. any manner affecting: the performance of the Project or the Services,::including :all Cal/OS.HA::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... . .. ATHENS SERVICES Page 4 of 17. Contractor performs any work knowing:it to be contraryto such laws, rules and regulations and without giving:written notice tothe:City, Contractor'shall be solely:responsible for:alll: costs arising therefrom. Contractor shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any:liability to the extent found to be arising out of any failure by Contractor 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: 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 its employees appropriate to the_nature of the work and the conditionsunder which the work is:to be performed.:Safety precautions as applicable shallinclude, but shallnot 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 apparelas 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 underthis Agreement and shall not exceed Two Hundred Twenty - Five Thousand Dollars ($225,000.00) for year one and allowing for a CPI annual adjustment for year two and year three: in.:accordancewith' Contractor's.proposal dated :May 12, 2020: Contractor's proposal is hereby incorporated and found in Exhi bit'"A . Extra Work may be authorized in writing, as described below, and:will be compensated at the rates and manner setforth in this Agreement. 3.3:2 Payment of Compensation: Contractor shall submit to City a monthly . itemized statement which indicates.work completed :and:hours of Services rendered:by Contractor: The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing:periods, as appropriate, through the date of:the.statement. .City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.: 3.3.3 Reimbursement:for Expenses::Contractor shall not be reimbursed for any expenses:unless authorized in writing by City: ATHENS SERVICES Page 5 of 17 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 ofthe;Project, but:which the parties did not reasonably,anticipate would be'necessary at the execution of this Agreement. Contractor shall:not: perform, nor. be .compensatedfor, 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, 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:to the extent they are applicable to Contractor.City shall provide Contractor with a copy::of the: prevailing rates. of per diem wages in effect :at:the commencement of this Agreement. Contractorshall 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 atthe 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 compete and.. accurate records with respect to all costs and expenses incurred under this Agreement I. 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 allwork, data, documents, proceedings; and activities related to the:Agreement for a period of three (3) years from:the-date of final payment under this Agreement. 3.5 General Provisions: 3.5.1 Termination of Agreement: 3.5.1.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 ATHENS SERVICES Page'6of17 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 contend ere to a felony related tothis agreement. As used in this Section,the term "Contractor-" shall mean only the followin 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 require ::un d er t is Agreement shall-be given to the respective-Parties at the following address; or at such.. otheriaddress as the respective parties may provide in writing for this purpose: CONTRACTOR: Athens Services- 14048 E::Valley Boulevard City-of.Industry, CA 91746 Attn: Ed Chen . = Tel: 626-3363636 Cell:.626-233-5524 CITY: City of Rosemead 8838 Valley Boulevard Rosemead,.CA 91770- Attn: Chris baste, Director of Public Works_ Tel: 626-569-2158 Such notice shall be deemed made when personally delivered or when mailed,forty-eight 48) hours by Certified:Mail or deposit in the U.S.:Mail;first-class postage:prepaid and x. addressed to the party at its applicable address..Actual notice shall bedeemed adequate: notice onthe date actual notice occurred, regardless of the-method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5:3.1 . Documents & Data; Licensing of Intellectual. Property: This Agreement creates a.-non-exclusive and perpetual license for City to copy,. use, modify, reuse, or sublicense any and :all copyrights, designs, and other intellectual property embodied in plans, specifications,studies; drawings, estimates, and other documents or. ATHENS SERVICES Page 7of17 works of authorship fixed in any tangiblemedium 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_agreein 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::The Documents -& Data are intended for usesolely with respect to the:project for which they were prepared. Anyreuse or modification by City 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 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 takerany 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 entitledto have and: • recoverfrom the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense: a. . Indemnity and.Defense To the•fullest extent permitted by law, -Contractor shall indemnify, defend, and hold--- - harmless the Agency, and its officers; employees, and :agents ("Agency indemnitees"), from and against any and all causes of action, claims, liabilities, obligations,:judgments, or damages, including .reasonable legal counsels' fees and costs of litigation (`°claims"), ATHENS SERVICES Page8of17 . arising out of the Contractor's performance of its obligations under this agreement or out of the operations: conducted by Contractor, including the Agency's :active or passive negligence, except for such loss or damage arising from the sole negligenceor willful misconduct of the A enc In the.event the Agency indemnitees are:made a -art togY 9 Y Party any action, lawsuit, or other adversarial proceeding arising-from Contractor's performance.of this agreement the Contractor :shall provide a defense to the Agency indemnitees:or at the Agency's option reimburse the Agency indemnitees their costs of defense; including reasonable legal counsels' fees, incurred in defense of such claims.: 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 provision of this Agreement. H .- 3:5.10 .City's Right to :Employ Other Contractors: City reserves right to employ 7 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. 3.5.12 Assignment or Transfer: Contractor shalt not assignhypothecate, or transfer, either directly or ibY operation of law, this Agreement or any interest herein without the prior-written consent of the City. Any attempt to do so shall:bp 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 theiragents 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,ents, and subcontractors of Contractor-, except as otherwise Specified ing 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 thevarious articlesand 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:: • ATHENS SERVICES Page 9of17 . . 3.5.14 Amendment; Modification:-No supplement, modification; or amendment pf 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 covenantOrcondition. 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 anyportion 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 retainedany company or person, other than a bona fide employee working solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not paid nor has it-agreed to pay any company or person; other than a bona fide employee working solely for Contractor, any fee, commission, percentage; brokerage fee, gift or other consideration contingent upon or resulting from the:award or making_of this Agreement Contractor.:further agrees .to : file, or shall cause its employees or subcontractors to file, a Statement ofEconomic Interest with the City's.Filing Officer as.. requiredunder state-law in.theperformanceof the Services. Forbreach 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 directinterest in this Agreement, or.obtainany present or anticipated material benefit arising;therefrom. 3.5.19 Equal Opportunity Employment; Contractor.represents that it is an equal opportunity employer and it:shall not discriminate against any:subcontractor; employee or applicant for employment because:of race, religion,:color, national origin, handicap, ancestry, sex or .age: Such non-discrimination shall include, but notbe limited to, all: activities related to initial .employment, upgrading, demotion;: transfer, recruitment or recruitment advertisin.gla y off or termination: Contractor shall also comply with all relevant :Y pY: 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 insuredagainst 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 theServices ATHENS SERVICES Page 10of17. 3.5.21 Authority .to Enter Agreement Contractor::has all requisite powerand authority to conduct its business and to execute, deliver, and perform the Agreement..: Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement..may be signed in :counterparts, each of which shall constitute an original.- 3.6 Subcontracting. .: 3.6.1 Prior Approval Required: Contractor shall not 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 . Page 11 of 17 CITY OF ROSEMEAD ATHENS SERVICES Gloria Molleda, City Manager D te. Name: ROLA_ ,^oo a pt Attest: Tit e' r,c,ey 0_40:11 Ericka Hernandez, City Clerk ate If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: ow L. Name. 1/ Rachel Richman Date . City Attorney Title: 1CC f G ATHENS SERVICES - Page 12 of 17 EXHIBIT A SCOPE OF SERVICES/ RATESCHEDULECHEDULE - ATHENS SERVICES Page 13of17.. . .. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the.duration of the Work,:.Contractor will: maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does-_- - --- not meet the requirements set forth:here, Contractor agrees to amend, supplement or. endorse the existing coverage:to do so. Contractor acknowledges that the insurance coverage and policylimits 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. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG:00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and_ property damage. The policy must include contractual liability that has not been amended.Any endorsement restricting standard :ISO.:"insured contract":language will not be accepted.. 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 than $2,000,000 combined single limit for each accident. If Contractor owns-no:: vehicles, this requirement maybe satisfied by a non-owned auto endorsement .tothe general liability policy described above. If Contractor or Contractor's employeeswill use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such.person. Workers Comensation on a state-approved .policy form providing statutory benefits as required by law with employer's liability:limitsno 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 Inc u e a drop down provision providing primary coverage above a maximum $25,00.0 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...- ATHENS SERVICES Page'14 of 17 . 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 reauired herein. Limits are subjectto review but in no event less than$1 Million per occurrence: Pollution .(environmental .impairment) :Liability: Environmental Impairment :Liability Insurance shall: be written on a Contractor's Pollution Liability form- or other form acceptable to Agency providing coverage for liability arising out of sudden :accidental and gradual pollution and remediation. The policy limit:shall be no less than$1,000,000 dollars perclaim and in the aggregate, All activities undertaken in-this agreement shall .be... . specifically scheduled on the policy:as"covered operations." Insurance procured pursuant'to (hese requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and:a minimum financial Size VII. General conditions pertaining to provision of.:insurance coverage: by Contractor..: Contractor: and City agree to the following with respect to insurance provided by ontractor: 1. Contractor agreesto have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees and a ents, Using standard:ISO:endorsementNo._CG 2010.(or-- Otherwise orotherwiseconsistentwiththe :insurer's endorsement). 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 dolikewise:: .:.: 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 anyother 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. ATHENS SERVICES Page15of17 . 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 anemployee 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'sprior written consent. Proof of compliance with these insurance requirements,: consisting of7. certificates of insurance evidencing all of the_coverages required and -an. - . .. additional insured endorsement to Contractor's general liability policy, shall:: :. be delivered to :City at or prior to the execution of this Agreement: In:the event such:proof of any insurance is not delivered as required,:or in.the event such insurance is canceled at any time and no replacement coverage:: is provided;, City has the right, but not the dUty, to obtain any insurance it: deems necessary to protect itsinterests 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 ordeducted from sums due Contractor, at City option.. ...: : .: 8. Certificate(s) are to reflect that theinsurer will provide 30 days notice to City of any cancellation of coverage.:=A ten (10) day notice to City shall:apply to nonpayment of premiums. Contractor agrees to require its:insurer to modify such certificatestodelete any exculpatorywording.stating that failure of the insurer to mail written notice of-cancellation imposes no obligation, or that any party.will "endeavor , (as opposedto being required) to comply with the: requirements of the certificate. ... 9. It is acknowledged by the parties of thisagreement that all insurance coverage (except Professional Liability: and Workers' Compensation) 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 a reel :to ensure that subcontractors, and anyother party9p .. involvedwith the project:who is brought onto or involved inthe project:by Contractor, provide the same minimum insurance coverage :required of Contractor: Contractor agrees to monitorand 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-t at ATHENS SERVICES Page 16 of 17 . 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 ofwork: on the project contemplated by this agreement to self-insure:its obligations to City: If Contractor's existing coverage:includes a deductible orself-insured retention, the deductible or self-insured retention must be .. . .. declared :to the City. Atthat 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. 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 anyactual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does itwaiVe any rights hereunder in this or any other regard. : 15. Contractor will renew the required coverage:annually as longus City, or:its employees or agents.: face an exposure from operations of any type: pursuant to this agreement: Thisobligation 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 duringthe 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 ATHENS SERVICES = Page 17of17. 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 sute any statutory immunitydefenses 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:6 given coverage feature is for purposes... ofclarification only as itpertains 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 Agreementto the extent that any other section or provision conflicts with or impairsthe 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 Contractorfor the cost of additional insurancecoverage 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. : .: litejimimilimis.Athens Services May 12,2020 Gloria Molleda,City Manager City of Rosemead 8838 Valley Boulevard Rosemead, CA 91754 Dear City Manager Molleda: Since 2010,Athens has enjoyed our partnership with the City ofRosemead. We are requesting an extension to our street sweeping services agreement to continue this excellent partnership. To assist the City in this process with the current contract expiration date of June 2020 in mind,we are providing some detailed information regarding recent request for proposal results. Rosemead enjoys a curb mile rate of$23.50, which is a competitive rate that is below market value. The market for street sweeping services remains volatile in 2019 as cost ofdisposal and labor continue to have an effect on the industry. As you can see from the below table,Rosemead pays below market rates based on the most recent RFP results by nearby jurisdictions in Southern California in 2019. RECENTSOUTHERN CALIFORNIA STREETSWEEPING-RFP RESULTS City Date Athens Cleanstreet CR&R Cannon Pacific Dickson KellarSweeping Garden Grove 1/22/2019 a 3g.^i , La Verne* 4/1/2019 0111110,21 32.30 36.75 Orange** 5/14/2019 Redlands 10/15/2019 32.00 22.741111.11111M 49.00 Seal Beach 10/28/2019 Ltd 44.60 City of La Verne transitioned from municipal service The City of Orange awarded street sweepingcontract to its solid waste service provider. In order to save the city the expense of an RFP process,plus the risk of receiving a higher rate than you currently have, we respectfully request a 3-year extension of our term at current rates. Starting in 2021, we reserve the option to request for an annual CPI adjustment with your administrative approval. As one ofthe first cities to pay street sweeping out of Gas Tax funds,the City of Rosemead is already employing the best practices in the industry by spending restricted fund dollars on road maintenance,which benefit all of your residents. The demand for street sweeping will only increase as cities face Federal Clean Water Act regulations as it pertains to managing its storm water permit. On behalf ofthe dedicated Athens employees,we thank you for your consideration. Sincerely, 000k0400.% Ed Chen Director, Government Affairs www.AthensServices.com 1 iI EXHIBIT A SCOPE OF WORK Contractor shall provide-all labor and equipment necessary to perform street sweeping services in the City of Rosemead in accordance with this Agreement, on the following terms and conditions. A. Definitions 1) "Streets" shall mean all dedicated public rights-of-way within the existing or future corporate limits of the City. 2) "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage and other foreign material removable from a paved street with a street sweeper. 3) "Curb-mile" means a swept path not less than eight(8) feet wide for a cumulative total length of 5,280 feet. 4) "Roadbed"means entire street pavement from curb to curb. B. Description of Required Services and Experience 1) General. The primary objective of street sweeping is to pick up all debris to ensure the free flow of water in the gutter and to maintain the streets in a state of cleanliness. Contractor shall remove all debris from all streets every weekly sweeping cycle. Items of excessive size, such as cardboard, palm fronds, large rocks, etc., shall be physically picked up and placed in the sweeper by the Contractor. Sweeping shall normally consist of a single pass over an area. Additional passes shall be made as necessary when conditions warrant special attention. Debris collection may require more than one pass in order to sufficiently clean the street. This service shall be included in the unit curb-mile price at no additional cost to the City. 2) 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. 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 tb 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 clocks, or vehicle speed monitors to verify the quality and quantity of the work performed. All vehicles and equipment used by the Contractor within the City limits must be clearly identified, on each side of the vehicle or equipment, with the name of the Contractor, address of the Contractor's office, and telephone number. All equipment must be equipped in accordance with State laws, including hazard lights visible from the rear that operate independently of the brake lights. Sweepers must be quipped with mobile radio communications to the Contractor's dispatch office. 1 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 T 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. L. Contractor's Employees Contractor's employees shall be required to. wear a clean uniform bearing the Contractor's name. Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification, such. as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Drivers License issued by the State of California. Any person employed by the Contractor who fails or refuses to carryoutthedirectionsoftheCity, 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. IC 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. Routin,g and Sweeper Availability Street sweeping routes and schedules shall be developed by th.e 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 no later than fifteen (15) days prior to the initiation of sweeping operations or changes in operation. The City reserves the right to request changes in routing or hours of operation at any time. Each sweeper shall have its own operator and. scheduled route. Any and all sweeper breakdowns and repairs shall be reported immediately to the Public Works Director. O. Construction-Related Problems and Storm Debris Dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Contractor if located within five hundred (500) feet of a construction site. However, the Contractor is required to totally clean all dirt and debris carried by traffic to areas beyond this limit. Storm clean up and sweeping must be completed as soon as possible. Night sweeping may be permitted for normal storm cleanup, if authorized by the City. . P. Records and Reports The following reports shall be submitted to the City each month along with the invoice for services. 1) Monthly Log Report. The Contractor shall keep a daily log of all streets swept, including the name and location of the streets and the number of curb-miles swept, along with a description of any special services performed. The log shall be signed by the Supervisor on a daily basis. Each' month, a report shall be prepared from the daily log giving a brief description of all routine special and emergency activities. 2) Emergency Calls. The Contractor shall maintain a positive recording of all emergency service calls, by telephone recording device or by a time punch-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 ollowupresponsewithintwenty-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.• I S. Cooperation with Utility and Other Companies Work within the City by utility and construction companies may be progressing concurrently with the work under this Agreement. It is the responsibility of the Contractor to be informed of work planned by these parties and to coordinate street sweeping work accordingly. T. City Special Events Contractor will provide street sweeping services free of charge in conjunction with up to four (4) City-sanctioned special events each year. These events may include the City's Independence Day/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 tq 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 willevaluatetheperformanceofthecontractoranddeterminewhetherthe 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, if applicable, and/or negotiated between the two parties of the contract. 11 I i REQUIRED CONTRACT REPORTS I. Monthly/Weekly Service Report 2. Monthly/Weekly Performance Report . 3. Monthly/Weekly Green Waste Recycling/ Diversion Report II 4. Emergency Calls Log 5. Complaint Log Y 1 7_,LfQ V Page 1 of 1 O. L DATE,(MM/DD/YYYY)AC0RL CERTIFICATE OF LIABILITY INSURANCE 03/03/2020 THIS CERTIFICATE IS ISSUED AS A MATTER 'OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON.THE CERTIFICATE HOLDER. THIS. CERTIFICATE DOES NOT AFFIRMATIVELY OR 'NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED. BY THE,POLICIES" BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT'CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),. AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate•holder is an ADDITIONAL.INSURED,the policy(ies)must'have ADDITIONAL'INSURED.provisions or be endorsed."- •. If'SUBROGATION IS WAIVED, subject to the terms and conditions of th"e policy, certain policies may require-an endorsement. A statement on this certificate does not confer rights to•the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate-CenterNAME: Willis Towers Watson Insurance Services West, Inc. PHONE 1-877-945-7378 FAX '1-868-467='2378 c/o 26 Century'Blvd Walt;Ext): A/C,No): E-MAIL P.O. Box 305191 certificateswADDRESS:@ illis.coin Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAICRECEIVED b ®F Rte• m..___ _ INSURER A:,AIG Specialty Insurance -Company 26883 INSURED bob T INSURER B': Greenwich Insurance Company 22322 •. Athena Services, Inc.' 114048ValleyBlvd.MAR 0 2020 INSURER C: Insurance America Inc 24554 City Of Industry; CA.91746 INSURER D: CITY CLERK'S OFFICE . INSURER E: BY. INSURER F: COVERAGES CERTIFICATE B R:w 9484 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD,INDICATED.. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS . CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED'HEREIN IS SUBJECT TO ALL THE.TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE NSP WVD POLICY NUMBER MM/DD/YYYY) (MM/DDIYYYY) LIMITS X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE. X OCCUR PREMISES(Ea occurence)• $ 300,000 A MED'EXP(Any one person) $ 25,000 Y EG 6439324 03/01/2020' 03/01/2021 PERSONAL&ADVINJURY $- 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ 2,000;000 POLICY X ,.jEgi X LOC PRODUCTS"-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $• 5,000,000Eaaccident)- X ANYAUTO BODILY INJURY(Perperson) $, S OWNED SCHEDULED RA0500042706 03/01/2020 03/01/2021 .BODILY INJURY(Peraccident)'$ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accidents UMBRELLA UAB I I OCCUR I I EACH OCCURRENCE EXCESS LIAB f--jl CLAIMS-MADE AGGREGATE' DED RETENTIONS 8 WORKERS COMPENSATION X PER I OTH- AND EMPLOYERS'LIABILITY Y!N STATUTE ER• C 'ANYPROPRIETOR/PARTNER/EXECUTIVE • E.L,EACH ACCIDENT 1,000,000 OFFICER/MEMBEREXCLUDED? No, N.l.A RWD500042606' 03/01/2020 03/01/20211,000',000Mandatory,In NH). El:DISEASE" EA':EMPLOYEE S. IIyes,describe under 1,000,000DESCRIPTIONOFOPERATIONSbelowEL.DISEASE-POLICY•LIMIT $ DESCRIPTION OF OPERATIONS'!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached IImore space'lsrequired) The City of .Rosemead, its officials 'employees and agents are included as -Additional Insureds as• respects to General Liability 'as. required by written contract. .It is further agreed that such' insurance as is afforded shall 'be Primary with any other insurance in force for or which may be purchased by the Additional 'Insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE'DESCRIBED POLICIES BE CANCELLEDBEFORE ' ' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCEWITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City cf Rosemead 8838 E. Valley Blvd. I Rosemead, CA 91770 a2 i`l.. , 1988-2016 ACORD CORPORATION.. All rights reserved. ACORD 25(2016/03)The;ACORD name and logo are registered marks of ACORD DD ID: 19335372 BATcli: 1599789 2 of 2 36779 E M A FIRST AMENDMENT TO STREET SWEEPING SERVICES AGREEMENT ATHENS SERVICES) This FIRST AMENDMENT ("Amendment") is made and entered into this 271h day of February, 2018 ("Effective Date"), by and between the City of Rosemead ("City"), a municipal organization, and Athens Services ("Contractor"). WHEREAS, City and Contractor entered into an agreement on June 24, 2015, for Street Sweeping Services (the "Agreement"); and WHEREAS, this Agreement is set to expire on June 30, 2018; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement for up to two additional years. NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 3.1.2 "Term" shall be amended to read: 3.12. Term. The term of this Agreement shall be from July 1, 2018 to June 30, 2020, unless earlier terminated as provided herein. 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 if necessary to complete the Services. SECTION 2. Section 3.3.1 "Compensation"shall be amended to read: 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Two Hundred Twenty-Five Thousand Dollars ($225,000) annually, billed at a maximum of Eighteen Thousand Seven Hundred Fifty Dollars ($18,750.00) 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. SECTION 3. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. 1 SECTION 4. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF ROSEMEAD ATHENS SERVICES BY: BY: Pol Greraj'Mayor Presi.w t If Corporation,TWO SIGNATURES, Attest: 47i9ORPO;E enpresident AND SEALBy: BY: Mme•Beeeh ue Enc,+ //e 4OAJr2 Gary M. Clifford City Clerk Executive Vice President Appro -. as to Fo : r BYE ./. ,. .:// Rachel Richman Burke, Williams & Sorensen, LLP City Attorney 2 C,rY STREET SWEEPING SERVICES AGREEMENT ATHENS SERVICES) PARTIES AND DATE. This Agreement is made and entered into this 2-14 of 1_ 20-LIS 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 familiarwith 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 Page 2 of 10 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 Page 3 of 10 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. 3.2.7 Coordination of Services: Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains 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: Contractorshall 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 Page 4 of 10 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 ($18,200) 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 Expenses: Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, 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 of 10 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 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 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 Page 6 of 10 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 non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services 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 Page 7 of 10 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 bylaw, 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 Page 8 of 10 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 fide employee working solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 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 under state 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 Page 9 of 10 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 power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Contractor shall not 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 Page 10 of 10 CITY OF ROSEMEAD By: 4teJAllred, City Ma ager Attest: ATHENS SERVICES By ,` Date Name: f mmj r °/ P4411 ivAlq J Gloria Molleda, City Clerk Da e Approved as to Form: Title: 0. (l If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By Date Name: Rachel H. Richman Date City Attorney Title: (T ATHENS SERVICES EXHIBIT A SCOPE OF SERVICES & COMPENSATION SEE REQUEST FOR PROPOSAL (RFP) AND CONTRACTOR'S PROPOSAL w ServiAlkAthensces WaefeC011ectlon• Fleeycling• 4ensler•Olspgeel•Streef9weeping April 20, 2015 Sean Sullivan City ofRosemead 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: nfe efhona: Nafinnwiria Cleansfreef Dicksnn Sunset Webco West Hollywood May-14 44.50 32.87 Placentia Sep-14 23.65 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 I 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, Tommy Ouzoonian Franchise Division Sales Manager P.O. Box 60009, City of Industry, 91716 626) 336 -3636 EXHIBIT A SCOPE OF WORK Contractor shall provide all labor and equipment necessary to perform street sweeping services in the City of Rosemead in accordance with this Agreement, on the following terms and conditions. A. Definitions 1) "Streets" shall mean all dedicated public rights -of -way within the existing or future corporate limits of the City. 2) "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage and other foreign material removable from a paved street with a street sweeper. 3) "Curb- mile" means a swept path not less than eight (8) feet wide for a cumulative total length of 5,280 feet. 4) `Roadbed" means entire street pavement from curb to curb. B. Description of Required Services and Experience 1) General The primary objective of street sweeping is to pick up all debris to ensure the free flow of water in the gutter and to maintain the streets in a state of cleanliness. Contractor shall remove all debris from all streets every weekly sweeping cycle. Items of excessive size, such as cardboard, palm fronds, large rocks, etc., shall be physically picked up and placed in the sweeper by the Contractor. Sweeping shall normally consist of a single pass over an area. Additional passes shall be made as necessary when conditions warrant special attention. Debris collection may require more than one pass in order to sufficiently clean the street. This service shall be included in the unit curb -mile price at no additional cost to the City. 2) 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. 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 President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day During the week of a holiday, the Contractor shall adjust the weekly schedule so as to return to the normal weekly schedule the following week. Sweeping scheduled for a holiday shall be completed within seven (7) days following the holiday. Holiday sweeping schedules must be submitted to the Public Works Director thirty (30) days prior to the holiday. No modification of this holiday schedule shall be effective unless authorized in writing by the Public Works Director. E. Changes in Schedule Due to Weather Conditions The Contractor shall obtain approval from the Public Works Director for any change in schedule due to adverse weather conditions. When a change in schedule is necessary, the Contractor shall adjust the work schedule so as to return to the normal weekly schedule as soon as possible. The City reserves the right to direct schedule changes made necessary due to inclement weather. F. Disposal and Recycling of Materials The Contractor shall transport and dispose of all sweeping at a composting or recycling center in accordance with all City, County, State, and Federal requirements. Contractor shall divert or compost all street sweepings to the greatest extent possible, obtaining a minimum of eighty —five percent (85 %) diversion rate from landfills. Sweepings may be deposited. at temporary dumpsites with the prior approval of the property owner and the Public Works Director. Sweeping shall be removed from such sites each day. Contractor shall be entitled to no other income, expenses or charges from the City for disposing of sweepings at any disposal site within or outside the City limits. The Public Works Director may, at any time, require the Contractor to relocate, completely remove or discontinue use of such disposal sites. The Contractor shall report on a monthly basis the amount of sweepings disposed of at a composting or recycling center and the name and address the facility. G. Street Sweeping Equipment The Contractor shall, as a minimum, keep their equipment well - maintained, neatly painted and meet other reasonable standards as may be established by the Public Works Director. Adequate back -up equipment must be available at all times to service the City. Contractor shall submit in its proposal a listing of all equipment including back -up equipment) proposed to furnish under this Agreement (including year, make, and condition). The City may, at its sole discretion and expenses, require an annual inspection of Contractor's equipment. 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 clocks, or vehicle speed monitors to verify the quality and quantity of the work performed. All vehicles and equipment used by the Contractor within the City limits must be clearly identified, on each side of the vehicle or equipment, with the name of the Contractor, address of the Contractor's office, and telephone number. All equipment must be equipped in accordance with State laws, including hazard lights visible from the rear that operate independently of the brake lights. Sweepers must be quipped with mobile radio communications to the Contractor's dispatch office. H. Equipment Storage The Contractor shall be responsible for all costs associates with equipment storage. No material and equipment shall be stored where it will interfere with the free and safe passage of public or construction traffic. At the end of each day's work and at all other times when sweeping operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the roadway and open it for use by traffic. I. 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. L. Contractor's Employees Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Drivers License issued by the State of California. Any person employed by the Contractor who fails or refuses to carry out the directions of the City, appears to be incompetent, acts in a disorderly, improper or unsafe manner, or shows signs of intoxication or other impairment shall be immediately removed from the job site by the Contractor. Prior to returning a removed employee to work within the City, the Contractor shall provide in writing the reason for the individual's behavior and the means used to prevent this behavior from occurring again. Failure of the Contractor to prevent, prohibit, or resolve problems with its employees working within the City will result in sweeping operations being suspended until further notice. The City may enter a contract with another party for street sweeping services during such a suspension, and the Contractor will be liable for all costs. M. Sweepina 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 no later than fifteen (15) days prior to the initiation of sweeping operations or changes in operation. The City reserves the right to request changes in routing or hours of operation at any time. Each sweeper shall have its own operator and scheduled route. Any and all sweeper breakdowns and repairs shall be reported immediately to the Public Works Director. O. Construction - Related Problems and Storm Debris Dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Contractor if located within five hundred (500) feet of a construction site. However, the Contractor is required to totally clean all dirt and debris carried by traffic to areas beyond this limit. Storm clean up and sweeping must be completed as soon as possible. Night sweeping may be permitted for normal storm cleanup, if authorized by the City. P. Records and Reports The following reports shall be submitted to the City each month along with the invoice for services. 1) Monthly Log Report, The Contractor shall keep a daily log of all streets swept, including the name and location of the streets and the number of curb -miles swept, along with a description of any special services performed. The log shall be signed by the Supervisor on a daily basis. Each month, a report shall be prepared from the daily log giving a brief description of all routine special and emergency activities. 2) Emergency Calls. The Contractor shall maintain a positive recording of all emergency service calls, by telephone recording device or by a time punch -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 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, if applicable, and /or negotiated between the two parties of the contract. REQUIRED CONTRACT REPORTS Monthly/ Weekly Service Report 2. Monthly/ Weekly Performance Report 3. Monthly/ Weekly Green Waste Recycling/ Diversion Report 4. Emergency Calls Log Complaint Log ATHENS SERVICES EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintaininsuranceinconformancewiththerequirementssetforthbelow. Contractor will use existing coverage to comply with these requirements. If that existing coverage does notmeettherequirementssetforthhere, Contractor agrees to amend, supplement orendorsetheexistingcoveragetodoso. Contractor acknowledges that the insurance coverage andpolicylimitssetforthinthissectionconstitutetheminimumamountofcoveragerequired.Any insurance proceeds available to City in excess of the limits and coverage required inthisagreementandwhichisapplicabletoagivenloss, 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 bepaidinadditiontolimits. There shall be no cross liability exclusion for claims or suits byoneinsuredagainstanother. 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 lessthat $5,000,000 per accident. If Contractor owns no vehicles, this requirement may besatisfiedbyanon -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. Anysuchcoverageprovidedunderanumbrellaliabilitypolicyshallincludeadropdown provision providing primary coverage above a maximum $25,000 self- insured retention forliabilitynotcoveredbyprimarybutcoveredbytheumbrella. Coverage shall be provided ona "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shallcontainaprovisionobligatinginsureratthetimeinsured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusionprecludingcoverageforclaimsorsuitsbyoneinsuredagainstanother. Coverage shall beapplicabletoCityforinjurytoemployeesofContractor, subContractors or others involvedintheWork. 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. ME 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 oftheContractorand "Covered Professional Services as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no lessthan $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that arelicensedcarriersinthestateofCaliforniaandwithanA.M. Bests rating ofA- orbetter and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 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 rightofsubrogationpriortoaloss. 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 thepolicies. 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 toeliminateso- 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 notmakeanyreductionsinscopeofcoverage (e.g. elimination of contractual liabilityorreductionofdiscoveryperiod) that may affect City's protection without City's prior written consent. IM ATHENS SERVICES Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 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. B -3 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 part of City to inform Contractor of non - compliance with any insurance requirement in no 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 H 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. M ATHESER -01 ESPINESENMI aco CERTIFICATE OF LIABILITY INSURANCE OAT 3 /6 /2016 YY) 3/6/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Insurance Services of California, Inc. c/o 26 Cantury Blvd P.O. Box 305191 Nashville, TN 37230 -5191 CONTACTNAME: aI E,t:( 945-7378 AIC No: (888) 467 -2378 E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:AIG Specialty Insurance Company 26883 INSURED INSURER B: Greenwich Insurance Company 22322 Athens Services, Inc.INSURERC:XL Insurance America, Inc.24554 INSURER D:14048 Valley Blvd. City of Industry, CA 91746 INSURER E: INSURER F; 300,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR rypE OF INSURANCE ADDLINSID SUERWVD POLICY NUMBER POLICY EFFMMIDD/YYYY POLICY EXPMMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS -MADE OCCUR X EG6439324 03/01/2015 0310112016 DANCREDTIPREMISESEaoccurrence 300,00 MED EXP (Any one person)25,000 PERSONAL &ADV INJURY 1,000,000 LIMITAPPLIES PER GENERAL AGGREGATE 2,000,000GEN'LAGGREGATE POLICY JECT [X] LOCX PRODUCTS- COMP /OPAGG 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accitlent 5,000,000 X BODILY INJURY (Per person)B ANY AUTO RADS00042701 03/01/2015 0310112016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Peraceitlem) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peraceitlent UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATEEXCESSLIABCLAIMS -MADE DED RETENTION$ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITYANYPROPRIETOR /PARTNER /EXECUTIVE YIN OFFICERIMEM BER EXCLUDED? Mandatory In NH) NIA RWD500042601 03/01/2015 03/01/2016 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be atfachetl ifmore space is required) The City of Rosemead, its officials employees and agents are included as Additional Insureds as respects to General Liability as required by written contract. It is further agreed that such insurance as is afforded shall be Primary with any other insurance in force for or which may be purchased by the Additional Insureds. CERTIFICATE HOLDER CANCELLATION 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The City Rosemead 8838 E. Valley Blvd. Rosemead CA 91770 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSUhANCE DATE page 1 of 1 05/203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subjectto the terms and conditions of the policy, certain policies may require an endorsement. A statementon this certificate does not confer rightsto the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Insurance Services of California, Inc. CIO 26 century Blvd. NAME: PHONE FAX A/O No Ex 877- 945 -7378 c NM 888- 467 -2378 AooaIESS: certificatesOwillis.comB. O. Box 305191 Nashville, TN 37230 -5191 INSURER(S)AFFORDING COVERAGE NAIC# A., Chartie Specialty Insurance Company 26883 -900INSURER INSURED Athens Services, Inc. INSURERE:'Arch Insurance Company 11150 -001 1,000,000 OAMAGETO RENTE PREMISES Ea occureD nce 14048 Valley Blvd. - ...INSURER'Ei City of Industry, CA 91746 INSURER D: INSURER E: INSURERF. COVERAGES CERTIFICATE NUMBER: 19481I95 = - - REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION.. OF_ ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE'AFFORDED -BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE Nq mp POLICYNUM13ER MMIDDrYTIOn POLIpp EXYY LIMITS A GENERALLIABILITY y EG6439324 3/1/2013 3/1/2014 EACH OCCURRENCE 1,000,000 OAMAGETO RENTE PREMISES Ea occureD nce 300,000XCOMMERCIALGENERALLIABILITY CLAIMS- MADEI—x IOCCUR MED EXP(Anyone person) 25,000 PERSONAL &ADV INJURY 1.000,000 GENERAL AGGREGATE 2,000,000 GENT AGGREGATELIMIT APPLIES PER: PRODUCTS- COMP /OP AGG 2,000,000 X POLICY PE '1LOC E AUTOMOBILE LIABILITY 71CAB4941505 3/l/2013 3/1/2014 COMBidenl) NGLE LIMIT 2,000,000 BODILY INJURY(Perperson) X ANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILYINJURV(Peraccident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Peraccident UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATEEXCESSLIABCLAIMS -MADE DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE F N/A 71WCI4941605 3/1/2013 3 1 2014 X TATU- T- TORY LIMITS ER E.L. EACH ACCIDENT 1,000,000 OFFICrRtMEMBER EXCLUDED? FtManclaim In NH) yes, describe under E.L. DISEASE -EA EMPLOYEE S 1,000,000 DESCRIPTION OFOPERATIONS below E.L. DISEASE - POLICYLIMIT 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (AttachAcord 101, Addilonal Remarks Schedule, it more space is required) The City of Rosemead, its officials employees and agents are included as Additional Insureds as respects to General Liability as required by written contract. It is further agreed that such insurance as is afforded shall be Primary with any, other insurance in force for or which may be purchased by the Additional Insureds. SHOULD ANY OF THE ABOVE DESCRIBED POLICI ES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED The City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Coll :4025766 Tnl- 1605352 CRrt- 194R1 "S If) ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD TION. All rinhtc reeerved City Original CITY OF ROSEMEAD CONTRACT SERVICE AGREEMENT FOR STREET SWEEPING SERVICES ATHENS SERVICES) AUTHORIZATION TO EXTEND AGREEMENT FOR TWO (2) YEARS The Agreement that was made and entered into on the 26th day of May, 2010 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 Boulevard, Rosemead, CA 91770 and Athens Services with its principal place of business at 5355 Vincent Avenue, Irwindale, CA 91706, is hereby extended from the period of July 1, 2013 through June 30, 2015. All existing provisions of the original agreement and previous extension remain in effect. Signed: CITY OF ROSEMEAD ATHENS SERVICES ASK FW/ - By: WW By: pzl x 7' JEK Allred Gary Clifford Date ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGgA DATE: JUNE 25, 2013 SUBJECT: APPROVAL OF CITY'S OPTION TO EXTEND AGREEMENT FOR STREET SWEEPING SERVICES SUMMARY The City of Rosemead provides street sweeping services through .a contractual agreement with Athens Services. Per the agreement, all City streets are swept at least once weekly, Monday through Friday. The existing agreement was set for a three (3) year period and is set to expire on June 30, 2013. In this agreement, the City holds the option to extend the agreement for two (2) additional years. Based on the current competitive rate and high level of services provided by the current contractor, it is beneficial for the City to extend the agreement for the remaining two (2) years. The City Council reviewed this issue on June 11, 2013 and concurred with continuing with the existing street sweeping services agreement. Staff Recommendation It is recommended that the City Council approve the option to extend the City's street sweeping agreement. DISCUSSION The current contract for City street sweeping services expires on June 30, 2013. The scope of work in this contract includes providing weekly street sweeping services throughout the community. The contract includes service levels, reporting requirements, recycling requirements and equipment standards. Street sweeping is an important element in the City's water quality efforts, helping to remove potentially harmful trash, metals, and bacterial materials from storm drains and the region's watershed. The scope of work in the existing agreement for street sweeping services includes sweeping for all residential, arterial, and collector streets in the City. Service levels are briefly described below and are regularly monitored by City staff. Provide street sweeping services once weekly in residential areas and twice weekly in specified commercial areas. Provide the City with sweeping logs including materials collected and ITEM N®. ?mil City Council Meeting June 2, 2013 Page 2 of 3 recycled, miles traveled, and areas swept. Utilize street sweeping equipment in compliance with Air Quality Management District Rule 1186.1 alternative fuel vehicle standards. Coordinate with Public Safety Department parking control officers on daily routes. Provide the City with additional street sweeping in conjunction with up to 4 special events each year. Contractor Performance During the term of the existing agreement, the contractor has performed above expectations in street sweeping activities. The contractor sweeps local streets according to the City's schedules, is timely, and provides excellent customer service. The contractor utilizes alternative fuels in its street sweepers and coordinates well with City staff (Public Works and Public Safety /Parking Control). In addition, the contractor has assisted with other non - routine services, including responding to emergency situations (severe windstorms, accidents, etc.) and participating in other City activities sponsor for the City's Annual Public Works Day). Rate Comparison — Surrounding Communities Staff recently obtained a sample survey of street sweeping rates in nearby communities. A common method of cost comparison in street sweeping services is known as a "per curb mile" rate. It should be noted that when comparing costs for surrounding cities there are other considerations to take into account. For instance, some cities require additional cleaning services beyond only street sweeping, while some combine street sweeping services with solid waste collection services. These variations may yield differing rates depending on the services that are included. The rates of a few nearby communities are listed below as a reference. City Curb Mile Rate Azusa 19.68 Diamond Bar 13.55 Monte 15.38El La Canada Flintrid a 20.51 Rosemead 17.84 San Gabriel 27.82 West Covina 21.05 As indicated in the chart, the City's per curb mile rate is currently within the range of rates offered in nearby communities. Based on this comparison, it is not certain that the City would realize cost savings in pursuing a formal request for proposal process. Further, the City's proposed Fiscal Year 2014 budget contemplates the continuation of street sweeping services at current rates. Any increases in rates would likely necessitate the appropriation of additional monies to fund these services. City Council Meeting June 2, 2013 Page 3 of 3 FINANCIAL REVIEW Funding for street sweeping services is provided through Gas Tax funds. In Fiscal Year 2013, approximately $175,000 was budgeted for these services. ENVIRONMENTAL REVIEW This project does not require environmental review. PUBLIC NOTICE This agenda item has been noticed through the regular agenda notification process. Submitted by: G Chris Marcarello Director of Public Works Attachment 1: Maintenance Services Agreement— Street Sweeping Services CERTIFIGATE OF LIABILITY INSUhANCE page 1 of 1 03/05/ 013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. IfSUBROGATION IS WAIVED, subject to the terms and conditionsof the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Insurance Services of California, Inc. c/o 26 Century Blvd. P. O. Box 305191 Nashville, TN 37230 -5191 CONTACTNAME: PHONE FAX ac No,,, 877- 945 -7378 A/O ry 888- 467 -2378 ADDRESS certificates®willis.com INSURER(S)AFFORDING COVERAGE NAICtt IN$URERA;. Chartis Specialty Insurance Company 26883 -900 EG6439324 INSURED Athena Services, Inc. INSURER R!Ar h Insurance Company 11150 -001 INSURER Ci PR EM ISESOEaoccurence 14048 Valley Blvd. City of Industry, CA 91746 INSURERD: INSURER : 1 I) INSUREREF. CLAIMS -MADE OCCUR COVERAGES CERTIFICATE NUMBER: 19481195 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION. OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTRR TYPEOFINSURANCE q q mD POLICYNUMBER EFF MWDD EXP IWWDD LIMITS A GENERAL LIABILITY y EG6439324 3/1/2013 3/1/2014 EACHOCCURRENCE 1,000,000 PR EM ISESOEaoccurence S 300,000XCOMMERCIALGENERALLIABILITY CLAIMS -MADE OCCUR MED EXP(Anyone person) 25,000 PERSONALBADV INJURY 11000,000 GENERALAGGREGATE 2,000.000 GENT AGGREGATE LIMITAPPLIES PER PRODUCTS - COMP /OPAGG 2,000,000 X POLICY PTEOT 'LOC B AUTOMOBILE LIABILITY 71CAB4941505 3/1/2013 3/1/2014 INEDSINGLE LIMITCOM(Ea Bcident) ac 2,000,000 BODILY INJURV(Perperson) SXANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURV(Peraccident) PROPERTYDAMAGE Perecitlent) EDHIREDAUTOSAUTOS UMBRELLA LIAR OCCUR EACHOCCURRENCE AGGREGATEEXCESSLIABCLAIMS -MADE DED I RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ ANY PROPRIETOR/PARTNER/EXECUTIVE 71WCI4941605 3/1/2013 3/1/2014 X U TTORYTATLIMITSER E.L. EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? Mandatory in NH) fI yes, describe under DESCRIPTION OFOPERATIONS below N/A E.L. DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICYLIMIT 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach Aeord 101, Addllonel Remarks Schedule, it morespaceis required) The City of Rosemead, its officials employees and agents are included as Additional Insureds as respects to General Liability as required by written contract. It is further agreed that such insurance as is afforded shall be primary with any other insurance in force for or which may be purchased by the Additional Insureds. CERTIFICATE HOLDER CANCELLATION Coll:4025766 Tpl:1605352 Cert:19481i95 ®198842010 -CORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The City of Rosemead 9938 E. Valley Blvd. Rosemead, CA 91770 Coll:4025766 Tpl:1605352 Cert:19481i95 ®198842010 -CORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD C`1 _LS? CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 10/2 /2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. IfSUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME Willie Insurance Services of California, Inc. c/o 26 Century Blvd. P. o. Box 305191 PRONE 877- 945 -7378 (AM 888- 467 -2378 E-MAIL certificatesCwillis.comATDRFSq Nashville, IN 37230-5191 INSURER(S )AFFORDINGCOVERAGE NAIL# INSURERA: Chartis Specialty Insurance Company 26883 -900 G64a9 ?24 ,., I4/ INSURED Athena Services, Inc. INSURERS Arch Insurance Company 11150 -001 INSURERC: 11000,000 14046 Valley Blvd. City of Industry, CA 91746 NSURER D: CLAIMS- MADEFx] OCCUR INSURER E: iI INSURERF: COVERAGES CERTIFICATE NUMBER: 18764499 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE U LIQPO NUMBE LID EFF POLICY EXP LIMITS A GENERAL LIABILITY t X COMMERCIAL GENERALLIABILITY i y G64a9 ?24 ,., I4/ 1/ 012 3/1/2013 EACHOCCURRENCE 11000,000 DAMAGETORENTED PREMISES (Ea occurence 300,000 CLAIMS- MADEFx] OCCUR iI MED EXP(Anymepeomn) 25,000 PERSONAL& ADV INJURY 1,000,000 GENERALAGGREGATE 2,000.000 1 3 I I ,' -er 1 j: ty c J GENIAGGREGATE LIMITAPPLIESPER: j X POLICY PRO- LOC PRODUCTS- COMNOPAGG 2,00 000 E E AUTOMOBILELIABILRY r,L0hCA849415Il4.___. —. 3/1/ 012 3/1/2013 COMBINED SINGLE LIMITEaaociden0 2,000,000 BODILY INJURY(Perpemon) ANYAUTO ALLOWNED SCHEDULED AUTOS AUTOSAUTOS BODILY INJURY(Peraccident) UTOS NONAWNED AUTOS PROPERTY DAMAGE Psracddenl) 8 UMBRELLA LIAB OCCUR EACHOCCURRENCE AGGREGATEEXCESSLIABCLAIMS -MADE DED I RETENTION$ B WORKERS COMPENSATION 71WCI4941604 1/2012 3/1/2013 X WGSTATLU OTH- ANDEMPLOYERS' LIABILITYANYPROPRIETOWPARTNER /EXECUTIVE YIN NIA E.L. EACH ACCIDENT 1,000,000 OFFICERIMEMBER EXCLUDED? IMandaIo In NH) Myee descnbeunder DESCRIPTIONOF OPERATIONS below E.L. DISEASE -EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (AUachAcord 101, AdditonalRemarks Schedule, Nmom space isrequired) The City of Rosemead, its officials employees and agents are included as Additional Insureds as respects to General Liability as required by written contract. It is further agreed that such insurance as is afforded shall be Primary with any other insurance in force for or which may be purchased by the Additional Insureds. SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 ACORD 25 (2010105) rnll- 3900308 Tnl- 1410SS3 Cart: The ACORD name and logo are registered marks of ACORD CORPORATION. All richts reserved FORMS SCHEDULE Named insured: ARAKELtAN ENTERPRISES, INC ATHENS SERWES Pufwv Number EG 6439324 Effective 12-M AM: Nbrch 1. 2012 Fenn Number! End't No. Farm Name Edition Date 12D Add kw Prun A Non-Cont End -o Less.Cmfr -Yr 1NrL imm flom t i tYa . T o r t I. auTIT16TIMP179 This endomene?nt effective. 72,01 AM, March 1. 2012 Fauns a partof Policy No: EG 6439323 Issued to: ARAKELIAN ENTERPRISES, INC ATHENS SERVICES.. By: CHARTIS. SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY- ADDITIONAL INSURED PRIMARY AND NON - CONTRIBUTORY ENDORSEMENT - OYNYERS LESSEES OR CONTRACTORS - YOUR MRH This endorsement modifies insurance provided under the folowirg,_ COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY POLICY SCHEDULE Name of Additional Insured Personisl or Organization(sl: The City of Rosemead, its officials, employees and agents. Location(s) ofCovered Operation(s): Blanket vhere required by wiiten contract I_ Solely as respects COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE B. - PERSONAL AND ADVERTISING INJURY LIABILITY, COVERAGE E -2 PRODUCTS POLLUTION AND EXPOSURE LIABILITY, and COVERAGE E-3 - CONTRACTORS POLLUTION LIABILITY, SECTION 11 - VAiD IS AN INSURED is arne ded. to inckede as an additional insured the persorIsl or nrganiz tion(s) shown in the Schedule, but ody with respect to IabW for bodily injury, property darnage, personat and advertising injury, envirorrmerdai damage or emergency response casts caused, in m hole or in part, try: A. Your acts or omissions: or B. The acts or omissions of those act* On your behalf. in the performance Of Your work for the additional ensured(sl at ft tocationtsl designated above. R. As respects the oaverage afforded the ad&fiwkA ahsuredisl scheduled abcme, this insurance is primary and rwmmntrilmAory, and our oblgatiars are not affected by any other insurance eamed by such additional insureds} vkwo er Primary, excess, contingent m on any other basis. AN otherterms, Onndiians and exclusions shall remain the same. LAUTHOTRIZEDREPRESENTATIVE or countersgnatune jive states Wfi applicahlel 10339311WOX PAGE 1 OF I CWAIIS CALIFORNIA PRELIMINARY NOTICE In Accordance with section 3097 and 3098, California Civil Code. THIS IS NOTA LIEN. This is NOT a reflection on the integrity ofany contractor or subcontractor. REPUTED CONSTRUCTION LENDER You are hereby notified that None reported Southeast Construction Products, Inc. 410E IIY REPUTED OWNER(S) /PUBLIC BODY City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 City of Rosemead 9108 Garvey Ave. Rosemead, CA 91770 REPUTED ORIGINAL CONTRACTOR Mariposa Landscape, Inc. 15529 Arrow Hwy rwindale, CA 91706 has furnished or will furnish labor, service, equipment or material of the following general description: Construction Materials the project located at 08 Garvey Ave. Community Center, Rosemead irvev Ave. Medians / San Gabriel Blvd. to Rosemead name of the person or firm who contracted for the base of such labor, services, equipment or material ished is: LANDSCAPE, INC. CA 91706 An estimate of the total price ofthe labor,services, equipment or material is: $5,000.00 NOTICE TO SUBCONTRACTORS If the notice is given by a subcontractor who has failed to pay all compensation due to his or her laborers on the job, the notice shall also contain the identity and address of any laborer and any express trust fund to whom employer payments are due. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or devise that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20- day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail, certified mail, or first class mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. Date: 1/3/20 z SignatureL Credit Assist - 62644(!/33 2 s i I Ate °® CERTIFICATE OF LIABILITY INSURANCEPage 1 of 1 04/27/ 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER willis Insurance services of California, Inc. 26 Century Blvd. P. O. Box 305191 _ -• j y l s'+ Nashville, TN 37230- 5191 ti t' cl7f lf5i. 9•.a, LD4_q„ o CONTACTNAMEPHONENOE %7 877- 945 -7378 a NO: 888- 467 -2378 E -MAILADORES cartificates@willis.com INSURER(S)AFFORDINGCOVERAGE NAICN INSURER A: Chartis Specialty Insurance Company 26883 -900 INSURED ( '' Athena alleyCBl Inc. ' A 0 201114048ValleyBlvd. Ay INSURER e'Arch Insurance Company 11150 -001 INSURER C: 11000,000 City of InduatLy, CA 91716"A l or,1Cb' INSURER D: INSUREfl E: INSURER F: C .mDy E .1 Y rjl` COVERAGES CERTIFICATE.NUMBER 1'5864251 REVISION NUMBER: THIS IS TO CERTIFY THAT THE F;OLIe ES'OF NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NTR TYPEOF INSURANCE SA SUBWVD POLICY NUMBER POLIpYEFF POLICY EXP LIMITS A GENERAL LIABILITY y EG6439324 3/1/2011 3/1/2012 EACH OCCURRENCE 11000,000 PREMISESEaEoccvrence 5 300,000XCOMMERCIALGENERALLIABILITY MED EXP(Any one person) 25,000CLAIMS -MADE OCCUR PERSONAL BADV INJURY 5 11000,000 GENERALAGGREGATE 2.000.000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGO S 2,000,000 SPROXPOLICYLOG E AUTOMOBILE LIABILITY 71CAB4941503 3/1/2011 3/1/2012 a accideDSINGLE LIMIT 2,000,000 BODILY INJURY(Perperson) 5XANYAUTO ALLOWNEO SCHEDULED AUTOS AUTOSNON -OWNEDHIREDAUTOSAUTOS BODILY INJURY(Peraccident) PR RTV AMA Per accident UMBRELLALIAB OCCUR EACHOCCURRENCE AGGREGATE 5EXCESSLIABCLAIMS -MADE DED I RETENTIONS Is B WORKERS COMPENSATIONANDEMPLOYERS' LIABILITYANYPROPRIETOR /PARTNER /EXECUTIVE Y N/A 71WCI4941603 3/1/2011 3/1/2012 X I IWCRYTATU H- LIMIT E EL EACH ACCIDENT 3 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000OFFICER /MEMBER EXCLUDED? Mandatoryin NH) f yes, describe untler - DESCRIPTIONOF OPERATIONS below E.L. DISEASE - POLICY LIMIT Is 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additonal Remarks Schedule, If mare apace Is required) This certificate voids and replaces previously issued any certificate. It is agreed that The City of Rosemead, its officials employees and agents is included as an Additional Insured as respects to General Liability as required by written contract. It is further agreed that such insurance as is afforded shall be Primary with any other insurance in force for or which may be Purchased by the Additional Insured. CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Coll:3341374 Tpl:1230311 Cert:15864251 01988120107CCORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD f.. ENDORSEMENT NO. 119 This endorsement, effective 1201 AM: March 1, 2011 Forms o pert of policy no.: EG 6439324 Issued to: ARAKELIAN ENTERPRISES, INC ATHENS SERVICES By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON - CONTRIBUTORY ENDORSEMENT - OWNERS. LESSEES OR CONTRACTORS - YOUR WORK This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY POLICY SCHEDULE Name of Additional Insured Personal or Orgenizatlon(a): The City of Rosemead, its officials, employees and agents Locaden(s) of Covered Operation(s): ALL OPERATIONS OF THE NAMED INSURED 1. Solely as respects COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, COVERAGE E4 PRODUCTS POLLUTION AND EXPOSURE LIABILITY, and COVERAGE E -3 - CONTRACTORS POLLUTION LIABILITY, SECTION It - WHO IS AN INSURED is amended to include as an additional insured the personis) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage or emergency response costs caused, in whole or in part, by: A. Your acts or omissions, or B. The acts or omissions of those acting on your behalf. in the performance of your work for the additional insureds) at the locations) designated above. II. As respects the coverage afforded the additional insured(s) scheduled above, this insurance is primary and non - contributory, and our obligations are not affected by any other insurance carried by such additional insureds) whether primary, excess, contingent, or on any other basis. All other terms, conditions and exclusions remain the same. d rr Authorized Representative or countersignature (where required by law) CITY OF ROSEMEAD STREET SWEEPING SERVICES AGREEMENT C5 0 0 020 1. PARTIES AND DATE This Agreement is made and entered into this (P [u1`l MCI 2Uj l Eby and between the City of Rosemead, a municipal organization org nized and r 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: 5355 Vincent Avenue, Irwindale, CA 91706 ( "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 for the Services ( "Services "). The Services, or scope of work are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. Unless earlier terminated in accordance with Section 16 of this Agreement, the Term of this Agreement shall be for a period of three (3) years, with option for renewal for two (2) one -year periods, on an annual basis, based on the Contractor performance. The Term shall commence after City Council approval, upon receipt and approval of all required bonds and insurance and final execution of the Agreement by both parties, hereby set on: July 1, 2010. New additional Street Sweeping needs, as developed or assumed by the City, may be added to the maintenance Agreement. Such additional scope of work will be considered 1 change orders to the initial Agreement, and the value will be based on unit prices provided in Exhibit D, if applicable, and /or negotiated between the two parties of the Agreement. In compliance with all terms and conditions of this Agreement, Contractor shall perform the Street Sweeping and maintenance services specifically described in, and in strict compliance with the requirements of Exhibit A (Scope of Work). The City zones/ areas and schedule are illustrated in the attached City Map/ Schedule (Exhibit B). The services shall be performed at least as frequently as specified in Exhibit C (Frequency of Service/ Cost). The City shall have the right to alter the frequency of maintenance as necessary to ensure highest industry standards of maintenance, at no additional cost, as long as the total hours required performing the work remains the same. Maintenance of areas can be substituted at the request of City, at no additional cost, as long as the total hours required performing the work remains the same. Maintenance unit prices and costs are contained in Exhibit D Bid Unit Prices). Exhibit E is a copy of the Contractor's proposal and Request For Proposal (RFP). Exhibit F includes insurance requirements related to this Agreement. All of the Exhibits are considered to be a part of, and incorporated into, this Agreement by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For the purpose of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Frequency of Services set forth in Exhibit "C" attached hereto and incorporated herein by 2 reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property, shall be promptly removed by the Contractor at the request of the City. ' 3.2.5 City's Representative. The City hereby designates the Public Services Manager, or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Contractor's Representative. Contractor hereby designates the General Manager, as its designee, to act as its representative for the performance of this Agreement ( "Contractor's Representative "). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/ 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. 3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times. 3.2.8 Standard of Care, Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent. manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains 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 3 that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub - Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Contractor and shall not be re- employed to perform any of the Services or to work as part of this Agreement. 3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance the Services, including all Cal /OSHA requirements, and shall give all notices required by 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. 3.2.10.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit F attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 0 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed One Hundred Sixty Seven Thousand Nine Hundred Ten Dollars and Eight Cents ($167,910.08) per year without advance written approval of the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement (Exhibit D), or based a on mutual agreement in case that the extra work is not included in Exhibit D. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work' means any work which is determined by City to be necessary for the proper completion of the work, 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 ". If the Services are being performed as part of an applicable "public works" or "maintenance', as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. If Applicable, Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 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 5 transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for'cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may be appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Athens Services 5355 Vincent Avenue Irwindale, CA 91706 Attn: General Manager CITY City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Public Services Manager 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. n. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all related action costs. 3.5.6 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of 7 Contractor, its officials, officers, employees, agents, Contractors and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with Street Sweeping services. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise 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. E-] 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, estoppels, 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 fide 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 sub - contractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state 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. 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. N 3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Scope of Work City Map/ Schedule Frequency of Service/ Cost Bid Unit Prices Contractor's Proposal & RFP Insurance 10 CITY OF ROSEMEAD A Municipal Corporation Approved by: Aff +!. .. - City Manager ATTEST: CITY CLERK APPROVED AS TO FORM: I W, 611 z6c/ 11 Reviewed/ Accepted by Athens Services Signature By: oN hfK LS tiU. Name curet, flue 04ePy EXHIBIT A SCOPE OF WORK Contractor shall provide all labor and equipment necessary to perform street sweeping services in the City of Rosemead in accordance with this Agreement, on the following terms and conditions. A. Definitions 1) "Streets" shall mean all dedicated public rights -of -way within the ' existing or future corporate limits of the City. 2) "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage and other foreign material removable from a paved street with a street sweeper. 3) "Curb- mile" means a swept path not less than eight (8) feet wide for a cumulative total length of 5,280 feet. 4) "Roadbed" means entire street pavement from curb to curb. B. Description of Required Services and Experience 1) General. The primary objective of street sweeping is to pick up all debris to ensure the free flow of water in the gutter and to maintain the streets in a state of cleanliness. Contractor shall remove all debris from all streets every weekly sweeping cycle. Items of excessive size, such as cardboard, palm fronds, large rocks, etc., shall be physically picked up and placed in the sweeper by the Contractor. Sweeping shall normally consist of a single pass over an area. Additional passes shall be made as necessary when conditions warrant special attention. Debris collection may require more than one pass in order to sufficiently clean the street. This service shall be included in the unit curb -mile price at no additional cost to the City. 2) 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. 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 President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day During the week of a holiday, the Contractor shall adjust the weekly schedule so as to return to the normal weekly schedule the following week. Sweeping scheduled for a holiday shall be completed within seven (7) days following the holiday. Holiday sweeping schedules must be submitted to the Public Works Director thirty (30) days prior to the holiday. No modification of this holiday schedule shall be effective unless authorized in writing by the Public Works Director. E. Changes in Schedule Due to Weather Conditions The Contractor shall obtain approval from the Public Works Director for any change in schedule due to adverse weather conditions. When a change in schedule is necessary, the Contractor shall adjust the work schedule so as to return to the normal weekly schedule as soon as possible. The City reserves the right to direct schedule changes made necessary due to inclement weather. F. Disposal and Recycling of Materials The Contractor shall transport and dispose of all sweeping at a composting or recycling center in accordance with all City, County, State, and Federal requirements. Contractor shall divert or compost all street sweepings to the greatest extent possible, obtaining a minimum of eighty —five percent (85 %) diversion rate from landfills. Sweepings may be deposited at temporary dumpsites with the prior approval of the property owner and the Public Works Director. Sweeping shall be removed from such sites each day. Contractor shall be entitled to no other income, expenses or charges from the City for disposing of sweepings at any disposal site within or outside the City limits. The Public Works Director may, at any time, require the Contractor to relocate, completely remove or discontinue use of such disposal sites. The Contractor shall report on a monthly basis the amount of sweepings disposed of at a composting or recycling center and the name and address the facility. G. Street Sweeping Equipment The Contractor shall, as a minimum, keep their equipment well - maintained, neatly painted and meet other reasonable standards as may be established by the Public Works Director. Adequate back -up equipment must be available at all times to service the City. Contractor shall submit in its proposal a listing of all equipment including back -up equipment) proposed to furnish under this Agreement (including year, make, and condition). The City may, at its sole discretion and expenses, require an annual inspection of Contractor's equipment. The Contractor shall use a sweeper fleet appropriate for servicing approximately 181 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 should be not more than three (3) years old and must meet all applicable local, state, and Federal air quality laws, rules, and regulations including but not limited to the South Coast Air Quality Management District Rule 1186 relating to alterative fueled sweeping equipment. Equipment shall meet all applicable certifications for PM 10 and other pollutants as set forth by the South Coast Air Quality Management District. All vehicles must be maintained in good repair, appearance, and sanitary conditions at all times. The City reserves the right to inspect the Contractor's vehicles at any time to ascertain said condition. A City representative shall have the right to cease Contractor's operations immediately, upon inspection of any vehicle /sweeper deemed unsafe or unsatisfactory during performance of the Agreement. At the discretion of the Public Works Director, the City may require the installation of special odometers, time clocks, or vehicle speed monitors to verify the quality and quantity of the work performed. All vehicles and equipment used by the Contractor within the City limits must be clearly identified, on each side of the vehicle or equipment, with the name of the Contractor, address of the Contractor's office, and telephone number. All equipment must be equipped in accordance with State laws, including hazard lights visible from the rear that operate independently of the brake lights. Sweepers must be quipped with mobile radio communications to the Contractor's dispatch office. H. Equipment Storage The Contractor shall be responsible for all costs associates with equipment storage. No material and equipment shall be stored where it will interfere with the free and safe passage of public or construction traffic. At the end of each day's work and at all other times when sweeping operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the roadway and open it for use by traffic. I. 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. Parkinq Citation Officer— Coordination The City may use a Parking Control Officer to cite vehicles for parking during street sweeping hours. The Contractor shall coordinate his sweeping activities with the Parking Control Officer. All costs for coordination are the responsibility of the Contractor, and no additional compensation will be allowed. K. Contractor /City Communication Throughout the period of this Agreement, the Contractor shall establish and maintain an office and have an authorized Supervisor as'the point of contact for communications with the City. The Contractor's office shall have a twenty -four (24) hour telephone service and a responsible person in charge seven (7) days a week to receive all requests for emergency service, which are forwarded by the City. Contractor shall respond and provide emergency service within two (2) hours from the time a call is placed by the City. Requests for routine service or complaint issues shall be resolved expeditiously within the following twenty -four (24) hour period. L. Contractor's Employees Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Drivers License issued by the State of California. Any person employed by the Contractor who fails or refuses to carry out the directions of the City, appears to be incompetent, acts in a disorderly, improper or unsafe manner, or shows signs of intoxication or other impairment shall be immediately removed from the job site by the Contractor. Prior to returning a removed employee to work within the City, the Contractor shall provide in writing the reason for the individual's behavior and the means used to prevent this behavior from occurring again. Failure of the Contractor to prevent, prohibit, or resolve problems with its employees working within the City will result in sweeping operations being suspended until further notice. The City may enter a contract with another party for street sweeping services during such a suspension, and the Contractor will be liable for all costs. M. Sweeping Practices The Contractor shall at all times use good sweeping practices as dictated by.standards within the sweeping industry and will make adjustment to its equipment as necessary. The Contractor must exercise due care so as to prevent spilling, 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. Routinq 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 no later than fifteen (15) days prior to the initiation of sweeping operations or changes in operation. The City reserves the right to request changes in routing or hours of operation at any time. Each sweeper shall have its own operator and scheduled route. Any and all sweeper breakdowns and repairs shall be reported immediately to the Public Works Director. O. Construction- Related Problems and Storm Debris Dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Contractor if located within five hundred (500) feet of a construction site. However, the Contractor is required to totally clean all dirt and debris carried by traffic to areas beyond this limit. Storm clean up and sweeping must be completed as soon as possible. Night sweeping may be permitted for normal storm cleanup, if authorized by the City. P. Records and Reports The following reports shall be submitted to the City each month along with the invoice for services. 1) Monthly Log Report. The Contractor shall keep a daily log of all streets swept, including the name and location of the streets and the number of curb -miles swept, along with a description of any special services performed. The log shall be signed by the Supervisor on a daily basis. Each month, a report shall be prepared from the daily log giving a brief description of all routine special and emergency activities. 2) Emergency Calls. The Contractor shall maintain a positive recording of all emergency service calls, by telephone recording device or by a time punch -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. Water for this use will be made available by the City at no cost to the Contractor. All water provided by the City must be metered by devices loaned to the Contractor. Contractor shall bring any such metering devices to the City's Public Works Yard to be read at a date to be determined by the Public Works Director. Contractor shall comply with all rules and regulations of the City relating to the use of water. Failure to comply may result in the City's refusal to furnish water to the Contractor. S. Cooperation with Utility and Other Companies Work within the City by utility and construction companies may be progressing concurrently with the work under this Agreement. It is the responsibility of the Contractor to be informed of work planned by these parties and to coordinate street sweeping work accordingly. T. City Special Events Contractor will provide street sweeping services free of charge in conjunction with up to four (4) City- sanctioned special events each year. These events may include the City's Independence Day /4th of July Parade and Festival (July each year), the Citywide Yard Sale March each year), the City's Oktoberfest Celebration (October each year), and the City's Lunar New Year Celebration (January each year). U. Contract Term The term of the contract shall be for a period of three (3) years, with an option for renewal for two (2) one -year extensions, on an annual basis, based on the contractor performance. The City reserves the right to unilaterally terminate the Agreement at any time upon thirty (30) days written notice to the contractor. After the initial three (3) year contract, the City has the option to renew the contract for two (2) one -year extensions, in one (1) year increment. If the City chooses to extent the contract, a formal letter will be sent to the contractor advising contractor of the one (1) year extension. This process will be used for each of the optional two (2) years. In determining whether the Agreement should be extended, the City will evaluate the performance of the contractor and determine whether the contractor's performance is satisfactory. New street sweeping areas, as developed or assumed by the City, may be added to the Service Agreement. Such additional scope of work will be considered change orders to the initial contract, and the value will be based on service unit prices provided in Exhibit D, if applicable, and /or negotiated between the two parties of the contract. REQUIRED CONTRACT REPORTS Monthly/ Weekly Service Report 2. Monthly/ Weekly Performance Report 3. Monthly/ Weekly Green Waste Recycling/ Diversion Report 4. Emergency Calls Log Complaint Log STREET SWEEPING MAP MONOam2Dm ltawepm.,opm WNPam120. THEmm -t0am FRIfoam -2pm Iu10 .2, UE8em -12pm TUE10am 2pm 4 loran apm 'm.D., utl q d I mifim. 1Dam EXHIBIT B Mo6Dm 10am FRI ^ 1Pm. RFm Legend FRIDAY, loam to 2pm FRIDAY. Sam to loam FRIDAY. Sam to 12pm MONDAY. t0am to 2pm MONDAY. Sam to 10am j MONDAY. Sam to 12pm THURSDAY. t0am to 2pm THURSDAY. Sam to 1Oam THURSDAY. Sam to 12pm TUESDAY. loam to 2pm Q TUESDAY, Gam to loam j TUESDAY. Sam to 12pm p F i WEDNESDAY, loam to 2pm I u WEDNESDAY. Sam to 10am WEDNESDAY, Sam to 12pm COMMERCIAL STREETS' city boundary Snept T.eId s 6 F,O., tam W 6p111 INO PPTkm9,e51nd,..n to, street sweepin l tpin 12pl Nu Ti ym- tpam Trtu 3 Gam -Rpm FRIfoam -2pm Iu10 .2, UE8em -12pm TUE10am 2pm 4 loran apm 'm.D., utl q d I mifim. 1Dam EXHIBIT B Mo6Dm10am FRI ^ 1Pm. RFm Legend FRIDAY, loam to 2pm FRIDAY. Sam to loam FRIDAY. Sam to 12pm MONDAY. t0am to 2pm MONDAY. Sam to 10am j MONDAY. Sam to 12pm THURSDAY. t0am to 2pm THURSDAY. Sam to 1Oam THURSDAY. Sam to 12pm TUESDAY. loam to 2pm Q TUESDAY, Gam to loam j TUESDAY. Sam to 12pm p F i WEDNESDAY, loam to 2pm I u WEDNESDAY. Sam to 10am WEDNESDAY, Sam to 12pm COMMERCIAL STREETS' city boundary Snept T.eId s 6 F,O., tam W 6p111 INO PPTkm9,e51nd,..n to, street sweepin l EXHIBIT C FREQUENCY OF SERVICE/ COST Total Monthly Cost: $ 13,992.51 Amount In Words: Thirteen Thousand Nine Hundred Ninety Two Dollars and 51/100 Total Annual Cost: $ 167,910.08 Amount In Words: One Hundred Sixty Seven Thousand Nine Hundred Ten Dollars and 08/100 Service Type Curb Miles Frequency Monthly Annual Cost Cost 1 Residential and Median Street Sweeping 147 Weekly 11,364.08 $ 136,368.96 2 Commercial Street Sweeping 17 Twice Weekly 2,628.43 $ 31,541.12 Totals: 13,992.51 $ 167,910.08 Total Monthly Cost: $ 13,992.51 Amount In Words: Thirteen Thousand Nine Hundred Ninety Two Dollars and 51/100 Total Annual Cost: $ 167,910.08 Amount In Words: One Hundred Sixty Seven Thousand Nine Hundred Ten Dollars and 08/100 EXHIBIT D BID UNIT PRICES I. The contractor agrees that for requested and /or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. II. Contractor is advised that the submitted unit prices will be used as one of the determining factors in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed, including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices FUNCTION COST /UNIT OF MEASURE Additional Street Sweepinq Services During Regular Business Hours: $ 17.84 PER CURB MILE Emergencies During Regular Business Hours: $ 92.00 PER HOUR Emergencies After Regular Business Hours: $ 105.00 PER HOUR EXHIBIT E CONTRACTOR'S PROPOSAL AND REQUEST FOR PROPOSAL (RFP) r ti e Section One Cover Letter Section Two Section Three Background and Approach Work Plan Section Four Methodology Section Five Section Six Contract Organization and Staffing Related Experience Section Seven Contract Schedule Section Eight Cost Data Section Nine Recycling and Disposal Section Ten Section Eleven Equipment Statement of Compliance /Suggested Changes Section Twelve Other Information Athens Services Waste Collection • Recycling • Transfer • IJlaposal • Street Sweeping March 16, 2010 Chris Marcarello Deputy Director of the Public Works Department City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Dear Mr. Marcarello: Arakelian Enterprises, Inc., dba Athens Services, is pleased to submit this proposal to provide city wide street sweeping services in the City of Rosemead. We recognize that the City of Rosemead expects a high level of quality service. Athens Services is a fourth generation, family owned, and locally operated solid waste collection, processing, and street sweeping company operating in the greater Southern California region. Our street sweeping experience dates back to 1987. Athens Services is the premier service provider and is ready, willing, and able to perform the services described in our proposal. We are forward thinking and we embrace high standards and creativity. The pricing in our proposal is guaranteed for a minimum of 3 years. Our main office number is (626) 336 -3636, our Customer Service Toll -Free number is (888) 336 -6100, and the direct office numbers and e-mail addresses of our key staff members are listed later in our proposal. Once awarded the contract, the City will be given the cellular phone numbers of all key staff members. The facility which will be servicing the Rosemead contract is located at 5355 Vincent Ave. in Irwindale. less than 11 miles from the City of Rosemead. Some of the key features and benefits of the Athens proposal include: Best value - Highly competitive rates! Environmentally responsible — We use new, 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! Public awareness - Extensive public awareness and education program to assure that the residents and businesses learn of the importance and value of street sweeping! Safety - We have fleet maintenance and safety programs that are often used as industry examples of how a fleet should be run! Smoothest Transition - We have the most transition experience. 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, reducing the calls to City Hall! Fast response - We utilize Nextel Direct to produce quick communication with the field and you will also have the cell phone numbers of Key Management Personnel! Highest Quality - We will make as many passes as is required to deliver high - quality results! We will join the Rosemead Chamber of Commerce and will support their events. We will quickly show you how our tremendous capabilities coupled with our genuine interest in your community will create the synergy necessary to achieve a big "win- win." On behalf of the dedicated Athens employees, we thank you for your consideration. Sincerely, Gary M. Clifford Chief Operating Officer Athens Services P.O. Box 60009, City of Industry, 91716 626) 336 -3636 Athens Services, SECTION TWO Athens Services has been providing refuse removal and recycling services in Southern California for over 50 years. We are family - owned and operated, offering a variety of state - of -the -art services, including automated waste collection, mixed -waste material recovery and recycling, green waste recycling, organics collection and processing, and, of course, street sweeping services. Over those last five decades, Athens has grown to be the largest independent waste company in Los Angeles County. Athens is a fourth generation, family owned business. Three generations are actively involved in all aspects of the company's business. Athens Corporate Headquarters & MRF This provides great continuity and commitment that sets Athens apart from its competitors. Our street sweeping experience dates back to 1987. Athens has considerable sweeping operations experience in 15 other nearby cities. Details regarding our sweeping experience can be found in Section Six. We at Athens Services value greatly our reputation as a responsible corporate citizen, caring employer and conscientious neighbor. We maintain good relations from a contractual compliance perspective, of course, but we take our relations with our communities a step further. It is important for us to sustain a relationship with the communities in which our employees, clients and customers reside. Through our participation in charitable causes, we have gained valuable insight into the needs and concerns of the communities we service. Athens provides waste management and recycling services to dozens of schools and over 300 other local charitable organizations on a daily basis at a significantly reduced rate. This is only one example of Athens' community outreach efforts in the Southern California area. Two specific examples of our community outreach in the City of Rosemead include donations and support for the Rosemead Listed below are just a few of the other many organizations we help support: Ado t -a -Park SMexicanAmericanSan Gabriel MissionCoronaAreaLouthBase.... OOpportunity Foundation Miss Covina Scholarship SSan Gabriel Sea Gulls American Cancer Society DDARE Pageant SSx cm Team ,,. e . a ` -_. ....._ DDvorskaya Celebration of - y . San Marino Library ILearning _ Monrovia D Earth Day Fairs MMontebello Puerto Rican SS. Pas dena Little League Monterev Park Chinese SSierra Madre CommunityAmericanRedCrossiiGangDiversionTaskForcesNNewYearNNurserySchool American Youth Soccer ff MMonterey Park Library Soroptimisis Association G Foundation " A =usa Canyon Task Force GGreat Glendora Festival MMt. San Antonio College L South El Monte National Irwindale Educational MMuscular Dystrophy A =usa Pacific University jj Foundation AAssociation Summer Reading Programs t-- - ArAACP T Up BBeautiful LLeague t . i Boy Scouts ofAmerica pLanternFestivalOp T IAssociation g West Covina Rose Parade ......... . gf - Lincoln Training Center PPasadena Humane Society W I L Lions Clubs P West Covina BBaseball t Summary As a true entrepreneur, Ron Arakelian, Sr., began with a vision over a half - century ago. From small beginnings, he led Athens to become one of the nation's leading solid waste management and street sweeping service companies. From their first municipal contract, the Athens District in Los Angeles, the company has grown through acquisition and competitive bidding. Ron instilled in the Athens organization a desire to be the best. His sons, Ron, Jr. and Michael, embrace the same goals and ideals. In recent years, Ron Arakelian III joined the team and together they are all dedicated to maintaining Athens as an industry leader. As they have always done, the members of the Arakelian family will be very involved in the process of earning the award of an agreement with the City of Rosemead and will continually be involved as we begin a long history of service to the City. To that end we have already driven virtually every street, noting important topographical and environmental factors. We have extensive experience in all aspects of street sweeping, including working closely with all City departments, especially the Police Department. Our proposal describes in great detail our plan for exceeding the City's requirements based on what we have learned. Additionally, we also provide trash collection and recycling services to the Rosemead Unified School District. Simply put, there is no other company in Southern California that will provide the City of Rosemead better or more cost effective service. Period. Athens Services SECTION THREE Athens street sweeping team will develop one -on -one communications with all City contacts to ensure communication between both parties and virtually guarantee that service related issues are resolved immediately. By teaming up with the Public Works Department we have been able to increase the quality of our services within the community. Drivers at Athens, our first line of defense, are outfitted with brooms and shovels to use in case of access issues relating to street sweeping. Athens drivers are also trained to communicate with their supervisor to report all issues that affect the effective sweeping of their route. Low hanging trees, pot holes, and uneven blacktop are reported to the supervisor who then relays that information to the city. Constant communication between the city and Athens ensures that all curbs, gutters and medians are swept to the expectations of the city. Athens will utilize the Teletrac Fleet Director GPS system to monitor the day to day operation of the sweepers. Teletrac will monitor all aspects of the sweepers operation from the brooms up or down to speed and direction. Teletrac has many features to help better manage street sweeping by teal -time tracking of all vehicles in the fleet from the computer desktop. Some advantages of this system are: Powerful software configuration options that allow immediate customization such as setting up authorized and unauthorized zones and times and vehicle speeds to trigger exception alerts and reports. (As an example, exception alerts and reports tell us when the driver exceeds 6 MPH or is stopped longer than 30 minutes.) State of the art, integrated mapping with satellite images and overlays of routes and destinations providing unprecedented detail for avoiding errors. Detailed reporting to help monitor driver performance, vehicle use, and productivity. Teletrac Fleet Director confirms that 100% of each route is completed each day. Athens will also perform a low hanging tree audit for the city to help in their management of tree trimmings. This not only helps the City but eliminates the complaints that may arise from the ability to sweep under low hanging trees. An often over - looked area of driver training is how to deal with mature trees and other obstacles. We service many cities with mature trees, such as San Marino and South Pasadena, and we work closely with these cities to make sure that we do not damage these wonderful resources. The end result is a better service for your community. We have provided a description of a typical day of the sweeper. We realize that seasonal changes will change debris volume, and have built in enough capacity to adapt to these fluctuations. By including these, we can clearly demonstrate that we understand how to provide the services that meet the customers' expectations and the requirements set forth by the City of Rosemead for service by Athens Services beginning on Day One. Typical Sweeper Route Description step Activity 1 Driver will arrive at Athens Vincent Facility and clock in to begin the day. Check in with dispatch and receive Nextel radio, route /stop service sheet and any2workorders (extra dumps, bulky items 3 Conduct pre-trip inspection of the vehicle 4 Drive to beginning of route, of specified service day area Driver will engage top vacuum motor, lower rotating sweeper brushes and engage5waterdistributionsystem Driver will disengage vacuum and water supply. Lift sweeping brushes. Park6vehiclecallsuervisortoinformhim/her that he will be taking a ten minute break Driver will get back into vehicle call supervisor and inform him/her that he will 7 continue on assigned route, engage top vacuum motor, lower rotating sweeper brushes and engage water distributions stem. Driver will complete sweeping of streets in specified area and will contact8supervisorinforminghim/her that he is headed for the Athens MRF to dump. Driver will disengage vacuum and water supply. Lift sweeping brushes. Drive to9AthensMRF. 10 Driver will arrive at Athens MRF. Driver will receive a dump ticket, once inside driver will be directed to specific area1I to dump contents of vehicle 12 Driver will open back door, dump entire contents of vehicle Upon completion of dumping process driver will move vehicle to designated clean 13 out area where he will clean hopper. Driver will practice lockout/tag out procedures when cleaning out hopper area Driver will drive out of Athens MRF, fill vehicle with water. Driver will contact 14 supervisor to inform of load size 15 Driver will take 30 minute lunch break Driver will arrive at designated service area and engage top vacuum motor, lower16rotatingsweeperbrushesandengagewaterdistributionsystem Driver will disengage vacuum and water supply. Lift sweeping brushes. Park17vehiclecallsupervisortoinformhim/her that he will be taking a ten minute break Driver will get back into vehicle call supervisor and inform him/her that he will 18 continue on assigned route, engage top vacuum motor, lower rotating sweeper brushes and engage water distributions stem Driver will complete sweeping of streets in specified area and will contact19 super-visor informing him/her that he is headed for the Athens MRF to dump. 20 Driver will arrive at Athens MRF, 21 Driver will await for clearance to enter Athens MRF , once inside driver will be Weekly Street Sweeping Athens will assign one full time driver and 1 alternative fuel Tymco Regenerative Air (600 BAH) sweeper to these routes. The drivers will be fully trained on the route structure and the operation of these vehicles. Drivers will arrive to work at 1:45 A.M., conduct the required pre -trip inspection, and depart at 2:00 AM. Our routing schedule prioritized the main highways, schools and commercial areas prior to influx of traffic /students these will be started at 2:00 A.M. and finish by 6:OOA.M; designated residential streets between the hours of 6:00 A.M. and 12:00 P.M. Using the data provided in the City of Rosemead proposal, and conducting our own audits of the area, we have projected the following daily / weekly results. Rosemead Weeklv Miles and Hours Sweeper #1 _ Commercial Commercial MnNDeV TUF.SDAV WEDNESDAY THURSDAY FRIDAY Total Sweeping Miles Total Miles Sweeping Hrs Total Hrs 28.52 directed to specific area to dump contents of vehicle 22 Driver will open back door, dump entire contents of vehicle 46.02 Upon completion of dumping process driver will move vehicle to designated clean 23 out area where he will clean hopper, driver will practice lockout/tag out procedures 40.62 when cleaning out hopper area 4.75 Driver will drive out of the Athens MRF and fill vehicle with water. Driver will24contactsupervisortoinformofloadsize. 25 Driver will drive to the Athens Vincent Facility to fuel vehicle. 10.77 Upon completion of fueling driver will complete post trip inspection of vehicle, 26 turn in copy of inspection report to maintenance department electronically Driver will proceed to dispatch and turn in all completed work orders, VCR27vehicleinspectionreport), Nextel radio, signed route sheet and clock out. Weekly Street Sweeping Athens will assign one full time driver and 1 alternative fuel Tymco Regenerative Air (600 BAH) sweeper to these routes. The drivers will be fully trained on the route structure and the operation of these vehicles. Drivers will arrive to work at 1:45 A.M., conduct the required pre -trip inspection, and depart at 2:00 AM. Our routing schedule prioritized the main highways, schools and commercial areas prior to influx of traffic /students these will be started at 2:00 A.M. and finish by 6:OOA.M; designated residential streets between the hours of 6:00 A.M. and 12:00 P.M. Using the data provided in the City of Rosemead proposal, and conducting our own audits of the area, we have projected the following daily / weekly results. Rosemead Weeklv Miles and Hours Sweeper #1 _ Commercial Commercial MnNDeV TUF.SDAV WEDNESDAY THURSDAY FRIDAY Total Sweeping Miles Total Miles Sweeping Hrs Total Hrs 28.52 46.62 26.72 33.12 46.02 36.02 54.12 34.22 40.62 53.52 4.75 7.77 4.45 5.52 7.67 7.75 10.77 7.45 8.52 10.67 181.00 218.50 30.17 45.17 Please see Section Seven, Contract Schedule, for detailed maps indicating the routes described above. Athens Services SECTION FOUR In order to best demonstrate that we have a good understanding of the scope of the work, described below is an overview illustrating our understanding and commitment to the task at hand. Our expertise extends far beyond the mere sweeping of the City's streets and we will bring to bear our variety of experiences that include assisting the City in meeting recycling mandates, delivering good customer service to the citizens, and producing and delivering effective public education materials. Operations Athens Services will provide street sweeping services to meet or exceed the requirements set forth by the RFP, including the fact that our drivers will respond to calls within 30 minutes. Understanding the Scope of Work Athens Services has carefully reviewed all the Rosemead City Sweeping RFP materials thoroughly. We conducted a physical review of all the streets, and this information has been entered into our routing data base, and can ensure that we will comply with the City of Rosemead sweeping schedule. We will obtain all City licenses /permits/bonds required, once the contract has been awarded. We will sweep the entire length of all curbs. including median curbs and curb returns); uncurbed pavement edges; painted (2 -way) left turn lanes and flush concrete paved medians and median noses every time each associated street is swept. The entire area of each intersection will be swept. The balance of each street shall be swept as needed and no debris shall be left any place on the street. We will make as many passes as is required to deliver high- quality results. Sweeping Methodology Sweep /clean all leaves, paper, dirt, rocks, glass, bottles, cans, and other debris from paved alleys (where required), and curbed medians within the specified areas on the agreed schedule. It is always our preference to hire drivers who have familiarity with the City. In the event such drivers are not available, sweeping will be conducted by trained, experienced drivers whose duties will include but not be limited to; sweeping all residential streets at a rate of 6 miles per hour and cross walks at 3 miles an hour at each side of all streets adjacent and parallel to the curb face including curb returns and cross gutters at all intersecting streets. We will avoid damaging the City's traffic counters. If damage does occur, we will bear the cost of repair and/or replacement. Median sweeping - In areas where raised medians are present, the driver will sweep each side of median adjacent and parallel to median curb face. Alley sweeping — (Where required) We will sweep each side of the alley adjacent and to the right of the flow line of the alley at a speed that produces excellent results. Parking lot sweeping - All specified parking lots will be swept weekly on the scheduled day at a proper speed to insure the highest quality results. Athens employees will conduct all activities and operations within the confines of public roadways and will not enter private property for any reason without written permission from the owner. We will make as many passes as is required to deliver high - quality results. In the unlikely occurrence of a request from the City to re -sweep an area, we will do within 24 hours. Equipment & Resources Equipment used to conduct sweeping operation will consist of Tymeo Regenerative Air 600 BAH) sweepers which will be used in conjunction with spraying of water to minimize unsettling dust. Furthermore, our drivers will be supplied with manual push brooms and shovels to clean/sweep areas such as narrow cul -de -sacs, median noses and portions of left- turn pockets. Athens will have installed on all of their sweepers in Rosemead, the most technologically advanced GPS monitoring system, known as the Teletrac Fleet Director System. This system tracks all miles that are swept in the city with the broom heads down and water on and provides a variety of reports and information, including live real -time tracking. Athens will utilize the Teletrac Fleet Director GPS System to monitor the day to day operation of the sweepers. Teletrac will monitor all aspects of the sweepers operation from the brooms up or down to speed and direction. Teletrac has many features to help better manage street sweeping by teal -time tracking of all vehicles in the fleet from the computer desktop. Some advantages of this system are: Powerful software configuration options that allow immediate customization such as setting up authorized and unauthorized zones and times and vehicle speeds to trigger exception alerts and reports. (As an example, exception alerts and reports tell us when the driver exceeds 6 MPH or is stopped longer than 30 minutes.) State of the art, integrated mapping with satellite images and overlays of routes and destinations providing unprecedented detail for avoiding errors. 7 Detailed reporting to help monitor driver performance, vehicle use, and productivity. Teletrac Fleet Director confirms that 100% of each route is completed each day. Detailed documentation on the system can be found in Section Ten ofthis proposal. If necessary we will equip the drivers with a small blower for blowing debris to be picked up by the sweeper truck. Our sweepers will be equipped with 2 -way radios and cell phones. We will be able to monitor speeds, hours of operation, and brush operation for reporting purposes. We have a pool of experienced sweeper drivers that are cross trained to ensure service consistency for vacations, jury duty, sick days, etc. We have redundancies in back up equipment, and operate other sweeper routes that can be utilized in case of break down or delays. Athens Services shall provide all primary street sweepers with a Global Positioning System that enables viewing via d computer Internet where the sweepers are at all times. We will have signs placed on all of our vehicles which shall include any information requested by the City. We will be using new Compressed Natural Gas (CNG) sweepers and the manufacturer's specifications are described in Section Ten. Disposal Process Athens Services will dispose of all refuse and debris at our Material Recovery Facility located at 14048 Valley Blvd., City of Industry. This will allow us to achieve the required 85% diversion as delineated in the City's RFP. Communication and City Relations Athens Services shall assign Cesar Ortiz, our most experienced Street Sweeping Area Supervisor, to oversee sweeper operation and communicate all conditions and issues with Contract manager as soon as condition is identified. Such issues will include but not be limited to fallen trees, obstructed roadways or alleys, low overhanging branches, abandoned vehicles and large potholes. The sweeper drivers will utilize Nextel digital radio to communicate any of these issues to their supervisor. Athens Services shall assign Tommy Ouzoonian, a street sweeping industry veteran, to work with the City to prepare public awareness materials and communicate with the City's residents, businesses, and Chamber of Commerce. As one of the largest waste haulers in Southern California, Athens Services recognizes the importance of effectively working with the street sweeper to ensure effective trash and sweeping services. Athens street sweeping team will develop one -on -one communications with the solid waste supervisors to ensure communication between all parties. This allows a line of communication to ensure that any service related issues are resolved immediately. Maintenance ofEquipment We maintain adequate equipment inventory so that rare equipment failures are quickly addressed by dispatching spare equipment to the scene where necessary. As mentioned earlier, we maintain a pool of spare drivers which assures that we will always have the necessary manpower to complete each day's assignments. Every Athens truck is inspected a minimum of twice per day; each driver performs a pre -trip and post -trip daily. The inspection is documented on a Driver Vehicle Inspection Report (DVIR); the 3 -part form is distributed daily to the fleet maintenance supervisor, the route supervisor, and the truck file. Any necessary repairs are completed that night, or the truck is replaced by a spare truck until the repairs are completed. The maintenance group maintains a regular preventative maintenance schedule for all trucks to ensure maximum up (operating) time. Just in case, shop road crews are staffed during all operating hours to ensure that any mechanical problem or breakdown can be attended quickly. All employees have Nextel digital radios to maintain contact with operations. All road crew trucks are equipped with the tools and parts necessary to mitigate "down time." In order to ensure there is an ample pool of qualified employees to manage a large service area, driver trainees are hired and trained on the use of all vehicles and moved to a permanent driving position based upon completion of all training, comfort level in their position, qualifications, etc. The foundation of the maintenance process at Athens Services is the preventive maintenance program. Athens has reduced the B.I.T. service interval of the standard 90 day inspection down to 30 day intervals. The preventive maintenance program service intervals are noted below: Service Type Interval DescriRion PM — A 30 -Days Inspection of all "out -of- service" criteria, lubrication PM — B 60 -Days PM — A, plus oil and filters PM — C 360 -Days PM — A and B, plus engine tune up, transmission, differential, and hydraulic system service PM-0 360 — Days • Opacity Test The routine and daily maintenance activities in a typical Athens maintenance department are managed by a staff that includes, but is not limited to; Maintenance Manager, Day Shift Supervisor, Night Shift Supervisor, Parts Clerk, and Shop Administrator. The management group's main items of focus are: i Department scheduling — matching available headcount to equipment availability Repair scheduling — Preventive Maintenance Inspections, Road calls, and Daily Repair Work Inventory / repair controls — Ensure that expenses are charged to the proper unit and system allowing system and / or unit analysis and proper corrective action Mechanic Training Annual brake training (air brakes) Tire service training Monthly safety (meetings and training) Proper management of the focus areas ensure that all Athens Services vehicles meet or exceed all Federal, State and Local mechanical and safety requirements. Driver Vehicle Inspection Reports (DVIR): The maintenance department at Athens Services utilizes a truck to mechanic / welder ratio of approximately 8 to 1 to ensure that we are adequately staffed to handle repair work that is generated from driver's vehicle inspection(s). The D.V.I.R. process requires that the driver conduct a thorough pre -trip / post -trip inspection and provide the maintenance supervisor a copy of his report (day shift and night shift supervisors are on duty and drivers are aware that they are available for direct communication). The maintenance supervisor assesses the repair priority Priority #1, #2, or #3), determines if the vehicle requires immediate attention, and delegates the repair to a mechanic or welder of an adequate skill level to complete the needed repair. DVIR Process 1. Driver completes pre -trip / post -trip inspection 2. Driver provides a copy of the DVIR to the maintenance supervisor 3. Shop Supervisor discusses any noted defects with the driver to obtain a clear understanding ofthe repairs required 4. Shop Supervisor prioritizes the required repairs and assesses the required technician skill level 5. Shop Supervisor generates a repair order and delegates the repair to the appropriate technician 6. Technician completes the required repairs, signs off on the repair order, and DVIR prior to turning the paperwork into the Shop Supervisor 7. Shop Supervisor signs off on the repair and closes it out in E.M.S. (Equipment Maintenance System) o Shop Supervisor conducts random quality assurance inspections to evaluate technician repair quality 8. Maintenance Manager reviews the completed repair orders the following morning Training and Safety Our drivers are well trained to begin with, of course, but we take training even further by maintaining a weekly schedule of ongoing training in the proper operation of the equipment, proper safety techniques, and keep them current with any new pertinent information affecting their work. Drivers are trained to make as many passes as is required to deliver high - quality results. They are all professionally uniformed, name- tag - identified, licensed, insured, and are skilled and experienced and will report any extraordinary service situations including low hanging tree limbs or other obstructions that prevent normal sweeping operations. In order to ensure there is an ample pool of qualified employees to manage a large service area, driver trainees are hired and trained on the use of all vehicles and moved to a permanent driving position based upon completion of all training, comfort level in their position, qualifications, etc. Athens Services is committed to providing a safe and healthy work environment for our employees, citizens, and anyone who may be affected by the service that Athens Services will be providing. Athens Services initiates and maintains complete accident prevention and safety programs. Each individual from top management to the working person is responsible for the health and safety of those persons in their charge and co- workers around them. By accepting mutual responsibility to operate safely, everyone contributes to the well -being of all personnel. Each employee is given a safety orientation by their supervisor or lead personnel prior to the start of work. The orientation covers a variety of items such as programs mandated by CAL -OSHA (Hazard communication, injury and illness prevention program, etc.), accident prevention, etc. Our street sweepers driving records are impeccable and there have been no significant claims or incidents. We are enrolled in the DMV Pull Notice Program which notifies us of any incidents that impact the driver's licenses of our staff. Additionally, our street sweeping fleet has no issues or citations from CAL -OSHA. Customer Service Another important aspect of Athens is outstanding Customer Service. Some key points are: Our toll -free number is (888) 336 -6100. LIVE Telephone coverage begins at 7:00 a.m., six days a week. 24 hour Message system Same day resolution of all inquiries. Multilingual staffing during all business hours. We can translate over 175 languages! Area Supervisor always available to be dispatched for special requests and customer concerns. Professional and courteous customer service staff. Proper staffing levels to handle customer concerns promptly. Customer Service and Billing Department telephone numbers are published on every invoice and are also located on all of our bins, trucks, and other equipment. We are listed in the white and yellow pages of a myriad of telephone books and Internet Yellow Pages and our home on the Internet is located at www.AthensServices.com. Athens owns and operates an IBM AS400 main frame computer system to process customer inquiries. After an extensive study and development effort, Athens uses custom designed software applications to ensure efficient service. All Customer Service Representatives are "on -line' and have immediate access to each customer's service information. Our customer service representatives are fluent in English and Spanish, and have the ability to conference in- a 175- language tranclntinn servire if.neededl - - ... 11 ; Athens responds to complaints through an inquiry processing system. All inquiries are logged into a central computer with the following information: Date /Time Inquiry Type (i.e., service request, extra service, etc.) Supervisor Area Route Number /Truck Number Inquiries requiring immediate action are radioed via Nextel Direct to the Area Supervisor and truck driver. All calls are responded to by the supervisor who determines the root cause of the issue. A follow -up call is made to the customer to determine that he /she is pleased with our response. All inquiries will be responded to within 24 hours. The disposition of each inquiry is then logged into the computer. Daily inquiry status reports are reviewed by several members of the management team. Inquiry and disposition data is maintained. Report selection can be made with various types of criteria including, but not limited to: Inquiry Type Date Inquiry Disposition Supervisor Area Route Number /Truck Number Our website, www.AthensServices.com, also provides for communication during and after business hours for the convenience of our customers. There is detailed information about our services, brochures and other informative publications which can be downloaded, and links to other sites to assist our citizens 24 hours per day. Customers can order temporary services, request bulky item pickups, or send us e -mail requests for information regarding any of our services. E -mails sent during the day typically receive responses within an hour and those received after business hours receive responses very early the next day. There is also a 24 -hour on -line survey that our customers can fill out which provides us with valued information that we use to continually improve our services. t. I" Welcome to Athens Servicesl contact s .,,.,... u..•• ... N Us! r, nor, MYBill! m, cYpl L +• Our website, www.AthensServices.com, also provides for communication during and after business hours for the convenience of our customers. There is detailed information about our services, brochures and other informative publications which can be downloaded, and links to other sites to assist our citizens 24 hours per day. Customers can order temporary services, request bulky item pickups, or send us e -mail requests for information regarding any of our services. E -mails sent during the day typically receive responses within an hour and those received after business hours receive responses very early the next day. There is also a 24 -hour on -line survey that our customers can fill out which provides us with valued information that we use to continually improve our services. ftens Services Y' SECTION FIVE Management Team Athens Services has a very successful approach to all franchise contract transitions and ongoing management. This approach begins with a very active and engaged executive committee comprised of three generations of company ownership and key company executives. The extensive experience of this group combined with the continuity and dedication to service provides the framework for success. All of the key requirements of the proposal and contract have been thoroughly reviewed at the executive committee level. The owners of Athens Services play a significant role in the leadership of the company and provide detailed involvement in key areas of the operation. This allows Athens to provide a combined executive team of professionals and ownership that are committed to providing excellent services to our customers. This has been the core approach to the company's business for over five decades. This approach will ensure success in the City of Rosemead. As a continuing testimony to the great working environment at Athens, we have 17 employees who have been with us over 30 years, 53 who have been here forover.20 years, and 148 that have been here at least=10.vears Illustrated on the next page is our organizational chart. The pages that follow contain detailed contact information and resumes to illustrate the structure of our service organizational team that will be managing the City of Rosemead contract. Athens Services Management Team Ownership Michael Arakelian Ron Arakelian III Gary M. Clifford Chief Operating Officer i f Will Wilson General Manager k Evelyn Comejo Cesar OrtizCustomerServiceStreetSwapingSupervisorManager1111 4 Kevin Hanifin f Chief Financial Officer Tammy Ouzoonian Director of Govemment Affairs Athens Services 24 hour Management Team Contact Information Upon commencement of service, Cellular phone numbers will be provided to the City) 1. Role Name Title E -Mail ne 2. Availability for the Duration of the Contract Michael Owner acolacion0athenss 6) l . Provide high level of involvement to ensure all ervices.comArakelian 36f36 goals are met 2._ Always available when needed Ron Owner rarakelianiii0athen 6) 1 Provide high level of involvement to ensure all sservices.comArakelian 36 goals are met 2._ Alwaysavailable_ needed_ III Gary M. Clifford Chief Operating Officer clgifford@..athensse rvices.com 626) 934 -2619 1. Provide executive sponsorship, provide capital, ensure all goals are met 2._ Always available when needed Kevin Chief khanifm@athensser 626) 1. Provide financial documents, oversee costing vices.comHanifinFinancial Officer 855 -7200 and pricing 2. Always available when needed William Wilson General Manager wwilsonOathensse 626) 934 -4696 1. General Manager of the Salt Lake and Orange County Operations and is responsible for the service to the City of Rosemead. He is the rvices.com Contract Manager. 2. His time commitment will be 4 -5 hours per week and will include oversight of the work, analysis of reports, management of staff. Cesar Ortiz Street Sweeping Supervisor ortiznathensservic 626) 934 -4691 1. Responsible for the City of Rosemead from the aspect of day -to -day operations. He will make sure that our service exceeds the City's es.com expectations. 2. His time commitment will be 20+ hours per week and will include management of the drivers, City Staff contacts & meetings, analysis of data from the vehicles, and follow up street surveys to make sure our work is the hiahestgual_ -- __-- _ -___ -- Tommy Director touzoonianQathens 626) 1. Works with City Staff to produce and services.comoumonianofGov't Affairs 934 -4664 distribute Public Education and awareness programs and assure contract compliance. Works with residents, businesses, and the Chamber of Commerce. 2. His time commitment will be 3+ hours per week and will include City Staff contacts /meetings, preparation of public awareness materials, including updating the website with Rosemead maps and other pertinent information, and providing support toLEvellyn----- the Chamber of Commerce. Customer Service Manager ecornejo a.athensse rvices.com 626) 934 -4606 1. Manages the Customer Service Department to assure that every call is handled to the customer's satisfaction. 2. Her time commitment will be l+ hours per week and will include review of reports and monitoring of telephone and email activities with residents and businesses. GARY M. CLIFFORD CHIEF OPERATING OFFICER CURRENT RESPONSIBILITIES Responsible for all of the municipal franchise operating divisions including collection, transfer, recycling, street sweeping, and disposal services. Directs the day to day operations, customer service, sales, and equipment maintenance areas. As the Chief Operating Officer, he oversees the company business strategies and development of new business opportunities along with compliance of all existing contracts and ventures and responsible for numerous hauling and street sweeping operations. EXPERIENCE Extensive senior management experience and leadership including researching, evaluating, capital project management, negotiating, and resolving complex managerial projects. His background includes many years spent with Warner Media Services, a division of AOL/Time Warner, and also as an Instructor at Azusa Pacific University, School of Business and Management. Gary also has expertise in development of effective Customer Service and Marketing Departments. Additionally, he has over 16 years of experience working with state and local government, including development of public policy and procedure. He has worked with a broad array of public officials at state, local, and federal levels and has developed key relationships. EDUCATION Master of Arts Degree (MAOM) in Organizational Management, Azusa Pacific University Bachelor of Science Degree (BS) in Applied Management, Azusa Pacific University. KEVIN P. HANIFIN, CPA CHIEF FINANCIAL OFFICER CURRENT RESPONSIBILITIES Responsible for all financial activities of Athens Services. Manages finance and accounting operations and oversees the management and administration of Athens' computer systems. Directs financial planning, forecasting and analysis, and ensures that information systems are designed to support management and external financial reporting. Handles corporate matters related to taxes, legal and compliance issues. As Chief Financial Officer, participates in significant transactions, including mergers, acquisitions, and real estate transactions, and directs the company's involvement in debt financing. Kevin has over 15 years of experience in the industry. EXPERIENCE Comprehensive financial and data processing experience, in executive management roles. Emphasis on mergers and acquisitions, divestitures, capital markets, and investments. Prior to joining Athens Services in 1996, served as Executive Vice President and Chief Financial Officer of a regional commercial bank in Southern California. During tenure at the bank, managed the investment portfolio, approved credits, negotiated acquisitions and asset purchases, and funded growth through debt instruments and equity offerines. EDUCATION B.B.A. Accounting University of Notre Dame ACCREDITATION C.P.A. California License No. 54789 WILLJAM WILSON GENERAL MANAGER CURRENT RESPONSIBILITIES As the General Manager, he has day to day operational responsibility for the division comprised of a fleet of over 150 vehicles and 250 employees. Duties include oversight of all services, safety, customer service, and facility management. He manages our Street Sweeping fleets in the San Gabriel Valley and Orange County. EXPERIENCE A seasoned transportation industry leader with over 18 years experience who possesses excellent leadership, organizational, and project management skills. He has over 15 years of experience executing successful municipal contract transitions and has worked with both City governments and the Federal government. EDUCATION MBA- Pepperdine University BA- Political Science — University Of California Riverside CESAR ORTIZ STREET SWEEPING SUPERVISOR CURRENT RESPONSIBILITIES As the Street Sweeping Area Supervisor, he oversees the day -to -day sweeping operations. He keeps and maintains quality service, good customer relations, up to date employees' files, accident investigation and reporting, conducts safety meetings and trains drivers on safe driving techniques. Maintains regular contact with City Staff to assure contract compliance and acts as the city liaison to make sure all City goals are met. EXPERIENCE A true industry professional, he joined Athens in 2006 and brings extensive operational management experience to the team. He is an excellent team motivator and is fluent bilingual English/Spanish, spoken and written, drug and alcohol abuse certified, and accident investigation trained and certified. Cesar regularly receives accolades from the Cities he manages and some of them are present later in this proposal. TOMMY OUZOONIAN DIRECTOR OF GOVERNMENTAL AFFAIRS CURRENT RESPONSIBILITIES Responsible for developing new and enhancing existing relationships with local municipalities in regard to Street Sweeping. In recent years his experience includes developing the company's successful responses to RFP's for the Cities of Placentia, San Marino, Azusa, Covina, San Gabriel, Monterey Park, Rowland Heights, Pomona, San Fernando, and others. Additionally, he works closely with chambers of commerce, colleges and school districts, and various business and community leaders. Tommy assists the Chief Operating Officer with contract negotiations and he participates in acquisitions, business strategies, special projects, and media/customer outreach and education programs. EXPERIENCE Over 16 years with Athens Services. Experience includes management of the Sales Department and Planning Department and has worked on many vital special projects and developed the Athens Services website. He will create the Public Education materials for the City of Rosemead. INDUSTRY ACTIVITIES Frequent presenter at universities and community organizations throughout the Los Angeles County i Guest lecturer at local colleges and school districts and large commercial customers EDUCATION California State University at Fullerton EVELYN CORNEJO CUSTOMER SERVICE MANAGER CURRENT RESPONSIBILITIES Evelyn manages the daily activity of all customer service personnel. She prepares customer /resident inquiry reports and makes sure that all supervisors and managers are informed and able to respond to our customers' special needs. Evelyn is responsible for hiring, training, and development of all Customer Service Representatives and Receptionists. EXPERIENCE Evelyn has over 8 years experience in the industry and has worked on many vital projects to improve the quality of our service. Specifically, she has continued to maintain our 50 year tradition of answering the phone personally without the use of an automated system that frustrates so many. Athens Services w".m".._9 SECTION SIX Athens Services has been providing street sweeping services for over 23 years. Currently, 15 municipalities in Orange and Los Angeles Counties have made the decision to have their street sweeping services managed by Athens Services and they are glad they did. Most of these contracts are long -term agreements demonstrating that the jurisdictions want us to continue to provide high quality, cost effective service! As an overview, we currently have exclusive service agreements for street sweeping with the municipalities illustrated below. o 1 Of CO h isas• C9CIF R P Placentia South Pasadena CovinaSierraMadre I 1 .tn t t t IRWINDALE San Fernando Rowland Heights Irwindale Pomona T I' e,• pIp1 Azusa C'ILIFOiF'.. Monterey Park Glendora IM•,, San Gabriel di1MR 1 FEEL n?C San Marino Temple City South El Monte coming soon) When it comes to street and parking lot sweeping, Athens has unmatched dedication, resources, and success in Los Angeles County. Our experience in street sweeping began in 1987 in the City of Temple City, a contract that we still service today. Since that time, we have added more cities because we clearly understand how to deliver high quality street sweeping services. The transition "hand -off' from one sweeping company to another is a large concern for most cities. We understand this concern and we also know how to get it done effectively. The transition process requires excellent planning, great communication, and a contractor like Athens Services that has the resources, commitment, and knowledge to make a seamless transition. No other Los Angeles County company has more experience in implementing different types of refuse collector and sweeper transition situations than Athens Services. Our depth of experience ranges from successful acquisitions of other waste haulers to the implementation of large transfers of sweeping services from municipal services to Athens Services. Listed below are some recent examples of our successful street sweeping transitions: City of Placentia City of Pomona City of Glendora City of Irwindale Athens, provides street sweeping services to q,,v:( residents and businesses in Los Angeles and Orange Counties. As requested by the City, specific information regarding each contract follows below. In regard to the request for the names of the Contract Director and management team that manages each contract, (with the exception of San Fernando which is managed out of our Sun Valley Division), all of the contracts are managed by the team described earlier in our proposal. This team has many years of experience and has clearly been successful in keeping our municipal clients very happy. To deliver locally personalized results, each City has an Area Supervisor assigned that follows up on activities on a daily basis. The Area Supervisor has a relationship with City Staff in their respective cities and conveys information to our management team through verbal and written communications on a daily basis. We are aware of the City's concerns regarding special event sweeping and our proposal takes those events into consideration in the areas of both costing and implementation. In Temple City, our experience in handling special event sweeping dates back over 23 years and includes several City events including the well - known 3 -day Camelia Festival. There are a myriad of other special events in our cities, such as the Azusa Golden Days Festival and the renown Wisteria Festival in Sierra Madre annual festivals. Athens experience includes providing street and parking lot sweeping, trash collection and recycling, as well as supplying cities with event boxes. Placentia GPI ve. Q(ii C. . POPULATION: 46,488 CITY CONTACT: Steve Drinovsky TELEPHONE #: (714) 993 -8236 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. CONTRACT DATES: 2009 to Present Azusa POPULATION: 43,401 CITY CONTACT: Tito Haes TELEPHONE #: (626) 334 -5248 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, multifamily, and commercial solid waste, recyclables, and yard waste collection services. CONTRACT DATES: 2002 to Present Temple City POPULATION: CITY CONTACT: TELEPHONE #: SCOPE OF SERVICE: CONTRACT DATES: 32,400 Jose Pulido 626) 285 -2171 Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, multifamily, and commercial solid waste, recyclables, and yard waste collection services. 1987 to Present Monterey Park M POPULATION: 60,051 CITY CONTACT: Elias Saykali TELEPHONE #: 626) 307 -1320 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, multifamily, and commercial solid waste, recyclables, and yard waste collection services. CONTRACT DATES: 2008 to Present Covina POPULATION: CITY CONTACT: TELEPHONE #: SCOPE OF SERVICE: pF Cpl VY C1 F c 43,850 Daryl Parrish 626) 858 -7212 Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, multifamily, and commercial solid waste, recyclables, and yard waste collection services. CONTRACT DATES: 2006 to Present Glendora 162,265 POPULATION: 48,632 CITY CONTACT: Chris Jeffers TELEPHONE #: 626) 914 -8201 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, multifamily, and commercial solid waste, recyclables, and yard waste CONTRACT DATES: collection services. CONTRACT DATES: 2006 to Present Pomona POPULATION: 162,265 CITY CONTACT: Dave Johnson TELEPHONE #: 909) 620 -2481 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with multifamily and commercial solid waste and recyclables collection services. CONTRACT DATES: 2009 to Present jV.3J San Marino POPULATION: 13,650 CITY CONTACT: Matt Ballantyne TELEPHONE #: 626) 300 -0700 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential and commercial solid waste, recyclables, and yard waste collection services. CONTRACT DATES: 2001 to Present San Gabriel POPULATION: CITY CONTACT: TELEPHONE #: SCOPE OF SERVICE: CONTRACT DATES: x 39,804 Steve Preston 626) 308 -2800 Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, multifamily, and commercial solid waste, recyclables, and yard waste collection services. 2009 to Present Sierra Madre POPULATION: 10,762 CITY CONTACT: James Carlson TELEPHONE #: (626) 355 -7135 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, multifamily, and commercial solid waste, recyclables, and yard waste collection services. CONTRACT DATES: 2007 to Present South Pasadena POPULATION: 24,700 CITY CONTACT: John Davidson TELEPHONE #: 626) 403 -7200 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential and commercial solid waste, recyclables, and yard waste collection services. CONTRACT DATES: 2001 to Present A k% Rowland Heights, Los Angeles County POPULATION: 48,553 CITY CONTACT: Bert Willis TELEPHONE #: (626) 840 -7162 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and "alleys. We also provide commercial solid waste collection services to the Rowland Heights area. CONTRACT DATES: 2008 to Present Irwindale 17MDO POPULATION: 1,446 CITY CONTACT: Loretta Corpis TELEPHONE #: (626) 430 -2211 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, and commercial solid waste, recyclables, and yard waste collection services. CONTRACT DATES: 2009 to Present Please feel free to contact any of our cities to verify the dependibility of our service. For your convenience, a few letters from some of our cities follow. San Fernando POPULATION: 23,564 CITY CONTACT: Ron Ruiz TELEPHONE #: 818) 898 -1242 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys. CONTRACT DATES: 2009 to Present Irwindale 17MDO POPULATION: 1,446 CITY CONTACT: Loretta Corpis TELEPHONE #: (626) 430 -2211 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. We also provide the City with residential, and commercial solid waste, recyclables, and yard waste collection services. CONTRACT DATES: 2009 to Present Please feel free to contact any of our cities to verify the dependibility of our service. For your convenience, a few letters from some of our cities follow. CITY OF GLENDORA c1TY HALL. (626) 914 --8201 OFFICE OF THE CITY XANAGER May 8, 2009 To Whom It May Concern: 116 East Foothill Blvd., Glendora, California 91741 FAY (626) 914 -8221 city-man,ager@ci.glendora.ca.usGci.glendora.ca.us The City ofGlendora has contracted with Athens Services since December 1, 2006 for street sweeping services. They have operated this service with the same high level of professional and customer service standards that they are known for with their solid waste services. Our streets are cleaned on a regular schedule and we receive substantially less complaints now than when we did the service with our own crews. Additionally, the savings from contracting with Athens has been remarkable for our financial bottom line. Their management team is very responsive and they are willing to work with us on any issues or suggestions that we may have. I would recommend any city considering contracting out street sweeping or seeking bids to give the strongest consideration to Athens Services' proposal. I am sure you will not be disappointed in a decision to bring Athens Services on board. If you should have any questions, please feel free to call me at (626) 914 -8201. Sincerely, 6e 1AChrisJeffers City Manager PRIDE OF THE FOOTHILLS February 4. 2010 Athens Services 15045 Salt Lake Ave. PO BOX 60009 Crty of Industry, CA 91716 To Whom It May Concern It gives me great pleasure to recommend Athens Services to any company or public agency The City of San Gabriel has worked with Athens Services for many years for trash services and now for the past year we have worked with their Street Sweeping Division. In that time, they have exceeded our expectations and proven that our move to venture with a new contractor for our street sweeping needs was well worth the change. On many occasions we have contacted our Athens Representative, Cesar Ortiz to assist us in cleaning city streets and/or areas that were not due for normal routine service that day: on eacn occasion Athens Services was able to accommodate our request within a more than reasonable timetrame. Furthermore, the customer service attention we receive from our representative and up the chain of command to a corporate level* outstanding. Athens Services as a whole maintains a high degree of involvement and has effectively incorporated themselves as part of the City team. I recommend Athens Services with enthusiasm. and when given the opportunity would recommend them to any person or entity . Should you require any further information please do not hesitate to contact our Public Works Office Sincerely, Bob Bustos Interim Public Works Director Mayor . JOSEPH V. AGUIRRE City Administrator TROY L. BUTZLAFF, ICMA -CM February 3, 2010 The People ere the ary 401 Easf Chapman Avanae - PbceeHa, Ce6f"le 63610 To Whom It May Concern Coundimembers: SCOTT W. NELSON CONSTANCE UNDERHILL GREG SOWARDS JEREMY B. YAMAGUCHI This letter is to provide reference information for Athens Services. The City of Placentia switched from an in -house street sweeping operation to contract street sweeping services provided by Athens Services in September of 2009. We have found Athens Services to consistently perform their duties with the utmost of professionalism. Every step of the transition has been smooth and effective. From route planning to customer service we are overwhelmingly pleased with the performance of Athens staff and equipment. It is without reservation that I am able to say, "Athens Services has clearly exceeded our expectations in their performance of street sweeping services for the City of Placentia." Sincerely, Steve Drinovsky` Director of Public Works City of Placentia City of Placentia, Department ofPublic Works and Engineering 714) 993 -8131 1.i Recyd.d Paw February 4, 2010 RE: Letter ofRecommendation To Whom It May Concern: It is with pleasure I write this letter ofrecommendation for Athens Services. Athens Services has provided outstanding street sweeping services for the past 6 years. Furthermore, Athens was instrumental in a seamless transition from bi- weekly to weekly street sweeping. In order to execute this change, there were various proposals considered that required significant logistical analysis, so the changes in place would have minimal impact on our residents' parking convenience. We signed residential streets and created a partnership between our Police Department and Athens' to ensure consistency in this politically sensitive transition. Athens is responsive and provides timely resolutions to resident complaints and special request from the City. If you have any questions, feel free to contact me at 626 -812 -5248 Thank you. Tito Haes Public Works Director /Assistant City Manager CITY OF SAN MARINO MEMORANDUM CIitg of Sun Marino TO: CESAR ORTIZ, ATHENS OPERATIONS SUPERVISOR FROM: VERONICA RUIZ. ADMINISTRATIVE ANALYST DATE: MAY 1 1. 2009 SUBJECT: STREET SWEEPING SERVICES The City of San Marino is pleased to report that Athens Services has been providing our city street sweeping services over the past several years and these services have been performed to our satisfaction. q°7 February 11, 2010 To Whom It May Concern; The City of Irwindale has recently retained Athens Services to perform its city -wide street sweeping. We have found their street sweeping services to be excellent and thorough. Additionally, their staff is professional and expeditious in addressing any and all emergency requests, questions or concerns the City has had with regard to street sweeping. The City of Irwindale is truly satisfied with the street sweeping services provided to us by Athens Services. ok Tam Director of Public Works 5050 NORTH IRWINDALE AvE., IRWINDALE, CA 91706 PHONE: (626) 430 96242095050FACSIMILE: (626) 964209 JAA l " 125 East College Street © Covina, California 91723 -2199 Public Works Deparanent Development Services Division Environmental Services Section February 3, 2010 To Whom It May Concern Athens Services has been providing street sweeping services since July 1, 2006. During my 19 months with the City of Covina, I have been very satisfied with Athens Services' performance, especially our current Route Supervisor and main contact for street sweeping, Cesar Ortiz. Cesar is very responsive, communicates well, and provides suggestions to residents' concerns. We've had several occasions where special sweeping was requested and completed with no issues. It has been a pleasure working with Athens Services and Cesar Ortiz, and I would highly recommend their Street Sweeping Services. Sincerely, L McClure Sr. Administrative Technician May 21, 2009 Ify Of SOUTH PASADENA Pil ri: WORn' DfF <ATI•rNT sv "n' Pa >„Otna. CL q$036 T!L _ d2,10, :24 • Fa.: 620 403 724 ' Letter of Recommendation South Pasadena Street Sweeping Program The City of South Pasadena Public Works Department oversees the Trash Collection and Street Sweeping program- We have been fortunate to work with Cesar Ortiz, Operations Supervisor during the past year for street sweeping services. The street sweeping service is efficient and provides for special attention to the needs of our citizens. Cesar provides quick and courteous service to resolve customer complaints and requests for service. He understands the unique environment in which we operate and works to promote and support a long -term relationship. Our relationship with Cesar and his increasing knowledge for conflict resolution and the scheduling of special sweeping operations has been very valuable. We have had no incident that has been too difficult to manage or resolve. Sincerely, Diana Harder Public Works Assistant Athens Services SECTION SEVEN Athens Services is prepared to begin service to Rosemead immediately. We have the necessary equipment, manpower, and other deliverables on hand at this time. The pages that follow indicate our planned schedules and routes that will produce excellent results for the City of Rosemead. CITY OF ROSEMEAD p TUESDAY fl SWEEPING SCHEDULE TUESDAY 8AM-1 2PM yJq n o N 18788 T tf t ' wtcen aaw ( uao, w""4 0. r M1M1M1 9:0e",. 1i*•,zy' J' W Y •,, e000 3 rt7Kix sr - oil aIOR' a, ' NIH$ d PoSEIYEnD ROSE> ST' . NELLS nS lEU[a LAWRENCE $ j SAC ml a NENBY _ AY r TUESDAY 8 a I I et - I cstrrx PoTUESDAY - 6AM -10AM ' ' - _ jJ[N` " crcat c ' >I , . ST 10AM +2PM e. CITY OF ROSEMEAD 2AM -6AM ARTERIALS TUESDAY AND FRIDAY SWEEPING SCHEDULE 0 If1 ^ iUll- I' nryss , Lf R VACC BLVDTI•.,rt _. Q— T. 11 I I I"" dT I I F5 I CITY OF ROSEMEAD FRIDAY SWEEPING SCHEDULE. sl lg .e FRIDAY 6AM -10AM t NHITHOREl i 1- L Wi NOTE1 tx i i 6 a eYOO g g cwa - oo eeoo R e R M JADE s< LN a, C EW RK aFb ( If zAV EERN nv ggFS FEERN - t WRYLIA !@ L a vNr j 8' ° iTII JJ 8AM•12PMdenaumvNx KLIIGE STI - " A1. l Ia 3 € i t e ry EoiS R w 4Y {I FRIDAY ST 5 d j o fl r +ud/AiS£ Ruses woo - eeoa II •n 'Ap n'1/I Cn'' 1'ARR J.'$ i Athens Services SECTION EIGHT Please see the pages that follow. j' 4r Request For Proposal — Street Sweeping Services Page 17 ATTACHMENT A SERVICE LOCATIONS / TOTAL COST Total Monthly Cost: $13,992.51 Amount in Words Thirteen thousand nine hundred ninety two and 51/100 Total Annual Cost: $167,910.08 Amount in Words One Hundred sixty seven thousand nine hundred ten and 08/100 17 Service Type Curb Miles Frequency Monthly Cost Annual Cost 1 Residential and Median Street Sweeping 147 Weekly 11.364.08 $136.368.96 2 Commercial Street Sweeping 17 Twice Weekly 2,628.43 $31,541.12 Totals: 13,992.51 $167,910.08 Total Monthly Cost: $13,992.51 Amount in Words Thirteen thousand nine hundred ninety two and 51/100 Total Annual Cost: $167,910.08 Amount in Words One Hundred sixty seven thousand nine hundred ten and 08/100 17 Request For Proposal — Street Sweeping Services Page 19 ATTACHMENT C UNIT PRICES I. The contractor agrees that for requested and /or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. II. Contractor is advised that the submitted unit prices will be used as one of the determining factors, in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed, including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices. FUNCTION COST /UNIT OF MEASURE Additional Street Sweeping Services During Regular Business Hours: $17.84 PER CURB MILE Emergencies During Regular Business Hours: $ 92.00 PER HOUR Emergencies After Regular Business Hours: $ 105.00 PER HOUR 19 Athens Services SECTION NINE To assure maximum diversion, Athens Services will be transporting the sweeping debris we collect to the processing facility we own that is located on 15 acres at 14048 E. Valley Boulevard. in unincorporated Los Angeles County near the City of Industry. The 175,000 - square -foot facility is a computer - controlled, state -of -the -art plant designed specifically for the processing of municipal solid waste. The Athens Services MRF in Industry includes: A dedicated computer local area network (LAN) for control of plant operations and recording of all materials received and shipped from the facility. A 127,000 - square -foot tipping and transfer area, providing space for reception of incoming solid waste for processing and efficient transfer of residue from the recovery process. Three automated Mayfran and Krause conveyor lines, providing for mechanized and manual materials recovery in three major sorting areas in the 48,000 - square -foot recovery area. A Bulk Handling Systems bag ripper for presentation of materials enclosed in trash bags. Three MillPower, Inc., vibrating sizing screens for size - classifying processed materials. A Bollegraaf Recycling Machinery automatic 100- horsepower single -ram baler and feed conveyor system. An enclosed 8 -spot loading dock for protection and shipping of baled recyclable materials. Five Caterpillar wheel loaders, three Linde fork trucks, and two Northshore Manufacturing cranes for materials handling and residue transfer. One Ptarmigan Machinery "Super- Ptarmigan" conveyor line for the recovery of bulky /dense materials, our Construction and Demolition debris line. Fully automated truck scales, combined with a data collection system to track all materials entering and leaving the facility. A unique computer - controlled odor - control system that combines neutralization of odors with organic enzymes, adsorption of odors by activated carbon, and an exhaust ventilation system that maintains a negative pressure on industrial areas of the building, to greatly reduce the potential for trash odors to escape the facility. A brief storyboard outlining the Athens MRF process is illustrated below: Sweeping debris collected is dumped onto the Tipping floor and moved with heavy equipment onto the Walking Floors toward the processing equipment where employees and machines will sort out the recyclables. Once sorted, recyclable conveyor to the massive baler, materials are moved via where they are prepared hi ORGANICS AMERICAN (909) AV for shipment to foreign and domestic markets or sent to composting facilities. Some of the materials from the plant, such as dirt, food waste, and greenwaste are shipped to our compost facility in Victorville. This is one of only two fully permitted composting facilities in Southern California that can accept food waste through collection programs. More information regarding this facility can be found at Welcome To American Organics! httl2: / /www.americanoraanicsrecyclina.com Athens Services SECTION TEN Athens will be using Tymeo Regenerative Air (600 BAH) sweepers which will be used in conjunction with spraying of water to minimize unsettling dust. These vehicles will be less than three years of age, as specified by the RFP, and will be maintained in good repair, appearance, and sanitary conditions. Specific detailed information regarding our maintenance program can be found in Section Four Methodology. Athens will have installed on all of their sweepers in Rosemead, the most technologically advanced GPS . monitoring system, known as the Teletrac Fleet Director System. Teletrac monitors all aspects of the sweepers operation from the brooms up or down to speed and direction. Teletrac has many features to help better manage street sweeping by teal -time tracking of all vehicles in the fleet from the computer desktop. Some advantages ofthis system are: Powerful software configuration options that allow immediate customization such as setting up authorized and unauthorized zones and times and vehicle speeds to trigger exception alerts and reports. (As an example, exception alerts and reports tell us when the driver exceeds 6 MPH or is stopped longer than 30 minutes.) State of the art, integrated mapping with satellite images and overlays of routes and destinations providing unprecedented detail for avoiding errors. Detailed reporting to help monitor driver performance, vehicle use, and productivity. Teletrac Fleet Director confirms that 100% of each route is completed each day. Manufacturer's specification data for our vehicles and the Teletrac system is provided for your convenience on the pages that follow. sLEW x:Finrums xmxwrvmn TYMCO Alternative Fuel Powered Sweepers: Environmentally Superior Cleaning With the ever growing need to address environmental concerns and to meet Federal, State and Municipal air quality requirements, there has been an increasing demand for fleets to add more low emission alternative - fuel vehicles (AFVs). TYMCO has been manufacturing alternative fuel sweepers since 1984. This experience, coupled with our well known reputation for reliability and productivity make TYMCO Alt Fuel sweepers the smart choice. These low emission vehicles, when combined with our proven Regenerative Air System, offer the highest degree of cleaning power available on the market today; while at the same time maintaining and improving the environment. TYMCO currently offers two forms of alternative fuel for the Model 600: Dedicated CNG (Compressed Natural. Gas) and Dedicated LPG Liquefied Petroleum Gas) - propane, which allows both the sweeper and the chassis • engines operate on alternative fuel. Street sweepers must be maneuverable in order to get to those hard -to -reach areas. The TYMCO engineered and manufactured alternative fuel powered chassis is TYMCO Model 600 -LPG designed to provide maximum fuel (Propane) capacity on the shortest wheelbase available. TYMCO has accomplished this by designing a CNG fuel storage rack system and LPG tank that require minimal additional wheelbase, resulting in the tightest turning radius possible; all while providing maximum rear view visibility. TYMCO Model 600 -CNG Compressed Natural Gas) Both the CNG and LPG fuel storage areas are designed to be user friendly. Quick access for fueling, system shut -off valves and pressure reading make the operator'sjob easierand safer. The large capacity CNG fuel storage cylinders are enclosed for protection, and the enclosure roof is angled and sloped to allow for low hanging tree limbs. Both the CNG and LPG fuel storage areas are mounted in such a way as to allow for maximum sweeper operation Utilizing the very latest advancements in technology, TYMCO alternative -fuel powered sweepers are specifically engineered to provide the highest degree of performance, safety, and simplicity. REGENERATIVE AIR SWEEPERS C MODEL 600 ALTERNATIVE FUEL CONVENTIONAL TRUCK FOR CUMMINS CNGILPG ENGINE REPOWER OPTION FREIGHTLINER M2 106 DIESEL SPECIFICATIONS 31,000 LB. GVW FREIGHTLINER DUAL STEERING -) Cummins ISB 6.7 Diesel Engine - 200 HP @ 2400 RPM. 520 lb-ft Torque @ 1600 RPM 174" Wheelbase; 107" Cab to Axle (approximate) Allison 2500 RDS -P Automatic Transmission (Electronic) w/PTO Provision . 10,000 lb. Front Axle w /10,000 lb. Front Springs 21,000 11b. Rear Axle, Single Speed (6.14 ratio) 23,000 Rear Variable Rate Multi -Leaf Springs w /Leaf Spring Helper Chicago Rawhide (Scot) Oil Wheel Seals — Front & Rear Front and Rear Dust Shields Integral Power Assisted Steering w /Cruise Control, 18" Steering wheel, dual gauges Air Brakes, Cam Type, Q -Plus w/18.7 CFM Air Compressor —Air Tanks mounted between rails Anti -Lock Brake System, Automatic Slack Adjusters & Front Shock Absorbers Adjustable, High Back Air Seats - Driver and Passenger (Bostrom Talladega 910) Vinyl w /Cloth Inserts 2) Batteries — Group 31, 12 volt, 1850 CCA Total Maintenance Free Alternator - 160 Amp AM/FM Stereo Radio w /CD player, Weatherband and Clock 6) 11Rx22.5 14 Ply Tubeless Radial Tires - Duals in Rear 6) 10 Hole Disc Wheels - 22.5 x 8.25, Hub Piloted (Painted White) Tinted Glass 12V Power Supply, in dash External Grab Handles — Left & Right w /standard Interior Grab Handles Mirrors — Remote Controlled Electric Western type with 8" convex mirrors Electric Intermittent Windshield Wipers with Washers Dual Gauges: Voltmeter, Coolant Temperature, Oil Pressure, Tachometer, Hour Meter, Transmission Temperature, Electronic Tachometer Frame — 5/16" x Y x 10 -1/8" Steel; 50,000 PSI; 12.501 SM; 625,000 RBM 30 Gal. Fuel Tank — Replaced w1TYMCO 50 Gallon Tank Air Conditioner, Heater, Defroster Right Hand Outboard Frame Mounted Vertical After- treatment Device with Topslack Fontaine installed Dual Steering w /Dual Gauge Package. Color: White (N077OHN) NOTE: MUST contact TYMCO for ALL Special Order Data Codes for Customer Provided Cnassis FREIGHTLINER M -2 CNG - MODEL 600 ULTRA LOW EMISSION VEHICLE) I 77)) 11 FUNCTION: The CNG option provides a dedicated system for the Model 600 sweeper which allows the sweeper and chassis to operate on Compressed Natural Gas (CNG). Additionally, the truck chassis is powered with a Cummins 5.9 B CNG Plus 195 Natural Gas Engine. LOCATION: The CNG Cylinders are located behind the cab, and the fuel delivery equipment is mounted on or about the engines. DESCRIPTION: The Cummins chassis engine utilizes an electronic closed -loop air /fuel con- trol system. The Sweeper fuel delivery equipment utilizes a multistage regulator and mixer for CNG. The fuel management system is comprised of an electronic closed loop air /fuel control and safety shut off or equivalent. The CNG Type III Cylinders (four each, 15.9 dia. x 75" long - 1960 SCF3 @ 3600 PSI each, full composite- wrapped 20 year aluminum cylinders) have an approximate total capacity of 59.4 diesel gallon equivalent °. 16117 IMAZIll &91 RESTRICTIONS: 1. Requires minimum 10,000 lb. (4540kg) front GAWR on the truck. 2. Requires the standard 220 gallon (833 liter) water tank capacity. 3. Standard Cubic Feet (SCF) capacity is approximate. Factors such as gas density, temperature and rate of fill will affect actual capacity. 4. Equivalency based on 5.66 lbs. Natural Gas /U.S. Gasoline Gallon Equivalency and a Natural Gas Density of .0458 Ib /SCF. 5. CAT pump and /or Hi /Lo Washdown are not available. FUEL SYSTEM 4 Cylinder Vertical Stack *DGE - 59.4 Installed By Alternative Fuel Technologies, Inc. SCI, Type III Cylinders - 4 each 15.9 Dia. x 75" long 1960 SCF @ 3600 PSI each) Full composite wrapped, 20 year life, aluminum cylinders. 14.85 DGE per tank. Total capacity = 59.4 DGE 2 each - Manual 114 turn shut -off valves. 1 comes with the chassis engine and 1 for the auxiliary engine) 1 each - CNG high pressure filter for the auxiliary engine. 1 each - CNG high pressure filter for the chassis engine. 2 each - In cab fuel level gauges on both left and right driver console. 1 each - 5000 PSI liquid filled pressure gauge mounted directly on the cylinder stack. 1 each - Plumbing to manifold cylinders together .375' dia. stainless steel tubing with design pressure of 5550 PSI. 2 each - CNG high pressure hoses to connect chassis engine and auxiliary engine. 1 each - CNG fuel system vertical stack. DGE = Diesel Gallon Equivalent AUXILIARY ENGINE 5.7L Auxiliary Engine (KEM) CNG Model No. Bore & Stroke No. of Cylinders Displacement Oil Capacity w /Filter Coolant Capacity Shipping Weight Maximum HP 8 - 857 - CNG - TYMCO 4.0 x 3.48 Inches 8 350 Cubic Inches (5.7 Liter) 6 Quarts 5.0 Gallons 1150 LBS. 130 hp @ 2500 RPM w /Natural Gas @ 1000 BTU /FT3. Data per KEM, Inc. performance specs. The sweeperfuel delivery equipment utilizes a multistage regulator for CNG. The fuel management system is comprised of an ECM controlled closed loop air /fuel control with a safety shut off. Right Side Access Panel n„ r v a= 3 yxn T y y System Shut -off Valve r i 4 a Fuel Tank Plumbing I Fuel Filter System driqTO te/etrac intelligent driving FD6 Feature Matrix Message Display Terminal 96 0CE -X A New Standard For !n -Cab Communications The 960CE -X MDT offers added messaging capacity and additional features that help improve dispatch and overall fleet efficiency. Drivers can enter variable alphanumeric data into "fill-in- the-blanks" form messages in addition to free form messages and standard codes. MESSAGE LAMP TirJa arc.LO cl sir NAVIGAI ION KN(IO all:nvcvLrn: n nr,rr,q:o DISPATCH MESSAGES,— l I-, Ploel.irrv' VIE". I rP VIDi ........ P: rMU.ut'e 11-1 1 I11Cr:lki len 1101 ,L ul: SENO UP TO aO. r•.g,n:n.a RM sm(rr 1Wcafes. 11: IOHMMP \':y Il,e .nenrr.lr•ulf fna In •'n11r IM1e 1:NI 'I'lINlle:'. rnP:wxa rY MESSAGES: u,. I -mu:.W uP 1. Aml EASY VIEWING r. serC,.& III panty A,.:,•IIrY)P'e rving.,n IIV TO !,0 •I.:Val:h, .'r.••,.9r.a G. rx ntI:r•a n: {Jrn lire „le•r.rzxa li. +ngr mn .• •e.e eH PO6,MM1 OHJ,E. I. M1TUO; NCe, H}BpIPBACKLITLlIiTonK NY VInY:lli11.""U;nYP • a' teletmc 1,, ,:,m fleet directorFonnme.,. anc, nroel:nnrmon nrl,enpPe Teletrac, Inc. FD6 Feature Matrix TABLE OF CONTENTS INTRODUCTION.................................................................... ..............................1 Scope.............................................:................................................................. ............................... 1 Overview........................................................................................................... ..............................1 FD6 FUNCTIONS TO BE OFFERED IN PHASE ONE ........... ..............................2 FleetDirector Menu ........................................................................................ ............................... 3 ViewMenu ........................................................................................................ ..............................4 SendMenu ....................................................................................................... ............................... 4 MaintainMenu .................................................................................................. 4 WindowsMenu ................................................................................................ 6 HelpMenu ........................................................................................................ 6 ZoomCapabilities ........................................................................................... 6 DataView Selections ...................................................................................... 6 MapView Selections ...................................................................................... 11 Vehicle- Map View Selection ................................................................... 11 Landmark- Map View Selection .............................................................. 12 Introduction— Scope This intent of this document is to provide an overview of the items that will be contained in FD6 phase 1. Overview Traditionally, Teletrac customers accessed eClient -5.4.3 (E50) and earlier —by loading the software to a computer workstation. With FD6, the next generation of eClient; customers are not limited to using only workstations that have eClient software loaded. FD6 takes a technological leap by leveraging the power and convenience of the web. Teletrac customers can access Fleet Director from any computer with a web connection. FD6 Feature Matrix FD6 Functions to be offered in Phase One Upon start up, FD6 will automatically open up a Map View showing the entire US. It will also open up a Data View. Fleet Director 6 has a new menu structure to help facilitate the ease of using the product. The following pages contain each of the menu items and the options available. Below is an overview of what the main menu set up will look like. If a selection has a " >° by it, it signifies that that menu option has an associated submenu to it. Fleet Director View Send Maintain Window Help Map View > ViewAll Vehicles Message to Current Selection Vehicles Cascade Help Topics Workspace> Locate All Message to Subtlest Landmarks Tile About View Map Tabs Locate Vehicles In Subfieet Message to Vehicle(s) Messaging > Close All Show Labels Locate Specific Vehiclels) Message to All Drivers View Vehicle Data Find Address Send Route View Vehicle Status History Playback Configure Users Filter WatchList by Subtlest Change Password Reports Exit All menu, submenu, tab and option items are listed in detail the following sections, FD6 Feature Matrix Fleet Director Menu This is the main menu in which the user will setup and start using the application. Sub Menu, Tab or DescriptionMenuItemOption Map View Open Opens a Map Close Closes the Map Print Prints the Map displayed in the window Workspace Allows the user to set up and save their workspace Open Allows user to select and open a previously saved View Map Tabs workspace. Close Close the existing workspace Customize The feature contains for tabs for the user to customize their View Vehicle Data workspace. The first tab contains the available toolbars. View Vehicle Status Users can select which tool bar the want to view and how they want it displayed. The command tab allows users to Configure Users choose which options they want on which toolbar. On the data view tab, the user can configure the number of events to maintain in this window. They can also configure to switch to the Message and the Exception window when a messages or exceptions trigger. Completely clearing the data view is also available on this tab. The last tab gives the user the ability to receive multiple alerts per vehicle on this tab. Save Overwrite the existing open workspace that is currently open with the values that is now showing on the desktop. Save As Gives the user the ability to add a descriptive name to a workspace they have customized. Default This option will open the default workspace. View Map Tabs Displays the Map windows in tabular format Show Labels Selecting this feature will enable and disable vehicle and landmark labels on the Map View. View Vehicle Data Displays the Data View window View Vehicle Status Displays the Status View window Allows users to view what privileges they have. From this Configure Users option, an administrative user would create additional users. Change Password A user would change their login password here. Exit Exit the FD6 application View Menu This menu will deals with the visual aspects of FD6. Menu Item View All Vehicles Locate All Locate Vehicles In Subfleet Locate Specific Vehicles) Find Address History Playback Filter Watchlist by Subfleet Reports Sub Menu, Tab Description or Option Zooms that map so all vehicles that have a valid locate appear in the Map View. Locate all the vehicles. Locate only selected subfleet. Locates only specific vehicle(s) the user selects. Find an address. Replay a vehicle(s) history. Filter the Watchlist to show information only for the selected Subfleet. Automatically opens the reports module. Send Menu This menu deals with the user sending information to the vehicle. Menu Item Sub Menu, Tab Description or Option Message to Current The user can send the same message to specific vehicles Selection that the user has selected. Message to Subfleet The user can send the same message to a subfleet. Message to Vehicle(s) The user can send a message to specific vehicle(s). Message to All The user can send the same message to the entire fleet at one time. Send Route The Fleet Director user to send a route to a vehicle based on an address or landmark. Find Route by Used with Turn -By -Turn unit to send a route to a vehicle by Landmark Landmark. Find Route by Used with Turn -By -Turn unit to send a route to a vehicle by Address an address. Maintain Menu Menu Item Sub Menu, Tab or Option Vehicles Vehicle Tab Vehicle Subfleet Tab Status Tab Exception Conditions Tab Landmarks FD6 Feature Matrix Description This window will produce 4 tabs (Vehicles, Vehicle Subfleets, Statuses and Exception Conditions). Allows for vehicle creation, deletion and edits. Assignment and un- assignment of vehicles to the Watchlist occur here. Users can also set up a location schedule here. Also available on this tab is the ability to setup individually vehicle mileage information for Service Mileage reporting. Allows for Vehicle Subfeet creation, deletion and edits. The user has the ability to assign and un- assign the subfieet to their Watchlist. Users can also set up a location schedule here. Allows for status creation, deletion and edits. Users can assign, unassigned and schedule statuses. Allows for creation, deletion and edits. Users can assign un- assign and schedule exception conditions. Allows users to create, edit and delete point landmarks. The Radius button now displays on the main window. Landmark Groups This option is on the main Landmark Properties window. Option Users can create, delete and edit Landmark Groups. Assigning a Landmark Group is also an option here. Messaging This selection houses all options related to messages. Messages FSR level will be able to configure messaging from this tab. Administrative users can only view outbound messages. Message Filter User has the ability to select a Subfleet, specific vehicles or all vehicles to receive incoming messages. Auto Response Ability to reply to a message received. Both canned and Message form fill. Auto Move to Automatically move a vehicle to a subfieet based on an Subfleets inbound message received from the vehicle. Custom Message Ability to configure which users will not receive pop up Alert alerts of particular messages. Both canned and form fill. Vehicle Inbound Allows user to select messages they do not want Message Filter notification of. This is for inbound canned messages only. Drivers Allows user to set up driver information for HOS logins and the Driver Login functionality so that Drivers show up associated with vehicles. FD6 Feature Matrix Windows Menu This window controls the basic placement of the Map View window. Menu Item Sub Menu, Tab Description or Option Cascade Selecting this will cascade the Map View window. Tile Selecting this will tile the Map View window. Close All Selecting this will close all of the Map View windows. Help Menu This menu will access information about the FD6 product. Menu Item Sub Menu, Tab Description or Option Help Selecting this will pop up the on line help for FD6. About Selecting this option will produce the Fleet Director 6 U. i+h rtio „erc,,,, n —kar an +e end copyright Teletrac Inc.– Company Confidential Zoom Capabilities Zoom capabilities have now moved to the map itself. In the upper left hand comer of the map itself will be a control item that will let the user zoom in and out by clicking on bars. In the upper right hand comer, the user will be able to select Local, City and Region zoom levels. Data View Selections The Data View contains nine individual tabs. Each of these tabs report a variety of current and historical information about the vehicle's activities the user is looking for. Tab Column Name Descriptions Events - This tab shows Vehicle The name created in eClient for the vehicle. each location as it comes into the eClient system. Status What status the vehicle is in at the time of locate. FD6 Feature Matrix Tab Column Name Descriptions Event Time The actual locate time of the vehicle. Address A physical location includes the street address, city, state, and zip code. Cross Street Is locates address' main cross street. MPH Speed vehicle was traveling at when the location occurred. Heading The direction the vehicle is traveling in. Quality The quality of the locate event. Message -This tab lists Last Locate The latitude and longitude of the last locate. every message sent and Long, Lat) Vehicle Watchlist -This Vehicle The name created in eClient for the Vehicle. tab is very similar to the Events tab, but it only lists the vehicles once. The vehicle's information updates as It changes. Event Time The actual locate time of the vehicle. Message Actual text of message sent to or received from the vehicle. Type Type of message sent to or received from the vehicle. Status What status the vehicle is in at the time of the location. Event Time The actual locate time of the vehicle. Address A physical location includes the street address, city, state, and zip code. Cross Street Is locates address' main cross street. MPH Speed vehicle was traveling at when the location occurred. Heading The direction the vehicle is traveling in. Quality The quality of the locate event. Message -This tab lists Vehicle The name created in eClient for the Vehicle. every message sent and received by a vehicle. The following columns of information are displayed: Event Time The actual locate time of the vehicle. Message Actual text of message sent to or received from the vehicle. Type Type of message sent to or received from the vehicle. Tab Drivers - This tab lists all drivers set up in eClient and which vehicle they in. Exception Conditions - This tab lists all Exception Conditions triggered by the vehicle. Column Name Descriptions Driver Name The first and last name of the driver as set up in eClient. Vehicle The name created in eClient for the Vehicle Mobile Phone 1 The driver's cell phone number is here. Mobile Phone 2 A second or alternative phone number is here for the driver. for the driver Vehicle The name created in eClient for the vehicle. Event Time Exception Condition Condition Information Type New Status Closest Vehicle - This tab Vehicle will display all the vehicles assigned to the user's Watchlist sorted by closest distance to an address or landmark. The actual locate time of the vehicle. The user created Exception Condition name. Exception Condition specifications are shown here. Type of exception condition triggered. The new status the vehicle is in if this option is part of the Exception Condition configuration. The name created in eClient for the Vehicle. Status What status the vehicle is in at the time of the location event. Distance Shows the number of miles the vehicle is from the point or miles) landmark. Address A physical location includes the street address, city, state, and zip code. Cross Street Is locates address' main cross street. Tab Find Location - This tab will display all the locations when the user performs a Find action. There may be more than one location listed. Column Name Descriptions Event Time Address Street City State Zip Code Country Find Landmarks -This tab Name will display all the landmarks when the user performs a Find action. The actual locate time of the vehicle. This Address field lists just the postal number of the street. The Street the address locates on. The City the address was found in. The State the address was found in. The zip code the address is in. The Country the address is in. The landmarks name. Type The Type of the Landmark Address A physical location includes the street address, city, state, and zip code. Phone Account An account number the user may have entered when the landmark was set up. Location The location based on longitude and latitude placement. Long,Lat) Playback - This tab Vehicle The name created in eClient for the Vehicle. populates with data when the History Playback function is active. Event The Event is a name of an action that occurs by the workstation or vehicle that populates a location in the database. Event Time The actual locate time of the vehicle. Status The status the vehicle was in at the time of the Event Besides using the toolbar menu, users can also activate selected amount of functions by right clicking on the vehicles in each of the tabs in the data view. The Events, Vehicle Watchlist, Message, Exception Conditions and Closest Vehicle tabs all contain the same options. The following chart describes these options. Sub Menu, Description Option Tab or Option Locate Manually locate the vehicle. Locate Via Satellite Manually locate the vehicle using satellite backup. (Option currently grayed out. It will be available with the Satellite Backup option.) Send Message Send a message to the vehicle. Resend Message Resend the previous message to the vehicle. Change Status Manually change the status of the vehicle. HOS Driver Logout User can log out a driver from the workstation. Find Closest Vehicle Find the closest vehicle to this vehicle. Find Closest Vehicle in a Find the closest vehicle in a specific subfleet to this vehicle. Subfleet Display Display Have the map view zoom to this vehicles current location. Maintenance Display in New Opens up another map window to display this vehicle in. View Follow Allow the current map view to adjust when this vehicle moves. Follow In New Opens up a new map view and adjusts automatically to View move when the vehicle moves. History Playback Replay history for this vehicle. Properties Shows the properties of this vehicle There is also a tab that the user can make additional comments they might want associated with this vehicle. Exception Displays the Exception Condition window to allow the Conditions user to create, edit and delete exception conditions. Sub Menu, Description Option Tab or Option Send Route Service Mileage Displays the Service Mileage information window to allow users to view, create, edit or delete the service information. By Landmark Sends a route to a vehicle based on a landmark. Vehicle must be equipped with the Turn -By -Turn unit. By Address Sends a route to a vehicle based on an address. Vehicle must be equipped with the Turn -By -Turn unit. The Find Locations and Find Landmarks tab also contain similar options. The following chart describes these options. Sub Menu, Description Option Tab or Option Display in Current View Have the Map View zoom to this address or landmark. Display in New View Another map window will open up to display the address or landmark. Find Closest Vehicle Find the closest vehicle to this address or landmark. Find Closest Vehicle in Find the closest vehicle in a subfieet to this address or Subffeet landmark. Properties (in the Find Brings up the properties of the landmarks for the user to Landmarks tab only) view or edit. Map View Selections Like the Data View, there are several options available when right clicking on a Vehicle or Landmark that resides in the Map View. Vehicle - Map View Selection Options are available when right clicking on a Vehicle in the Map View. The chart below lists these options. Sub Menu, Description Option Tab or Option Zoom Local Map will zoom to the Local Area level. I Sub Menu, DescriptionOptionTaborOption Locate Manually locate the vehicle Send Message Send a message to the vehicle. Follow New View Opens up a new map view and adjusts automatically to move when the vehicle moves. Send Route By Landmark Sends a route to a vehicle based on a landmark. Vehicle must be equipped with the Turn -By -Turn unit. By Address Sends a route to a vehicle based on an address. Vehicle must be equipped with the Turn -By -Turn unit. Properties This window shows the details of the vehicle. Four tabs make up this window. The Identification tab lists the vehicle's name and pertinent data about the vehicle. The communications tab provides information on what type of communication device is used. The appearance on map tab shows which icon depicts this vehicle. The miscellaneous tab provides the user to make additional comments on about the vehicle. Landmark - Map View Selection Options are available when right clicking on a Landmark in the Map View. The chart below lists these options. Sub Menu, DescriptionOptionTaborOption Properties Selecting this option will bring up the Landmark Properties window. Athens Services SECTION ELEVEN This proposal is in the strict compliance with the Request for Proposal and Draft Agreement and no exception to either are proposed. Athens Services SECTION TWELVE Our government affairs management team has extensive experience in producing the materials that help facilitate seamless transitions. This group's role will be to prepare the citizens and business owners of Rosemead for the change to Athens Services and educate them on the importance and value of street sweeping services. We will work directly with City staff to develop a comprehensive educational program that will be presented to the residents via mailings and in the local newspapers. Specifically, our plan is as follows: A custom - designed brochure will be mailed to residents and businesses which will have the annual sweeping schedule. Advertising will be set in the local newspapers, notifying residents of the sweeping schedule. Our customer service group will be prepared to patiently walk customers through the changes. An Athens supervisor will be in the field to meet personally with customers whenever necessary. If the City so requests, we will set up our information booth at City events to meet, greet, and inform the residents about the importance of street sweeping. The pages that follow show examples of public awareness and education materials that we have designed and published in the past for the Cities of Placentia and South Pasadena. aC5 i L7 C i o, . CPW. uj o tA Mc %1100 VI O _ T i. • 4! .1. r 114Y93i 71Yc rso sn i!9h3Md o Y 2 a L A Q B A O• C A p A a Tn ps E O a c N V D c 2 E L a E L C iu s o _ Li Q u 9 Y t OI CL v L y YyAya' u Ya o a v a 1 a E E ua o E oAta CL Q;tf Oe cu EtV A J u a Ea OC8Z6lV3'elwa3eld awalm:) jelsod RRz- 0 a O N " av y a S.,35°1 h O g n u O L N Aiajerpauiuq uad0 - NO11.NWUO:fNiJMVLHOdMg E'E a A - Aya u aYCACc 'G ua c t u T C E G 0aedyE'° u N 1 C M1 a Ern O q DIMW) 2!luz eld wwde4J3 tC* ellua:eld P kD ad« d83 a EEoCE a9.h 1EJ? GGG F r a s d a a c nadoaq) 5:10 a3Y olLu 1 d IA G. 0 '_a y y r a 4¢ E g Z OW ra LA E It lr+e s'an3l .?, jl Y,r Lgll ndr i 1 I• gr . I rca •icr - ( I t D },1j iT7T1P , r 1' l r AS y yrma o §i _., p i Ic j.annrs¢n c ' l I t JIj~ it I °1•, lr t II• ,i.},.,1:lY S`? "''`"r 4- rt tlli. 1, Vis 3 n 1 l+ cps • T.2 I`n d arx5 jm ` d r 3 °e 3 rnegep s6ak- .ae= cfimf esl. II_ , Its Ze DN 11Wtlad tl7'tlNd0Y5Yd Oltld 7 tlisoarn ais iastla v o C A L d o Lwc v O . d dOdNUI V N 10 v N a o C O L O ¢ o OVI'a,m T - CO Z e } AC3 y o. v O. O zza OW O' T QLL, Q U N o N Z a'd v ry Mm N L y~j.p O1O. O JO N. a Ev O. L O m d ip a Ze DN 11Wtlad tl7'tlNd0Y5Yd Oltld 7 tlisoarn ais iastla v o C A L d o Lwc v O . d dOdNUI V N 10 v N a o C O L O ¢ o OVI'a,m T - CO 1= e } AC3 y o. v O. Oac T o U v o DEG 16 VD'euapesed y]no5 AawolsnD 1e1sod Aialvlpawwl uadO - NOLLMHOINI1NVISOM 86Z£ -DEOl6 VD'euapesed ymos iaaas uoissryy "t l euapesed 4inos ;o Az!:) CO N o. v O. Oac o v oii a'd v ry Mm N LO1O. O JO N 2 Ev L O m d ip C N N m C- N C CO E N v E v 0 O r 1 a aa r aa 4 Q . Schools Parldmg lots . Earty $ws 169 Downtown., Every Yandty,. y Fri a t. Xv OIl 0. t`}t mm 1 N om',. p Zr 20 Qn r m rm ' a y E Nm i3 m a Fa r 1. r V N aS 1J OWAf3' ti iLl'. U m, Q . Schools Parldmg lots . Earty $ws 169 Downtown., Every Yandty,. y Fri a t. Xv OIl 0. t`}t mm 1 N om',. p Zr 20 Qn r m rm ' Additionally, the City can expect that once service starts, we will have a page on our website dedicated to the City of Rosemead which will have the schedule and maps readily available for the City's residents to access, 24 hours a day, 365 days a year! The San Gabriel link on the next page is provided to preview what that information might look like. We welcome the City's input and will seek City approval before any material is published. Please feel free to visit our website and learn more about Athens Services! 4 ' it A r M AN GABRIE LsRd— SSAIds an mme SM1em' tlRtl *.' C) i r slM SWEEPER SCHEDULE dpa WO. 111111 d (YGt ISL' X " c " 0F y ps ,I I NESDAY WEEK A 2f. PS *: Y 1 ,Tx'+I TUESDAV WEEMB IF F ,V ik....fhG WEDNESDAY WEEKB j del gill - V oFl Oy I F', RIDAV WEEKA L E (o{:Hgoo 517 a I( If( cYJF4.. •..s qy. W.WOO& St-1 5 e 11ef :] ® ? I, F° !' BUSINESSFiIS €I. j ` . „ iLm e TUESDAY 8 FRIDAY E Snap. Sil+ < ° o —F`i —, 5 a 777E N tl Plf - e"+'.+.' "ni f ` } 7 ManM1 11 '9 1 X13.1 ' +115111 `r v .! .. . I .<_..._1 i1FiSfi.'0+7tfi i O f WliDUdaYCa+ HmRt9l! wmfSS: BS3asEl >441tYC mGSW^::A[•lnc 7i 7tS R®f.. O"KaInUM t7iB7it fi]RY19RO¢z 9i i i7t[7•3@n&T 6II61R9 Qi1 N"M6&C' Atil1ilfl nDi:F.7E1 61 f47Vilan ca6vlr rw snmsEltcarmwrt•rwarv6fE MDZW. -ffa1[lillddf7BECrTIZOM11 F. 1[ 76616rf7nC nilY:evc rttrasrawsmGiE aszeears. evereecm6rv BCS< msn`xamm 5vwacaew r: iTimmTcmm6F.asea e asasmsnm n nr eeseve>nBrem m>e n.E,m.xmen cte a.ca.ldll maeaemmm P,SDVLMM vtrlsssrii[ BC.. SCiEmr®> E,.. a. c+. a[' IISti7LFlmiRifLLC1R1i 9. aes7RS i•,m.Wiu,.musresimmmm raiFz liDPi7Y:7W1ci 3ra r5lrT. lfm61.8. 45 lT: lioF.. 1531Li96i9F7F[•WF77il iiW.iMVJL r7i77W1[Sii1.#GS7EISfF7 Fsc znc F lFYn @.L3cn6nct ca.u, MFmn.F 7iti m-MM Rr:1iS1— it A r M AN GABRIE LsRd— SSAIds an mme SM1em' tlRtl *.' C) i r slM SWEEPER SCHEDULE dpa WO. 111111 d (YGt ISL' X " c " 0F y ps ,I I NESDAY WEEK A 2f. PS *: Y 1 ,Tx'+I TUESDAV WEEMB IF F ,V ik....fhG WEDNESDAY WEEKB j del gill - V oFl Oy I F', RIDAV WEEKA L E (o{:Hgoo 517 a I( If( cYJF4.. •..s qy. W.WOO& St-1 5 e 11ef :] ® ? I, F° !' BUSINESSFiIS €I. j ` . „ iLm e TUESDAY 8 FRIDAY E Snap. Sil+ < ° o —F`i —, 5 a 777E N tl Plf - e"+'.+.' "ni f ` } 7 ManM1 11 '9 1 X13.1 ' +115111 `r v .! .. . I .<_..._1 i1FiSfi.'0+7tfi i O f WliDUdaYCa+ HmRt9l! wmfSS: BS3asEl >441tYC mGSW^::A[•lnc 7i 7tS u ucaeaea rn6f7D!it7iB7it fi]RY19RO¢zN"M6&C' Atil1ilfl ca6vlr rw snmsEltcarmwrt•rwarv6fEceemma+maszeears. evereecm6rv BCS< msn`xamm e asasmsnm n nr eeseve>nBrem m>e n.E,m.xmen eza u maeaemmm e>< emmeae,YCx eAmmc,.ls;.w.waza mmmmmcaee m ea nm 3ra IT.TmmcneamelYCvt it A r M AN GABRIELsRd— SSAIds anmme SM1em' tlRtl *.' C) i r slM SWEEPER SCHEDULE dpa WO. 111111 d (YGt ISL' X " c " 0F y ps ,I I NESDAY WEEK A 2f. PS *: Y 1 ,Tx'+I TUESDAV WEEMB IF F ,V ik....fhG WEDNESDAY WEEKB j del gill - V oFl Oy I F', RIDAV WEEKA L E (o{:Hgoo 517 a I( If( cYJF4.. •..s qy. W.WOO& St-1 5 e 11ef :] ® ? I, F° !' BUSINESSFiIS €I. j ` . „ iLm e TUESDAY 8 FRIDAY E Snap. Sil+ < ° o —F`i —, 5 a 777E N tl Plf - e"+'.+.' "ni f ` } 7 ManM1 11 '9 1 X13.1 ' +115111 `r v .! .. . I .<_..._1 CITY OF ROSEMEAD REQUEST FOR PROPOSAL RFP No. 2010 -03 STREET SWEEPING SERVICES Submittal Deadline: March 16, 2010, Before 10:30 AM PLEASE NOTE: MANDATORY PRE -BID MEETING Request For Proposal — Street Sweeping Services Page 2 1. INTRODUCTION The City of Rosemead is seeking Request For Proposals (RFP's) from qualified contractors for street sweeping services. Specifically, the City of Rosemead is interested in receiving proposals for street sweeping services in City streets and public right -of -way areas. A complete list of the Service Locations/ Total Cost is included in Attachment A. 2. PROPOSAL SUBMITAL DATE AND REVIEW Contractors must submit three (3) complete copies of their proposals before March 16, 2010, at 10:30 AM. All proposals must be delivered to the office of the City Clerk, City of Rosemead, or mail to: City of Rosemead Attn: City Clerk 8838 East Valley Boulevard Rosemead, CA 91770 The received proposals will become part of the official files of the City of Rosemead and will not be returned. Late proposals will not be accepted. The RFP package needs to be sealed and labeled as follows: Proposal For Street Sweeping Services — CONFIDENTIAL All proposals will be reviewed to determine conformance with the RFP requirements. Any proposal deemed incomplete, conditional, or non - responsive to the requirements of the RFP may be rejected. The City reserves the right to reject any, and all proposals. After a careful review of each submitted proposal, the City will conduct a thorough evaluation, as detailed in Section 6D of this RFP. The evaluation will lead to the selection of a contractor and an award of a Service contract. 3. CITY POINT OF CONTACT The sole source of contact regarding this RFP is Chris Marcarello, Deputy Director of Public Works Department, (626) 569 -2118. Contractors interested in submitting a proposal are asked not to contact other members of the City of Rosemead staff in connection with the RFP prior to the announcement of the selected contractor. 4. SCHEDULE The following are key dates for the Street Sweeping RFP: Mailing of RFP: February 24, 2010 Mandatory Pre -Bid Meeting: March 10, 2010 at 9:00 AM Public Services Facility (Garvey Park) 7933 Emerson Place Rosemead, CA 91770 Proposals due to the City: March 16, 2010, before 10:30 AM Due at the City Clerk's Office 2 Request For Proposal — Street Sweeping Services Page 3 City Council Contract Award: April 13, 2010 5. BACKGROUND The City of Rosemead maintains approximately 154 curb miles within its public rights - of -way. Of this total, commercial streets account for approximately 17 curb miles, which are swept twice per week. In addition, there are approximately 10 curb miles of medians locations that require weekly sweeping. Street sweeping is performed Monday through Friday each week. Street sweeping hours are 6:00 A.M. to 2 P.M. in residential areas and 2:00 A.M. to 6:00 A.M. Tuesday and Fridays on major arterials and commercial areas. A map of the street sweeping schedule that is already established is provided on Attachment B. The selected contractor shall be responsible for providing all labor and equipment necessary to perform street sweeping services on a weekly basis, including: Sweeping all arterial, collector industrial, residential and commercial streets, cul- de -sacs, median island curbs, and full roadbed on Rosemead Boulevard. Removal of large items such as cardboard, palm fronds, and rocks. Recycling of collected sweepings. Providing additional sweeping services for special events and emergencies. 6. GENERAL CONDITIONS A. Authority to Withdraw RFP and /or Not Award Contract The City Rosemead reserves the right to withdraw this RFP at any time without prior notice. Furthermore, the City makes no representations that any Agreement will be awarded to any contractor responding to the RFP. The City expressly reserves the right to postpone the opening of proposals at its own convenience and to reject any and /or all proposals responding to this RFP without indicating any reasons for such rejection. B. Pricing Approach The City of Rosemead intends to award a fixed annual contract price for the three -year term of this contract, with an option to renew annually for up to two (2) more years, based on performance. A Service unit price list should be included as part of the proposal (See Attachment C). The primary purpose of this list is to provide for guidance for any additional work or establish clear payment deductions for contract services not rendered during the course of the contract. Subsequent to the initial three -year contract term, and if the option for renewal is exercised at the third and fourth anniversary of the contract effective date, the contract amount shall be adjusted in proportion to the change in the Consumer Price Index — All Urban Customers, Los Angeles, Riverside, Anaheim, at the time, subject to a 2.5% maximum increase per year. 3 Request For Proposal — Street Sweeping Services Page 4 Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance ". If the Services are being performed as part of an applicable "public works" or "maintenance ", as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request. Contractor shall defend, indemnify and_ hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. C. Insurance and Performance Bond The selected contractor shall provide to the City the necessary insurances, endorsements and the performance bond in the amount of contract, as specified in the enclosed Draft Agreement. D Proposal Evaluation Criteria Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City of Rosemead may use some or all of the following criteria in its evaluation and comparison of the proposals submitted. The criteria listed are not necessarily an all - inclusive list. The order in which they appear is not intended to indicate their relative importance: 1. The contractor's demonstrated awareness of safety in all operations 2. A demonstrated understanding of the scope of work and other proposal documents 3. A logical, proven methodology for carrying out the work tasks described in the proposal 4. The contractor's recent experience in conducting contracts of similar scope, complexity, and magnitude, particularly for government agencies 5. The quality and quantity of personnel to be assigned to the contract, including its recent street sweeping experience 6. The quality and quantity of equipment to be assigned to the contract 7. A listing of the organizational structure of the proposed contract team 8. The financial stability of the contractor B Request For Proposal — Street Sweeping Services Page 5 9. Recent references from clients, with particular emphasis on local governments 10. The proposed contract schedule 11. The proposed contract costs 7. PROPOSAL FORMAT AND CONTENT Proposals should be typed as briefly as possible. They should not include any elaborate or unnecessary promotional material. The following order and content of proposal sections should be adhered to by each contractor: a. Cover Letter A cover letter should summarize key elements of the proposals. The letter must be signed by an individual authorized to bind the contractor. The letter must stipulate that the proposed price shall be valid for a period of'a minimum of three (3) years. Indicate the address and telephone number of the contractor's office located nearest to Rosemead, California, and the office from which the contract will be managed. b. Background and Approach The Background and Approach Section should describe your understanding of the City and the work to be done. c. Work Plan Describe the sequential work tasks you plan to carry out in accomplishing this contract. Indicate all key deliverables and their contents. d. Methodology This section should clearly describe the methodology you plan to use to carry out the specific work tasks described in the Work Plan. e. Contract Organization and Staffing Describe your approach and methods for managing the contract. Provide an organizational chart showing all proposed contract team members. Describe the responsibilities of each person on the contract team. Identify the Contract Manager and the person(s) who will be the key contact (s) with the City of Rosemead. Indicate how many hours each team member will devote to the contract by task, along with a statement indicating the availability of the members of the contract team for the duration of the contract. 'Please include resumes for key members of the contract team with particular emphasis on their experience and professional affiliation. f. Related Experience Describe recent, directly related, public agency experience. Include on each listing the name of the agency; description of the work done; primary 5 Request For Proposal — Street Sweeping Services Page 6 agency contact, address and telephone number; dates for the contract; name of the contract director and /or manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference name, organization affiliation, title, complete mailing address, and telephone number. The City of Rosemead reserves the right to reference check any and /or all of the organizations or individuals listed. g. Contract Schedule Provide a schedule for completing each task in the work program, based upon the frequency listed in Service Locations/ Cost (Attachment A). h. Cost Data Indicate the total annual cost for each portion of street sweeping services See Attachment A) for which you will provide street sweeping services, based upon the information provided. Recycling and Disposal All materials collected in the course of street sweeping activities shall be transported and recycled /disposed of in accordance with City, County, State, and Federal requirements. When possible, debris will be diverted from landfill disposal. The City shall be notified which facilities are used to process sweeping debris. The successful contractor shall be solely responsible for all fees involved in the recycling /disposal of sweepings collected in the City. Indicate the facilities where sweeping debris will be taken and programs that will be used to ensure the diversion of debris from landfill disposal. j. Equipment Vehicles and equipment used in street sweeping services must be kept well- maintained and in good appearance. Vehicles and equipment used in accordance with sweeping activities should be not more than three (3) years old and must meet all applicable local, state, and federal air quality laws, rules, and regulations including but not limited to the South Coast Air Quality Management District Rule 1186 relating to alterative fueled sweeping equipment. Equipment shall meet all applicable certifications for PM 10 and other pollutants as set forth by the South Coast Air Quality Management District. Indicate the equipment that will be used to meet these requirements and efforts to ensure equipment is maintained in good repair, appearance, and sanitary conditions at all times. k. Statement of Compliance/ Suggested Changes Contractors must submit a Statement of Compliance to the RFP and to the Draft Agreement terms and conditions, and if any, a listing of exceptions 0 Request For Proposal — Street Sweeping Services Paee 7 and suggested changes. A description of any cost implication for suggested changes must also be included. The Statement of Compliance must declare either: 1) This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or 2) This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. For each exception or suggested change, the contractor must include: Reasons for submitting the proposed exception or change. Any impact the change or exception may have on contract costs, scheduling or other considerations. 8. PRE - PROPOSAL MEETING All parties submitting proposals are instructed to attend a mandatory pre -bid meeting. The meeting is scheduled March 10, 2010 at 9:00 a.m. at the Public Services Facility, 7933 Emerson Place, Rosemead, California 91770. Present at this meeting will be representatives of the City of Rosemead Public Works Department. The purpose of this meeting is to familiarize contractors with the scope of work and to answer any questions which may arise prior to submitting proposals. Attendance at this meeting is MANDATORY for those wishing to submit proposals. Failure to attend the pre -bid meeting shall result in disqualification from the RFP process. 7 Request For Proposal — Street Sweeping Services Page 8 SCOPE OF WORK Contractor shall provide all labor and equipment necessary to perform street sweeping services in the City of Rosemead in accordance with this Agreement, on the following terms and conditions. A. Definitions 1) "Streets" shall mean all dedicated public rights -of -way within the existing or future corporate limits of the City. 2) "Debris' shall mean all litter, rubbish, leaves, sand, dirt, garbage and other foreign material removable from a paved street with a street sweeper. 3) "Curb- mile" means a swept path not less than eight (8) feet wide for a cumulative total length of 5,280 feet. 4) "Roadbed" means entire street pavement from curb to curb. B. Description of Required Services and Experience 1) General. The primary objective of street sweeping is to pick up all debris to ensure the free flow of water in the gutter and to maintain the streets in a state of cleanliness. Contractor shall remove all debris from all streets every weekly sweeping cycle. Items of excessive size, such as cardboard, palm fronds, large rocks, etc., shall be physically picked up and placed in the sweeper by the Contractor. Sweeping shall normally consist of a single pass over an area. Additional passes shall be made as necessary when conditions warrant special attention. Debris collection may require more than one pass in order to sufficiently clean the street. This service shall be included in the unit curb -mile price at no additional cost to the City. 2) The successful Contractor shall have at a minimum five (5) years experience with municipal street sweeping. The Contractor shall have developed complete sweeping programs/ schedules for California cities, towns, counties, etc. 3) Areas to be Cleaned. All City streets including arterial, collector, industrial, residential and commercial, cul -de -sacs and median curbs shall be swept once a week, at a minimum. The entire length of all curbs (including median curbs and curb returns), uncurbed pavement edges, painted (2 -way) left turn lanes and flush concrete or paved median noses shall be swept each time the associated street is swept. The entire area of each intersection shall be swept. The balance of each street shall be swept as needed. The entire roadbed of Rosemead Blvd. (Within City limits) shall be swept each time the street is swept. 3 Request For Proposal — Street Sweeping Services Page 9 In any case, no debris shall be left on the street pavement after sweeping is completed. 4) Standard of Performance. The Public Works Director, or designee, will make the final determination as to whether the work has been satisfactorily completed and may order the Contractor to re -sweep areas not swept or cleaned in a satisfactory manner. In the event the results of a sweeping are considered unsatisfactory, the Contractor shall sweep or clean the unsatisfactory area again at no cost to the City, within twenty -four (24) hours of request without interruption to the regular street sweeping schedule. 5) Additional Services. Additional services may include emergency call -outs or other instances as requested by the Public Works Director, or designee. Such services will be requested orally or in writing at least twenty -four (24) hours in advance, whenever practical, except for emergency call -outs. No request for additional services shall necessitate the simultaneous assignment of more than four (4) sweepers unless a greater number is agreeable to the Contractor. Payment for such requests shall be based upon the hourly rate specified in Attachment D. C. Chan-ges in Services During the term of this agreement or any extension thereof, the City may elect to increase or decrease the frequency or number of miles of street sweeping services. The said increase or decrease shall be by written change order to the Contractor. The unit price for change order sweeping shall be at the contract unit price specified in Attachment D. D. Schedule of Performance Street Sweeping Schedule 1) Days. Routine street sweeping shall be conducted Monday through Friday unless otherwise approved by the Public Works Director. 2) Hours. Standard operating hours for sweeping under this Agreement shall be determined by the City and the Contractor. Arterial streets and commercial areas shall be swept from 2:00 A.M. to 6:00 A.M. Residential areas shall be swept from 6:00 A.M. to 2:00 P.M. Some areas may be posted with different hours than noted above. It is the Contractor's responsibility to familiarize itself with these areas and adjust the sweeping schedule accordingly. Holidays The contractor is not required to sweep streets on Sundays nor on any of the following holiday: New Year's Day Labor Day 9 Request For Proposal — Street Sweeping Services Page 10 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 164 curb miles of street. The fleet shall include a fleet of vacuum and broom sweepers as appropriate for meeting all requirements of this Agreement and all regulatory requirements of outside agencies such as the South Coast Air Quality Management District (AQMD) and the California Air Resources Control Board. 10 Request For Proposal — Street Sweeping Services Page 11 Vehicles and equipment used in accordance with sweeping activities should be not more than three (3) years old and must meet all applicable local, state, and Federal air quality laws, rules, and regulations including but not limited to the South Coast Air Quality Management District Rule 1186 relating to alterative fueled sweeping equipment. Equipment shall meet all applicable certifications for PM 10 and other pollutants as set forth by the South Coast Air Quality Management District. All vehicles must be maintained in good repair, appearance, and sanitary conditions at all times. The City reserves the right to inspect the Contractor's vehicles at any time to ascertain said condition. A City representative shall have the right to cease Contractor's operations immediately, upon inspection of any vehicle /sweeper deemed unsafe or unsatisfactory during performance of the Agreement. At the discretion of the Public Works Director, the City may require the installation of special odometers, time clocks, or vehicle speed monitors to verify the quality and quantity of the work performed. All vehicles and equipment used by the Contractor within the City limits must be clearly identified, on each side of the vehicle or equipment, with the name of the Contractor, address of the Contractor's office, and telephone number. All equipment must be equipped in accordance with State laws, including hazard lights visible from the rear that operate independently of the brake lights. Sweepers must be quipped with mobile radio communications to the Contractor's dispatch office. H. Equipment Storage The Contractor shall be responsible for all costs associates with equipment storage. No material and equipment shall be stored where it will interfere with the free and safe passage of public or construction traffic. At the end of each day's work and at all other times when sweeping operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the roadway and open it for use by traffic. I. 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 11 Request For Proposal — Street Sweeping Services Page 12 Parking Control Officer. All costs for coordination are the responsibility of the Contractor, and no additional compensation will be allowed. K. Contractor /City Communication Throughout the period of this Agreement, the Contractor shall establish and maintain an office and have an authorized Supervisor as the point of contact for communications with the City. The Contractor's office shall have a twenty -four (24) hour telephone service and a responsible person in charge seven (7) days a week to receive all requests for emergency service, which are forwarded by the City. Contractor shall respond and provide emergency service within two (2) hours from the time a call is placed by the City. Requests for routine service or complaint issues shall be resolved expeditiously within the following twenty -four (24) hour period. L. Contractor's Employees Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Drivers License issued by the State of California. Any person employed by the Contractor who fails or refuses to carry out the directions of the City, appears to be incompetent, acts in a disorderly, improper or unsafe manner, or shows signs of intoxication or other impairment, shall be immediately removed from the job site by the Contractor. Prior to returning a removed employee to work within the City, the Contractor shall provide in writing the reason for the individual's behavior and the means used to prevent this behavior from occurring again. Failure of the Contractor to prevent, prohibit, or resolve problems with its employees working within the City will result in sweeping operations being suspended until further notice. The City may enter a contract with another party for street sweeping services during such a suspension, and the Contractor will be liable for all costs. M. Sweeping Practices The Contractor shall at all times use good sweeping practices as dictated by standards within the sweeping industry and will make adjustment to its equipment as necessary. The Contractor must exercise due care so as to prevent spilling, scattering, or dropping of debris during the sweeping activity and shall immediately 12 Request For Proposal — Street Sweeping Services Page 13 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 Attachment B). Sweeping routes and schedules shall be provided to the City no later than fifteen 15) days prior to the initiation of sweeping operations or changes in operation. The City reserves the right to request changes in routing or hours of operation at any time. Each sweeper shall have its own operator and scheduled route. Any and all sweeper breakdowns and repairs shall be reported immediately to the Public Works Director. O. Construction - Related Problems and Storm Debris Dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Contractor if located within five hundred (500) feet of a construction site. However, the Contractor is required to totally clean all dirt and debris carried by traffic to areas beyond this limit. Storm clean up and sweeping must be completed as soon as possible. Night sweeping may be permitted for normal storm cleanup, if authorized by the City. P. Records and Reports The following reports shall be submitted to the City each month along with the invoice for services. 1) Monthly Log Report. The Contractor shall keep a daily log of all streets swept, including the name and location of the streets and the number of curb - miles swept, along with a description of any special services performed. The log shall be signed by the Supervisor on a daily basis. Each month, a report shall be prepared from the daily log giving a brief description of all routine special and emergency activities. 2) Emergency Calls. The Contractor shall maintain a positive recording of all emergency service calls, by telephone recording device or by a time punch- 13 Request For Proposal — Street Sweeping Services Page 14 type trouble ticket. Such information shall be entered on the monthly log report. 3) Amount of Debris. The Contractor shall maintain a separate measurement and record detailing the amount of debris collected during sweeping activities. This information, required as part of the City's NPDES permit, must be submitted to the City each month in a tabulated, easy to read format. 4) Recycled Debris. The Contractor shall maintain a separate measurement and record detailing the amount of debris deposited at a composting or recycling facility. The record shall also identify the name and address of the facility. This information shall be submitted to the City in a tabulated, easy to read format. 5) Complaints. Complaints received by the City regarding the Contractor's performance will be transmitted to the Contractor's office in writing, by telephone, or email, and handled by the Contractor's Supervisor. All complaints are to receive a follow -up response within twenty -four (24) hours following notification of the Contractor. A report of the Contractor's investigation and the corrective action taken shall be made promptly by the Contractor to the Public Works Director. Repeat complaints may be handled by a joint visit to the site by a City Inspector and Contractor's Supervisor. Complaints received directly by the Contractor shall be submitted in writing to the City on the day such complaints are received. Contractor shall maintain a log of complaints received and corrective actions implemented which shall be submitted to the City each month. Q. Restoration and Repair, Obstructions and Clean Up The Contractor shall become familiar with all existing installations, both public and private, on the work site and shall provide adequate safeguards to prevent damage to existing structures and improvements. All fences, wall, slopes, landscaping, and other obstructions which are remove, damaged, or destroyed in the course of work shall be replaced and /or repaired, at the Contractor's expense, to the original condition and to the satisfaction of the City. Failure to have such damages repaired in a timely manner will result in the City deducting from the Contractor's payment the cost to perform the necessary remedial work. R. Miscellaneous Safety and Other Regulations 1) Equipment and Vehicle Defects. All equipment or vehicle defects disclosed by any governmental official and not requiring immediate correction shall be corrected by the Contractor within two (2) weeks of notification. 2) Warnings. Contractor shall use light warnings instead of loud sound signals except where required by law for the protection of personnel. 14 Request For Proposal — Street Sweeping Services Page 15 3) Water for Dust Control. The Contractor shall provide sufficient water for use street sweeping operations to maintain a near dustless condition. Water for this use will be made available by the City at no cost to the Contractor. All water provided by the City must be metered by devices loaned to the Contractor. Contractor shall bring any such metering devices to the City's Public Works Yard to be read at a date to be determined by the Public Works Director. Contractor shall comply with all rules and regulations of the City relating to the use of water. Failure to comply may result in the City's refusal to furnish water to the Contractor. S. Cooperation with Utility and Other Companies Work within the City by utility and construction companies may be progressing concurrently with the work under this Agreement. It is the responsibility of the Contractor to be informed of work planned by these parties and to coordinate street sweeping work accordingly. T. City Special Events Contractor will provide street sweeping services free of charge in conjunction with up to four (4) City sanctioned special events each year. These events may include the City's Independence Day /41" of July Parade and Festival (July each year), the Citywide Yard Sale (March each year), the City's Oktoberfest Celebration (October each year), and the City's Lunar New Year Celebration (January each year). U. Contract Term The term of the contract shall be for a period of three (3) years, with an option for renewal for two (2) one -year extensions, on an annual basis, based on the contractor performance. The City reserves the right to unilaterally terminate the Agreement at any time upon thirty (30) days written notice to the contractor. After the initial three (3) year contract, the City has the option to renew the contract for two (2) one -year extensions, in one (1) year increment. If the City chooses to extent the contract, a formal letter will be sent to the contractor advising contractor of the one (1) year extension. This process will be used for each of the optional two 2) years. In determining whether the Agreement should be extended, the City will evaluate the performance of the contractor and determine whether the contractor's performance is satisfactory. New street sweeping areas, as developed or assumed by the City, may be added to the Service Agreement. Such additional scope of work will be considered change orders to the initial contract, and the value will be based on service unit prices provided in Attachment C, if applicable, and /or negotiated between the two parties of the contract. 15 Request For Proposal — Street Sweeping Services . Page 16 REQUIRED CONTRACT REPORTS A. Monthly/ Weekly Service Report B. Monthly/ Weekly Performance Report C. Monthly/ Weekly Green Waste Recycling/ Diversion Report D. Emergency Calls Log E. Complaint Log LIST OF ATTACHMENTS Attachment A Service Location/ Total Cost Attachment B Street Sweeping Schedule Map Attachment C Service Unit Prices Attachment D Draft Agreement 16 Request For Proposal — Street Sweeping Services Page 17 ATTACHMENT A SERVICE LOCATIONS/ TOTAL COST Total Monthly Cost: Amount In Words Total Annual Cost: $ Amount In Words 17 Service Type Curb Miles Frequency Monthly Cost Annual Cost 1 Residential and Median Street Sweeping 147 Weekly 2 Commercial Street Sweeping 17 Twice Weekly Totals: Total Monthly Cost: Amount In Words Total Annual Cost: $ Amount In Words 17 Request For Proposal — Street Sweeping Services Page 18 ATTACHMENT B Street Sweeping Schedule Map W. Request For Proposal — Street Sweeping Services Pale 19 ATTACHMENT C UNIT PRICES I. The contractor agrees that for requested and /or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. II. Contractor is advised that the submitted unit prices will be used as one of the determining factors in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed, including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices FUNCTION COST /UNIT OF MEASURE Additional Street Sweeping Services During Regular Business Hours: $ PER CURB MILE Emergencies During Regular Business Hours: $ PER HOUR Emergencies After Regular Business Hours: 19 PER HOUR I * N EXHIBIT F INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and 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 $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way as part of this Agreement, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors/ Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. 1 General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement.'ln the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. RAI Y- 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that sub - contractors, and any other party involved with these services through the Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in these services will be submitted to City for review. 11. Contractor agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work contemplated by this agreement to self- insure its obligations to City. If Contractor's existing coverage includes a deductible or self- insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 191 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 this Agreement reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 0