11. Apprvl of PSA w-Joncowest for Citywide Bus Stop Cleaning & Maintenance Srvcs

Item No.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, P.E., DIRECTOR OF PUBLIC

WORKS/CITY ENGINEER

DATE: SEPTEMBER 24, 2024

SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH

JONCOWEST FOR CITYWIDE BUS STOP CLEANING AND

MAINTENANCE SERVICES

EXECUTIVE SUMMARY

The City Council will consider awarding JoncoW est a professional services agreement for citywide bus stop cleaning and maintenance services at 157 bus stop locations. This work includes weekly cleaning of bus shelters, benches, signs and trash receptacles.

Weekly service includes removal of all surface graffiti, stickers, markings, trash and debris from all bus stops. Each month, additional services include the steam cleaning and pressure washing of all bus stop furniture and hardscapes to remove gum, grease, and stains.

RECOMMENDATION

That the City Council:

1. Approve a Professional Services Agreement with JoncoW est in the amount of $90,300 annually for two years commencing October 1, 2024, with an option to renew for three additional one-year periods for citywide bus stop cleaning and maintenance services;

2. Authorize the Mayor to execute the agreement; and

3. Authorize the City Manager to execute all amendments to the agreement.

BACKGROUND

On October 1, 2014, the City of Downey entered into a service contract agreement with Nationwide Environmental Services (NES) in the amount of $97,564 for citywide bus stop cleaning and maintenance services.. The initial term of the contract was three years expiring September 30, 2017. On September 18, 2017, in accordance with the

PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST FOR BUS STOP CLEANING AND

MAINTENANCE SERVICES
SEPTEMBER 24, 2024
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terms of the original agreement, the contract was amended, thereby extending the term for an additional two years. The amended contract expired on September 30, 2019.

Subsequently, on September 24, 2019, the City Council approved a new contract with NES for bus stop cleaning and maintenance services. The initial term of the contract was four years, with an option to extend it for one additional year at the City’s discretion.

On September 29, 2023, the City exercised the option and extended the term of the contract for one year; the current contract expires September 30, 2024.

As part of the agreement, NES provided cleaning services at 157 City and Metro- Shared bus shelters throughout the City which include shelters, benches, signs and trash receptacles. Services include removal of all surface graffiti, stickers, markings, trash and debris from all bus stop areas on a weekly basis and steam cleaning and pressure washing of all bus stop furniture and hardscapes to remove gum, grease and stain once a month.

ANALYSIS

Per the City’s Purchasing Policy, on July 1, 2024, Public Works staff advertised a Request for Proposals (RFP) on PlanetBids. A total of 378 prospective proposers received the notification of the RFP. Of these prospective proposers, 49 firms downloaded the RFP. Proposals were due on August 9, 2024. A total of 11 firms submitted proposals:

Company

City Total Annual Fee
Brett’s Home Services San Juan Capistrano $132,000
City 2 City Cleaning Services Pomona $124,344
Green Clean Pressure Washing Norco $2,761,800
JoncoW est Corona $90,300
MCS Municipal Contract Solutions Redondo Beach $125,000 Nationwide Environmental Services Norwalk $138,516
Parkwood Landscape Maintenance Van Nuys $187,176
Premier Property Preservation West Hills $146,252
SCA of CA, Downey $166,320
Webco LB Downey $228,000
ZNC SERVICES Irvine $222,720

The RFP clearly outlined the City’s desire to seek a qualified service provider with a proven track record of providing quality pressure washing and cleaning maintenance services to municipalities and commercial clients throughout Southern California. As such, the proposals were reviewed and evaluated based on the firm’s relevant experience, expertise, qualifications, staffing levels, understanding of the City’s service

PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST FOR BUS STOP CLEANING AND

MAINTENANCE SERVICES
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needs and expectations, proven performance, completeness of the proposal, references, and cost-effectiveness.

Based on these criteria, a committee made of staff evaluated the proposals and developed the following rankings:

1. JoncoW est

2. Webco

3. Parkwood Landscape Maintenance

4. Nationwide Environmental Services (NES)

5. Premier Property Preservation

6. SCA of CA

7. ZNC Services

8. Green Pressure Washing

9. MCS Municipal

10. Brett’s Home Services

11. City-to-City Cleaning

JoncoW est submitted the most comprehensive and cost-effective proposal; demonstrated a good understanding of the City’s service needs; proposed the most effective scope of services and approach; assembled the most qualified and appropriate staffing levels; and successfully provided satisfactory services to the City of Santa Barbara, City of Pasadena, California Department of Motor Vehicles and California Highway Patrol Inland Empire. In addition to the existing maintenance services at 157 bus stop locations throughout the City, JoncoWest will provide additional cleaning of 72 bus stop locations on major streets that includes pressure washing/steam cleaning on a bi-weekly basis.

JoncoW est is the City’s current janitorial service provider. They have been providing satisfactory janitorial services for the last six months. They have been responsive to staff requests and have actively worked with staff to address issues as they arise. Staff recommends that the City Council approve a services agreement with JoncoWest for the bus stop cleaning and maintenance services.

The agreement's initial term is two years, commencing October 1, 2024, with an option to renew for three additional one-year periods.

The maintenance contract cost for bus stop cleaning and maintenance services at 157 bus stop locations for the remainder of the Fiscal Year (9 months) will be $67,725.

CITY COUNCIL PRIORITIES

Quality of Life, Safety, & Infrastructure

PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST FOR BUS STOP CLEANING AND

MAINTENANCE SERVICES
SEPTEMBER 24, 2024
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FISCAL IMPACT

Approval of the recommended actions will result in an expenditure of $67,725 from the Special Revenue Fund, Bus Bench Operations, Account No. 55-4-6240-0700. There are sufficient operational funds for the recommended actions. Future budgets will be adjusted via the City’s annual budget approval process to correspond with subsequent years expenses associated with this agreement.

ATTACHMENTS

Attachment A: Professional Services Agreement

CITY OF DOWNEY

PROFESSIONAL SERVICES AGREEMENT

WITH JONCOWEST

FOR BUS STOP MAINTENANCE SERVICES

1. PARTIES AND DATE
This Agreement is made and entered into this 24th day of September, 2024 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 1 1 111 Brookshire Avenue, Downey California 90241 ("City") and Joncowest, Inc., a California corporation, with its principal place of business at 268 N.

Lincoln Avenue, Suite 8, Corona, CA 92882 ("Service Provider"). City and Service Provider are sometimes individually referred to as “Party” and collectively as “Parties

2. RECITALS.

2.1 Service Provider.

Service Provider desires to perform and assume responsibility for the provision of certain professional Bus Stop Maintenance services required by City on the terms and conditions set forth in this Agreement. Service Provider represents that it has demonstrated competence and experience in providing bus stop maintenance services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Services.

City desires to engage Service Provider to render such Bus Stop Maintenance services (“Services”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Service Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Bus Stop Maintenance Services. The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from October 1, 2024 to September 30, 2026, unless earlier terminated as provided herein. Service Provider shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of this Agreement may be extended for three 1 additional one-year terms by written amendment to this Agreement signed by the City Manager and the Service Provider.

3.2 Responsibilities of Service Provider.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Service Provider or under its supervision. Service Provider will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Service Provider on an independent contractor basis and not as an employee. Service Provider retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Service Provider shall also not be employees of City and shall at all times be under Service Provider’s exclusive direction and control. Service Provider shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Service Provider shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

In the event that Service Provider or any employee, agent, or subcontractor of Service Provider providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in CaIPERS as an employee of City, Service Provider shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CaIPERS benefits on behalf of Service Provider or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

3.2.2 Schedule of Services. Service Provider shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A'' attached hereto and incorporated herein by reference.

Service Provider represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Service Provider's conformance with the Schedule, City shall respond to Service Provider's submittals in a timely manner. Upon request of City, Service Provider shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The parties acknowledge that the Schedule of Services may be amended by mutual agreement due to changes in circumstances, including changes in the performance schedules of other third parties performing work for the City on the Project, which affect the timing of Service Provider's performance of the Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Service Provider shall be subject to the approval of City.
2 3.2.4 Substitution of Key Personnel. Service Provider has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, Service Provider may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Service Provider cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Service Provider at the request of the City.

3.2.5 City’s Representative. The City hereby designates Matthew Baumgardner, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Service Provider shall not accept direction or orders from any person other than the City’s Representative or his or her designee,

3.2.6 Service Provider’s Representative. Service Provider hereby designates Pattie Patrick, or his or her designee, to act as its representative for the performance of this Agreement (“Service Provider's Representative”). Service Provider’s Representative shall have full authority to represent and act on behalf of the Service Provider for all purposes under this Agreement. The Service Provider’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Service Provider agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Service Providers and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Service Provider shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Service Provider represents and maintains that it is skilled in the professional calling necessary to perform the Services. Service Provider warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Service Provider represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Service Provider shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Service Provider’s failure to comply with the standard of care provided for herein. Any employee of the Service Provider or its sub-Service Providers who is determined by the City to be 3 uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein. shall be promptly removed from the Project by the Service Provider and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Service Provider shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Service Provider and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Service Provider shall be liable for all violations of such laws and regulations in connection with Services. If the Service Provider performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Service Provider shall be solely responsible for all costs arising therefrom. Service Provider shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Service Provider’s violation of such laws, rules and regulations shall also constitute a material breach of this Agreement ,

3.2.10 Insurance

3.2.10.1 Time for Compliance. Service Provider shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Service Provider shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.

3.2.10.2 Minimum Requirements. Service Provider shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Service Provider, its agents, representatives, employees or subcontractors. Service Provider shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CG Ly. Insurance Services Office Form CG 00 01 covering CGL on an “occurrence' basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability-. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Service Provider owns no autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation : Workers’ Compensation 4 insurance as required by the State of California with Statutory Limits; and (4) Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Service Provider shall maintain limits no less than: (1) Commercial General Liability (CG L) : No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation.

Workers’ Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer’s Liability: Employer’s Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer’s Liability coverage may be waived by the City if City receives written verification that Service Provider has no employees.

If the Service Provider maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Service Provider shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Service Provider, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Service Provider’s scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Service Provider’s insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38= and CG 20 37 forms if later revisions are used).
(B) Waiver of Subroqation. Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5 (C) All Coveraqes. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.5 Primary Coverage. For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Service Provider’s insurance and shall not be called upon to contribute with it in any way.

3.2.10.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions.

In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers.

3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Service Provider to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or City.

3.2.10.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, authorized to do business in California, and satisfactory to the City.

3.2.10.9 Verification of Coverage. Service Provider shall furnish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement. However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the Service Provider’s obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.

3.2.10.10 Claims-Made Policies. If any of the policies provide coverage on a claims-made basis:
(A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; 6 (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement;
(C) if coverage is canceled, non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Service Provider must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.

3.2.11 Safety. Service Provider shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Service Provider shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Service Provider shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Eighty Thousand Six Hundred Dollars and 00/100 ($180,600.00) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Service Provider shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Service Provider. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Service Provider shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Service Provider perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of 7 this Agreement. Service Provider shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Service Provider shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement.

All such records shall be clearly identifiable. Service Provider shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Service Provider shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement

3.5 General Provisions.

3.5.1 Termination of Agreement

3.5.1.1 Grounds for Termination. City may, by written notice to Service Provider, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Service Provider of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Service Provider may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice
Upon termination, Service Provider shall be compensated only for those services which have been adequately rendered to City, and Service Provider shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Service Provider for all services adequately rendered and all reimbursable costs incurred by Service Provider up to the date of termination, in accordance with the payment provisions of this Agreement.

The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
•
•
Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; Suspension of the Project or the Service Provider's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause;
8 •Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Service Provider to provide all finished or unfinished Documents and Data and other information of any kind prepared by Service Provider in connection with the performance of Services under this Agreement. Service Provider shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Service Provider:

Joncowest, Inc
268 N. Lincoln Avenue. Suite 8
Corona, CA 92882
Phone: 424-526-6241
Attn: Pattie Patrick, Owner/CEO
City:

City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 904-7296
Attn: Matthew Baumgardner, Director of Public Works/City Engineer
With a courtesy copy to:

City of Downey
City Attorney’s Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to 9 the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Service Provider under this Agreement (“Documents & Data”). Service Provider shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Service Provider represents and warrants that Service Provider has the legal right to license any and all Documents & Data. Service Provider makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Service Provider or provided to Service Provider by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Service Provider in connection with the performance of this Agreement shall be held confidential by Service Provider. Such materials shall not, without the prior written consent of City, be used by Service Provider for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Service Provider which is otherwise known to Service Provider or is generally known, or has become known, to the related industry shall be deemed confidential. Service Provider shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation. 10 3.5.6 Indemnification

3.5.6.1 General Indemnification. Except as provided in subdivision

3.5.6.2 below which is applicable to “design professionals” only, Service Provider shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Service Provider, its officials, officers, employees, agents, Service Providers and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. The Service Provider’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Service Provider and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Service Provider shall defend, at Service Provider's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Service Provider shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Service Provider's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and agents or volunteers. Service Provider shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.

3.5.6.2 Design Professionals. The provisions of this subdivision

3.5.6.2 shall apply only in the event that Service Provider is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Service Provider is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision

3.5.6.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Service Provider shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City’s officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Service Provider, any subService Provider, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Service Provider's performance of any task or service for or on behalf of City under this Agreement. The Service Provider’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Service Provider and/or its personnel are employees of the City, have been misclassified 11 as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Service Provider's cost to defend City and/or City’s officers, officials, employees or volunteers against any such Claim shall not exceed Service Provider's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Service Provider shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Service Provider has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.5.6.2, Service Provider shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Service Provider's negligence, recklessness or willful misconduct.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City’s Right to Employ Other Service Providers. City reserves right to employ other Service Providers in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Service Provider include all personnel, employees, agents, and subcontractors of Service Provider, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various 12 articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Service Provider maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Service Provider, to solicit or secure this Agreement. Further, Service Provider warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom

3.5.19 Equal Opportunity Employment. Service Provider represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Service Provider shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Service Provider certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 13 3.5.21 Authority to Enter Agreement. Service Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.

3.5.23 Effect of Conflict
In the event of any conflict, inconsistency. or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order. or notice to proceed, the provisions of this Agreement will govern and control.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Service Provider shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Service Provider shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. Service Provider shall ensure that City is an additional insured as required in Section 3.2.10.4.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement

CITY OF DOWNEY,
a California municipal corporation
and charter city
JoncoWest, Inc
a California Corporation
By:

Mario Trujillo, Mayor
Attest:

Pattie Patrick. Owner/CEO
Maria Alicia Duarte, CMC
City Clerk
Approved as to Form.

City Attorney
0119. 123859
14 EXHIBIT A

SCOPE OF WORK, SCHEDULE OF SERVICES AND COMPENSATION
15 City of Downey RFP No. 24-007 Request for Proposals for Bus Stop Cleaning Services

REQUEST FOR PROPOSALS FOR

CITY WIDE BUS STOP CLEANING MAINTENANCE SERVICES

I, GENERAI I INFORMATION
The City of Downey (“City”) is soliciting proposals to provide maintenance 'sewices to 157 MTA/Downey Link bus stops located within the City of Downey. Please refer to the attached list of bus stop locations. Some bus stops are shared by two transportation route services MTA and Downey Link bus. The initial term of the contract shall be for a period of two (2) years, tentatively commencing October 1, 2024. The Agreement may be extended by three (3) additional one (1) year terms, upon the mutual consent of both parties and approval by City Manager.

RFP shall be submitted to the City no later than Monday, July 22, 2024 at 5:00 P.M.

Submissions received after this date and time will not be accepted.

Contractors must upload bids to the City of Downey Contractor Regis aation'and Bid Opportunities online portal on PlanetBids on: https://www.downeyca.org/our- city/departments/finance/Contractor-ngistration-open-bids RFP submittals shall be signed by an authorized individual or officer of the Contractor with power to bind the Contractor submitting the RFP.

RFP submittals may be withdrawn by the Contractor submitting the RFP at any time prior to the closing date and time for receipt of RFP.

The City and/or its authorized representative reserve the right to accept or reject any or all submittal s and to waive any irregularity in the RFP. Submitters shall be res$onsible for any and all expenses that may occur in preparing RFPs and presentations.

Fee proposals shall be valid through October 3 1, 2024.

An materials submitted in response to the RFP shall become the property of the City and shall be considered a part of Public Record.

II. SCOPE OF SERVICES
General Scope of Work:

Maintenance service to be provided includes:
157 Bus Stops - include benches, signs and trash receptacle:
• Once a week (weekdays only) - Remove all surface graffiti, stickers, and markings from all bus stop areas. Bus stop areas include all benches, schedule cylinders, signs, trash I

City of Downey RFP No. 24-007 Request for Proposals for Bus Stop Cleaning Services receptacles, sidewalks, and curb areas. Collect all trash/debris found at site, including on bench/floor. All trash collected at the bus stop should be deposited into receptacle at site, if any. If no receptacle at stop or if the trash/debris does not fit into existing container, such trash should be collected and removed, and disposed of at the city maintenance yard located at 12324 Bellflower Blvd. DO NOT EMPTY TRASH RECEPTACLE (serviced by another vendor).

Bus Stops (Refer to List of Bus Stops and Downey Link Stops to be Maintained:
• Once a month (IX weekdays only) - Steam clean/pressure wash all bus stop furniture (trash/bench) and hardscapes, for the removal of gum, grease. and stains.

Bus Stops (Refer to List of Bus Stops and Downey Link Stops to be Maintained:
• Twice a month (2X weekdays only) - Steam clean/pressure wash all bus stop furniture (trash/bench) and hardscapes. for the rernoval of gum, grease, and stains.

The selected service provider shall submit a schedule of services to the City no later than 30 days after award of the contract.

III. REQUEST FOR PROPOSAL (RFP) SUBMITTAL REQUIREMENTS

1. General
The Contractor shall submit an electronic copy of their RFP on PlanetBids as indicated in Section 1 General Information, The electronic copy of the RFP must be in either Adobe PDF or Microsoft Word format. RFPs shall be signed by a company official with power to bind the company and submitted to the City. The Noncollusion Affidavit shall be signed by the company official and submitted to the City. In addition, the Representation and Certification Form shall be signed by the company representative that conduct the site visit and submitted to the City.

The Contractor’s RFP shall be submitted to the City of Downey by no later than Monday1 July 22, 2024 at 5:00 P.M. Submissions received after this date and time will not be accepted.

Faxed, emailed or late RFPs will not be accepted.

2. Job Site
It is the responsibility of the proposer to inspect the bus stop locations to become familiar with the jobsites.

3. Request for Proposal Submittal
The Contractor shall submit an electronic copy of their RFP on PlanetBids to:

City of Downey
2 LIST OF BUS STOPS AND DOWNEY LINK STOPS TO BE MAIMIAINED No.St. Direction On Street At Or Between Cross Stregt Monthly Frequecy N
S
N
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PARAMOUNT

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BROOKSHIRE
IX
IX
IX
IX
IX
IX
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2X
2X
2X
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2X
2X
2X
2X
2X
2X
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2X
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2X
IX
IX
IX
IX
IX
IX
IX
IX
2 Q
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 5 T
52 53
54 55
56 57
58 59
60 61
62 A
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91 92
93 94
95 96
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124
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FIRESTONE / DOLAN
141
142
143
144
145
146
147
148
149
150
151
152
153
2X
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IX
IX
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FIRESTONE / STONEWOOD CENTER
BELLFLOWER / STEWART & GRAY (Downey landing)
WOODRUFF I IMPERIAL (Columbus)

IMPERIAL /DUNROBIN

BELLFLOWER I IMPERIAL IX
IX
IX
IX
IX
IX
IX
IX
FOSTER / PREMIERE (Carpenter school)
FOSTER / VULTEE {Cemetery)

BROOKSHIRE / GARDENDALE

BROOKSHIRE I IMPERIAL

COLUMBIA WAY / SPACE CENTER

BROOKSHIRE / DAVIS
3RD ST I CIVIC CTR DR

NORTHEAST
154
155
156
157
158
159
160
161
162
163
FIRESTONE / PATrON 2X

FIRESTONE / LAKEWOOD

FLORENCE / MATIOCK

FLORENCE I WOODRUFF

TELEGRAPH I LAKEWOOD IX
IX
2X
2X
2X

TELEGRAPH I SERAPIS

LAKEWOOD / TELEGRAPH

LAKEWOOD I GALLATIN

LAKEWOOD / FLORENCE

LAKEWOOD / CHEROKEE

164
3RD / CIVIC CTR DR

SOUTHWEST
CIVIC CTR DR / 3RD
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BROOKSHIRE / DAVIS

GARDENDALE / DOWNEY AV

IMPERIAL HWY / DOWNEY

IMPERIAL HWY / PARAMOUNT
RIVES / IMPERIAL HWY (Apollo Park)

RIVES / QUILL

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LA REINA 1 3rd (Movie Theater)
CIVIC CENTER DR / 3rd
IX
1 65 IX
IX
IX
IX
2X
2X
IX
IX
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
1 84
185
186
187
IX
IX

FLORENCE / WILEY BURKE
BLUFF/ DOS RIOS (Treasure Island)

PARAMOUNT / SUVA

PARAMOUNT / GALLATIN
IX
IX
IX
IX
IX
IX
IX
2X
2X
IX
IX
IX
IX

PARAMOUNT I VISTA DEL ROSA

TELEGRAPH / PARAMOUNT

TELEGRAPH / BIRCHBARK

LAKEWOOD / TELEGRAPH

LAKEWOOD / GALLATIN

BROOKSHIRE I SUVA

FLORENCE / DOWNEY

PARAMOUNT / FLORENCE

PARAMOUNT / FARM

crrY OF DOWNEY
REQUESr FOR PROPOSAL
DATE: JULY 1, 2023
FOR: crrYWIDE BUS STOP CLEANING MAINTENANCE SERVICES
Cost Proposal
Contractor will provide service for all citywide bus stops as noted in the Request for Proposal scope for the list of bus stop locations.

A. Bus Stop Clean Maintenance Service for all 157 stops:

Monthly Cost: $7525.00
Annual Cost: $90,300.00
B. Extra Work:
+ Cleaning service cost, per individual stop (based on scope of service), per occurrence:

Per individual stop, per occurrence: $30'OO
+ Stearn Clean/pressure wash (based on scope):

Per individual stop, per occurrence: $30'OO
A%;za7ASignature e
lP
(..',ompanyNanIe: JONCOWEST
The City reserves the right to modify service level based on change in furnishings/need, or for increased/decreased services or for maintenance of additional bus stops.

Downey City CouncilSeptember 24, 2024

Downey City Council
September 24, 2024