CC - Item 4O - Street Sweeping Services Contract AwardROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: JUNE 13, 2023
SUBJECT: STREET SWEEPING SERVICES CONTRACT AWARD
SUMMARY
The City's street sweeping services agreement with Athens Services is set to expire on June 30,
2023. At the November 8, 2022, City Council Integrated Solid Waste workshop, the City
Council directed staff to include street sweeping services as an option in the RFP to determine if
there would be cost savings through operational efficiency from having one company perform
both services. The Request for Proposal (RFP) for Integrated Solid Waste Handling Services was
released on November 17, 2022, and on January 26, 2023, the City received five (5) proposals.
At the April 11, 2023, City Council Meeting the Council directed not to include street sweeping
services within the scope of work for the new integrated solid waste handling franchise
agreement.
The City released a separate RFP only for Street Sweeping Services on March 16, 2023, in the
event street sweeping was not included in the waste handling contract. On April 6, 2023, the City
received two proposals (Sweeping Corp of America/SCA and Athens Services). Staff began the
review process for completeness, understanding of the scope of work, and cost. Athens Services,
however, withdrew its bid on May 1, 2023. As such, Staff is recommending that the City Council
authorize the City Manager to execute an agreement with Sweeping Corp of America (SCA) for
street sweeping services for a three-year period with the option to extend for up to two (2)
additional one-year periods.
The current contract for City street sweeping services with Athens Services expires on June
30, 2023. Street sweeping contributes to the City's overall appearance and water quality
efforts as it removes potentially harmful trash, metals, and bacteria from the streets and storm
drains. The scope of work in the existing agreement for street sweeping services comprises
of sweeping all streets including arterial, collector, industrial, residential and commercial,
cul-de-sacs, and median curbs within the City once a week, at a minimum, and twice weekly
in specified commercial districts.
AGENDA ITEM 4.0
City Council Meeting
June 13, 2023
Page 2 of 4
At the November 8, 2022, City Council Integrated Solid Waste workshop, the City Council
directed staff to include street sweeping services as an option in the RFP to determine if there
would be cost savings through operational efficiency from having one company perform both
services. The Request for Proposal (RFP) for Integrated Solid Waste Handling Services was
released on November 17, 2022, and on January 26, 2023, the City received five (5) proposals.
At the April 11, 2023, City Council Meeting the Council decided to not include street sweeping
services within the scope of work for the new integrated solid waste handling contract. The
proposed street sweeping costs for each solid waste proposal received are shown in Table 1.
Table 1: Proposed Street S eeping Costs As Part of Waste Handling
A separate RFP for Street Sweeping Services only was released on March 16, 2023, via the
City's website and PlanetBids. On April 6, 2023, the City received two (2) proposals via
PlanetBids. Staff reviewed each proposal for completeness, understanding of the scope of work,
experience, and cost. Athens Services withdrew its bid on May 1, 2023. Included in Table 2 is a
summary of all proposals received, organized by total annual cost:
Table 2e Prannsed Street Sweeninu Cnets.
Proposer
Annual Street Sweeping Cost for
Proposer
10 -Year & 15 -Year Terms
Current Cost
$235,418
Athens
$493,610.52
Athens
$468,463
Burrtec*
$458,529
Republic
$329,070
Valley Vista
$279,552
Waste
$346,000
Management*
*Contractor did not include payment of prevailing wage
rates within their proposed Street Sweeping Cost Proposal
A separate RFP for Street Sweeping Services only was released on March 16, 2023, via the
City's website and PlanetBids. On April 6, 2023, the City received two (2) proposals via
PlanetBids. Staff reviewed each proposal for completeness, understanding of the scope of work,
experience, and cost. Athens Services withdrew its bid on May 1, 2023. Included in Table 2 is a
summary of all proposals received, organized by total annual cost:
Table 2e Prannsed Street Sweeninu Cnets.
Proposer
Annual Street Sweeping Cost
Current Cost
$235,418
Athens
Athens*
$493,610.52
Sweeping Corp of
$484,459.56
America SCA
*Athens Services withdrew their bid on May 1, 2023
SCA's proposed cost includes prevailing wage rate, however, SCA is aware of the current
uncertainty on the State of California Department of Industrial Relations (DIR) determination for
City Council Meeting
June 13, 2023
Page 3 of 4
routine street sweeping and has agreed to renegotiate with the City to reduce the cost when
resolved. Prior to a DIR determination in late 2022, routine street sweeping was found not to be
subject to prevailing wage rates. The DIR though, is not bound by its prior determinations.
Unless overturned by a court or by legislative action the City should conform to DIR decisions.
The recommended service provider SCA has agreed that if the law is changed in this area such
that prevailing wages are not required, and the contractor reduces the wage rate of its employees,
the parties will meet in good faith to renegotiate the contract amount.
Sweeping Corp of America (SCA), formerly known as C1eanStreet, LLC, has over 47 years of
experience and serves more than 55 cities in Southern California. CleanStreet was also
Rosemead's street cleaning contractor before Athens and is familiar with Rosemead. SCA
operates with a fleet of more than 100 sweepers and over 80 full-time sweeper operators and is
well-equipped to deal with any vehicle or staffing issues that may arise over the course of a
contract. Staff is requesting that the City Council authorize the City Manager to execute an
agreement with Sweeping Corp of America (SCA) to provide street sweeping services for a
three-year period, with an option to extend for two (2) additional one-year periods.
ENVIRONMENTAL REVIEW
Staff has reviewed and determined that the proposed action is categorically exempt under the
California Environmental Quality Act (CEQA) Guidelines in accordance with Section
15061(b)(3) The project is covered by the general rule that CEQA only applies to projects that
have the potential for causing a significant effect on the environment. This item is not defined as
a project under the California Environmental Quality Act (CEQA); therefore, the proposed plan
is not subject to CEQA.
STAFF RECOMMENDATION
It is recommended that the City Council:
Authorize the City Manager to execute an agreement with SCA for Street Sweeping
services for a three-year period with the option to extend for up to two (2) additional one-
year periods. The total annual compensation for the first period (July 1, 2023 — June 30,
2024) would be in the amount of $484,460, while the second and third periods would be
allowed to increase by the annual Consumer Price Index with a maximum four (4) percent cap.
2. Find the proposed action is categorically exempt under the California Environmental
Quality Act (CEQA) Guidelines in accordance with Section 15061(b)(3)
FISCAL IMPACT
Sufficient funding for street sweeping services is provided through Gas Tax and Safe Clean
Water Program funds. The proposed Fiscal Year 2023-24 budget includes funding for street
sweeping services.
City Council Meeting
June 13, 2023
Page 4 of 4
STRATEGIC PLAN IMPACT
filen
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
DL1`NUR. GaGi.4''ci4w
Danielle Garcia
Public Works Fiscal and Project Manager
Submitted by:
796L"�—
Ben
City Manager
Attachment A: RFP for Street Sweeping Services
Attachment B: SCA Proposal
Attachment C: Draft Street Sweeping Services Agreement
Attachment D: Athens Services Letter Withdrawal of Street Sweeping Services Bid
Attachment A
Request for Proposal for
Street Sweeping Services
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS NO. 2023-05
STREET SWEEPING SERVICES
SUBMITTALS:
Three (3) bound copies of the proposal and one (1) electronic PDF file of the proposal on a
thumb drive in sealed envelope(s) must be received by the City of Rosemead's City Clerk's
Office by:
no later than 10:00 am Thursday April 6, 2023
IM
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids
at: https://Pbsystem.planetbids.com/portal/54150/portal-home
Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than
April 6, 2023, at 10:00 am
CONTACT PERSON:
Danielle Garcia
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2127, dgarcia@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
Please direct any questions or concerns regarding this RFP to Danielle Garcia, Public Works
Fiscal and Project Manager via email: dgarcia(a)citvofrosemead.org or the City's PlanetBids
Vendor Portal by March 30, 2023, at 5:00 pm. Answers to submitted questions will be posted on
the City's website and Planetbids by April 3, 2023.
This RFP is posted on the City's website.
Please review the requirements of the RFP and submit your proposal by the date specified.
Issued by:
Danielle Garcia, Public Works Fiscal and Project Manager
City of Rosemead
Page 1
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS
FOR
STREET SWEEPING SERVICES
A. OBJECTIVE
The purpose of this Request for Proposals (RFP) is to select the most -qualified Contractor
to provide street sweeping services in accordance with the terms of this RFP. A copy of
the current street sweeping map and a list of the parking lots are included as attachments
to this request for proposals.
B. BACKGROUND OF THE CITY
The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east
of downtown Los Angeles. It is bounded on the north by the cities of Temple City and San
Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles
County community of South San Gabriel, on the south by Montebello, plus by EI Monte
and South EI Monte on the east. The City is 5.5 square miles (2,344 -acres) in size.
According to the 2020 Census, the City had a population of 51,185.
C. PROJECT DESCRIPTION
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 4:00 P.M. in residential areas
and 2:00 A.M. to 6:00 A.M. Tuesday and Fridays on major arterials and commercial areas.
The Contractor's proposal must address how the indicated services will be delivered. The
Contractor shall be responsible for providing, at its expense, all labor, materials, 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, full roadbed on Rosemead Boulevard, and
City park lots.
• Removal of large items such as cardboard, palm fronds, and rocks.
• Recycling of collected sweepings.
• Providing additional sweeping services for special events and emergencies.
The complete scope of work is provided as Attachment A. A map of the street sweeping
schedule is provided as Attachment B. A Cost Form for proposed monthly and annual
costs for services is provided as Attachment C.
Page 2
D. CONTRACT PERIOD
The term of the contract shall be for a period of three (3) years, with an option to
extend for two (2) additional one-year terms. The contract has the possibility of annual
extensions based on performance and pending City Council approval.
E. PROPOSAL SUBMISSION
Electronic or Hardcopy proposals will be accepted as follows:
Hardcopy Proposal Submittals:
Three (3) bound copies and one (1) electronic PDF file on flash drive or CD of the
proposal in sealed envelope(s)
Hardcopy proposals shall be addressed to:
City of Rosemead -City Hall
City Clerk's Office
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn: Ericka Hernandez, City Clerk
Electronic Proposal Submittals:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by
PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposal submittal due date is:
April 6, 2023, at 10:00 a.m.
Late proposals will not be accepted.
F. CONTRACTOR SELECTION SCHEDULE
Release of Request for Proposals: March 16, 2023
Deadline to Submit Questions: March 30, 2023
Response to Questions: April 3, 2023
Proposals Due: April 6, 2023
Tentative City Council Award: TBD
First Day of Contract Service: July 1, 2023
Page 3
G. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS
City's Standard Services Agreement is provided as Attachment D. Please review
and provide any comments you have. City does not guarantee that any revisions to
contract will be accepted.
H. PERFORMANCE BOND
The selected contractor shall provide a performance bond in the amount of the
contract, as specified in the attached Draft Standard Services Agreement.
I. EVALUATION PROCESS & CONSULTANT SELECTION METHODOLOGY
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 below are not necessarily
an all-inclusive list. The order in which they appear is not intended to indicate their
relative importance:
1) Demonstrated understanding of the Scope of Work and other proposal
documents
2) Approach and methods for managing the contract and delivering services
3) Previous Experience with similar scope and complexity, particularly with
government agencies
4) Recent references from clients with particular emphasis on local
governments
5) Qualifications to provide service
6) Quality and quantity of equipment to be assigned to the contract
7) Proposed contract team
8) Proposed contract schedule
9) Proposed contract costs
J. PROPOSAL SUBMITTAL FORMAT
Proposal shall be submitted in the format specified below:
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 pricing shall be valid for 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.
Work Plan and Methodology
Page 4
Describe the work tasks and methodology you plan to use to carry out the services
laid out in this contract.
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 relevant experience.
Related Experience
Describe recent, directly related, public agency experience. Include on each listing
the name of the agency; description of the work done; primary agency contact,
address and telephone number; dates for the contract; name of the contract director
and/or manager and members of the proposed contract team who worked on the
contract, as well as their respective responsibilities. At least three company
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.
Contract Schedule
Provide a schedule for completing each task in the work program, based upon the
frequency listed in the Cost Form (Attachment C).
Cost Data
Indicate the total annual cost for each street sweeping service based upon the
information provided with the Cost Form (Attachment C).
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,
Page 5
appearance, and sanitary conditions at all times
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.
Addenda Acknowledgement
If any Addenda is issued by the City, they shall be acknowledged in this section.
K. DISCRETION AND LIABILITY WAIVER
The City reserves the right to reject all proposals or to request and obtain, from one
or more of the Contractors submitting proposals, supplementary information that may
be necessary for City staff to analyze the Contractors proposals, pursuant to the
selection criteria contained herein. The City is not liable for the costs incurred by the
Contractor for the preparation of this proposal. The City may require the Contractor to
participate in additional rounds of more refined submittal before the ultimate selection
of a Contractor is made. These rounds could encompass revision of the submittal
criteria in response to the nature and scope in the initial proposals.
The Contractor, by submitting a response to this RFP, waives all rights to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP. All proposals
shall be binding for a period of sixty (60) days after the delivery date and may be
retained by the City for examination and comparison.
1111111111174T:7IAJMCI
Proposers who submit a proposal in response to the RFP shall be notified in writing
when the proposer was not selected to receive further consideration.
M. PUBLIC RECORDS ACT
Proposals may be subject to public disclosure under the California Public Records Act
and other public records laws, and by submitting a proposal, the proposer waives all
rights to confidentiality of any information submitted in the proposal and agrees to any
and all such disclosures required or permitted by law. Proposals become the property
of the City when submitted and by submitting a proposal, the proposer agrees that the
City may use any information, documentation or writing contained in the proposal for
any the City purpose.
Page 6
N. PRE -CONTRACTUAL EXPENSES RESPONDING TO THE RFP PREPARATION
The City is not be liable for any pre -contractual expenses incurred by any proposer or
by any selected consultant. Each proposer shall protect, defend, indemnify, and hold
harmless the City from any and all liability, claims, or expenses whosever incurred by,
or on behalf of, the entity participating in the preparation of its response to this RFP.
Pre -contractual expenses are defined as expenses incurred by proposers and the
selected consultant, if any, in:
• Preparing and submitting information in response to this RFP
• Negotiations with the City on any matter related to this procurement
• Costs associated with interviews, meetings, travel, or presentations
• All other expenses incurred by a proposer/consultant prior to the date of award
and a formal notice to proceed.
The City reserves the right to amend, withdraw and cancel the RFP. The City reserves
the right to reject all responses to this request at any time prior to contract execution,
or only award a partial
ATTACHMENTS:
Attachment A — Scope of Work
Attachment B — Street Sweeping Map & Parking Lot List
Attachment C — Cost Form
Attachment D — Draft Agreement Services Contract
Page 7
ATTACHMENT A
STREET SWEEPING SERVICES
SCOPE OF WORK
Contractor shall provide all labor and equipment necessary to perform street sweeping
services to City in accordance with the terms and conditions of the Agreement and this
Exhibit.
Definitions
"Streets" shall mean all dedicated public rights-of-way within the existing or future limits of
the City.
"Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage, and other foreign material
removal from a paved street with a street sweeper.
"Curb -mile" means a swept path not less than eight (8) feet wide for a cumulative total
length of 5,280 feet.
"Roadbed" means entire street pavement from curb to curb.
Description of Required Services and Experience
1. Manner of Service. Contractor shall provide a Complete Sweep of all Curb Miles on
all publicly maintained City Streets once a week, at a minimum. Within any curb
mile, Contractor shall be responsible forsweeping all curbs including median islands
and the corners from any cross street intersecting the subject street. The entire area
of each intersection shall be swept. The balance of each street shall be swept as
needed. The entire roadbed of Rosemead Boulevard (within City limits) shall be
swept each time the street is swept. No debris shall be left on the street pavement
after sweeping is completed. All curbs of select City parking lots in the City shall be
swept once per week. Contractor shall obey all laws governing the operation of the
sweepers on a public street and shall perform its operations so that sweepers are
traversing their routes in the normal direction of traffic.
2. Labor and Materials. Contractor shall furnish all materials, labor, supervision and
equipment necessary to perform all work required for regularly scheduled sweeping
of all public streets in the City. Exceptions resulting from equipment breakdowns
shall be immediately reported to the City with a catch-up schedule.
3. Maps. Contractor shall provide the street sweeping service route maps to the City
Representative upon request, within ninety (90) days from receipt of written notice.
The maps shall be provided in a format that can be posted to the City website.
4. Sweeping Method. Unsweepable items that impede sweeping, such as palm
fronds, rocks, trash and debris shall be removed from the sweeping path and
properly disposed of by the operator rather than driving around them. Items that
impede sweeping and are immovable such as construction debris and impaired
vertical or horizontal clearance by tree limbs shall be reported to the City
immediately for correction. Contractor is not responsible for areas missed due to
parked cars or other personal property. Sweeper operators shall immediately report
to Contractor and the City all Illicit discharges observed during routes. Contractor
shall train all operators to recognize Illicit discharges and stormwater pollution
sources prior to work as street operators and annually thereafter, using City -
approved training materials. Such training shall be documented and made available
for review by the City.
5. Standing Water/Drainage Problems. In areas where drainage is a problem,
Contractor shall make as many passes as necessary to remove debris from
standing water. In addition, all sand, dirt, rocks, gravel, vegetation, and other
sweepable debris shall be removed from the street during the sweeping operation. If
standing water is over the top of curb, then Contractor shall not be required to
sweep that specific area. Sweeper operators shall report all areas with drainage
problems to Contractor and City monthly.
6. Standards of Service. All areas swept under this Agreement shall be thoroughly
cleaned. All debris shall be picked up by the sweeper unit and disposed of at
Contractor's expense. Sweeping shall include the removal of all sand, gravel, dirt,
litter, vegetation, and any and all other debris that accumulates between sweeps.
Curb lines shall be swept along both sides of the roadway, or to the edge of
pavement where no curb exists, along all curbs on raised medians, over all portions
of painted medians, painted left and right turn pockets, and all intersection cross
gutters. Sweeping shall normally require one pass over an area. Contractor shall
make additional passes or make such extra effort required to adequately clean the
street to the satisfaction of the City. Extra effort shall be required when sweeping
equipment leaves a dirt/silt smear in its swept path. Such services will be requested
in writing at least twenty-four (24) hours in advance, whenever practical, except for
emergency call -outs. The service standards in this Article may be reviewed and
modified as conditions warrant to maintain cleanliness by the City or as necessary to
comply with any regulatory permits issued to City.
7. Water. Contractor shall obtain water services from the appropriate water utility the
water necessary in the street sweeping operation and use sufficient water to prevent
dust arising during sweeping operations. Contractor shall consult with the
appropriate water utility for a map of preferred hydrant locations to be used
whenever feasible. The cost of the water shall be borne by Contractor.
7.1. When possible, Contractor shall use reclaimed or tertiary recycled water.
7.2. Contractor shall not discharge liquid waste from the sweeper units onto City
streets or into the storm drain system.
7.3. Washing of sweepers on City property is prohibited. Contractor shall
implement best management practices when loading water into the street
sweepers to prevent any overflow/potable water discharges into the storm
drain system.
8. Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than
five (5) miles per hour in residential areas and eight (8) miles per hour in commercial
areas when sweeping or when the sweeper brooms are down, unless Contractor
can demonstrate that the sweeper can operate efficiently and safely at a higher
speed. City will use industry standards, Environmental Protection Agency
information, and the sweeper manufacturer's recommendations on the speed of
sweepers when considering greater speeds.
9. Width of Sweeper Path. Contractor shall sweep all curb miles and all bike lanes
with all brooms down, unless parked vehicles, structures, or other objects prohibit
the safe sweeping of this path width. The path shall begin at the face of the curb and
include the flow line of the gutter. Unless blocked by parked cars, Garbage Carts,
Recycling Carts, or Organics Carts the face of the curb and gutter shall always be
included within the sweeper path. On those residential streets with no curb, the
width of the sweeper path shall be not less than eight (8) feet measured from the
edge of the pavement toward the center of the street.
10. Street Sweeping Frequency.
10.1. Residential Streets. Contractor shall provide street sweeping service for each
curb mile of residential streets in the City once per week on a scheduled
route basis. However, in those instances where the scheduled street
sweeping service day falls on a Holiday, Contractor may adjust the route
schedule as necessary. This specifically includes:
• All public residential streets within the City limits.
10.2. Commercial Streets. Contractor shall provide street sweeping service for
each curb mile of commercial streets in the City twice per week on a
scheduled route basis. However, in those instances where the scheduled
street sweeping service day falls on a Holiday, Contractor may adjust the
route schedule as necessary.
10.3. Parking Lots. Contractor shall provide street sweeping service for each curb
mile of select parking area in the City once per week on a scheduled route
basis. However, in those instances where the scheduled street sweeping
service day falls on a Holiday, Contractor may adjust the route schedule as
necessary.
10.4. Change in Frequency. The City may direct Contractor to change the
frequency of street sweeping for any City street. Contractor shall implement
City -directed changes in frequency within fifteen (15) Work Days of receipt of
written notice from the City Representative to adjust sweeping frequency.
Any changes shall be discussed and mutually agreed to in manner and cost.
11. Street Sweepinq Hours of Service.
11.1. Days. Routine street sweeping shall be conducted Monday through Friday
unless otherwise approved by the Public Works Director.
11.2. Hours. Standard operating hours for street sweeping under this agreement
shall be determined by the City and the Contractor. Arterial streets and
commercial streets shall be swept from 2:00 AM to 6:00 AM. Residential
streets shall be swept from 6:00 AM to 4:00 PM. Some areas may be posted
with different hours than noted above. It is the Contractors responsibility to
familiarize themselves with these areas and adjust the sweeping schedule
accordingly with City approval.
11.3. Holidays. The contractor is not required to sweep streets on Sundays nor on
any of the following holidays:
New Years 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. No modification of this holiday schedule shall be effective unless
authorized in writing by the Public Works Director.
12. City Special Events
Contractor will provide street sweeping services free of charge in conjunction with
up to four (4) City sanctioned events each year. These events may include the City's
Fourth of July Parade and Festival (July each year), the Citywide Yard Sale (March
each year), and the City's Moon Festival (September each year).
13. Street Changes. City and Contractor acknowledge that it may be necessary or
desirable to add or delete City streets for which Contractor will provide street
sweeping services or to temporarily modify sweeping schedules. City will provide
notice of any such changes to Contractor which may be caused by the following:
• Construction or development on or along a street.
• Pavement maintenance activities, including the chip seal program or the
slurry seal program.
• Inclement weather when running water renders sweeping ineffective.
• Special sweeping on alternative schedule.
• Other legitimate reasons that make sweeping impractical as determined by
the City Representative.
14. Street Additions. As new streets are constructed and accepted by City, City may,
at City's sole option, designate such streets as part of the Service Area for the
purposes of street sweeping services. If the City Representative designates such
streets as part of the Service Area, Contractor shall provide street sweeping service
on such streets under the terms and conditions of this Agreement within fifteen (15)
workdays of receipt of written notice from the City Representative to begin service.
Any changes under this section shall be subject to Agreement section 3.3.4 "Extra
Work".
15. Street Deletions. City may require some City streets to be temporarily or
permanently removed from the list of scheduled streets for which Contractor
provides street sweeping service under this Agreement. Contractor shall
immediately cease providing street sweeping service to any City Street upon receipt
of written notice from the City Representative to stop such service. When a City
Street has been temporarily removed from the list of scheduled streets, Contractor
shall resume street sweeping service on such street in the next regularly scheduled
cycle following the receipt of written notice from the City Representative to resume
service.
16. Revised Maps. Contractor shall revise the street sweeping service route maps to
show the addition or deletion of City Streets as provided above and shall provide
such revised maps to the City Representative upon request, within ninety (90) days
from receipt of written notice. The maps shall be provided in a format that can be
posted to the City website.
17. Parking Citation Officer — Coordination. The City may use a Parking Control
Officer to cite vehicles for parking during street sweeping hours. The contractorshall
coordinate their sweeping activities with the Parking Control Officer. All costs for
coordination are the responsibility of the contractor, and no additional compensation
will be allowed.
18. Adverse Weather Conditions. Because of varying rain conditions throughout the
City, Contractor may verbally request permission from the City Representative to
cancel sweeping during heavy and persistent rainstorms within the Service Area.
Contractor may cancel sweeping only with the prior consent of the City
Representative.
19. Hazardous Waste. Contractor shall not be required to remove any Hazardous
Waste from the street surface. If, while performing street sweeping services, any
suspected Hazardous Waste is encountered, Contractor shall immediately report the
location to the City Representative, and any other responsible agency.
20. Disposal of Sweep Waste. Contractor shall transport and deliver all sweep waste
to designated bins. Contractor will collect all bins containing sweep waste and
deliver to a facility in a manner that meets AB 939 requirements. In the event the
facility is closed on a workday or is otherwise unable to accept the sweep waste,
Contractor shall transport and deliver the sweep waste to another legally permitted
facility.
21. Spillage. During hauling, all sweep waste shall be contained, covered and enclosed
so that leaking, spilling and blowing of the sweep waste is prevented. Contractor
shall be responsible for the immediate clean-up of any spillage caused by
Contractor.
21.1. Equipment oil, hydraulic fluids, or any other liquid or debris resulting from
Contractor's operations or equipment must be covered immediately with an
absorptive material and removed from the street surface. Contractor must
notify City within two (2) hours of any spills resulting from Contractor's
operations or equipment. When necessary, Contractor must apply a suitable
cleaning agent to the street surface to provide adequate cleaning.
21.2. The above paragraphs notwithstanding, Contractor must clean up any
spillage caused by Contractor within two (2) hours upon notice from the City.
If City deems necessary, Contractor must engage third -party environmental
clean-up specialist to remove any equipment oil, hydraulic fluids, orany other
liquid or debris that remains on street after Contractor's own clean-up efforts.
If clean-up is not conducted to satisfaction of City, City has right to engage
environmental clean-up specialist to perform additional clean-up work at the
expense of Contractor.
21.3. To facilitate such cleanup, Contractor's vehicles must at all times carry
sufficient quantities of petroleum absorbent materials along with a broom and
shovel.
22. Street Sweeping Service Routes. Not less than forty-five (45) days prior to
commencement of street sweeping services, Contractor shall submit to the City
Representative, Service Area maps precisely defining the Sweeper Routes for
review and approval by the City Representative. The route maps shall include the
days of the month sweeping shall occur, the sweeping schedules in adjacent areas,
the areas of the City to be swept, the start and finish of each route, the location of
each dumpsite, and any special needs such as early starts, and late finishes.
22.1. The City Representative may provide written comments on the preliminary
maps to Contractor no later than twenty (20) Work Days after receipt of the
maps from Contractor. Contractor shall revise the maps to reflect such
comments and return them to the City Representative within twenty (20)
workdays after receipt of the City Representative's comments.
22.2. Upon approval by the City Representative of the final Sweeper Route maps,
Contractor shall develop and maintain the Sweeping Routes on a
computerized mapping system that is compatible with City's mapping system
to the extent possible. Street Sweeping maps provided to the City shall be in
a format that is suitable for posting to the City website.
22.3. Changes in maps shall be provided by the City, and Contractor shall update
the maps in Contractor's system every month. Such changes shall also be
reflected in Contractor's printed route maps. Contractor shall submit to the
City Representative, in writing, any proposed route change (including maps
thereof) not less than forty-five (45) days prior to the proposed date of
implementation.
22.4. The City Representative may provide written comments to Contractor on
such proposed change no later than ten (10) workdays after receipt of the
proposal from Contractor, and Contractor shall revise the routes to reflect
such comments and return them to the City Representative within ten (10)
workdays of receipt of such comments.
22.5. Contractor shall not implement any route changes without the prior written
approval of the City Representative. If the approved route change will change
the day on which street sweeping service will occur, Contractor shall notify
the affected Service Recipients of route changes not less than thirty (30)
workdays before the proposed date of implementation in a manner approved
by the City Representative.
23. Other City Sweep Service. If during the Term, circumstances exist that require
work associated with the street sweeping service program that is not specifically
provided for in this Agreement, the City Representative may require Contractor to
perform such other associated work ("OAW"). Any changes under this section shall
be subject to Agreement section 3.3.4 "Extra Work".
23.1. When Contractor performs OAW, the labor, materials, and equipment used in
the performance of such work shall be subject to the priorwritten approval of
the City Representative.
23.2. Examples of OAW that Contractor may be required to perform include:
performance of special sweeps, flood clean-up, street sanitation for parades
and celebrations, City requested clean-up services, and any contingency
where sweeper and supporting sweeper equipment could assist in a
particular instance.
24. Street Sweeping Quality of Work. The standards of performance which Contractor
is obligated to meet are those good street sweeping practices which leave the
service area in a debris and dirt -free condition and using sufficient water to avoid
airborne dust arising from equipment operation.
25. Street Sweeping Equipment.
25.1. General Provisions. All street sweeping service equipment used by
Contractor in the performance of services under this Agreement shall be of a
high quality and of the vacuum type in conformance with the City's MS4
Permit. The collection vehicles shall be designed and operated to prevent
collected materials from escaping from the collection vehicles. Hoppers shall
be closed on top and on all sides with screening material to prevent collected
materials from leaking, blowing, or falling from the collection vehicles. All
sweepers shall have an operational strobe and back-up alarm and shall
conform to all Federal, State and local government safety requirements.
25.2. Clean Air Collection Vehicles. During the Term, to the extent required by law,
Contractor shall provide its Street Sweeping vehicles to be in full compliance
with all Applicable Laws, including State and federal clean air requirements
that are adopted or proposed to be adopted, including, but not limited to, the
California Air Resources Board Heavy Duty Engine Standards as currently
proposed to be contained in California Code of Regulations, title 13, sections
2020 et seq., the Federal EPA's Highway Diesel Fuel Sulfur regulations and
all other applicable air pollution control laws.
25.3. Vehicle Noise Level. All Street Sweeping operations shall be conducted as
quietly as possible and must comply with Applicable Laws, including federal
EPA noise emission regulations, currently codified at Code of Federal
Regulations, Title 40, Part 205.
25.4. Reserve Equipment. Contractor shall have available to it, at all times, reserve
collection and street sweeping service equipment that can be put into service
and operation within one (1) hour of any breakdown. Such reserve equipment
shall correspond in size and capacity to the equipment used by Contractor to
perform Contractor's duties under this Agreement.
25.5. Condition of Equipment. All equipment shall be maintained in good
mechanical condition, including brushes and brooms that shall be replaced at
regular intervals. Contractor shall immediately clean any vehicle fluids
(hydraulic fluids, lubricating oils, etc.) that leak or spill from equipment into
the street or public right of way.
25.6. Storage. Sweeping equipment shall not be stored in the public right of way
unless mechanical failure prevents immediate removal. In the event of
mechanical failure, all efforts must be made to remove the equipment from
the public right of way as soon as possible. The City must approve any
overnight storage in public right of way. Contractor may enter into optional
Storage Agreement with City to store Sweeper equipment at City facility. In
the absence of such Storage Agreement with City, sweeping equipment shall
not be stored on City Property.
25.7. City inspection. All equipment is subject to inspection by the City at anytime.
26. Staffing. All Street Sweeper operators shall abide by the requirements set forth in
this Agreement.
Contractor's employees shall be required to wear a clean uniform bearing the
Contractor's name. Employees who normally and regularly come into 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 in 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, acts in a disorderly, improper, or unsafe manner or shows
signs of intoxication or impairment shall be immediately removed from thejob 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 individuals behavior and the
means used to prevent the 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.
27. Communication. Contractor shall have direct communication with all sweeping
operators in the field utilizing radios or cellular telephones. Each sweeper operator
shall have the ability to communicate verbal information immediately to City staff,
Police and Fire Department personnel, residents, and to report illicit stormwater
discharges and hazardous street or drainage conditions to the City. Contractor shall
also report missed routes and citizen complaints and resolution to the City on a
weekly basis, when applicable.
27.1. Contractor shall supply a 24-hour message telephone number to the City
Traffic Engineer so that the City can notify Contractor of traffic counter
installations.
27.2. Drivers shall be aware of their locations to raise their brooms and avoid
destruction of traffic counter cables. Contractor shall use due diligence to
avoid traffic counter cables.
27.3. All Sweepers shall have a GPS tracker located in the trucks, with all data
accessible to City staff.
28. Deficiencies and Corrections. The City may also make regular unannounced
inspections of Street Sweeping locations if a swept area is deemed to be below
acceptable performance standards, the substandard section shall be re-sweptwithin
one (1) workday of notification. Contractor shall resweep at their own expense. The
City shall be notified of the completed re -sweep.
29. City MS4 Permit. Contractor shall meet street sweeping requirements included in
the City's current Stormwater Discharge Permit as it may be amended, revised, or
reissued from time to time ("MS4 Permit").
30. 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.
Attachment 8
Street Sweeping Schedule & Parking Lots List
CITY OF
ROSEMEAD
STREET �
SWEEPING
MAP
MON
Mm-I:qn
MON
,aam.zpm
«U
Wm ,z,m
Ffll
It
I1
TNV
„m-,eam
Wn`fllZum
` Legend
F+.., FRIDAY,10amto2pm
FRIDAY, Gam to 10am
FRIDAY, 8amta12pm
MONDAY, 10am ro 2pm
••' •• MONDAY, 6amto 10am
MONDAY, 8am to 12pm
THURSDAY, 10amto2pm
THURSDAY, 6am to 10am
THURSDAY, 8a m to 12pm
TUESDAY,10amto2pm
TUESDAY, 6am to 10am
TUESDAY, Sam m 12pm
WEDNESDAY, 10amt2pm
WEDNESDAY, 6amto I0am
WEDNESDAY, 8am to 12pm
— COMMERCIALSTREETS'
city boundary
* Swept T,,esdaps & F.idays, tam :o 6 am
(Na Parking res7,ucros For street Sweeping)
100,
Til
f'
TUC
UC
eam T�m
ax;
_
cq ✓
e,
L
NX D ;-
WE0
Wm -12,
wEO
}
_
— To aom
w[O
4amleam
Wn`fllZum
` Legend
F+.., FRIDAY,10amto2pm
FRIDAY, Gam to 10am
FRIDAY, 8amta12pm
MONDAY, 10am ro 2pm
••' •• MONDAY, 6amto 10am
MONDAY, 8am to 12pm
THURSDAY, 10amto2pm
THURSDAY, 6am to 10am
THURSDAY, 8a m to 12pm
TUESDAY,10amto2pm
TUESDAY, 6am to 10am
TUESDAY, Sam m 12pm
WEDNESDAY, 10amt2pm
WEDNESDAY, 6amto I0am
WEDNESDAY, 8am to 12pm
— COMMERCIALSTREETS'
city boundary
* Swept T,,esdaps & F.idays, tam :o 6 am
(Na Parking res7,ucros For street Sweeping)
Attachment B
Street Sweeping Schedule & Parking Lots List
Street Sweeping - Parking Lot List
Facilities Address
No. of Lots
Hours
City Hall/Rosemead Community Center (Shared Lot) 8838 E Valley Boulevard
1
2:00-6:00 AM
Garvey Community Center 9108 Garvey Avenue
1
2:00-6:00 AM
Garvey Park 7933 Emerson Place
1
2:00-6:00 AM
Rosemead Park 4343 Encinita Avenue
2
2:00-6:00 AM
Zapopan Park 3018 Charlotte Avenue
2
2:00-6:00 AM
Attachment C
Cost Form
Total Monthly Cost: $
Total Annual Cost:
Service Type
Curb Miles
Frequency
Monthly Cost
Annual Cost
1
Residential and Median
Street Sweeping
137
Weekly
2
Commercial Street
Sweeping
17
Twice Weekly
3
Parking Lot Street
Sweeping
2
Weekly
Totals:
Total Monthly Cost: $
Total Annual Cost:
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: $ PER HOUR
Attachment D
Draft Agreement
CITY OF ROSEMEAD
AGREEMENT FOR SERVICES
PARTIES AND DATE.
This Agreement is made and entered into this day of
20 by and between the City of Rosemead, a municipal
corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead,
California 91770, ("City") and [insert Name of Company], a [insert type of entity -
corporation, partnership, sole proprietorship or other legal entity] with its principal place
of business at [insert address] (hereinafter referred to as "Contractor"). City and
Contractor are sometimes individually referred to as "Party" and collectively as "Parties"
in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing [insert type of
services] services to public clients, that it and its employees or subcontractors have all
necessary licenses and permits to perform the Services in the State of California, and
that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the [insert Name of
Project] ('Project') as set forth in this Agreement.
kd=I '6'1
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the Owner all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional [insert type of
services] maintenance services necessary for the Project ('Services"). The Services are
more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [insert start date] to
A-1
[insert ending date], 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.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and
control. Contractor shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Contractor shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates [insert Name or
Title], or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Contractor shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.5 Contractor's Representative. Contractor hereby designates [insert
Name or Title], or his or her designee, to act as its representative for the performance of
this Agreement ("Contractor's Representative"). Contractor's Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services,
A-2
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.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perf rm all Services under this Agreement in a skillful and competent manner, consistent
with he standards generally recognized as being employed by professionals in the same
disci line in the State of California. Contractor represents and maintains that it is skilled
in th professional calling necessary to perform the Services. Contractor warrants that
all a ployees and subcontractors shall have sufficient skill and experience to perform the
Seryces 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,
Con ractor 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
Con ractor's failure to comply with the standard of care provided for herein. Any employee
of th Contractor or its sub -contractors who is determined by the City to be uncooperative,
Inco petent, a threat to the adequate or timely completion of the Project, a threat to the
safe:y of persons or property, or any employee who fails or refuses to perform the
SeR ices in a manner acceptable to the City, shall be promptly removed from the Project
byte Contractor and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
mar ner affecting the performance of the Project or the Services, including all Cal/OSHA
reqL irements, and shall give all notices required by law. Contractor shall be liable for all
violE tions of such laws and regulations in connection with Services. If the Contractor
pert rms any work knowing it to be contrary to such laws, rules and regulations and
with ut giving written notice to the City, Contractor shall be solely responsible for all costs
aris ng therefrom. Contractor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
pro isions of this Agreement, from any claim or liability arising out of any failure or alleged
failL re to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior
to t e beginning of and for the direction of this Agreement insurance coverage as
spe ified in Exhibit D attached to and part of this agreement.
A-3
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injuor 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 gulations, and shall exercise all necessary precautions for the safety of employees
appr priate to the nature of the work and the conditions under which the work is to be
pert rmed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adeq ate life protection and life saving equipment and procedures; (B) instructions in
acci ent prevention for all employees and subcontractors, such as safe walkways,
scall Ids, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
Calif Dmia 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
prev iling rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in
Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not -to -exceed compensation indicated in this Agreement, and in a
form provided or approved by the City. If such bond is required, no payment will be made
to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City in Exhibit "B" attached hereto and incorporated herein by
reference, Contractor shall execute and provide to City concurrently with this Agreement
a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this
Agreement, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least
thirty (30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this Agreement
until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement,
the Contractor shall, upon request of the City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase
to the City. To the extent available, the bonds shall further provide that no change or
alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications of the time,
terms, or conditions of payment to the Contractor, will release the surety. If the Contractor
fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California -admitted surety with a current A.M. Best's
rating no less than A:VIII and satisfactory to the City. If a California -admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar
amount]) without advance written approval of City's project manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
A-5
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 16000, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" projects. If the Services are being performed as part
of an applicable "public works" or "maintenance" project, as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully
comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Contractor shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
W.
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 determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
[Insert Name]
[Insert Address]
[Insert City, State zip]
Attn: [Contact Person]
�lltti'�
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: [Insert Name & Department]
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 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor,
its officials, officers, employees, agents, consultants and contractors arising out of or in
A-7
connection with the performance of the Services, the Project or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other
related costs and expenses. Contractor shall defend, at Contractor's own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse
City and its directors, officials, officers, employees, agents and/or volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Contractor include all
personnel, employees, agents, and subcontractors of Contractor, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to 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. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Contractor shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
are
3.5.20 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.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each
of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[signatures on next page]
A-10
CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
By: By:_
Ben Kim, City Manager
Name:
Attest:
Ericka Hernandez
City Clerk
Approved as to Form:
Rachel Richman, City Attorney
A-11
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
By:
Title:
EXHIBIT A
SCOPE OF MAINTENANCE SERVICES
[insert scope]
A-12
EXHIBIT B
SCHEDULE OF MAINTENANCE SERVICES
[insert schedule]
LICK
EXHIBIT C
COMPENSATION
[insert rates & authorized reimbursable expenses]
C-1
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, 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: 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 $1,000,000 per occurrence, $2,000,000 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 that $1,000,000 combined single limit 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 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.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of Agency, its officers, agents, employees and
volunteers.
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.
Contractor shall obtain and maintain an umbrella or excess liability insurance policy with
limits that will provide bodily injury, personal injury and property damage liability coverage
at least as broad as the primary coverages set forth above, including commercial general
liability, automobile liability, and employer's liability. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for any
D-1
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contractor and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on
behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Requirements not limiting: Requirements of specific coverage features or limits contained
in this Section are not intended as a limitation on coverage, limits or other requirements,
or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the Agency requires and shall be entitled to coverage for the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the
Agency.
Acceptable insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance or
is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved
by the Agency's Risk Manager.
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. 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.
D-2
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any time
and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any
other agreement and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Contractor or deducted from sums due
Contractor, at City option.
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.
D-3
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.
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.
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.
MI
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 parry
involved in any way with the project 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.
1P7
MAYOR:
SEAN DANG
MAYOR PRO TEM:
STE ENLY
COUNCIL MEMBERS:
SAN ARh A
MARGARET CLARK
POLLY Low
1. RFP Revisions
City of W9semead
8838 E. VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
ADDENDUM NO. 1
To all prospective Contractors under
Request For Proposal No. 2023-05
The RFP document has been revised as follows:
The Cost Form is hereby revised to reflect the updated total amount of residential and median
street sweeping curb miles, the deletion is shown as strikethrough text and updated information
is in bold red text. The updated cost form is included as Attachment A.
2. Ouestions and Answers
Question: May we request the Bid Tabulations for the previous time this opportunity was
solicited?
Answer: The bid tabulations are provided below:
$A
Service Type
Curb Miles
Frequency
Monthly
Annual Cost
Industry, CA
$ 167,910.08
2.
R.F. Dickson and Co. Inc.
Cost
$ 200,757.96
1
Residential and
1-37
Weekly
4.
Nationwide Environmental Services
No(walk, CA
Median Street
147
Sweeping
2
Commercial Street
17
Twice
Sweeping
Weekly
3
Parking Lot Street
2
Weekly
Sweeping
Totals:
2. Ouestions and Answers
Question: May we request the Bid Tabulations for the previous time this opportunity was
solicited?
Answer: The bid tabulations are provided below:
$A
CONTRACTOR
LOCATION
ANNUAL COST
1,
Athens Services
Industry, CA
$ 167,910.08
2.
R.F. Dickson and Co. Inc.
Downey, CA
$ 200,757.96
3,
CleanStreet
Gardena, CA
$ 217,417.20
4.
Nationwide Environmental Services
No(walk, CA
$ 258,359.40
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
May we please be advised of how many tons/yards of debris was collected
during the previous year(s) of this contract?
The total tons/yards of debris collected during the last few years of the contract
are as follows:
2019
Tons
871.6
Yards
2,260
2020
Tons 815.8
Yards 1,983
2021
Tons
863
Yards
2,030
2022
Tons
836
Yards
2,165
Who is responsible for the cost to dispose of the street sweeping materials?
The Contractor is responsible for the cost of disposing street sweeping debris.
Are the 17 commercial miles be swept 2xs a week a total of 34 mile for the
week?
Yes, there are 17 commercial curb miles that are to be swept twice a week for
a total of 34 curb miles a week.
Please confirm residential weekly miles and frequency? Please confirm
commercial weekly mile and frequency?
There are 147 curb miles of residential and median street sweeping to be
performed once a week. There are 17 curb miles of commercial street sweeping
to be performed twice a week.
Please provide hours each special event and equipment needed.
Answer: The street sweeping services for each event should be performed after the
event. The City will provide a schedule for each of the events prior to their
proposed date. One street sweeper will be needed to perform the services for
special events.
Question: Will contractor be paid additional to city street change that will add additional
miles and/or equipment.
Answer: City initiated changes that add milage or the need for more equipment will be
subject to Section 3.3.4 "Extra Work" of the agreement.
Question: Is there an annual CPI adjustment on year 2 & 3 of the contract?
Answer: The Contractor may propose to include an annual CPI adjustment for the
second and third years of the agreement.
Question: Who is the current contractor?
Answer: The City's current contractor is Arakelian Enterprises, Inc. (Athens Services).
Question: What is the current monthly charge of the current contractor?
Answer: The current monthly invoice is in the amount of $19,088.16
Question: What is the term of the current contract?
Answer: The term of the current contract is set to expire June 30, 2023.
Question: What is the square footage of the area/s to be serviced?
Answer: The City provides the areas to be serviced in curb miles.
Question: Is there additional locations or scope of work added from the previous contract?
Answer: The public parking lots identified in Attachment B were added to the scope of
work.
Question: Will the awarded contractor provide the products/chemicals or consumables
for this project?
Answer: The contractor is responsible for providing all equipment, materials, and
supplies required to perform the contract services.
Question: What is the DAY and TIME cleaning schedule for this project?
Answer: The days and times to perform the services are identified within Attachment B,
City Street Sweeping Map.
Question: What is the FREQUENCY of cleaning for this project?
Answer: The Street Sweeping frequency is identified within Attachment A, Section 10
of the RFP.
3. Acknowledeement of Addendum No. I
Each proposer shall acknowledge receipt of this addendum in their submitted proposal. Failure
to provide such acknowledgement shall render the proposal as non-responsive and subject to
rejection.
If you have already submitted a response, this addendum will invalidate your response and you must
submit a new response before the due date specified. Except for the changes noted above, all other
requirements and provisions of the originally issued Request for Proposal shall remain in effect.
i
Michael Chung, PE
Director of Public Works
Issued April 5, 2023
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO.
Bidder's Signature
Attachment A: Cost Form - Revised
Company
Attachment A
Cost Form - Revised
Total Monthly Cost: $
Total Annual Cost:
Service Type
Curb Miles
Frequency
Monthly Cost
Annual Cost
1
Residential and Median
Street Sweeping
147
Weekly
2
Commercial Street
Sweeping
17
Twice Weekly
3
Parking Lot Street
Sweeping
2
Weekly
Totals:
Total Monthly Cost: $
Total Annual Cost:
Attachment B
Street Sweeping Corp of American (SCA)
Sweeping Corp of America
Formerly: CleanStreet, LLC
UCleanStreet
Cleaning Your Environment
006
�i
mom" 1W is
STREET SWEEPING SERVICES
2023-05
EXCLUSIVELY FOR
CITY OF ROSEMEAD
APRIL 06, 2023
1937 W. 169'" Street
Gardena, CA 90247
(800) 225-7316 x108
SCS.
Sweeping Corp of America
April 6, 2023
Danielle Garcia
City of Rosemead
8838 W. Valley Blvd
Rosemead, Ca 91770
Dear Danielle
On behalf of the team at Sweeping Corporation of America ('SCA'), formerly CleanStreet, LLC,
we are eager to propose our bid for Street Sweeping Services for City of Rosemead.
We have read and understand all components of the Request for Proposal. We have examined all of
the work sites and our proposal contemplates following the schedule and time zones as laid out in the
request for proposal.
We serve more than 55 cities in southern California. We are committed to providing a
high quality street sweeping program and high-quality customer service. Quality street
sweeping is the primary business that CleanStreet, LLC (now SCA) engages in, not a secondary
business endeavor.
We would request an adjustment to the contract compensation for years 2 and 3 of the contract, to be
adjusted by the preceeding year CPI calculated for Los Angeles County.
We understand that the City of Rosemead is seeking quality reliable service. We are
confident that we will be able to perform this contract perfectly without any exceptions or
problems.
I, Rick Anderson, will be the contact person for the remainder selection process. I can be contacted
at 1937 W. 169th Street, Gardena, CA 90247, by phone at 310.470.1601 or email at
randerson@sweepingcorp.com.
Thank you for this opportunity. I hope we can be of service.
Sincerely,
SCA of CA, LLC
1937 W. 169th Street
Gardena, CA 90247
v�
Rick Anderson
Director of Business Development
1 -888 -SWEEPING sweepingcorp.com
SCABACKGROUND
Sweeping Corp of America
SCA/CLEANSTREET is the premiere street sweeping contractor in California. With over
47 years of experience in providing street sweeping services, SCA/CLEANSTREET has
demonstrated that it can deliver the highest quality service.
SCA/CLEANSTREET has its headquarters in Gardena, California. SCA/CLEANSTREET
was formerly known as California Street Maintenance and South Bay Sweeping.
By 1973, the company had become one of the largest shopping center sweeping
companies in Southern California. That year the company began sweeping its first
municipality, Rolling Hills Estates.
We would say, "We will make a simple promise to you and your City. We will sweep every
street on time every day. We will instruct our operator to take as many passes as are
necessary to clean every street thoroughly. If we ever do receive a complaint, we will re -
sweep it immediately. No questions asked."
As word spread that we are a good dependable company, we slowly and steadily grew
year after year. Our commitment to quality and customer satisfaction turned out to be an
overwhelming success.
Today SCA/CLEANSTREET serves scores of municipalities and major private facilities
with high quality cleaning and sweeping services. The key to our success is the fact that
we kept that promise of quality to our clients.
SCA/CLEANSTREET takes pride in its high level of expertise that is brings to every job.
We employ the best methods and the most effective equipment. Our employees are well
trained and enjoy good pay and healthcare benefits. Our employees take great pride in
the quality of their work and in your complete satisfaction.
1 -888 -SWEEPING sweepingcorp.com
SCA.
Sweeping Cerp o/ .Smc,,-,c
Personnel
WORK PLAN
Supervisors
Satisfaction and consistent quality service is the foundation of our company. Our supervisors are full-
time employees, not temporary hired guns. They are highly trained so all phases of the project run
smoothly. Our supervisors are directly involved with each account and job inspections to ensure quality.
Although we believe that there is always room for improvement, we strive to recognize our employees
for their good work. This type of supervision helps build operator pride.
SCA/CLEANSTREET knows that street sweeping is an extremely noticeable city service that is best
done properly if you wish to have satisfied residents. With our experience coupled with our approach
assure the various locations that this work will be done extremely well. We can eliminate all complaints.
We believe that our quality street sweeping programs is an excellent value when you consider the cost
and negativity generated by complaints.
Operators
Our first step is to educate our operators as to what is an accepted and the quality of work that is
expected. Our operators are encouraged to take as many passes as are necessary to do a wonderful
job in removing all leafs, paper, dirt, rocks, glass, bottles, cans, and other debris to ensure free flow of
water in the gutter and to maintain streets in a state of cleanliness. In combination with this approach,
the SCA/CLEANSTREET supervisors will conduct unannounced spot checks for quality and quantity
of the work performed.
Our operators are trained to value and care for their equipment. They are knowledgeable about proper
driving speed, adjustment of brooms and the most efficient and effective performance of their
equipment.
Our operators understand the importance of punctuality and the importance of quality work. Our drivers
take pride in our customer's satisfaction.
Repair and Maintenance Crew
SCA/CLEANSTREET has seven full-time mechanics who are expert in the repair and maintenance of
our equipment. Our mechanics are factory trained to help ensure high quality performance of our
equipment. We also have mechanics available around-the-clock to help ensure our ability to meet our
commitments.
SCA/CLEANSTREET knows that one of the keys to customer satisfaction is dependable well-
maintained equipment. Consequently, we feel that the quality of our repairs and maintenance is crucial
to our sweepers.
We have an additional four full-time employees who are mechanics helpers. They change of brooms,
tires, and help keep our sweepers clean.
1 -888 -SWEEPING s%Neepingcorp.com
SCS.
Sweeping Corp of America
WORK PLAN
Dispatchers
The Dispatch and Operations department is the very nerve center of SCA/CLEANSTREET. It is from
our experience that this position is very mission critical where oftentimes operational and sometimes
financial decisions are made.
Our dispatchers make sure that operations run smoothly. When telephone calls are received, our
dispatchers will obtain the necessary information from the caller and provide the appropriate response
by either facilitating an emergency sweep, special sweep, regular sweep, or the handling of a complaint.
This means that they make sure that the right drivers and the right equipment are appropriately matched
to the job and ensure timeliness, safety and accuracy are guaranteed.
Disposal of Refuse and Debris
SCA/CLEANSTREET shall dispose of all refuse and debris that is collected during the sweeping
operations, at no additional cost to the County. We will haul it to a legally established area for the
disposal of solid waste.
Storage facilities
SCA/CLEANSTREET will utilize their own storage facilities for all of the sweepers.
Equipment
SCA/CLEANSTREET equips all of its trucks with global positioning satellite (GPS) system. All of the
real-time data is monitored by SCA/CLEANSTREET dispatchers. This permits SCA/CLEANSTREET
to monitor the drivers speed, time and location.
Our Operations Analyst downloads the GPS reports on a daily basis from the Internet. The real-time
data alerts the managers via e-mail if the brooms are down a half hour or longer or if the sweeper
exceeds its speed limit. If this should happen, there will be communication between either the manager
or the dispatcher to the sweeper's cell phone to ensure proper action is taken.
Our Tymcos hold 250 gallons of water which results in cleaner air and less dust and particulates on the
streets.
Our street cleaning is listed as Best Management Practice BMP in storm water regulations, to get the
debris off the street before it is carried into the drain system.
All street sweepers that SCA/CLEANSTREET will deploy will be Tymco 2009 propane powered street
sweepers compliant with rule 1186.1.
In order to ensure uninterrupted performance, backup will be available at all times.
In case of a mechanical breakdown, backup equipment will be available at all times and will comply
with AQMD Rule 430.
1 -888 -SWEEPING sweepingcorp.com
SCA WORKPLAN
Sweeping Corp of America
Automated Parking Enforcement System
When requested by the Contract Manager, SCA/CLEANSTREET shall permit the placement of a digital
camera system by a County -approved vendor in order for the private vendor to capture information
from vehicles that are parked during the designated street sweeping parking enforcement hours within
the parking lane. SCA/CLEANSTREET shall be prohibited from utilizing any images collected from this
automated enforcement digital camera system (Photo Enforcement System), including license plate
numbers, for any purpose other than establishing appropriate context to support the parking violation.
SCA/CLEANSTREET shall maintain individual privacy, and shall take all steps in ensuring confidential
data is handled in accordance with the Vehicle Code and any established guidelines of the County
approved private vendor.
Routing
Routing will be designed in such a manner that all time zones will be swept timely with ample time for
the operator to do an excellent job. If for some reason the operator is behind or needs help, and
additional sweeper and operator will be supplied to ensure timely completion of routes.
Reports
In order to suit the County, a tailor-made form will be created for each location awarded to
SCA/CLEANSTREET. The following items can be on the report:
• Curb miles and paved alley miles swept each day.
• Schedule curb miles and paved alley miles swept and areas missed.
• When missed areas were swept.
• Number of complaints received each day.
• Reasons schedule sweeping was not performed or completed as scheduled.
• Waste tonnage summary and copies of waste disposal receipts.
1 -888 -SWEEPING sweepingoarp.com
SCS.
Sweeping Corp of America
METHODS AND APPROACH
SCA/CLEANSTREET is the premiere street sweeping contractor in California. With over 47 years of
experience in providing street sweeping services, SCA/CLEANSTREET has demonstrated that it can
deliver the highest quality service.
SCA/CLEANSTREET enjoys the best reputation in the industry because of our proven ability to provide
excellent service with punctuality and dependability.
There are 10 key components that insure that all streets will be swept properly and on time:
Operator Training:
Our street sweeper operator training program lasts two to four weeks. New operators are
evaluated by veteran drivers and the regional driver supervisor. During the Introductory
Period, trainees are evaluated on safety, performance and progress. Drivers in the
training program must pass multiple tests before they are permitted to work alone.
Approximately one out of every three trainees is offered permanent employment.
a. Pre-employment requirements for all trainees include:
1. Clean driving record, verified by current copy of Department of Motor
Vehicles H6 printout
2. No accidents
3. Strong references
4. Pre-employment physical
5. Pre-employment drug testing
2. Operator Retention:
SCA/CLEANSTREET has a large staff of qualified sweeper operators because we have
been successful in retaining employees.
Our company policy is keeping the same operators because they have the detailed
knowledge and experience that will enable them to avoid complaints.
The most common and egregious complaint I hear about other sweeping companies from
their municipal clients is the constant swapping of operators.
We achieve retention through excellent pay and benefits complemented by a family
friendly working environment. We are very proud of our excellent staff.
3. Equipment:
We will provide these skilled operators with new or late -model sweepers that are in excellent
operating condition and appearance.
SCA/CLEANSTREET equips its trucks with Global Positioning Satellite (GPS) systems. All
of the real-time data is monitored by SCA/CLEANSTREET's dispatchers. This permits
SCA/CLEANSTREET to monitor the drivers speed, time, and location and gutter broom
activity.
All equipment used will be in compliance with SCAQMD Rules 1186 and 1186.1 and all
other applicable laws and rules. Back-up equipment is available at all times.
1 -888 -SWEEPING sweepingcorp.com
SCA
Sweeping Corp of America
METHODS AND APPROACH
4. Equipment Maintenance:
A key component of an effective sweeping program is high quality equipment repairs and
maintenance. Broom changes and tire repairing will be performed at
SCA/CLEAN STREET's headquarters located in Gardena. All preventative maintenance
and repairs will be performed in Gardena.
We have a staff of 16 mechanics and helpers who are expert at sweeper repair and
maintenance.
We have a full inventory of parts and supplies readily available. We have all necessary
tools and equipment needed to repair virtually everything on a street sweeper.
5. Back-up Sweepers:
We will have back-up sweepers available at all times. We own and operate a tremendous
fleet of sweepers that gives us depth and strong resources capable of dealing with any
eventuality.
6. Back-up Operators:
We have over 80 full-time sweeper operators working throughout California. We have
many highly qualified operators that could come in and perform well on very short notice.
The size of our staff gives us a tremendous advantage over our smaller, less qualified
competitors.
Supervision:
Supervision is an important component of an intelligent street sweeping program. Rick
Anderson has been with SCA/CLEANSTREET for over 30 years and has helped the
company grow and diversify in new areas.
We are fortunate to have Rick Anderson and his experience, and he will be responsible
for the day-to-day management and supervision of this contract.
8. Complaint Handling:
Our operators are encouraged to take as many passes as necessary to do a great job.
They take great pride in the complete satisfaction of the residents. Consequently, they
receive very few complaints.
We will handle any and all complaints on the day they are received. We believe that
responsiveness is key to establishing public confidence in our ability and integrity.
We also believe that the operator is more highly motivated to do a good job the first time
if he knows he may have to come back again if he doesn't. Our operators take great pride
in not receiving complaints and doing a great job the first time.
Our operators will check in with the designated city person on a daily basis to see if there
are any complaints. If there are complaints, we will go out and re -sweep them
immediately. We will always respond in less than six hours.
1 -888 -SWEEPING sweepingcmp.com
SCA
Sweeping Corp of America
METHODS AND APPROACH
9. Communication/ Emergencies:
All administrative staff will provide the City with cell phone numbers that can be used to
reach us 24 hours a day, seven days per week.
Our sweeper operators will have cell phones for your convenience.
10. Safety Program:
SCA/CLEANSTREET differentiates itself from the competition by having an aggressive
accident prevention program. We reward our operators for accident free driving.
We have regular safety meetings with employees to remind them of the importance of
working accident -free.
Our pro -active emphasis on safety makes SCA/CLEANSTREET a stronger, healthier
company. This is good for our employees, good for our clients and essential to our
containing the tremendous cost of insurance.
1 -888 -SWEEPING sweepingcorp.com
SC 7
Legal Business Name:
Physical/Mailing/Remit to Address:
Federal I.D. Number:
Business Type:
Telephone:
Directors:
SCA of CA, LLC
1937 W 169t1 Street, Gardena, CA 90247
86-1931812
LLC filing as C -corp
(800)225-7316
Matthew Spencer
CEO
Erin Quinn
Secretary
Tony Cincotta
Regional Vice President
How many years has Bidder's organization been in business as a Contractor?
49 years
Under what other or former names has Bidder's organization operated?
CleanStreet, Inc. conversion to CleanStreet, LLC filed January 25, 2021
Has Bidder ever failed to complete any work awarded to it?
No
David V. Padilla Jr., Regional Manager - California
Telephone: (310)436-6510 Email: dpadilla@sweepingcorp.com
Jose Brito, Site Manager
Telephone: (310)538-6986 Email: jbrito@sweepingcorp.com
Alex Farias, Sr. Operations Manager
Telephone: (310)538-6903 Email: afarias@sweepingcorp.com
Cynthia Cruz, Billing Specialist
Telephone: (310)436-6512 Email: ccruz@sweepingcorp.com
I-88S-SNNL'EPIN G sy eepingcorp.com
District
Branch
1 -888 -SWEEPING swmpingcorp.com
ORGANIZATION
SCS'.
Sweeping Corp of
�I
RICK ANDERSON
Director of Business Development/ Supervisor
t,
EMPLOYMENT HISTORY:
CLEANSTREET/SCA OF CA, LLC............................................................ 1989 TO PRESENT
Current Responsibilities:
Resume
• Oversees daily operations.
• Contract management.
• Develops new business.
• Ensures safe operations and promotes proactive culture for safety.
• Monitors and reviews GPS tracking system reports.
• Oversee and supervise the daily maintenance and cleanliness of all vehicles.
• Conducts meetings to discuss daily operations performance, regulatory issues, client
concerns and company policies and procedures.
• Responsible for ensuring compliance of all state and Federal laws and regulations.
Education:
• Bachelors of Science, University of Southern California (USC)
• Jurist Doctorate, Southwestern University School of Law
Professional Skills:
• Bilingual: Spanish and English
Professional and Trade Organizations:
• L.A. and Orange County Chapter— Maintenance Superintendents Association (MSA)
• North American Power Sweeping association (naPSa)
1 -888 -SWEEPING swmping¢orpxom
SCS".
Sweepmg Corp of America
Jose Brito
Branch Manager
EMPLOYMENT HISTORY:
Resume
SWEEPING CORPORATION OF AMERICA .....................................................2022 TO PRESENT
CLEAN HARBORS....................................................................................2014 TO 2022
Responsibilities:
3 —
• Sweeping Operations in Southern and Northern California
• Management of procedures and policy
• Financial planning and management
• Management efficiency and effectiveness
• Public relations
• Responsible for a fleet of over 55 sweepers
• Responsible for maintaining a high level of EH&S standards. (Cal OSHA, FMCSA)
Professional Skills:
• Bilingual: Spanish and English
• Project Management
• Strategic Planning
• Experienced in behavioral based safety program
(800) 225-7316
1937 W. 169th Street Gardena, CA
90247
1 -888 -SWEEPING sweepingcorp.com
SCS.
Sweeping Corp of America
Comparable Projects & References
Public Agency: Ci of Fullerton
Mailing Address: 1580 West Commonwealth Ave., Fullerton, CA 92833
Contact: Jorge Gonzalez Title: Streets Supervisor
Phone: 714.738.5344 1 Email: jorge.gonzalez@cityoffullerton.com
Scope of Work: Municipal Street Sweeping Service Dates: 8/2019 - Current
Public Agency: Ci of Buena Park
Mailing Address: PO Box 398, Buena Park, CA 90621
Contact: Mark Perumean Title: -
Phone: 714.522.3577 Email: mperumean@edcodisposal.com
Scope of Work: Municipal Street Sweeping Service Dates: 6/2008 - Current
Public Agency: Cit of Garden Grove
Mailing Address: 13802 Newho a Street, Garden Grove, CA 92843
Contact: Karissa Yni uez Title: Sr. Program Specialist
Phone: 714.741.5382 Email: karissay@ggcity.org
Scope of Work: Municipal Street Sweeping Service Dates: 7/2006 - Current
Public Agency: Cit of Fontana
Mailing Address: 8353 Sierra Avenue, Fontana, CA 92335
Contact: Tana Hone cuff Title: Environmental Control Supervisor
Phone: 909.350.6772 Email: thoneycuft@_fontana.org
Scope of Work: Municipal Street Sweeping Service Dates: 11/2008 - Current
Public Agency: Ci of Rancho Cucamonga
Mailing Address: 9890 Cherry Ave, Fontana, CA 9335
Contact: Debbie Hansen Title: Municipal Project Manager
Phone: 909.429.4200 Email: debbie@burrtec.com
Scope of Work: Municipal Street Sweeping Service Dates: 9/2016 - Current
Public Agency: Ci of Ontario
Mailing Address: 1425 S. Bonview Ave, Ontario, CA 91761
Contact: Daniel L. Leon Title: Public Works Supervisor
Phone: 909.395.2632 Email: dleon@ontarioca.gov
Scope of Work: Municipal Street Sweeping Service Dates: 12/2003 - Current
1 -888 -SWEEPING sweepingoorp.com
SPA
EQUIPMENT
Our method of operation emphasizes the use of new, late model sweeping equipment.
We own and operate over 100 street sweepers.
All equipment used in the performance of this contract will be compliant with SCAQMD
Rules 1186 and 1186.1.
SCA/CLEANSTREET will utilize the following equipment for the performance of this
contract.
Make & ModelYear
Type
Total
Miles
Remaining
Useful Life
Tymco 600 — CNG
2020
Regenerative Air
18,000
8 years
Tymco 600 - CNG
2019
Regenerative Air
21,000
7 years
Tymco 600 - CNG
2018
Regenerative Air
23,000
6 years
Leased Equipment
Leased equipment is not necessary for SCA/CLEANSTREET. We own and operate our
own street sweepers.
Equipment Requirements
SCA/CLEANSTREET equips its trucks with Global Positioning Satellite (GPS) system.
All of the real-time data is monitored by SCA/CLEANSTREET's dispatchers. This
permits SCA/CLEANSTREET to monitor the driver's speed, brush operation, time and
location.
Down Equipment
We will have back-up sweepers available at all times. We own and operate a
tremendous fleet of sweepers that gives us depth and strong resources capable of
dealing with any eventuality.
1 -888 -SWEEPING sweepingcorp.com
SCS.
Sweeping Corp of America
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
SCA/CLEANSTREET currently utilizes progressive composting in Ontario which screens
the street sweeping materials and then compost the material for 939 diversion credits.
1 -888 -SWEEPING sweepingcorp.com
MAYOR:
SEAN DANG
MAYOR PRO TEM:
STEVEN LV
SANDRA AR MrA
MARGARET CLARK
Pour Low
1. RFP Revisions
City of W9semead
8838 E. VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
ADDENDUM NO. 1
To all prospective Contractors under
Request For Proposal No. 2023-05
The RFP document has been revised as follows:
The Cost Form is hereby revised to reflect the updated total amount of residential and median
street sweeping curb miles, the deletion is shown as strikethrough text and updated information
is in bold red text. The updated cost form is included as Attachment A.
2. Questions and Answers
Question: May we request the Bid Tabulations for the previous time this opportunity was
solicited?
Answer: The bid tabulations are provided below:
RANK
Service Type
Curb Miles
Frequency
Monthly
Annual Cost
Industry; CA
$ 167,910.08
2.
R.F. Dickson and Co. Inc.
Cost
$ 200,757.96
1
Residential and
d -3;E
Weekly
4.
Nationwide Environmental Services
Norwalk, CA
Median Street
147
Sweeping
2
Commercial Street
17
Twice
Sweeping
Weekly
3
Parking Lot Street
2
Weekly
Sweeping
Totals:
2. Questions and Answers
Question: May we request the Bid Tabulations for the previous time this opportunity was
solicited?
Answer: The bid tabulations are provided below:
RANK
CONTRACTOR
LOCATION
ANNUALCOST
1.
Athens Services
Industry; CA
$ 167,910.08
2.
R.F. Dickson and Co. Inc.
Downey, CA
$ 200,757.96
3.
CleanStreet
Gardena, CA
$ 217,417.20
4.
Nationwide Environmental Services
Norwalk, CA
$ 258,359.40
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
May we please be advised of how many tons/yards of debris was collected
during the previous year(s) of this contract?
The total tons/yards of debris collected during the last few years of the contract
are as follows:
2019
Tons
871.6
Yards
2,260
2020
Tons 815.8
Yards 1,983
2021
Tons
863
Yards
2,030
2022
Tons
836
Yards
2,165
Who is responsible for the cost to dispose of the street sweeping materials?
The Contractor is responsible for the cost of disposing street sweeping debris.
Are the 17 commercial miles be swept 2xs a week a total of 34 mile for the
week?
Yes, there are 17 commercial curb miles that are to be swept twice a week for
a total of 34 curb miles a week.
Please confirm residential weekly miles and frequency? Please confirm
commercial weekly mile and frequency?
Answer: There are 147 curb miles of residential and median street sweeping to be
performed once a week. There are 17 curb miles of commercial street sweeping
to be performed twice a week.
Question: Please provide hours each special event and equipment needed.
Answer: The street sweeping services for each event should be performed after the
event. The City will provide a schedule for each of the events prior to their
proposed date. One street sweeper will be needed to perform the services for
special events.
Question: Will contractor be paid additional to city street change that will add additional
miles and/or equipment.
Answer: City initiated changes that add milage or the need for more equipment will be
subject to Section 3.3.4 "Extra Work" of the agreement.
Question: Is there an annual CPI adjustment on year 2 & 3 of the contract?
Answer: The Contractor may propose to include an annual CPI adjustment for the
second and third years of the agreement.
Question: Who is the current contractor?
Answer: The City's current contractor is Arakelian Enterprises, Inc. (Athens Services).
Question: What is the current monthly charge of the current contractor?
Answer: The current monthly invoice is in the amount of $19,088.16
Question: What is the term of the current contract?
Answer: The term of the current contract is set to expire June 30, 2023.
Question: What is the square footage of the area/s to be serviced?
Answer: The City provides the areas to be serviced in curb miles.
Question: Is there additional locations or scope of work added from the previous contract?
Answer: The public parking lots identified in Attachment B were added to the scope of
work.
Question: Will the awarded contractor provide the products/chemicals or consumables
for this project?
Answer: The contractor is responsible for providing all equipment, materials, and
supplies required to perform the contract services.
Question: What is the DAY and TIME cleaning schedule for this project?
Answer: The days and times to perforin the services are identified within Attachment B,
City Street Sweeping Map.
Question: What is the FREQUENCY of cleaning for this project?
Answer: The Street Sweeping frequency is identified within Attachment A, Section 10
of the RFP.
3. Acknowledeement of Addendum No. 1
Each proposer shall acknowledge receipt of this addendum in their submitted proposal. Failure
to provide such acknowledgement shall render the proposal as non-responsive and subject to
rejection.
If you have already submitted a response, this addendum will invalidate your response and you must
submit a new response before the due date specified. Except for the changes noted above, all other
requirements and provisions of the originally issued Request for Proposal shall remain in effect.
Michael Chung, PE
Director of Public Works
Issued April 5, 2023
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO.
KIS oAv!
Bidder's Signature
Attachment A: Cost Form - Revised
SCA of CA, LLC
Company
CITY OF ROSEMEAD
AGREEMENT FOR STREET SWEEPING SERVICES
(SWEEPING CORP OF AMERICA)
PARTIES AND DATE.
This Agreement is made and entered into this day of , 2023 by
and between the City of Rosemead, a municipal corporation of the State of California,
located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and Sweeping
Corporation of America, with its principal place of business at 1937 W. 169th Street,
Gardena, CA 90247 (hereinafter referred to as "Contractor"). City and Contractor are
sometimes individually referred to as 'Party' and collectively as "Parties" in this
Agreement.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing Street Sweeping
services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the Services in the State of California, and that is familiar
with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for Street Sweeping
(`Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Tenn.
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the Owner all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional Street
Sweeping services necessary for the Project ("Services"). The Services are more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023, to June
30, 2026, unless earlier terminated as provided herein. Contractor shall complete the
A-1
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.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and
control. Contractor shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Contractor shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Ben Kim, 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 Contract. Contractor shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.5 Contractor's Representative. Contractor hereby designates Rick
Anderson, Director of Business Development, or his or her designee, to act as its
representative for the performance of this Agreement ("Contractor's Representative").
Contractor's Representative shall have full authority to represent and act on behalf of the
Contractor for all purposes under this Agreement. The Contractor's Representative shall
supervise and direct the Services, using his/her best skill and attention, and shall be
A-2
responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Contractor represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Contractor warrants that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Contractor shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Contractor's failure to comply with the standard of care provided for herein. Any employee
of the Contractor or its sub -contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project
by the Contractor and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Contractor shall be solely responsible for all costs
arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior
to the beginning of and for the direction of this Agreement insurance coverage as
specified in Exhibit D attached to and part of this agreement.
IN
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in
Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not -to -exceed compensation indicated in this Agreement, and in a
form provided or approved by the City. If such bond is required, no payment will be made
to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City in Exhibit "B" attached hereto and incorporated herein by
reference, Contractor shall execute and provide to City concurrently with this Agreement
a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this
Agreement, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any
=
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least
thirty (30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this Agreement
until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement,
the Contractor shall, upon request of the City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase
to the City. To the extent available, the bonds shall further provide that no change or
alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications of the time,
terms, or conditions of payment to the Contractor, will release the surety. If the Contractor
fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California -admitted surety with a current A.M. Best's
rating no less than A:VIII and satisfactory to the City. If a California -admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed Four Hundred Eighty -Four Thousand Four Hundred Sixty
Dollars ($484,460) for the first period (July 1, 2023 — June 30, 2024), total annual
compensation may increase by Consumer Price Index (U.S. Bureau of Labor Statistics —
Los Angeles -Long Beach -Anaheim) with a maximum four (4) percent cap for the 2nd and
3'd periods of the contract term. Additional services shall not be initiated without advance
written approval of City's project manager. Extra Work may be authorized, as described
below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed
A-5
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 16000, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" projects. If the Services are being performed as part
of an applicable "public works" or "maintenance" project, as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully
comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. In
the event the law changes to no longer require the payment of Prevailing Wage Rates,
the parties agree to meet in good faith to renegotiate the cost of the contract to address
any reduced wages being paid to the Contractor's employees.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Contractor shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Agreement. Contractor shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
SCA of CA, LLC
1937 W. 169th Street
Gardena, CA 90247
Attn: Rick Anderson
CITY:
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn: Ben Kim
City 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.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
A-7
from the losing party reasonable attorney's fees and all other costs of such action
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor,
its officials, officers, employees, agents, consultants and contractors arising out of or in
connection with the performance of the Services, the Project or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other
related costs and expenses. Contractor shall defend, at Contractor's own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse
City and its directors, officials, officers, employees, agents and/or volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Contractor include all
personnel, employees, agents, and subcontractors of Contractor, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to 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. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Contractor shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
ME
Plan or other related programs or guidelines currently in effect or hereinafter enacted
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each
of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[signatures on next page]
A-10
CITY OF ROSEMEAD SWEEPING CORP OF AMERICA
0
Ben Kim, City Manager
Attest:
Ericka Hernandez, City Clerk
Approved as to Form:
Rachel Richman, City Attorney
A-11
M
Name:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
in
Title:
EXHIBIT A
SCOPE OF MAINTENANCE SERVICES
[insert scope]
A-12
EXHIBIT B
SCHEDULE OF MAINTENANCE SERVICES
[insert schedule]
ME
EXHIBIT C
COMPENSATION
[insert rates & authorized reimbursable expenses]
C-1
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, 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: 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 $1,000,000 per occurrence, $2,000,000 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 that $1,000,000 combined single limit 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 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.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of Agency, its officers, agents, employees and
volunteers.
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.
Contractor shall obtain and maintain an umbrella or excess liability insurance policy with
limits that will provide bodily injury, personal injury and property damage liability coverage
at least as broad as the primary coverages set forth above, including commercial general
liability, automobile liability, and employer's liability. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for any
D-1
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contractor and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on
behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Requirements not limiting: Requirements of specific coverage features or limits contained
in this Section are not intended as a limitation on coverage, limits or other requirements,
or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the Agency requires and shall be entitled to coverage for the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the
Agency.
Acceptable insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance or
is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved
by the Agency's Risk Manager.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third -party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010. 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.
D-2
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any time
and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any
other agreement and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Contractor or deducted from sums due
Contractor, at City option.
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.
D-3
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.
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.
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 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.
M1
A= Athens Services
May 1, 2023
Ben Kim
City Manager
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Re: Athens Withdrawal of Street Sweeping Services Bid for RFP No. 2023-05
Mr. Kim:
Athens Services has been a proud partner of the City of Rosemead for over a decade, providing exclusive
street sweeping services. We have built long lasting relationships with City staff and members of the
community.
Unfortunately, continuing to provide street sweeping services for the City of Rosemead beyond the term
of current agreement does not align with the strategic direction of our organization. Our desire is to
deepen our relationship with the City, as opposed to maintaining the status quo. As a result, Athens
Services formally withdraws our bid for Street Sweeping Services RFP No. 2023-05.
We stand ready to explore new ways to work with the City, whether it be street sweeping or otherwise.
For example, Athens Services is building a state-of-the-art Materials Recovery Facility in Irwindale that
could support the City.
We look forward to seeing how the City Council and City Staff move forward with street sweeping, solid
waste handling, and flow control in the City. If we can be helpful in any of these endeavors, we will be
available to discuss.
Sincerely,
Steven D. Librenjak
Division Vice President, Athens Services
14048 Valley Blvd, City of Industry, CA 91716
(888) 336-6100