CC SR 20160621 K - CleanStreet Agmt for Citywide Street Sweeping ServicesRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/21/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to approve a maintenance services agreement with
CleanStreet for Citywide street sweeping services.
RECOMMENDED COUNCIL ACTION:
(1) Award a maintenance contract for Citywide street sweeping services for FY16-17
through FY19-20 to CleanStreet;
(2) Authorize the Mayor and City Clerk to execute the agreement with CleanStreet
for street sweeping services;
(3) Approve an additional annual budget appropriation of $35,000 to increase the
frequency of residential street sweeping during the term of the agreement; and,
(4) Assign the administration of the street sweeping services to EDCO Disposal
Corporation (EDCO), as per the City's current contract with EDCO.
FISCAL IMPACT: The total cost of the four-year contract, including regular sweeping
($876,160) and as -needed sweeping ($83,840), is $960,000, for an annual cost of
$219,040 plus $20,960 for budgeting purposes.
Preliminary Budget: $240,000
Additional Appropriation:
Account Number(s): 101-3007-431-43-00 and 202-3003-431-43-00
ORIGINATED BY: Lauren Ramezani, Senior Administrative AnaSst-,i'.V-
REVIEWED
BY: Michael Throne, PE, Director of Public Work
APPROVED BY: Doug Willmore, City Manager.,P
ATTACHED SUPPORTING DOCUMENTS:
A. Schedule of Street Sweeping and Bus Stop/Shelter Cleaning (page A-1)
B. Agreement with CleanStreet (page B-1)
C. CleanStreet's submitted proposal (page C-1)
BACKGROUND AND DISCUSSION:
The City contracts for Citywide street sweeping services on a regular basis, not only for
aesthetic purposes, but as a best management practice for pollution prevention by
reducing sediment, brake dust metals and other debris in the roadway. It also helps the
City stay in compliance with federal Municipal Separate Storm Sewer System (MS4)
permitting requirements. The request for bids for street sweeping services was publicly
advertised, and two sealed bids were received and opened on May 31, 2016. Out of
the two bids received, CleanStreet submitted the apparent low bid. The table below
summarizes the bids received.
1
Additionally, the City asked for a bid alternate (Bid Alternate 1A) to sweep residential
streets twice monthly, instead of the current once monthly. CleanStreet proposed an
incremental cost increase to double the residential street sweeping frequency for an
additional $5,890/month, or $70,680/year. An increase in sweeping frequency improves
street aesthetics, brings the City's sweeping services into alignment with other cities'
residential sweeping frequencies, and further improves stormwater pollution prevention
activities. Staff recommends an increase in the frequency of residential street sweeping
to twice per month. The preliminary budget in this Staff report includes needed funding
for the recommended increased sweeping frequency.
The total cost for the recommended regularly -scheduled sweeps is $219,040 annually
with a four-year contract value of $876,160. However, the fiscal impact includes
additional annual funding of $20,960 for as -needed sweeps due to road -related events
and inclement weather and storms. The recommended total annual budget is $240,000
or a four-year total of $960,000.
The proposed contract is for a period of four years, FY16-17 to FY19-20, with an
extension option of up to three additional years, based on mutual consent. In the
South Bay, CleanStreet provides sweeping services for the cities of Lawndale and
Hawthorne. Staff has performed due diligence and found the firm to have the
quality, experience and capacity to satisfactorily perform the contract. Similar to the
agreement with the existing street sweeping company, Staff recommends assigning the
administration of the street sweeping services to EDCO Disposal Corporation (EDCO)
as per the City's current contract with EDCO. There will be no additional charge for this
contract administration. EDCO administers a similar contract with CleanStreet in
another city.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
Award a contract to the second -lowest bidder.
2. Reject all bids, and direct Public Works to re -advertise the contract.
3. Take other action as deemed appropriate by the City Council.
2
Bid Items
Bid Item 10
Bid Alternate
BID SUMMARY
1-5
"Bus Stop/
Total
1A "Additional
(Annual Cost)
"Street
Shelter
Annual Cost
Monthly
Sweeping"
Cleaning"
Sweep"
CleanStreet
$129,472
$18,888
$148,360
$70,680
Nationwide
Environmental
$150,600
$72,000
$222,600
$96,000
Services
Additionally, the City asked for a bid alternate (Bid Alternate 1A) to sweep residential
streets twice monthly, instead of the current once monthly. CleanStreet proposed an
incremental cost increase to double the residential street sweeping frequency for an
additional $5,890/month, or $70,680/year. An increase in sweeping frequency improves
street aesthetics, brings the City's sweeping services into alignment with other cities'
residential sweeping frequencies, and further improves stormwater pollution prevention
activities. Staff recommends an increase in the frequency of residential street sweeping
to twice per month. The preliminary budget in this Staff report includes needed funding
for the recommended increased sweeping frequency.
The total cost for the recommended regularly -scheduled sweeps is $219,040 annually
with a four-year contract value of $876,160. However, the fiscal impact includes
additional annual funding of $20,960 for as -needed sweeps due to road -related events
and inclement weather and storms. The recommended total annual budget is $240,000
or a four-year total of $960,000.
The proposed contract is for a period of four years, FY16-17 to FY19-20, with an
extension option of up to three additional years, based on mutual consent. In the
South Bay, CleanStreet provides sweeping services for the cities of Lawndale and
Hawthorne. Staff has performed due diligence and found the firm to have the
quality, experience and capacity to satisfactorily perform the contract. Similar to the
agreement with the existing street sweeping company, Staff recommends assigning the
administration of the street sweeping services to EDCO Disposal Corporation (EDCO)
as per the City's current contract with EDCO. There will be no additional charge for this
contract administration. EDCO administers a similar contract with CleanStreet in
another city.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
Award a contract to the second -lowest bidder.
2. Reject all bids, and direct Public Works to re -advertise the contract.
3. Take other action as deemed appropriate by the City Council.
2
Exhibit A
Schedule of Street Sweeping
FY2016/17 to 2019/20
The schedule of sweeping services will be as follows:
• Sweep Residential Streets once/month (12x/yr) CURRENT
• Sweep Residential Streets twice/month (24x/yr) RECOMMENDED
• Sweep Western Avenue once/week (52x/yr)
• Sweep Non -Residential (Arterial) Streets twice/month (24x/yr)
• Sweep City Parking Lots and Scenic Turnouts twice/month (24x/yr)
• Sweep Citywide before Rainy Season (NPDES compliance) once/year (1x/yr)
• Other periodic sweeps for City -sponsored events (Whale of a Day, 4t" of July),
cleanup and brush/debris removal after storms and inclement weather, for large
roadway -related events (i.e. marathons, Tour de Cure), and emergencies
Schedule of Bus Stop/Shelter Cleaning
FY2016/17 to 2019/20
The schedule of bus stop and bus shelter cleaning and servicing will be as follows:
• Clean and Service Bus Stops and Bus Shelters once/week (52x/yr)
A-1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
CLEANSTREET
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
CLEANSTREET
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this day of June, 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and CleanStreet, a California corporation
("Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Parry"
and hereinafter collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement,
Contractor represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Contractor shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Contractor covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards" shall
mean those standards of practice recognized by one or more first-class firms performing similar
work under similar circumstances.
1.2 Contractor's Proposal.
The Scope of Service shall include the Contractor's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Contractor's performance of the services required by this Agreement, and shall indemnify,
defend and hold harmless City, its officers, employees or agents of City, against any such fees,
assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Contractor warrants that Contractor has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Contractor discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Contractor shall immediately inform
the City of such fact and shall not proceed except at Contractor's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Contractor,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Contractor that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Contractor anticipates and that Contractor shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
contractors. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any
other provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation for Fiscal Years 2016-2017
through 2019-2020, including reimbursement for actual expenses, shall not exceed Nine
Hundred and Sixty Thousand Dollars ($960,000) (the "Contract Sum"), unless additional
compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Contractor's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub -category), travel,
materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also
be detailed by such categories. Contractor shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Contractor
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Contractor to be paid within forty-five (45) days of receipt of Contractor's correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City to
Contractor for correction and resubmission. Review and payment by City for any invoice
provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein
or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Contractor's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
«D„
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor ("Principals") are hereby designated as being the
principals and representatives of Contractor authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Contractor without the express written approval of City. Additionally, Contractor shall utilize
only competent personnel to perform services pursuant to this Agreement. Contractor shall make
every reasonable effort to maintain the stability and continuity of Contractor's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Contractor shall not at any time or in any manner represent that Contractor or
any of Contractor's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Contractor, nor any of Contractor's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Public Works, or such person as may be
designated by the City Manager. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Contractor, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Contractor's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Contractor shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise
with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Contractor, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or
any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
e uivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used,
then the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Contractor in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87,) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Contractor's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Contractor's services or the termination of this
Agreement. During this additional 5 -year period, Contractor shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Contractor's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of
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insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure to
comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Contractor performs; products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by
Contractor. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Contractor's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Contractor agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Contractor may be held responsible for the payment of damages to any persons or
property resulting from the Contractor's activities or the activities of any person or persons for
which the Contractor is otherwise responsible nor shall it limit the Contractor's indemnification
liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Contractor is
required to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be
provided to City.
IS
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Contractor is legally liable ("indemnitors"), or arising from Contractor's or
indemnitors' reckless or willful misconduct, or arising from Contractor's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination of this Agreement.
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5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best
Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the Risk Manager of the
City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Contractor's business,
custody of the books and records may be given to City, and access shall be provided by
Contractor's successor in interest. Notwithstanding the above, the Contractor shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
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6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Contractor, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Contractor will be at the
City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties
shall not extend to such use, reuse or assignment. Contractor may retain copies of such
documents for its own use. Contractor shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify
City for all damages resulting therefrom. Moreover, Contractor with respect to any documents
and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Contractor. Contractor shall not release or disclose any
such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors,
shall not, without prior written authorization from the Contract Officer or unless requested by the
City Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered
"voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys fees, caused by or incurred as a result of Contractor's conduct.
(d) Contractor shall promptly notify City should Contractor, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Contractor or be
present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
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provided by Contractor. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Contractor for any work performed
after the date of default. Instead, the City may give notice to Contractor of the default and the
reasons for the default. The notice shall include the timeframe in which Contractor may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Contractor is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Contractor does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Contractor's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor's acts or omissions in performing or failing to perform Contractor's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision or a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Contractor shall not constitute a
waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any
right or remedy by a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Any waiver by either party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Contractor may determine. Upon receipt of any
notice of termination, Contractor shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the
opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable
B-15
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Contractor for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a parry entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Contractor's performance of services under this
Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Contractor, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall
be deemed communicated at the time personally delivered or in seventy-two (72) hours from the
time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
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9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor
is aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Contractor's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
IS
i
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
Carla Morreale, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ken Dyda, Mayor
CONSULTANT:
CLEANSTREET, a California corporation
By:
Name:
Title:
Lo
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2016 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2016 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"
SCOPE OF SERVICES
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in the bid documents for the project entitled STREET SWEEPING
SERVICES FISCAL YEAR 2016/17-2017/18-2018/19-2019/20, including any
documents or exhibits referenced therein, or attached thereto, all of which are
incorporated herein by this reference.
II. Brief description of the work to be performed:
Contractor will provide scheduled and as -needed street sweeping services at designated
locations in the City and will clean bus stops and bus shelters on a scheduled and as -
needed basis. These services will include the following items:
SCHEDULED SWEEPING
Item 1: Sweep residential streets twice per month (24 times/year).
Item 2: Sweep non-residential streets twice per month (24 times/year).
Item 3: Sweep Western Avenue weekly (52 times/year).
Item 4: Sweep parking lots and scenic turnouts twice per month (24 times/year).
Item 5: Perform an NPDES sweep once per year (1 time/year).
ADDITIONAL AND AS -NEEDED SWEEPING
*These services will only be performed following an express order from the Contract Officer,
which may be issued at the sole discretion of the City.
Item 6: Additional sweeping for scheduled location or new location.
Item 7: Emergency sweeping of any location (residential, non-residential, parking lots, scenic
turnouts) — two-hour response time.
Item 8: Extra sweeping of any location (residential, non-residential, parking lots, scenic
turnouts) — one -day response time (next business day).
Item 9: Alternative sweeping for areas of heavy sediment.
SCHEDULED BUS STOP AND BUS SHELTER CLEANING
Item 10: Clean all bus stops and bus shelters listed in Exhibit A-] , weekly (52 times/year).
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ADDITIONAL BUS SHELTER CLEANING
*This service will only be performed following an express order from the Contract Officer,
which may be issued at the sole discretion of the City.
Item 11: Clean all bus shelters listed in Exhibit A-1 an additional one time per month, including
pressure washing the shelter area.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Contractor will keep the City appraised of the status of performance by delivering
the following status reports:
A. Monthly Sweeping Report and Data Access
Contractor shall provide City with monthly reports verifying, to the satisfaction of the
City, that Contractor has completed all scheduled and on-call sweeping services during the
previous month showing the date each street section was swept and any other information City
may require to verify that Contractor has fully complied with the requirement of the Agreement.
The report shall include the following information:
Date and time a street was swept. If a street is swept in segments, the
report may provide the range of time within that date that the entire street
was swept.
2. Comments or notes related to obstacles or issues faced during the drivers'
daily route.
3. Tonnage of waste collected and tonnage recycled. Including the name and
location of facility(s).
Contractor shall provide the City with at minimum two "read-only" log -ins to a GIS or
other mapping system (including training City staff how to access and read the data) showing
details of street sweeping activity in the City in order that City can monitor sweeping activity and
assist residents with information. The information shall include the following:
Date and time a street was swept, posted within 24 hours of the sweeping.
2. If a street is swept in segments, the range of time within the date that the
entire street was swept is acceptable.
Additionally, the City shall have the capacity to export the above data into a common
database format (.xls, .csv, Abf, etc.) at any time. The City shall have the right to a "data dump"
of all data related to the City street sweeping no more than twice per year on request, and within
30 days of the termination of this Agreement.
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B. Monthly Bus Stop/Bus Shelter Report
The Contractor shall report monthly to the Director of Public Works, or his appointed
representative, the tonnage of debris collected and the tonnage of waste recycled from bus stops
and bus shelters. Contractor's monthly reports shall also report whether there is any regular
overflow of trash at any bus stop or bus shelter, and whether there is a need for any trash or
recycling containers to be replaced.
C. Monthly Complaint Log
Contractor shall submit a monthly report or log summary of all complaints received by
Contractor regarding Contractor's services provided under this Agreement, as well as a
description of the steps that Contractor has taken to resolve such complaints and a statement of
whether the complaints have been resolved.
IV. Administration of Agreement By EDCO Disposal Corporation
EDCO is responsible for day-to-day contract administration, overseeing operations, and
customer service. EDCO is authorized by the City to provide direction to Contractor in the
implementation of the Agreement, to the extent such direction is consistent with this Agreement.
During the term of this Agreement, City may reassign responsibility for the administration of the
Agreement to another entity or choose to self-administer the Agreement in its sole discretion.
City may also, in its sole discretion, require that reports, notices, and other communications be
directed to City in addition to or instead of EDCO or any other assignee. Where the Special
Provisions of the bid documents state that a report, notice, or other communication shall be
directed to the City or the Director of Public Works, it shall be understood that City may instead
require that such communication be directed to City's assignee.
V. All work product is subject to review and acceptance by the City, and must be
revised by the Contractor without additional charge to the City until found
satisfactory and accepted by City.
IA
EXHIBIT A-1
LIST OF BUS STOPS AND BUS SHELTERS
Facility ID
Cross Streets
Bus
Shelter
Transit
Type
Automated
Trash Bins
BusStop_BS106
Hawthorne (NE) City Hall
Yes
Metro
Yes
BusStop_BS1
Hawthorne (NB)
No
Metro
No
BusStop_BS2
Hawthorne (NE) Vallon (Salvation Army)
Yes
Both
Yes
BusStop_BS3
Hawthorne (SB) S. West Sal Army
No
Both
No
BusStop_BS4
Hawthorne (SB) Sunset Ridge +Below Via Capri
No
PV
Transit
No
BusStop_BS6
Hawthorne (NE) Dupre (Actually Vallon)
No
Both
No
BusStop_BS8
Hawthorne (SB) (NB) (NE) Dupre (Ryan Park)
Yes
Both
Yes
BusStop_BS10
Hawthorne (NB) (NE) Los Verdes
Yes
Metro
Yes
BusStop_BS14
Hawthorne (NB) Crest (Ralphs
Yes
Metro
Yes
BusStop_BS15
Hawthorne (NB) Ahead Of Country Ln, Across
From Ocean Crest
No
Both
No
BusStop_BS17
Hawthorne (NB) Verde Ridge (North Of Hesse)
No
Both
No
BusStop_BS18
Hawthorne (NB) Seamount
Yes
Metro
No
BusStop_BS19
Hawthorne (NB) Granvia Altamira (Ridgegate
Dr) @7/11
Yes
Metro
Yes
BusStop_BS20
Hawthorne (SB) High Ridge South Bound Before
Chevron
No
PV
Transit
No
BusStop_BS21
Hawthorne (NB) High Ridge (At Chevron)
Yes
Metro
Yes
BusStop_BS23
Hawthorne (NB) Silver Spur (Primier Bank)
Yes
Metro
No
BusStop_BS25
Hawthorne (NB) Elkmont
Yes
PV
Transit
Yes
BusStop_BS26
Hawthorne (SB) Basswood
Yes
Metro
Yes
B-25
BusStop_BS28
Hawthorne (NB) Indian Peak
No
Metro
No
BusStop_BS32
Pv West @ Rue Beaupre
Yes
PV
Transit
No
BusStop_BS46
Western NB Toscanini Dr
No
Metro
No
BusStop_BS47
Western NB Westmont Dr & Delasonde
No
Both
No
BusStop_BS51
Western (SB) Peninsula Verde
No
Both
No
BusStop_BS53
Western (SB) Ave Aprenda
No
Both
No
BusStop_BS54
Western (SB) Westmont Dr & Delasonde
No
Both
No
BusStop_BS55
Western (SB) Toscanini (Courtyards)
No
Both
No
BusStop_BS56
Western (SB) Caddington (Before Terraces)
No
Both
No
BusStop_BS57
Western (SB) Capitol (Trudie Dr)
No
Both
No
BusStop_BS58
Western (SB) Park Western (Next To O'Reilly)
No
Both
No
BusStop_BS59
Western (SB) Crestwood (Chevron)
Yes
Both
No
BusStop_BS62
Pv Dr South (SB) Crestmont Ln (Ahead Of
Terranea Way)
Yes
Both
Yes
BusStop_BS63
Pv Dr South (SB) Seahill
Yes
Both
Yes
BusStop_BS68
Pv Dr South (SB) Schooner (PFBC)
No
PV
Transit
Yes
BusStop_BS69
Pv Dr South (NB) Conqueror
No
PV
Transit
No
BusStop_BS76
Pv Dr South (NB) Terranea
Yes
Metro
Yes
BusStop_BS78
Pv Dr East (NB) Miraleste Dr
Yes
PV
Transit
Yes
BusStop_BS79
Pv Dr East (NB) Crownview Dr (No Bus Sign)
Yes
PV
Transit
Yes
BusStop_BS80
Pv Dr South (NB) Colt Rd
Yes
PV
Transit
No
BusStop_BS81
Pv Dr South (SB) Mustang
No
PV
Transit
No
BusStop_BS86
Miraleste Dr South (NB) @ Via Colinita
No
PV
Transit
No
BusStop_BS107
Hawthorne (NB) Hawkhurst
Yes
Metro
Yes
BusStop_BS109
Pv Dr West (NB) Hawthorne & Via Vincente
No
Both
No
BusStop_BS110
Rue Langlois & Rue De La Pierre
No
PV
Transit
No
BusStop_BS111
Purple Ridge Rd (Eb) Golden Meadow
No
PV
Transit
No
BusStop_BS112
Miraleste Dr (NB) 1 St Street
No
PV
Transit
No
BusStop_BS121
Hawthorne (SB) Doverridge Rd
No
Metro
No
BusStop_BS123
Hawthorne (SB) (SW) Ocean Crest Rd
No
Metro
No
BusStop_BS129
Pv Dr South (NB) Harbor Sight Dr
No
PV
Transit
No
BusStop_BS130
Pv Dr South (SE) Conestoga Dr
No
PV
Transit
No
BusStop_BS132
Crest Road (Marymount College)
No
PV
Transit
No
BusStop_BS131
Hawthorne (SB) Via Vicente (Subway/ Starbuck/
7-11)
No
Both
No
BusStop_BS133
Hawthorne (SB) Blackhorse Rd
No
Metro
No
Note: This list was updated in early 2016. However, there are occasional updates and minor
changes.
B-27
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The first paragraph of Section 2.4, Invoices, is hereby amended to read as follows
(new text is identified in underline, deleted text in strikethrough):
Each month Contractor shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance and/or Director of Public Works. By submitting an invoice for payment under this
Agreement, Contractor is certifying compliance with all provisions of the Agreement. The
invoice shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts.
Sub -contractor charges shall also be detailed by such categories. Contractor shall not invoice
City for any duplicate services performed by more than one person.
II. Section 5.1, Insurance Coverages, is hereby amended to read as follows (new text is
identified in underline, deleted text in strike threugh):
The Contractor shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage, including, without limitation,
blanket contractual liability. The policy of insurance shall be in an amount not less than
$1,000,00 $2,000,000 per occurrence, $4,000,000 general aggregate, and a $2,000,000
completed operations aggregate. Any endorsement restricting standard ISO "insured contract"
language will not be accepted. or- if a general aggr-egate limit is used, the the generaaggfe
l "+c
limit shall be twiee the eeettffenee lin+k.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and
Emplovers' Liabilitv insurance with a limit of no less than $1,000,000 per accident for bodily
(c) Automotive Insurance (Form CA 0001 (Ed 1/87,) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000 $5,000,000. Said policy shall include coverage for owned, non -owned, leased, hired
i
cars and any automobile. Said policy shall also be endorsed to include pollution liability (written
on form CA 99 48 or its equivalent).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
III. The following is hereby added to Section 5.2, General Insurance Requirements:
If the Contractor maintains higher limits than the minimum limits shown above, the City requires
and shall be entitled to coverage for the higher limits maintained by the Contractor.
IV. Section 5.4, Sufficiency of Insurer, is hereby replaced with the following:
5.4 Performance Bond
Concurrently with execution of this Agreement, Contractor shall deliver to the City a
performance bond in the amount of the annual Contract Sum of this Agreement, Two Hundred
and Forty Thousand Dollars ($240,000), in the form provided by the City Clerk, which secures
the faithful performance of this Agreement. The performance bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified
and current copy of his power of attorney. The bond shall be unconditional, shall be renewed
each year, shall remain in force during the entire term of the Agreement, and shall be null and
void only if the Contractor promptly and faithfully performs all terms and conditions of this
Agreement.
V. Section 5.5, Sufficiency of Insurer and Surety, is hereby added as follows:
Insurance and bonds required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
MUSUARE
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
III. The following is hereby added to Section 5.2, General Insurance Requirements:
If the Contractor maintains higher limits than the minimum limits shown above, the City requires
and shall be entitled to coverage for the higher limits maintained by the Contractor.
IV. Section 5.4, Sufficiency of Insurer, is hereby replaced with the following:
5.4 Performance Bond
Concurrently with execution of this Agreement, Contractor shall deliver to the City a
performance bond in the amount of the annual Contract Sum of this Agreement, Two Hundred
and Forty Thousand Dollars ($240,000), in the form provided by the City Clerk, which secures
the faithful performance of this Agreement. The performance bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified
and current copy of his power of attorney. The bond shall be unconditional, shall be renewed
each year, shall remain in force during the entire term of the Agreement, and shall be null and
void only if the Contractor promptly and faithfully performs all terms and conditions of this
Agreement.
V. Section 5.5, Sufficiency of Insurer and Surety, is hereby added as follows:
Insurance and bonds required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.4 may be changed accordingly upon receipt of written notice from the Risk
Manager.
VI. Section 5.6, Substitution of Securities, is hereby added as follows:
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to
an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
VII. Section 5.7, Release of Securities, is hereby added as follows:
City shall release the Performance Bond when the following have occurred:
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement; and
(b) the Work has been accepted by the City.
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks at the following rates. In the event of a
discrepancy between these rates and the rates listed on the bid sheet submitted by the
Contractor, the rates on the bid sheet shall control.
SCHEDULED SWEEPING
ADDITIONAL AND AS -NEEDED SWEEPING
Amt/Month
Amt/Year
4 -Year Total
Item 1— Residential Sweeping
12,820
153,840
615,360
Item 2 — Non -Residential
Sweeping
2,376
28,512
114,048
Item 3 — Western Avenue
225
11,700
46,800
Item 4 — Parking Lots and
Scenic Turnouts
350
4,200
16,800
Item 5 — NPDES Sweep
1,900
7,600
ADDITIONAL AND AS -NEEDED SWEEPING
SCHEDULED BUS STOP/SHELTER CLEANING
*Total cost to clean all bus stops and bus shelters.
Amt/Curb
Mile
Amt/Hour
Item 6 — Additional/New Location Sweep
24
1,574
Item 7 — Extra Sweeping (2 -Hour Response)
75,552
105
Item 8 — Extra Sweeping (Next Business Da)
100
Item 9 — Alternative Sweeping for Heavy
Sediment
45
SCHEDULED BUS STOP/SHELTER CLEANING
*Total cost to clean all bus stops and bus shelters.
B-31
Amt/Month
Amt/Year
4 -Year Total
Item 10 — Weekly Cleaning of
All Bus Stops/Shelters
1,574
18,888
75,552
B-31
ADDITIONAL BUS SHELTER CLEANING
*Total cost to clean all bus shelters an addition time.
II. Payments for additional and/or as -needed services falling within Items 6-9 and 11
will only paid upon presentation of an invoice with an attached written
authorization for the work signed by the Contract Manager, or his designee.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. Administration of Agreement By EDCO Disposal Corporation
City has assigned responsibility for administering the street sweeping contract to EDCO
Disposal Corporation ("EDCO"), City's authorized residential solid waste collector.
Contractor shall submit all invoices and other communications directly to EDCO,
and all invoices will be paid by EDCO.
V. The total compensation for the Services for Fiscal Years 2016-2017 through 2019-
2020 shall not exceed $960,000, as provided in Section 2.1 of this Agreement.
B-32
Amt/Month
Item 11 — Additional Once -Monthly Cleaning
of All Bus Shelters
360
II. Payments for additional and/or as -needed services falling within Items 6-9 and 11
will only paid upon presentation of an invoice with an attached written
authorization for the work signed by the Contract Manager, or his designee.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. Administration of Agreement By EDCO Disposal Corporation
City has assigned responsibility for administering the street sweeping contract to EDCO
Disposal Corporation ("EDCO"), City's authorized residential solid waste collector.
Contractor shall submit all invoices and other communications directly to EDCO,
and all invoices will be paid by EDCO.
V. The total compensation for the Services for Fiscal Years 2016-2017 through 2019-
2020 shall not exceed $960,000, as provided in Section 2.1 of this Agreement.
B-32
EXHIBIT "D"
I. Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this
Agreement shall be July 1, 2016, to June 30, 2020. The term of this Agreement may be
extended up to three addition years by mutual consent of the Parties.
II. Contractor shall perform all work timely in accordance with the following schedule:
A. Scheduled sweeping and cleaning of bus stops and shelters shall be performed at
the frequency specified in Exhibit A of this Agreement, according to a schedule
approved in writing by the Contract Manager.
B. Additional and as -needed services shall be performed according to the schedule
ordered by the City.
III. Contractor shall deliver monthly reports and complaint logs to the City no later than the
fifteenth (15th) day of the month following the subject month of the report or log.
IV. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
B-33
q"�j
Cleaning Your Environment
STREET SWEEPING SERVICES
FOR FISCAL YEARS 2016/17-2017/18-2018/19-2019/20
EXCLUSIVELY FOR
CITY OF RANCHO PALOS VERDES
MAY 31, 2o16
1937 W. 169th Street
Gardena, CA 90247
(800) 225-7316 x108
TABLE OF CONTENTS
SECTION
FORMS.....................................................................................................................1
HISTORY...................................................................................................................2
EXPERIENCE.............................................................................................................3
QUALITYASSURANCE.................................................................................................4
ADDENDUM...............................................................................................................5
LA i8sua er
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
C-2
PROPOSAL CHECKLIST
All of the following items must be included in the Proposal:
x Signed Proposal Certification
x Complete Bid Sheets
x Information- Required of Bidder
x Bidder's Industrial Safety Record
x Bid Security (at least 10% of Total Aggregate Bid Price)
x Bid Bond Form (if Submitting Bid Bond)
x Acknowledgement of Addenda
x Bidder Statistical Information Form
x All Addenda (if Applicable)
0
P-1
C-3
PROPOSAL CERTIFICATION
CITY OF RANCHO PALOS VERDES
STREET SWEEPING SERVICES FISCAL YEAR 2016/17-2017/18-2018/19-2019/20
TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES:
The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any
other person, firm or corporation, and that the only persons or parties interested as principals are
those named herein; (2) bidder has carefully examined the Contract Documents as well as the site
of the proposed work; and (3) bidder has investigated and is satisfied as to the conditions to be
encountered, the character, quality and quantities of work to be performed, and the materials to be
furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive
evidence that such examination and investigation have been made and agrees, in the event this
contract be awarded to bidder, to enter into a contract with the City of Rancho Palos Verdes in a
form substantially similar to the Contract Services Agreement included herein for the stated unit
prices or lump -sum price submitted on the Bid Sheet.
Accompanying this proposal is cash, a certified or cashier's check made out to the City, or a Bid
Bond ("bid security") in the amount of $10% of the total bid amount, which amount is at least ten
percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit
prices quoted on the Bid Sheet.
The undersigned further agrees that if he/she/it is awarded the contract on the basis hereof and
thereafter defaults in executing the required contract, with necessary insurance, bonds, and
documents, within ten (10) calendar days from the date of mailing of written notice of the award,
said bid security shall become the property of the City of Rancho Palos Verdes and this proposal
and the acceptance thereof may be considered null and void. Such time shall be extended for delay
caused by the City.
Legal Business Name: CleanStreet
Address: 1937 W. 169th Street, Gardena, CA 90247
Telephone: 800.225.7316 x108
Contact: Rick Anderson
Fax: 310.538.8015
(Signatures on Following Page)
P-2
M
Bid Date: May 26, 2016
Signature(s) of Bidder (Two notarized officer's signatures and the corporate seal are required for
corporations):
A k- (1�
By: President
Its
By: Secretary
Its
(Seal)
P-3
C-5
BID SHEET
NAME OF COMPANY: CleanStreet
Bidder agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as STREET
SWEEPING SERVICES FISCAL YEAR 2016/17,2017/18,2018/19 and 2019/20 in accordance with the Contract Documents to the
satisfaction of the City at the following prices, which include all costs and will not be increased during the term of the contract:
SCHEDULED SWEEPING
ITEM
NO.
Description of Service Provided
Cost of Service
Annual Cost
Total for Four (4)
Years
1
Sweep Residential Streets once per
$ 6.630.00 /mo.
$83,160.00 /yr.
$332,640.od 4 yrs.
month (12/year)
2
Sweep Non -Residential Streets twice
$ 2.376.00 /mo.
$28,512.00 /yr.
$114,048.od 4 yrs.
per month (24/year)
3
Sweep Western Ave. weekly
$ 225.00 /weekly
$11,7oo.odyr.
$46,800.00 / 4 yrs.
(52/year)
4
Sweep Parking Lots and Scenic
$ 350.00 /mo.
$ 4,2oo.00 /yr.
$16,800.00 / 4 yrs.
Turnouts twice per month (24/year)
5.
Annual NPDES Sweep (I /year)
_
$1,soo.00 /yr.
$7,soo.00 / 4 yrs.
Total:
$12x,472.00/r.
$517,888.od 4 yrs.
TOTAL 4 -YEAR COST FOR ITEM NO. 1-5 IN
WORDS: Five hundred seventeen thousand eight hundred eighty-eight dollars and no cents
P-4
C-6
(Bid Sheet Continued)
ADDITIONAL SWEEPING
ITEM
NO.
Description of Service Provided.
Cost of Service
6.
Additional/New Location sweep per curb mile
$ 24.00 per curb mile
�'
Extra Sweeping (residential non-residential parking lots and
$ 05.00 /hr.
Years
scenic turnouts) — Emergency (two-hour response time)
Bus Stop/Shelter Cleaning —
g'
Extra Sweeping (residential, non-residential, parking lots and
$ 00.00 /hr.
10'
scenic turnouts) — Non -Emergency (the next business day)
$1,574.00 /m0.
9.
Alternative Sweeping for areas of heavy sediment per curb mile
$_45.00 per curb mile
BUS STOP AND BUS SHELTER CLEANING
ITEM
Description of Service Provided
Cost of Service
Annual Cost
Total for Four (4)
NO.
includes pressure washing the shelter area
Years
Bus Stop/Shelter Cleaning —
10'
weekly (52/year)
$1,574.00 /m0.
$18,888.00 /yr.
$ 75,552.00/ 4 yrs.
TOTAL 4 -YEAR COST FOR ITEM NO. 10 IN WORDS: Seventy-five thousand five hundred fifty-two dollars and no cents
ADDITIONAL BUS SHELTER CLEANING
ITEM
NO.
Description of Service Provided
Cost of Service
11
Additional once monthly Bus Shelter Cleaning (-20 shelters) which
$ 360.00 /mo.
includes pressure washing the shelter area
Page P5 -R C-7
Bid Sheet Continued)
ALTERNATIVE "1A"
This is an additional cost to Item No. 1, sweeping of residential streets. The City may consider sweeping the residential streets a total
of twice per month (24 sweeps/year) instead of the current once per month (12 sweeps/year). Alternative "IA" is the additional cost to
increase sweeping by one additional sweep per month.
ITEM
Description of Service
Cost of Service
Annual Cost
Total for Four (4)
No.
Provided
Years
Additional Sweep Residential
Streets once per month. (An
Additional
Additional
Additional
IA.
additional 12/year).
$5,890.00 /mo.
7o,680.00 /yr.
$282,720.od 4 yrs.
TOTAL ANNUAL COST FOR ITEM NO. 1A IN
WORDS: Seventy thousand six hundred eighty dollars and no cents
TOTAL 4 -YEAR COST FOR ITEM NO. 1A IN
WORDS: Two hundred eighty-two thousand seven hundred twenty dollars and no cents
P-6
C-8
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information: (Additional sheets may be attached if
necessary.)
(1) Address: 1937 W. 169th Street, Gardena, CA 90247
(2) Telephone: 800.225.7316 x108 Email: randerson(ab-cleanstreet.com
(3) Type of firm — Individual, Partnership, or Corporation: Corporation
(4) Corporation organized under the laws of the State of: Califomia
(5) List the names and addresses of all members of the firm or names and titles of all officers of the
corporation:
Jere Costello, President, 1937 W. 169th Street, Gardena, CA 90247
Rick Anderson, Secretary, 1937 W. 169th Street, Gardena, CA 90247
(6) Number of years' experience as a contractor in this type of work: 45
(7) List at least three (3) similar projects completed as of recent date:
Contract
Amount Class of Work Date Completed Name, Address of Owner, & Telephone No.
$520,000 City of Buena Park, Rudy Cisneros (714) 562-3703
annually Street Sweeping 2008 - current 8071 Page Street, Buena Park, CA 90622
$180,000 City of Lawndale, Marlene Miyoshi (310) 973-3265
annually Street Sweeping 2005 - current 4722 Manhattan Beach Blvd., Lawndale, CA 90260
$300,000 City of Hawthorne, Rick Carver (310) 970-7955
annually Street Sweeping 1991 - current 4455 W. 126th Street, Hawthorne, CA 90250
$280,000 City of Dana Point, Brad Fowler (949) 337-0512
annually Street Sweeping 1996 - current 33282 Golden Lantern, Dana Point, CA 92629
(8) Name of the person who inspected the site of the proposed work for your firm:
Rick Anderson
(9) List the name and address of each subcontractor who will perform work under the Agreement and
indicate what part of the work will be done by each subcontractor. City reserves the right to
require Contractor to provide a payment bond in the amount of the Contract Sum if
Contractor uses subcontractors to perform any of the work for this Proiect.
N/A
P-7
CR�J
(10) List the name on any entity associated with the bidder who may have a conflict of interest with the
City and provide a detailed explanation of the reasons for such possible conflict. Attach additional
sheets of paper is necessary.
None
(11) Project -Specific Information. The following additional information is required:
(a) [State additional information needed or state "No Additional Information is Required"]
No additional information is required.
P -s
C-10
BIDDER'S INDUSTRIAL SAFETY RECORD
Bidder's Name CleanStreet
The above information was compiled.from the records that are available to me at this time d I declare under penalty of perjury that
the information is true and accurate within the limitations of those records.
Signatu : Signature:
Title: Title: Seer tea y
Date: May 16, 2016 Date: y 26, 2016
P-9 C-11
Current
Year of
2015
2014
2013
2012
2011
Total
Record
Number of contracts
66
66
65
64
65.
63
389
Total dollarar amount of
contracts thousands
16.0 million
16.0 million
15.5 million
15.2 million
15.6 million
15.1 million
93.4 million
of dollars)
Number of fatalities
0
0
0
0
0
0
0
Number of lost workday
0
0
0
1
0
1
2
cases
Number of lost workday
cases involving
permanent transfer to
0
0
0
0
0
0
0
another job or
termination of
employment
The above information was compiled.from the records that are available to me at this time d I declare under penalty of perjury that
the information is true and accurate within the limitations of those records.
Signatu : Signature:
Title: Title: Seer tea y
Date: May 16, 2016 Date: y 26, 2016
P-9 C-11
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has issued an invitation for bids for the
work described as follows as STREET SWEEPING SERVICES FISCAL YEAR 2016/17-2017/18-
2018/19-2019/20; and
WHEREAS CLEANSTREET, INC., 1937 W. 169TH STREET, GARDENA, CA 90247
(Name and address of Bidder)
("Principal"), desires to submit a bid to Public Agency for the work; and
WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a
form of bidder's security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and NORTH AMERICAN SPECIALTY INSURANCE
COMPANY, 475 N. MARTINGALE RD., SUITE 850, SCHAUMBURG, IL 60173 ("Surety"),
(Name and address of Surety)
a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound
unto the Public Agency in the penal sum of TEN PERCENT OF THE TOTAL BID AMOUNT
Dollars ($10% OF THE TOTAL BID AMOUNT), being not less than ten percent (10%) of the total bid price, in
lawful money of the United States of America, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded
a contract for the work by the Public Agency and, within the time and in the manner required by the bidding
specifications, enters into the written form of contract included with bidding specifications, furnishes the
required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and
materials, and furnishes the required insurance coverages, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public
Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives
the provisions of California Civil Code 2845.
P-10
C-12
V
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s) pursuant to authority of its governing body.
Dated: MAY 25, 2016
"Principal" "Surety"
CLEANSTREET. INC NORTH AMERICAN SPECIALTY INSURANCE COMPANY
1937 W. 169TH STREET, GARDENA, CA 90247
By.
is►dQ--
By: - / /f
1
ti
(Seal)
475 N. MARTINGALE RD., SUITE 850, SCHAUMBURG, IL 60173
0
0
W-
TTORNEY-IN-FACT
PAUL BOUCHER, ATTORNEY-IN-FACT
(Seal)
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any
person signing as attorney-in-fact must be attached.
P-11
C-13
CALIFORNIA ALL-PURPOSE. ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity Of the individual who signed the
docume* nt.to which this certificate is attached, and not the truthfulness, accuracy, or validity:Df that document.
State of California
County of LOS..ANG.E.LE.S. ......................
--• ANGELES ..... . .... ..
On ^MAY 25, 2016 ENSHIP,
....... ................. I—.... before me, _MATT PUBLIC
.Date Here Insert Name and Title: of thei:.Offi&er
personally appeared —DE.N.N.I.S.L.ANGE.R.-..-.".,,,
..... .. .. . .. .. ....
Name(s) of Signer(s).
who proved, to me on the basis, of satisfactory -eviderice to: be. the perso-n0.(,.-- :.whose nameo(:, IsAw
:.ecAj
subscribed to the withinInstrurn6nt and acknowledged to, me that he, ,. .X' ted the same In
his/)=)= --X authorized capacity0ft, and that by-hii3/1��.�C-�ig*haturo,:::�t) L'rtei.tistrumentthe *P*erson(x-.,
or the entity upon behalf of which the person(X',, acted, executed the instrument,
j
MATT 3
LANKENSHIP
Commission # 212195
9
Notary Public - California
Los Angeles County
4 Comm Expires Aug 2, 201
I certify under.PENALTY:OF P.ERJUR . Y under er the laws
of the State of California that the foregoing paragraph
Is true and correct.
WI TNE SS.*hiy*h6nd and-official'se'al.
Signature_
111� Signature o0otaty Public
MATT BLANKENSHIP, NOTARY PUBLIC
Place :Notary: Seal Above
—OPTIONAL
Though this section is optional, completing this information can deter alteration 6f the document or
friluddlent. reattachment of this fdrri7 to an unintended document.
Description .of Attached Document
Title or Type. of Document: .5jQBQN,Q. ......... ............. .............. Document Date:
Number of Pages: _. Sigiierfs). Other Tha
Capacity(ie.$) Claimed by Signee(s)
Signer's Name: PNN
E
,, I.S.AANGER .......................
Corporate, Officer — "I" itle($j:
L] Partner —'L-1 limited .7- General
[;:Individual x. i--,Afom6Y in Fact
1-1 Trustee 'D Guardia q n or Conservator
01'0ther:
Signer Is:Representing:,
n Named Above:: NONE.....- ................ --.--
.Signer's Name:,
.."''Corporate:Officer Title(s).
Partner artner Ei Limited LI Oenis.irall
I u
,74ndivid al Yi Attorney in Fact
.[j trustee '--)-GQaedian Or Cbnservato f
.Cj - Other
Sigrior ts Representing:.
02014 National Notary Association 1Www.Natiqna1R019ry,org4 1-800-US.NOTARY(14800-876-6827) item #5907
C-14
CALIFORNIA ALL-PURPOSE.. ACKNOWLEDGMENT CIVIL CODE § 11:89
.•..... :.. ..:. _ '. _ . t. �;ig4r.�'Y'�at��{i,du. - .' -...,s':�'S%��:idc%•B:�!'.i�ak'46�%dCi�'.6.fiG`:[�ile'i3it�'i�iS;SF`.�.'.L��,s�yei
A notary public or otheroiiicer completing this certificate verifies only the identity pfthe individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validifyof that document.
State of California
County of !_OS.ANGELES.............
.On MAY 25, 2016 . „ _. before' me, _MAT f BLANKENSHIP, NOTARY PUBLIC
Date Here .Insert Name and Title of the Officer
personally . appeared PAUL, BOUCHER._.._ .. I ,_ -
Name(s) of Signer(s)
who proved to me on ithe .basis, of satisfactory evidence to be. the person((; Whose nameOC: Is/mo(
subscribed to the within instrument and acknowledged .to. me that he 7ppC ..xeeuted the same in
his/k000 t(X authorized capacity .)M::3nd that by hisli pCXiOCiX-Jignalturej)( �:+n 1r►e instrument the parson(•X.,
or the entity upon behalf of which the person(X acted, executed, the instrument;
MATT BLANKENSHIP
Commission # 2121959
Z Notary Public - California i
Los Angeles County
My Comm. Expires Aug2, 2019
I certify under PENALTY OF PERJURY under the laws
of the .State of 'California that the foregoing paragraph
is true and correct.
WITNES&my hand and official seal:
Signature
_ Signature ofotary Public
MATT BLANKENSHIP, NO ARY PUBLIC
Place Notary: Seal Above
OPTIONAL
Though this section is optional, :completing this information can deter alteration of the document or
fraudulent reattachment of this form *toan unintended document.
Description of Attached Document
Title or Type of Document: .01D BOND_ bocument Date:
Number of Pages: Signer.(%). Other Than Named Above: NONE.-,,.-,.• .........
Gapecity(ies)'C1a.imed by Signers)
Signer's Name: PAU.�.BQUC.HER_.. ...................:...
.:Corporate. Officer — I itle(s): _
G Partner — ZTLimited *[7 General
[.::individual X .-Morney in Fact
Trustee Q Guardian or Conservator
0 Other:
Signer' is Representing: .
Signer's Name:.
Corporate Officer _ Tkle(s):
l Partner = 0 -Limited L. General
E Individual _i Attorney in Fact
CJ Trustee i:} Guardian or Conservator
.C] Other:
Signer Is Representing:. .
. . �z^a .tea
02014 National Notary Association .www:NationalNotary:org i 1 -800 -US NOTARY (1=800-878,6827) item #5907
C-15
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of dArs aeii" SS.
(amOnWlaft 26.2101(6 , before me, 8,4,1,,. , Notary Public,
ATE
personally appeared ,Q,"", 0i.11c4 r f&^1 who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) yrs/are subscribed to the within instrument
and acknowledged to me that lwi'slhey executed the
same in 14sAteo/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
MORAN
COMM. / 2069760 'n
NOTARY PUBLIC -CALIFORNIA N
LOS ANGELES COUNTY -'
MY CoYY. EAP, JUNE 28, 2018`'
PLACE NOTARY SEAL IN ABOVE SPACE
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
INDIVIDUAL
CORPORATE OFFICER
PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTFI'Y(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT
THUMBPRINT
OF
SIGNER
APA 1/2012 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 02005-2008VALLEY-SIER6WIJbNCE
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
PAUL BOUCHER, JANINA MONROE,
TIMOTHY NOONAN and DENNIS LANGER
jointly or severally
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TEN MILLION ($10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24d' of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby
is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
y �
PS0NA4 /N
�``3; •�pRVOi�TSG
G�pPl7J�r.,G
F..
By
SEAL
.1SEAL :0=
Steven P. Andcreo% Preeide rt • CAief Eaeeathns Onleer of Wasitl"Un International Insurance Company
: m
W'. 1673 4 n �
& Senior Vice President of North American Specialty Insurance Company
T�
By
David M. Layman, Senior Via Preddenf of Wask!"a l stesantiopd Insurance Company
& Vice President or North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 20th day of March 20 12.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 20th day of March 20 12 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies. 1
"OFFICLALNAD. SEAL"
DONNA D. SKLENS
Notary Public, State of Illinois
My Corrmission Expires 10/06/2015 Donna D. Sklens, Notary Public
1, James A. Carpenter , the duly elected Assistant Secretary . of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the -seals ofthe Companies this 25th day of May , 20 16
James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company &
North American Specialty Insurance Company
. ACKNOWLEDGMENT OF ADDENDA
Bidder's Name: CIeanStreet
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
1 5/23/16
LT
If there are more Addenda than there is room in the chart above, attach another page.
acknowledging re eini of the Addenda.
Signature: (Lzm.
LT
Title: Secretary
Date: May 26, 2016
P-12
C-18
PROPOSER/BIDDER STATISTICAL INFORMATION FORM
All proposers/bidders responding to the solicitation must complete and submit this form in order for their proposer or bid to be
considered. The information requested in the form will be used solely for statistical purposes. The contract(s) and/or subcontract(s)
will be awarded without regard to gender, race, color, creed, or national origin.
1. Type of business entity: ❑ Sole partnership ❑ Nonprofit organization
❑ Partnership ❑ Franchise
® Corporation ❑ Limited liability Corporation
❑ Other:
2. Total number of employees in firm/organization, including owners: 169
3. Breakdown the total number of employees in your firm/organization into the following categories:
Owners, Partners, and
Associate Partners
Race/Ethnicity Male Female Managers Staff
Black / African-American
Hispanic / Latino
Asian -American / Pacific Islander
American Indian/Alaska Native .
Filipino American
White 1
Other
2 143
4 13
4. Indicate, by percentage, how ownership of the firm/organization is distributed:
Asian- American
Black/ American / Indian /
African- Hispanic / Pacific Alaskan Filipino -
American Latino Islander Native American White Other
Men 100%
Women
S. If your firm is currently certified as a Minority (MBE), Women (WBE), Disadvantaged (DBE), and/or Disabled Veteran (DVBE)
Business Enterprise by a public agency, indicate the Business Enterprise certification of your firm, the certifying agency, and the
expiration date of the certification:
MBE WBE DBE DVBE Name of Certifying Agency Expiration Date
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ El
P-13
C-19
HISTORY
CleanStreet has its headquarters in Gardena, California. CleanStreet was formerly
known as California Street Maintenance and South Bay Sweeping.
Company founder and CEO Jere Costello began sweeping shopping centers in 1961.
In 1969 with the help of George Graziadio and Imperial Bank, Jere purchased his first
revolutionary and dependable Tymco Air Sweeper.
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 will always be grateful to City Manager Harry
Peacock for giving us that opportunity.
In 1978 Proposition 13 passed. All of sudden more cities became interested in saving
money. Often potential municipal clients would say "of course we would like to contract
for street sweeping services and save money, but how do we know you will do a good
job? We have had some bad experiences with irresponsible and non-responsive
contractors."
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 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.
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.
C1ssu1-d A-1 Eun1--r
LA 169U2eL66r
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
C-20
EXPERIENCE
Street Sweeping
CleanStreet began providing street sweeping services to the city of Rolling Hills Estates
in 1973. In 1975 CleanStreet began sweeping the city of Manhattan Beach.
Manhattan Beach has a time posted street sweeping schedule, steep and narrow
streets and alleys, tremendous traffic congestion, demanding residents and from time to
time, large quantities of windblown sand. These difficult conditions presented an ideal
opportunity to develop our expertise and methods.
CleanStreet grew very slowly but as we grew, we developed our expertise on a wide
variety of issues encountered in a multitude of cities.
We developed training procedures
We developed the protocol for supervision and quality control
We mastered street sweeper maintenance and repairs
We developed tremendous resources
As word spread of our expertise, dependability and the courtesy of our staff,
municipalities with demanding residents and difficult sweeping circumstances sought to
contract with CleanStreet.
Today, CleanStreet is expert at all facets of municipal street sweeping. We proudly and
successfully serve over 50 of the most discriminating municipalities in California. We
are particularly well qualified to provide cities with high-quality street sweeping services.
CleanStreet is the premier provider of high-quality street sweeping service with an
unparalleled reputation for quality, dependability and courtesy.
Pressure Washing
CleanStreet has been providing pressure washing services for over a decade. These
years of successful work have given us an experienced management team and a
tremendous body of knowledge and expertise.
Water that can be heated to 180 degrees is used 98% of our services. Most people
know that Hot water cleans items better than Cold. Hot water will kill most bacteria,
mold and algae. Cold water cannot kill these germs. By using Hot water, it allows us
INANClssu'-d A 1 Eun1--r
LA 169U2eL66r
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
C-21
EXPERIENCE
to actually use less water and cleaning agents on our jobs, while removing gum.
Our primary objective in servicing all of our pressure washing clients is to increase the
curb appeal by utilizing a 3,000 psi, 180° Fahrenheit pressure washer in removing gum,
dirt, mildew, human/animal waste and spillage from heavy traffic. CleanStreet knows
how to remove the toughest stains by using professional grade, environmentally friendly
products and waste water recovery systems that keep our clients and us in compliance
with all Federal, State, Regional and City storm water and noise regulations.
Over the past several years, CleanStreet has established and perfected methods for
achieving and maintaining these goals. We have found that if we adhere to this proven
methodology, we can provide high-quality service and at the same time virtually
eliminate complaints and leave your staff free to deal with other matters. This is the key
to our success.
The following is a list of the most important components of our methodology:
Operator's Power Washer Training
Operator and the General Public's Safety
Power Washer Operator Instructions
Permanent Power Washer Operator Assignment
Consistent Supervision
Consistent Schedule
Proper Retrieval & Disposal of Grey Water
Quality Control
Bus Stop Maintenance
CleanStreet has provided bus stop maintenance to many clients over the past decades,
one of our most recent contracts being for the North County Transit District.
CleanStreet knows to wash the entire shelter structure, including interior and exterior of
all glass, all ledges, railings, benches, roofs, rafters, corners, brackets and signs. All
structural members are left free of all spills, stains, debris, dirt, dust, etc.
All trash containers are thoroughly cleaned, trash liners are changed, and debris is
collected. The City can receive AB939 recycling and composting credit.
CleanStreet has experience removing all graffiti from all parts of the shelter, signs and
slab. Any graffiti that cannot be removed with graffiti remover is painted out to match
IMANC1ssu1-d A-1 Eun1--r
LA 169U2eL66r
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
C-22
EXPERIENCE
the color of the shelter member. The graffiti removal does not stain, or in any way
damage surfaces.
CleanStreet inspects the shelters for any damage including loose bolts, broken glass,
loose benches, damaged signs, or any loose or missing components of the shelter. We
report any damage found during inspection right away.
rAMClssuEun1--r
LA 169U2eL66r
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
C-23
QUALITY ASSURANCE
01 r
CleanStreet has established a fine reputation for providing the highest quality cleaning
services in the industry. We feel our attitude toward quality is the key to our success. It is
far easier on everyone involved for the sweepers/pressure washer operators to do a good
job the first time, rather than receive a complaint and have to return and clean again later.
Our operators are encouraged to take as many passes as are necessary to do a great job.
They take great pride in the complete satisfaction of the residents. Consequently, they
receive very few complaints.
The quality of our services is the basis of our establishing long term relationship with our
clients. We are confident that we can do an excellent job for the City. We would
accomplish this by following these guidelines:
Skilled Operators
We will sweep/clean your City utilizing operators that have been properly trained and
that have years of experience sweeping municipalities.
Quality Equipment
We will provide these skilled operators with new model equipment that is in excellent
operating condition and appearance.
CleanStreet equips its trucks with Global Positioning Satellite (GPS) system. All of the
real-time data is monitored by CleanStreet's dispatchers. This permits CleanStreet to
monitor the driver's speed, time and location.
All equipment used will be in compliance with SCAQMD Rules 1186 and 1186.1 and all
other applicable laws and rules.
Standards of Quality
We will make it clear to our operators that we will expect completely clean streets,
regardless of the number of passes the sweeper must take to accomplish this.
We will expect our employees to take pride in their equipment, their work, and the
community.
Supervision
We will assign your City to a regular supervisor. The supervisor will visit the City on a daily
basis during the first weeks of our operations. Once timings are set, the supervisor will
visit the City at least once per week on monthly basis.
13Cls9uiu8 AOnL Eun!UOUWsur
clefluonser
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
C-24
QUALITY ASSURANCE
P 4
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 6 hours.
Our attitude toward quality and this level of service makes the whole sweeping program
run smoothly.
Communications
We have cellular phone contact with our operators at all times.
Emergencies
We will provide the City with a 24-hour hotline number to handle all emergencies.
Back Up Equipment
We will always have back-up equipment available to us at all times.
Toll Free line
We will provide a toll free number to your City to receive field staff reports, complaints,
emergencies or requests for extra work.
Monthly Meetinq and Report
At least one time per month and more often if necessary, there will be a meeting between
representatives of CleanStreet and your City to assess performance and to seek ways to
improve service. We will provide true monthly reports.
13cls9uiu8 AOnL Eun!UOUWsur
clefluonser
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
C-25
ADDENDUM NO. 1
Street Sweeping Services FY 2016/17 to 2019/20
FOR THE CITY OF RANCHO PALOS VERDES
In accordance with"Addenda" section of the "Instructions to Bidders" on page 5 of the Contract
Documents, the following changes (revisions, additions, and/or deletions) are hereby
incorporated and made a part of the subject plans, specifications and contract documents for
this project. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED
BELOW. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION.
This Addendum forms a part of the Contract Documents for the above -identified project and
modifies the original specifications and Contract Documents, as noted below. Portions of the
Contract Documents,. not specifically mentioned in the Addendum, remain in force. All trades
affected shall be fully advised of these changes, deletions, and additions.
This addendum included additions, deletions and changes to the contract documents as
follows:
1. Page S-13, Item 23. Monthly Reports. Delete Paragraph in its entirety. Replace with the
following new Section 23R. Monthly Reports and Data Access, as stated below:
23R. MONTHLY REPORTS AND DATA ACCESS
1. Contractor shall provide City with monthly reports verifying, to the
satisfaction of the City, that Contractor has completed all scheduled and on-
call sweeping services during the previous month showing the date each street
section was swept and any other information City may require to verify that
Contractor has fully complied with the requirement of the Agreement. The
report shall include the following information:
Date and time a street was swept. If a street is swept in segments,
the report may provide the range of time within that date that the
entire street was swept.
Comments or notes related to obstacles or issues faced during the
drivers' daily route.
Tonnage of waste collected and tonnage recycled. Including the
name and location of facility(s).
2. Contractor shall provide the City with at minimum 2 "read-only" log-in's to a
GIS or other mapping system (including training staff) showing details of street
sweeping activity in the City in order that City can monitor sweeping activity and
assist residents with information. The information shall include the following:
Date and time a street was swept, posted within 24 hours of the
sweeping. If a street is swept in segments, the range of time within the
date that the entire street was swept is acceptable.
Addendum No. 1 (Street Sweeping Services FY 2016/17-20/19/20)
Page 1
C-26
3. Additionally, the City shall have the capacity to export the above data into a
common database format (.xls, .csv, AV, etc) at any time. The City shall have
the right to a "data dump" of all data related to the City of RPV street sweeping
no more than twice per year on request, and within 30 days of the termination
of this agreement. Details to be worked out between the City and the
Contractor prior to start of contract.
2. Page S-14, Item 26. Bus Stop and Shelter Cleaning. Delete Item 26.6.4.
3. Remove Proposal Page P-5 (Bid Sheet Continues). Replace with the attached new Proposal
Page P5 -R (Bid Sheet Continues) which includes New Bid Item No. 11, Additional Bus Shelter
Cleaning.
4. Exhibit "B", Page B-2 Sample Agreement, Item IV. 5.4 Performance Bond. Delete Section 5.4
and replace with new Section 5AR, as stated below.
5AR Performance Bond
Concurrently with execution of this Agreement Contractor shall deliver to the City a
performance bond in the amount of the annual Contract Sum of this Agreement, in the
form provided by the City Clerk, which secures the faithful performance of this
Agreement. The performance bond shall contain the original notarized signature of an
authorized officer of the surety and affixed thereto shall be a certified and current copy of
his power of attorney. The bond shall be unconditional, renewed and remain in force
each year during the entire term of the Agreement and shall be null and void only if the
Contractor promptly and faithfully performs all terms and conditions of this Agreement.
Additional Information:
The City has included in this Addenda an Index to Changes Made for Addendum 1, which
is include herewith as a convenience for prospective bidders. It is not part of the. Contract
Documents.
End of Addendum No. 1.
iltA 23 '1.{a!
Michael Throne Date
Director of Public Works
I acknowledge receipt of this Addendum No. 1 and accept the aforementioned.
Addendum No. 1 (Street Sweeping Services FY 2016/17-20/19/20)
Page 2
C-27
(Bid Sheet Continued)
ADDITIONAL SWEEPING
ITEM
NO.
Description of Service Provided
Cost of Service
6.
Additional/New Location sweep per curb mile
$ per curb mile
�'
Extra Sweeping (residential, non-residential, parking lots and
$'
Years
scenic turnouts) — Emergency (two-hour response time)
Bus Stop/Shelter Cleaning —
8
Extra Sweeping (residential, non-residential, parking lots and
$ /hr
10.
scenic turnouts) — Non -Emergency (the next business day)
$ /Mo.
9.
Alternative Sweeping for areas of heavy sediment per curb mile
$ per curb mile
BUS STOP AND BUS SHELTER CLEANING
ITEM
Description of Service Provided
Cost of Service
Annual Cost
Total for Four (4)
NO.
Additional once monthly Bus Shelter Cleaning (-20 shelters) which
Years
includes pressure washing the shelter area
Bus Stop/Shelter Cleaning —
10.
weekly (52/year)
$ /Mo.
$ ----!Yr.
$ / 4 yrs.
TOTAL 4 -YEAR COST FOR ITEM NO. 10 IN WORDS:
ADDITIONAL BUS SHELTER CLEANING
ITEM
Description of Service Provided
Cost of Service
NO.
Additional once monthly Bus Shelter Cleaning (-20 shelters) which
11.
includes pressure washing the shelter area
$ /mo.
Paye P5 -R C-28