1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Carla Dillon, P.E., Public Works Director/City Engineer MEETING DATE: February 21, 2023
SUBJECT: Professional Services Agreement with Athens Services, Inc. to Provide Street Sweeping Services
RECOMMENDATION
1) Award an Agreement for street sweeping services to Athens Services, Inc. for an amount not to exceed $162,000 per year for routine sweeping services for a seven (7) year term and allowing for increases based on a formula related to CPI; and 2) Appropriate $15,000 to account 205-610-5346 for Fiscal Year 2022-23 to cover the additional costs; and 3) Authorize the City Manager and City Clerk to execute the Agreement.
BACKGROUND
The City utilizes contract street sweeping services to perform removal of debris from city streets to improve cleanliness and to comply with stormwater regulations. These services were previously provided by RF Dickson Sweeping, but in recent years RF Dickson was purchased by SCA of CA, LLC (Sweeping Corporation of America) who is the City’s current service provider. The City has extended its agreement with SCA to allow time for a bid process to occur and that current extension is set to expire on March 31, 2023.
In August 2022, city staff issued a request for proposals for street sweeping services based upon amended route maps with new days and times for sweeping throughout the City. Two proposals were received on August 24, 2022 from the following companies:
1. Arakelian Enterprises, Inc., dba Athens Services
2. SCA of CA, LLC (Sweeping Corporation of America)
Staff reviewed the proposals by evaluating each company’s experience, credentials, proposal, and total costs for the expected needs of the City. After thorough review, staff is recommending the City pursue an agreement with Athens Services, which offered the Item No. 7k
CITY OF LOMITA
CITY COUNCIL REPORT
2 services best aligned with the needs of the City. In addition to routine sweeping services, the proposal allows for special event services such as additional cleaning following events, sweeping after a major wind event, or sweeping of sidewalks as requested.
Athens Services provides or has provided these services to many local agencies including Monrovia, Temple City, and Hermosa Beach. In addition, Athens Services also provides solid waste collection services within Lomita. While the city is currently finalizing details of potential amendments to the City’s Solid Waste Franchise Agreement with Athens necessitated by new regulations set by the State related to SB1383, it is beneficial for the city to ensure that sweeping services are continued without interruption at the conclusion of the existing agreement. To that end, Athens has agreed to take over sweeping services citywide using the existing routes and services beginning April 1st, 2023, with an understanding that amendments may be necessary or mutually beneficial in the future to allow for amended routes, consolidation of services and other changes as may be desired.
FISCAL IMPACT
Total annual costs under the agreement are expected to be approximately $147,000 for routine sweeping services during the first year. The annual costs may increase as there is an escalation clause in the agreement. Funds for these services are included in the FY22-23 budget in the Street Sweeping Contract Account 205-610-5346.000 and Contractual Services, 235-350-5345. It is anticipated that expenses for the fiscal will exceed the budget and the recommended action includes appropriating $15,000 to account 205-610-5346. This agreement has been structured to provide for an annual consumer price index increase.
OPTIONS:
1. Approve the recommendations.
2. Provide alternative direction.
ATTACHMENT:
1. Professional Services Agreement
3 Reviewed by: Approved by:
___________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_________________________
Carla Dillon, P.E.
Public Works Director/City Engineer
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND ARAKELIAN ENTERPRISES, INC., ATHENS SERVICES, INC.
This AGREEMENT for Street Sweeping Services is entered into this 21 st day of
February 2023, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and Athens Services, Inc. (“CONTRACTOR”).
R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out for Street Sweeping Services.
C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not to exceed the rates provided on an as-needed basis for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement. Rates as of agreement are included in Exhibit B.
i. The total sum to be expended under this Agreement will not exceed $162,000 in any single year of this Agreement.
Attachment No. 1
ii. Escalation. This contract will be amended annually on April 1 st
,
beginning April 1, 2024, to adjust prices for inflation. If the Consumer Price Index (“CPI”) for February is greater than the CPI last published for February of the previous year, then the monthly contract amount shall be increased in the same proportion that the CPI in February bears to the CPI last published in February of the previous year.
Provided that, if, on March 1, the CPI last published for February is less than the CPI last published for February of the previous year, then no adjustment shall be made in the monthly contract amount, whether or not such monthly contract amount was increased the prior year. For the purposes of the escalation factor, the Consumer Price Index used shall be that published by the U. S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index (“CPI”) for all urban consumers in the Los Angeles-Long Beach-Anaheim statistical area. City of Lomita will continue to pay the monthly contract amount previously in effect until the increase, if any, is determined. Thereafter, the monthly contract amount will be paid at the increased rate until the next adjustment date. In the event the compilation or publication of the CPI is transferred to any other governmental department or bureau or agency or is discontinued, the index most nearly the same as the CPI will be used to make such calculations. The maximum increase in any contract year may not exceed 5.0%. Such increase in rates must be approved in writing by the City Manager, and shall not be applied to the extend such escalation would cause the total sum expended under this Agreement for basic services to exceed $162,000 in any single year of this Agreement.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in the CONTRACTOR'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence on April 1, 2023 and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is Randon Lane. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on March 31, 2030, unless earlier termination occurs under Section 13 of this Agreement, or extended in writing in advance by both parties. The City, at its complete discretion, may extend this Agreement for up to three (3) one-year extensions by providing written notice to contractor at least thirty (30) days prior to the expiration of the Agreement.
8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No.
CAS004004 and shall provide documentation to that effect.
9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.
CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause
13. PREVAILING WAGE.
A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.
Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.
CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the
submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.
CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.
C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.
CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.
14. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
15. INDEMNIFICATION.
A. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.
CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.
CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is
not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
18. AUDIT OF RECORDS.
A. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.
20. INSURANCE REQUIREMENTS.
A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.
2. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with
a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits
of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.
C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONTRACTOR shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages
incurred by CITY due to the breach.
21. USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.
22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONTRACTOR, its employees, sub-Contractors and agents.
23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONTRACTOR. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.
24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
Athens Services
14048 Valley Blvd.
City of Industry, CA 91746
ATTN: City Manager ATTN: Randon Lane
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.
28. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
31. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
32. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
33. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
35. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to
CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONTRACTOR
Ryan Smoot, City Manager By: TITLE
ATTEST:
Kathleen Horn Gregory, City
Clerk
Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
REQUEST FOR PROPOSALS
FOR STREET SWEEPING SERVICES
Issued By:
City of Lomita
24300 Narbonne Ave
Lomita, CA 90717
Release Date: July 21, 2022
Pre-Proposal Meeting: July 29, 2022
Deadline for Submission: August 17, 2022, 5:00 p.m.
CITY OF LOMITA
REQUEST FOR PROPOSALS
The City of Lomita is seeking written proposals for Street Sweeping Services as specified in Exhibit A: Scope of Services for a period of seven (7) years, with the option, at the City’s sole discretion, to extend for up to three (3) additional years upon successful demonstration of exemplary contract performance. The services and tasks to be performed include the furnishing of all labor, materials, tools, equipment, supplies, tasks and incidental and customary work necessary to competently perform street sweeping services at various City of Lomita (hereinafter referred to as "City") locations.
This request for proposals (RFP) describes the minimum information that must be included in the proposal and the required scope of services as Exhibit A.
GENERAL INFORMATION
Proposal packages should include one (1) electronic version of the proposal on CD, flash drive, or by email. A hard copy may also be mailed or hand delivered during business hours. Contractor’s cost proposals shall be submitted in a separate sealed envelope with the proposal. Each proposal must be submitted in a sealed envelope and clearly marked with the Contractor's name, address and phone number:
“PROPOSAL FOR STREET SWEEPING SERVICES”
If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If one document is not clearly marked “ORIGINAL", the City reserves the right to use any of the proposals as the Original. If no document can be identified as original bearing original signatures, Proposer's proposal may be rejected at the discretion of the City.
Proposals are to be submitted to the City on or before August 17, 2022 at 5:00 p.m.
Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to:
City of Lomita, City Clerk’s Office
Attn: Carla Dillon
24300 Narbonne Avenue
Lomita, CA 90717
[email protected]
Proposals will not be opened at the deadline to submit date, but will be submitted to the Public Works Department for verification and compliance with specifications and subsequent recommendation to City Council for award of a contract or rejection of the responses, as deemed appropriate.
A schedule of key dates follows:
ACTION ITEM DATE(S)
Issue Request for Proposals July 21, 2022
Pre-Proposal Meeting July 29, 2022
Last Date for Questions August 3, 2022
Latest Response Date from City on Questions August 9, 2022 Proposals Due August 17, 2022
Conduct Interviews (optional) August 22-23, 2022
Recommend Firm Selection to the City Council September 6, 2022 Complete and Execute Agreement September 14, 2022
Notice to Proceed September 29, 2022
It is the intent of the City to award a Professional Services Agreement (template attached as Exhibit D) in a form approved by the City Attorney, to the selected Contractor. The City reserves the right to further negotiate the terms and conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with the RFP requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This Agreement may not be awarded to the lowest respondent and the City may award two or more Agreements to different Contractors to ensure the City gets the best quality, and most comprehensive work at a reasonable price. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the City.
PROPOSAL CONTENT
All printed proposals shall be submitted as a bound document on standard 8.5” by 11” paper and page numbers on all pages. The proposal documents included in this RFP shall be completed by the company and submitted in the following order:
i. Cover Letter: Provide a one-page cover letter, which includes the firm name, name, address, and telephone number of the person(s) to be used for contact who will be authorized to make presentations for the firm. The cover letter must bear the signature of the person authorized to sign on behalf of the bidder and to bind the applicant in a contract. The cover letter will include a statement offering the proposer's acceptance of all conditions listed in the "Request for Proposals" document. Any exception on the Contractor's behalf must be stated in the proposal cover letter.
ii. Table of Contents: A comprehensive table of contents of the material, including page numbers, should be included in the beginning of the proposal. iii. Completed Forms as follows, with accompanying documents:
a. Proposer’s Statement of Qualifications Form
b. Cost Proposal Form
iv. Other requested information:
a. Financial Statement. The most current and available presentation of the true condition of the Contractor’s assets, liabilities and net worth. This report should include a balance sheet and income statement. If the Contractor is a new partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. If Contractor is a publicly held corporation, the most current annual report should be submitted.
b. Corporate Structure/Organization. Describe how Contractor is organized, noting major divisions and any parent/holding companies. Provide the proposed organization structure under which the Contractor will provide the requested services to the City including all key personnel. v. Any materials not specifically requested for the evaluation, but which the proposer wishes to submit. This may include sales brochures, photographs, general narrative or additional services the Contractor may wish to provide.
QUESTIONS
Questions about this RFP should be submitted by email to Public Works Director, Carla Dillon, [email protected], no later than August 3, 2022. Responses to all questions will be posted by August 9, 2022 to the City’s website at https://lomitacity.com/current-bids-rfps/.
EVALUATION CRITERIA AND SELECTION PROCESS
It is the City's intent to select the Contractor(s) with the best combination of qualifications and cost proposal. The selection committee will rank the proposals based upon the materials submitted by the proposing Contractors. The City may request a Contractor to submit additional information pertinent to the RFP. The City also reserves the right to investigate and rely upon information from other available sources in addition to any documents or information submitted by the Bidder. The City retains the sole discretion to determine issues of compliance and to determine whether a bidder is responsive and responsible.
The selection committee may choose to interview closely ranked Contractors but will not expect or schedule time for elaborate presentations. The City’s decision on qualification will be based on the evaluation of several factors including but not limited to the following:
1. Relevant work experience
2. Experience of key personnel
3. Completeness of the proposal
4. Compliance with RFP
5. Customer references
6. Cost proposal
Following the selection of the most qualified Contractor(s), a final budget, schedule and final Scope of Services will be negotiated before execution of the Professional Services Agreement. A template Professional Services Agreement is attached to this proposal as Exhibit D. Modifications may be made to this template by the City as necessary during the negotiation process.
The City shall attempt to negotiate an agreement to perform the work with the Contractor(s) considered to be the most qualified. Should the City be unable to negotiate a satisfactory agreement with the proposer determined to be most qualified, at a price the City determines to be fair and reasonable, negotiations with that proposer will be formally terminated. The City shall than undertake negotiations with the next qualified proposers individually until an agreement is reached.
The selected Proposer(s) (or Contractor(s) as referred to in this RFP) will enter into a professional services agreement with the City to provide these services.
GENERAL TERMS AND CONDITIONS
1. All proposals submitted in response to this RFP will become the sole property of the City upon submittal and a matter of public record pursuant to applicable law.
2. The cost of preparing and submitting a proposal is the sole responsibility of the Contractor(s) and shall not be chargeable in any manner to the City.
3. Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful Consultant.
4. Any documents or drawings resulting from the contract will be the property of the City of Lomita.
5. The proposal shall be valid for a minimum of 90 days.
6. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will endeavor to notify the known holders of this RFP. The addendums will be posted on the City web site for any interested parties to review. Proposal should include a notation that the Proposer is aware of all of the addendums which have been issued and has incorporated their provisions in their proposal.
7. All work shall be provided in a professional workmanlike manner in accordance with all applicable laws, regulations and policies, including, but not limited to, all Federal, State and Local safety rules and regulations.
8. The successful Contractor(s) must obtain a City Business License and show proof that they possess any required licenses by the State of California in conformance with performing the duties under this contract.
9. Contractor(s) are advised to consider whether services to be performed include classifications subject to state or federal prevailing wage requirements. California State prevailing wage information is available through the California Department of Industrial Relations website at http://www.dir.ca.gov.dlsr/statistics_research.html.
Attention is directed to the provisions of Sections 1777.5 and 1776.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assume any responsibility for Contractor’s failure to pay prevailing wages in accordance with State law.
10.The awarded Contractor(s) will be required to submit all bills to the City in the format requested by the City's Public Works Department segregated by category and documentation. The City will request that Pacific Coast Highway and Western Ave are separately itemized in the invoice. Payment to Contractor will be made in arrears on a monthly basis for services performed, provided that the Contractor is not in default under any provisions of this agreement.
11.The Request for Proposals does not commit the City to award a contract, to pay any costs incurred in preparation of the proposal, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or in its entirety this Request for Proposals, if it is in the best interests of the City to do so. The City may require the proposer selected to participate in negotiations, and to submit such price, technical, or other revisions of their proposals as may result from such negotiations.
12.Contractor, at Contractor’s sole cost and expense and for the full term of the resultant agreement or any extension, shall obtain and maintain at least all of the insurance requirements of the City.
EXHIBITS
Exhibit A – Scope of Services
Exhibit B – Proposer’s Statement of Qualifications Form Exhibit C – Cost Proposal Form
Exhibit D – Professional Services Agreement Template
Exhibit E – Street Sweeping Maps
Exhibit F – Private Street Map
EXHIBIT A
SCOPE OF SERVICES
Scope of Services
SCOPE OF WORK
Contractor shall provide all labor and equipment necessary to perform street sweeping services in the City of Lomita in accordance with this Agreement, on the following terms and conditions.
All streets and alleyways in the City- with or without curb and gutter - must be swept under the terms of this agreement in addition to the specified parking lots. Each section or portion of street that is posted with "street sweeping signs" that temporarily prohibit vehicular parking during the posted times, shall be swept during the posted times. Each section or portion of street that is not posted, either with or without curb and gutter, shall also be swept, according to the schedule provided by the City. Every attempt shall be made to sweep curbside of each street unless prohibited by vehicles or other obstructions that render the provision of service impossible or hazardous in each specific circumstance.
As non-posted streets become posted, the cost for including assurance for sweeping each curb line and gutter or each curbside shall already be included in the unit price for this proposal. Therefore, the event of adding posted streets individually or en masse shall not constitute an increase in the scheduled and required service provision or compensation thereof under the terms of this contract, and shall not be considered, classified or categorized as extra nonemergency work.
The City has recently approved new maps for sweeping, Attachment A. The City Council may consider changes to the maps prior to City modifications of the signs, and at any time during the agreement period. It has been noted that several streets were missed on the maps, and will likely be added to the maps at the start of the contract:
• Woodward Ave from 245th St to Lomita Blvd
• 247th St from Abita Ave to Walnut St
• Abita Ave
• Cayuga Ave from 258th Pl to 259th St
• Fairview Ave from Appian Way to 263rd St
Any special attention areas may be added to the list at a later date or covered under an hourly non-emergency basis.
A. Definitions
1) “Streets” shall mean all dedicated public rights-of-way within the existing or future corporate limits of the City.
2) “Debris” shall mean all litter, rubbish, leaves, sand, dirt, garbage and other foreign material removable from a paved street with a street sweeper. 3) “Curb-mile” means a swept path not less than eight (8) feet wide for a cumulative total length of 5,280 feet.
4) “Roadbed” means entire street pavement from curb to curb. 5) Hand Sweeping/Vacuuming
Contractor shall remove all visible debris along curbs and medians. Some cul-de-sacs and parking lots require hand sweeping of the corners or vacuumed into the sweeper.
Compensation for hand-sweeping/vacuuming shall be considered as included in the scope of work for basic sweeping service, and no separate payment will be made therefore.
6) Scheduled Machine Street Sweeping
Regular machine sweeping of streets shall be accomplished in accordance with additions or deletions as allowed in PARAGRAPH 3.17, ADDITIONS/DELETIONS.
Sweeper shall not limit the number of times that the sweeper debris hopper is emptied for any given route in order to meet quality standards identified in PARAGRAPH 3.04.
Sufficient water must be used to prevent visible dust.
7) “CITY” or “The City” refers to the City of Lomita
8) “Contractor” or “The Contractor” refers to the winning bidder with whom the City of Lomita approves to begin street sweeping work.
9) Business Hours. For the purposes of this contract, business hours shall be considered from 6 AM to 4 PM Monday through Friday.
B. Description of Required Services and Experience
General. The primary objective of street sweeping is to pick up all debris to ensure the free flow of water in the gutter, reduce materials entering the storm drain system, and to maintain the streets in a state of cleanliness. Contractor shall remove all debris from all streets according to sweeping maps (Attachment A).
In addition, all City parking lots are to be swept on a weekly basis. These include:
• City Hall/County Building and Safety and Hazardous Materials/County Library parking lot located southeast of the intersection of Narbonne Avenue and 242nd St.
• The City-owned Parking Lot located at the Northeast corner of Narbonne Avenue and 245th St. (not currently posted with designated time frames for street sweeping).
• The series of "angled parking stall- parking lots", in addition to and including the accessible locations of their collective contiguous drainage channel. Both the angled parking stall-parking lots and the drainage channel are located along the west side of Narbonne Avenue, spanning from approximately the northern border of the City to the intersection of Narbonne Avenue and Lomita Boulevard. • City Lot on the west side of Narbonne
• Two City lots on Eshelman at Lomita Park
• City lot at the Railroad Museum
Items of excessive size, such as cardboard, palm fronds, large rocks, etc., shall be physically picked up and placed in the sweeper by the Contractor. Sweeping shall normally consist of a single pass over an area. Additional passes shall be made as necessary when conditions warrant special attention. Debris collection may require more than one pass in order to sufficiently clean the street. In addition, if sweeper is unable to capture debris around or adjacent to a bulb out, operator shall be required to physically pick up and remove debris or move debris into the path of the sweeper to ensure removal from the area being swept. This service shall be included in the price at no additional cost to the City.
The City of Lomita does possess significant topographical elevation changes that will create additional surface runoff during the rainy season. Services should include and designate the ability to provide equipment capable of cleaning with a brush, when the City requests the service, under conditions that produce mud or excessive rainrelated debris carried onto the streets. In particular, this scenario has historically occurred on the streets immediately south of Pacific Coast Highway, such as Hillworth Avenue, Saddle View Road, Pennsylvania Avenue, Viana Avenue, Cypress Street, Lucille Avenue and Narbonne Avenue.
In addition, the City, related to the National Pollution Discharge Elimination Systems (NPDES) permit, does have high priority storm drains for cleaning drains. The City intends the Contractor to be able to adequately clean the streets that directly feed the storm drains, in particular, and it is these streets that would likely be the prime candidates to receive extra non-emergency work in times when additional debris collects. In order to provide sufficient coverage for street sweeping pertaining to the above mentioned NPDES ranked storm drain system, sweeping will be requested and compensated in accordance with Sections below, dependent upon the nature of the City's request.
Extra Sweeping - Emergency
There shall be a maximum two-hour response time for emergency sweeping. Emergency sweeping shall be paid at the rate shown on the proposal sheet.
Extra Sweeping - Non - Emergency
Non-emergency sweeping shall take place no later than the same or next business day after requested by the City or the scheduled date. Non-emergency sweeping shall be paid at the rate shown on the proposal.
Miscellaneous
The City may on occasion have need for sweeping services for sidewalks or the downtown area
Schedule Variations
Whenever the schedule of work is not followed, for any reason, the Contractor shall notify the City.
In cases of equipment failure or operator failure which precludes the sweeping of scheduled streets during their posted time frames, the Contractor shall make every reasonable effort to provide services during the schedule time frames. Should the equipment or operator failure be of such a duration that the regularly scheduled street sweeping of a posted street is not able to be swept during the designated time frames, the Contractor shall sweep those neglected (not swept during the designated time frames) streets during the first available opportunity on the same day, without impacting the existing, established schedule or causing additional neglect to streets requiring sweeping on the designated day within the designated time frames.
In the event that equipment or operator failure results in designated streets being neglected and, the Contractor shall be responsible for recording and reporting the neglected sweeping noted in the Deficiency/Missed Area Report and reduce the City’s invoice proportionately for services not rendered.
Failure of the Contractor to account for and report on the applicable monthly billing statement, of neglected streets not swept during regularly scheduled time frames due to the Contractor's failure to provide services, may be construed as a material breach of contract. If contractor neglects sweeping on designated street, he shall sweep the street at his sole cost, at the City's request or discretion.
Experience
The successful Contractor shall have at a minimum five (5) years’ experience in Municipal Street sweeping having successfully undertaken contracts in at least 3 municipal jurisdictions.
Areas to be Cleaned. All City streets including arterial, collector, industrial, residential and commercial, cul-de-sacs, alleys, parking lots, and median curbs shall be swept. The frequency shall be once per week, twice per month, once per month according to the Exhibit E maps.
The entire length of all curbs (including bulb outs, median curbs and curb returns), uncurbed pavement edges, painted (2-way) left turn lanes and flush concrete or paved median noses shall be swept each time the associated street is swept. The entire area of each intersection shall be swept. The balance of each street shall be swept as needed. In any case, no debris shall be left on the street pavement after sweeping is completed.
Within parking lots or other parking areas, debris caught between car stops and major crevices, Contractor shall blow out debris to allow sweeper to pick up or pick up by hand.
Standard of Performance. The Public Works Director, or designee, will make the final determination as to whether the work has been satisfactorily completed and may order the Contractor to re-sweep areas not swept or cleaned in a satisfactory manner. In the event the results of a sweeping are considered unsatisfactory, the Contractor shall sweep or clean the unsatisfactory area again at no cost to the City, within twenty-four (24) hours of request without interruption to the regular street sweeping schedule.
Additional Services. Additional services may include emergency call-outs or other instances as requested by the Public Works Director, or designee. Such services will be requested orally or in writing at least twenty-four (24) hours in advance, whenever practical, except for emergency call-outs. No request for additional services shall necessitate the simultaneous assignment of more than one (1) sweeper unless a greater number is agreeable to the Contractor. Payment for such requests shall be based upon the rate specified in Exhibit C.
C. Changes in Services
During the term of this agreement or any extension thereof, the City may elect to increase or decrease the frequency or amount of street sweeping services. The said increase or decrease shall be by written change order to the Contractor. The unit price for change order sweeping shall be at the contract unit price specified in Exhibit C. The proposal shall also include a net increase in curb-miles that would trigger a change order and the rate of additional miles or added time.
D. Schedule of Performance
Street Sweeping Schedule
1) Days. Routine street sweeping shall be conducted Tuesday through Friday unless otherwise approved by the Public Works Director.
2) Hours. Standard operating hours for sweeping under this Agreement shall be determined by the City and the Contractor in accordance with approved maps (Exhibit E). The City will recently approved the sweeping schedule maps and may consider amendments prior to implementation. Following award of the contract, City staff will begin to make changes to street sweeping signage, and anticipates a grace period for parking enforcement of new schedules.
Contractor shall complete all sweeping as scheduled; mechanical failure or personnel problems shall not be the acceptable reason for failure to perform services. No changes to the sweeping schedule will be allowed without the prior approval of City. 3) Holidays
All sweeping is to be completed according to Exhibit E, except on the following Holidays:
New Year’s Day, January 1
Martin Luther King Jr. Day
President’s Day
Memorial Day
Independence Day, July 4
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day, December 25
December 26
December 27
December 28
December 29
December 30
December 31
The City will not pay for sweeping services on Holidays, as services will not be provided.
E. Changes in Schedule Due to Weather Conditions
Scheduled sweeping shall not be canceled for inclement weather by the street sweeping Contractor without approval of the Public Works Director or her/his designee.
During inclement weather a two-hour standby period will be observed before a day of scheduled sweeping will be canceled. City reserves the right to suspend street sweeping functions on a day-to-day basis. Make-up sweeping will not be allowed due to inclement weather and cancellations without the approval of the Public Works Director or her/his designee.
F. Disposal and Recycling of Materials
The Contractor shall transport and dispose of all sweeping in accordance with all City, County, State, and Federal requirements.
To the extent possible, Contractor shall divert or compost all street sweepings from landfills. Contractor shall be entitled to no other income, expenses or charges from the City for disposing of sweepings at any disposal site within or outside the City limits. The Public Works Director may, at any time, require the Contractor to relocate, completely remove or discontinue use of such disposal sites.
The Contractor shall report on a monthly basis the tonnage of sweepings collected and the tonnage disposed of at a composting or recycling center and the name and address of the facility. The contractor shall also provide the city with the pertinent information from the composting or recycling facility certifying the % of material processed that is disposed at landfill and where is material sent after collection and processing at the facility.
G. Street Sweeping Equipment
The Contractor shall, as a minimum, keep their equipment well-maintained, neatly painted and meet other reasonable standards as may be established by the Public Works Director. Adequate back-up equipment must be available at all times to service the City. Contractor shall submit in its proposal a listing of all equipment (including backup equipment) proposed to furnish under this Agreement (including year, make, and condition). The City may, at its sole discretion and expenses, require an annual inspection of Contractor’s equipment.
The Contractor shall use a sweeper fleet appropriate for servicing the City including streets, medians, alleys, parking lots, and angled parking. It is the Contractor’s responsibility to determine the best sweeper for each area to be adequately and safely swept. The fleet shall include a fleet of vacuum and broom sweepers, as appropriate, for meeting all requirements of this Agreement and all regulatory requirements of outside agencies such as the South Coast Air Quality Management District (AQMD), the California Air Resources Control Board, and the Municipal NPDES Permit No.
CAS004004.
Vehicles and equipment used in accordance with sweeping activities must meet all applicable local, state, and Federal air quality laws, rules, and regulations including but not limited to the South Coast Air Quality Management District Rule 1186 relating to alterative fueled sweeping equipment. Equipment shall meet all applicable certifications for PM 10 and other pollutants as set forth by the South Coast Air Quality Management District. Consultant shall submit proof of certifications to the City on a bi-annual basis.
All vehicles must be maintained in good repair, appearance, and sanitary conditions at all times. The City reserves the right to inspect the Contractor’s vehicles at any time to ascertain said condition. A City representative shall have the right to cease Contractor’s operations immediately, upon inspection of any vehicle/sweeper deemed unsafe or unsatisfactory during performance of the Agreement.
All vehicles and equipment used by the Contractor within the City limits must be clearly identified, on each side of the vehicle or equipment, with the name of the Contractor and telephone number.
The contractor shall have a magnetic sign easily legible from a distance of fifty (50) feet along indicating this sweeper is providing service under a contract with the City of Lomita. All equipment must be equipped in accordance with State laws, including safety hazard lights visible from the rear that operate independently of the brake lights.
Sweepers must be equipped with mobile communications to the Contractor’s dispatch office.
Equipment and Use of Equipment. Contractor’s street sweeping equipment shall meet the following requirements:
A. Contractor shall use street sweeping equipment in conformance with the highest standard of street sweeping. Street sweeper speed and broom pattern shall be in accordance with the manufacturer's recommendations. While operating, street sweepers at work shall not exceed a maximum speed of 7 mph; sweepers when driven shall have a maximum of the posted speed limit.
B. Contractor shall use such standard heavy street sweeping equipment as is necessary to clean the City streets of paper, dirt, rocks, leaves and debris.
C. Contractor shall maintain all equipment. Equipment should be clean and in good mechanical condition, uniformly painted and numbered.
D. Contractor shall use equipment deemed acceptable by express approval of the Public Works Director. The Contractor shall provide a minimum of one (1) relief sweeper for each sweeper planned to be used to perform the contract work. The Contractor shall have all sweepers return to the contractor's yard for washouts and hopper cleaning. All equipment shall be:
a. Standard full size motorized street sweeper;
b. An air regenerative sweeper equal to or larger than a Tymco 600, or shall be a vacuum sweeper with equal pick up capabilities, with dual gutter brooms;
d. No more than five years in age;
e. Maintained in top running condition, including arriving clean, in proper working condition, and fueled for each daily schedule;
f. Equipped with an electronic or mechanical tachograph capable of recording sweeping speed, start-stop, operating time, and non-operating or travel time;
g. Equipped with a mechanically or magnetically attached sign on each side of sweeper reading "This sweeper is under contract with the City of Lomita". The sweeper shall also be identifiable with the company name and phone number on each side along with office telephone number. h. Alternative equipment may be used for specific areas (i.e. narrow streets and alleys) if noted in the proposal with detailed explanation provided.
E. Contractor's equipment shall be subject to inspection by the Director of Public Works or Designee and upon notification in writing to the Contractor that any equipment does not comply with the standards herein, such equipment shall be removed from, service by the Contractor and not again so used until inspected and approved in writing by the Director or of Public Works or Designee.
F. Sweeper must have a dual cutter broom.
G. All vehicles shall be equipped with an operational rotating amber light when parked or used on public streets. Contractor shall use light warnings instead of loud sound signals except where required by law for the protection of personnel.
H. The Contractor shall submit a list of equipment he/she intends to use in the City of Lomita as part of the proposal package.
I. Water for Dust Control. The Contractor shall provide sufficient water for use street sweeping operations to maintain a near dustless condition. Water for this use will be made available by the City at no cost to the Contractor provided a metering device is used to record usage. The Contractor is to coordinate with the Public Works Director in advance to identify the regular location(s) for water access. Access to water/hydrants without a meter is prohibited. All water provided by the City must be metered by devices rented (with deposit) to the Contractor. Contractor shall bring any such metering devices to the City’s Public Works Yard to be read at a date to be determined by the Public Works Director.
Contractor shall comply with all rules and regulations of the City relating to the use of water. Failure to comply may result in the City’s refusal to furnish water to the Contractor. If Contractor obtains water outside of the City water service area, the contractor is responsible for payment to water purveyor. Within the City of Lomita, Cal Water provides water service to a small region in the southwestern section (Palos Verdes Dr N west of Western, Via Madonna, Via Marquette, Rolling Vista Dr, etc) of the City. To the southeast of Western and Palos Verdes Dr N, LA Department of Water and Power has limited service. The magnetic sign stating service being provided under Contract for Lomita shall be visible while obtaining water from hydrants.
H. Special Equipment
The Contractor shall have all sweepers servicing the City equipped with a GPS Navigation System which provides:
• real-time GPS tracking of vehicles with a maximum update time of three (3) minutes;
• historical GPS data by vehicle for a minimum of sixty (60) days; • speed monitoring of vehicle;
• Report capability on demand, to provide activity data, route, start/stop times and locations, idle time, speed record by day or route.
I. Equipment Storage
The Contractor shall be responsible for all costs associated with equipment storage. No material and equipment shall be stored where it will interfere with the free and safe passage of public or traffic. At the end of each day’s work and at all other times when sweeping operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the roadway and open it for use by traffic.
J. Traffic Counters
The City may at various times and locations temporarily install portable traffic counting equipment of the type which is activated by vehicles coming in contact with a hose placed in the roadway. Caution shall be used by the Contractor to avoid damaging said equipment. If the Contractor, while in the performance of its contract duties, damages or causes to be damaged any of the aforementioned traffic counting equipment or appurtenances, the Contractor shall bear the entire cost for the restoration, repair, inspection, testing or replacement of said damaged equipment. The City will endeavor to let the contractor know of the location of any such equipment it has requested to be placed in the roadway.
K. Parking Enforcement Officer – Coordination
The City may use a Parking Enforcement Officer to cite vehicles for parking during street sweeping hours. The Contractor shall coordinate their sweeping activities with the Parking Enforcement Officer, including route of travel. All costs for coordination are the responsibility of the Contractor, and no additional compensation will be allowed. The City’s Parking Enforcement Officers will follow the chain of command in identifying deficiencies or missed areas.
L. Contractor/City Communication
Throughout the period of this Agreement, the Contractor shall establish and maintain an office and have an authorized Supervisor as the point of contact for communications with the City.
The Contractor’s office shall have a twenty-four (24) hour telephone service and a responsible person in charge seven (7) days a week to receive all requests for emergency service, which are forwarded by the City. Contractor shall respond and provide emergency service within three (3) hours from the time a call is placed by the City. Requests for routine service or complaint issues shall be resolved expeditiously within the following twenty-four (24) hour period.
Contractor shall report to the Director of Public Works any encroachment of vegetation which impairs one's ability to sweep.
The Contractor shall report without delay any damage to City equipment, City property or private property. The Contractor shall be liable for damages caused by his/her actions.
Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.
M. Contractor’s Employees
Contractor’s employees shall be required to wear a clean uniform bearing the Contractor’s name. Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City. Employees driving the Contractor’s vehicles shall at all times possess and carry a valid Commercial Driver’s License as applicable issued by the State of California.
Should for any reason an employee be unsatisfactory in the opinion of the City, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory employee.
Prior to returning a removed employee to work within the City, the Contractor shall provide in writing the reason for the individual’s behavior and the means used to prevent this behavior from occurring again. Failure of the Contractor to prevent, prohibit, or resolve problems with its employees working within the City will result in sweeping operations being suspended until further notice, and cause for contract termination.
The City may enter a contract with another party for street sweeping services during such a suspension, and the Contractor will be liable for all costs. A review for possible contract termination will be initiated by the City if Contractor has three (3) incidents of employee misconduct any time during the first five years of approved contract for street sweeping services.
Level of Supervision. The Contractor shall provide adequate supervision as to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work. The field supervisor or his/her representative shall check with the Department of Public Works weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance. The Supervisor shall be in the City at least 10% of the time while work is in progress. The Contractor shall be penalized Five Hundred Dollars ($500) per month for failing to have a supervisor in the City at least 10% of the route hours per month.
Approval of Supervisor. The Supervisor shall be someone other than the labor type of employee provided in this agreement. The Contractor shall provide in writing to the City (before starting work under this agreement) the name of the Field Supervisor. After approval of the Field Supervisor, the Contractor may substitute another individual provided the Contractor makes a written request to the City and said request is approved. The Supervisor should have at least two years practical experience in supervision.
Emergency Telephone Numbers. The Contractor shall provide the City throughout the duration of this agreement at least two (2) telephone numbers of qualified persons who can be called anytime that the Contractor's representative is not immediately available at the job site. An emergency 24-hour number shall also be provided. The emergency number shall be to contact a representative of the Contractor who can take the necessary action required to alleviate an emergency condition.
N. Sweeping Practices
The Contractor shall at all-time use good sweeping practices as dictated by standards within the sweeping industry and will make adjustment to its equipment as necessary.
The Contractor must exercise due care so as to prevent spilling, scattering, or dropping of debris during the sweeping activity and shall immediately clean up any such spillage, dropping, or scattering. Sweeping practices include, but are not limited to the following:
1) Sweeping speed shall be adjusted to street conditions with a maximum speed of seven (7) miles per hour. Patterned concrete medians, intersections, and crosswalks shall be swept at a maximum speed of three (3) miles per hour. The City may require the installation of sweeping speed monitoring devices to record actual vehicle speed during sweeping. The City may consider alternate speeds if manufacturer’s recommendation and industry standards state that alternate speeds are safe and effective.
2) Sweepers shall be operated as close to parked cars or other obstacles as safety allows.
Barriers. The Contractor shall provide all labor, materials and equipment to install barriers advising the public of hazards due to cleaning. Upon completion of the work, the Contractor shall promptly remove all signs and warning devices.
When performing work under this agreement, should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures, the City may direct attention to the existence of a hazard. The necessary warning and protective ensures shall be furnished and installed by the Contractor, at the Contractor’s expense.
Possible Area Closure. In the event any of the work area is unusable for any reason, including acts of nature or vandalism, the Director of Public Works may declare a closure of any portion of the work area. The Contractor shall not be entitled to compensation for any portion of the work area closed by the Director of Public Works.
Parking Lot Cleaning. Prior to sweeping, the Contractor will inspect parking lots for areas of heavy oil deposits or excessive oil buildup, and where present will be treated with absorbent material to absorb excess oil. Absorbent will be swept up and disposed in designated container for oily waste at the City yard.
Materials to be Provided by Contractor The Contractor at his/her own cost and expense shall furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to fulfill this agreement and to accomplish an acceptable and professional level of cleaning.
O. Routing and Sweeper Availability
Street sweeping routes shall be developed and proposed to the City by the Contractor and shall be subject to the approval of the Public Works Director. Routes and schedules shall be consistent with the Street Sweeping Scheduling Maps (Exhibit D) and the sweeper shall stay off of private streets (Attachment F). The City will consider requests by the Contractor for minor modifications to the Scheduling Maps if included in the proposal. Changes to the street sweeping schedules require City Council approval.
Sweeping routes shall be provided to the City no later than seven (7) days prior to the initiation of sweeping operations or changes in operation and subject to the Public Works Director approval. The City reserves the right to request changes in routing or hours of operation at any time. Any and all sweeper breakdowns and repairs shall be reported immediately to the Public Works Director, or designated representative.
Any changes to the routes or sweeping schedule shall include a version and date approved by the City to avoid confusion. The most current schedule and route shall be carried in the sweeper.
P. Construction-Related Problems and Storm Debris
Dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Contractor if located within five hundred (500) feet of an identified construction site, and is reported immediately to the city when discovered.
However, the Contractor is required to totally clean all dirt and debris carried by traffic to areas beyond this limit. Storm clean up and sweeping must be completed as soon as possible. Night sweeping may be permitted for normal storm cleanup, if authorized by the City.
Q. Records and Reports
Along with the invoice for services, a report shall be submitted to the City, monthly, comprising the following:
1) Daily Log Report. The Contractor shall keep a daily log of all streets swept and a description of any special services performed. The log shall be signed by the Supervisor on a daily basis. Each month, a report shall be prepared from the daily log giving a brief description of all routine special and emergency activities. The log should also include data such as date, time, and speed with which sweeping occurred each day. 2) Deficiency/Missed Area Report. The Contractor is required to correct any deficiencies in sweeping and state the reason. Recurring deficiencies will require a corrective action plan. Any missed streets, routes or lots shall be proportionately deducted from the invoice. 2) Emergency Calls. The Contractor shall maintain a log of emergency calls for the City, and information shall be submitted to the City, as part of the monthly report, in an easy to read format.
3) Amount of Debris. The Contractor shall maintain a separate measurement and record detailing the amount of debris collected and disposed during sweeping activities. This information, required as part of the City’s NPDES permit, must be submitted to the City, as part of the monthly report, in a tabulated, easy to read format. 4) Recycled Debris. The Contractor shall maintain a separate measurement and record detailing the amount of debris deposited at a composting or recycling facility. The record shall also identify the name and address of the facility along with other required information. This information shall be submitted to the City, as part of the monthly report, in a tabulated, easy to read format.
5) Complaints. Complaints received by the City regarding the Contractor’s performance will be transmitted to the Contractor’s office in writing, by telephone, or email, and handled by the Contractor’s Supervisor. All complaints are to receive a follow-up response within twenty-four (24) hours following notification of the Contractor. A report of the Contractor’s investigation and the corrective action taken shall be made promptly by the Contractor to the Public Works Director.
Repeat complaints may be handled by a joint visit to the site by a City Inspector and Contractor’s Supervisor. Complaints received directly by the Contractor shall be submitted in writing electronically to the City on the day such complaints are received.
Contractor shall maintain a log of complaints received and corrective actions implemented which shall be submitted to the City each month. 6) Equipment Maintenance/Repair Report. Contractor shall report any maintenance or repairs done on street sweepers servicing the City. This information shall be submitted as part of the monthly report in an easy to read format.
R. Restoration and Repair, Obstructions and Clean Up
The Contractor shall become familiar with all existing installations, both public and private, on the work site and shall provide adequate safeguards to prevent damage to existing structures and improvements. All fences, wall, slopes, landscaping, and other obstructions which are removed, damaged, or destroyed in the course of work shall be replaced and/or repaired, at the Contractor’s expense, to the original condition and to the satisfaction of the City. Failure to have such damages repaired in a timely manner will result in the City deducting from the Contractor’s payment the cost to perform the necessary remedial work.
Spills Material or Equipment Spills. The Contractor shall make additional passes on street routes to pick up any spillage of sweeping materials, debris dropped during turns, or crossing of cross gutters prior to moving to the next area.
The equipment operator shall immediately stop in the event of equipment spillage such as a spillage of diesel, motor oil or hydraulic oil. A call for assistance must be made by the operator and the area cleaned within two hours. If it is determined by the Public Works Director, or his designee, that the Contractor has failed to execute a proper cleanup, any/all costs incurred by City to do so will be deducted from the following invoice to be paid to Contractor.
Stormwater BMPs, Training, and Documentation
The contractor shall comply with stormwater-related training required under Municipal NPDES Permit No. CAS004004. This may involve implementing and maintaining specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect to the City.
S. Miscellaneous Safety and Other Regulations
1) Equipment and Vehicle Defects. All equipment or vehicle defects disclosed by any governmental official and not requiring immediate correction shall be corrected by the Contractor within two (2) weeks of notification.
T. Cooperation with Utility and Other Companies
Work within the City by utility and construction companies may be progressing concurrently with the work under this Agreement. It is the responsibility of the Contractor to be informed of work planned by these parties and to coordinate street sweeping work accordingly. The City requests that utility companies avoid work in street on posted street sweeping days; however, that is not always possible.
U. City Special Events
Contractor will provide street sweeping services free of charge in conjunction to a maximum of three (3) “Major” City sanctioned special events each year. City will provide Contractor thirty (30) day prior notice of scheduled event. The sweeping would be focused in the event area and associated City parking lots.
V. Contract Term
The term of the contract shall be for a period of seven (7) years, with an option for renewal for three (3) one-year extensions, on an annual basis, based on the contractor performance. The City reserves the right to unilaterally terminate the Agreement at any time upon thirty (30) days written notice to the contractor.
If the City chooses to extend the contract, a formal letter will be sent to the contractor advising contractor of the one (1) year extension. This process will be used for each of the optional two (2) years. In determining whether the Agreement should be extended, the City will evaluate the performance of the contractor and determine whether the contractor’s performance is satisfactory.
Escalation. This contract will be amended annually on October 1st to adjust prices for inflation. If the Consumer Price Index (“CPI”) for August is greater than the CPI last published for August of the previous year, then the monthly contract amount shall be increased in the same proportion that the CPI in August bears to the CPI last published in August of the previous year. Provided that, if, on September 1, the CPI last published for August is less than the CPI last published for April of the previous year, then no adjustment shall be made in the monthly contract amount, whether or not such monthly contract amount was increased the prior year. For the purposes of the escalation factor, the Consumer Price Index used shall be that published by the U. S.
Department of Labor, Bureau of Labor Statistics, Consumer Price Index (“CPI”) for all urban consumers in the Los Angeles-Long Beach-Anaheim statistical area. City of Lomita will continue to pay the monthly contract amount previously in effect until the increase, if any, is determined. Thereafter, the monthly contract amount will be paid at the increased rate until the next adjustment date. In the event the compilation or publication of the CPI is transferred to any other governmental department or bureau or agency or is discontinued, the index most nearly the same as the CPI will be used to make such calculations. The maximum increase in any contract year may not exceed
5.0%.
New street sweeping areas, as developed or assumed by the City, may be added to the Service Agreement. Such additional scope of work will be considered change orders to the initial contract, and the value will be based on service unit prices provided in (Exhibit C), if applicable, and/or negotiated between the two parties of the contract.
Failure to Sweep. Should the Contractor fail to sweep, the City will deduct from the Contractor's next monthly payment a sum of money equal to the number of hours not swept divided by the number of hours to be swept during the month times the monthly payment.
REQUIRED CONTRACT REPORTS
A. Daily Log Report
B. Deficiency/Missed Area Report
C. Emergency Calls
D. Amount of Debris
E. Recycled Debris
F. Complaint Log
F. Equipment Maintenance/Repair Report
EXHIBIT B
PROPOSER’S STATEMENT OF QUALIFICATIONS FORM
Exhibit B – Proposer’s Statement of Qualifications Form Please provide requested information in full. Proposers who do not provide the requested information or submit a full and complete Proposer’s Statement of Qualifications Form may have their proposal deemed unresponsive during the selection process. All information provided by the proposer will be subject to verification by the City.
1. CONTRACTOR INFORMATION
The primary contact shall be the person with the authority to negotiate contracts with the City.
Indicate what type of entity (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture: ______________________________________ Primary Contact and Title: ___________________________________________________________ Legal Address of Contractor: _________________________________________________________ ________________________________________________________________________________ Primary Contact Phone Number: ______________________________________________________ Primary Contact Email Address: ______________________________________________________ Number of employees: _____ Number of years in business: _____ Federal Employer I.D. Number.:_____________
A detailed statement indicating whether Proposer is totally or partially owned by another business organization or individual: ________________________________________________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures and/or corporate officers having a principal interest (10% or greater) in the proposing firm.:
________________________________________________________________________________ All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows:
________________________________________________________________________________ The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
________________________________________________________________________________ ________________________________________________________________________________ Any failures or refusals to complete a contract and explanation:
______________________________________________________________________________
2. DESIGNATION OF SUBCONTRACTORS
Provide a list of all subcontractors to perform work on this contract, including relevant licenses, permits, and certifications. Attach a separate sheet, if necessary.
Subcontractor Name, Phone,
Email Work to Be Performed Relevant Licenses,
Certifications, Permits
3. CONTRACTOR’S AND SUBCONTRACTOR’S QUALIFICATIONS
Describe Contractor’s experience in providing relevant services, including any relevant work for governmental agencies. Include a description of Contractor’s and any subcontractor’s core-competency and experience with similar work that is described in the Scope of Services. Attach a separate sheet, if necessary.
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
4. LICENSES AND CERTIFICATIONS
Provide a listing of any relevant certifications, permits, or licenses for Contractor’s or subcontractor’s personnel and equipment use, including:
Describe below each certification or license, if it is held by the Contractor or subcontractor personnel, the license number and type. Copies of licenses and certifications must be provided at time of proposal submission and be kept current throughout the entirety of the contract. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
5. WORK STATEMENT AND QUALITY CONTROL PLAN
Provide a statement of Contractor’s understanding of the work to be done, a description of the methods and techniques to be used by the proposer to achieve the objectives of the contract, and a positive statement of commitment to perform the work that is described in the Scope of Services. Proposer must reference all duties as listed in the Scope of Services. Proposer must note any services NOT provided by their firm. Attach a separate sheet, if necessary.
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Describe if and how promptly Contractor will provide services in the case of overnight or weekend emergency repairs.
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Describe how Contractor shall seek to attain the quality of service set forth in the RFP. Describe the firm’s quality control processes that will be adhered to during the term of the agreement, such as the firm’s ability to control costs and provide accurate and timely invoices through internal control measures; to monitor and stay within budget; to monitor schedule and review times and describe the techniques used to complete projects within the proposed time frames. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
6. LIST OF REFERENCES
Please provide current references for 3 past or existing clients of similar services performed in California of the nature and scope as set forth in the RFP within the last five (5) years. References for public agency projects are preferred.
A. Client: ____________________________________________________________________ Contact Name / Title: _________________________________________________________ Phone Number / Email Address: ________________________________________________ Description and date of services provided: _________________________________________ B. Client: ____________________________________________________________________ Contact Name / Title: _________________________________________________________ Phone Number / Email Address: ________________________________________________ Description and date of services provided: _________________________________________ C. Client: ____________________________________________________________________ Contact Name / Title: _________________________________________________________ Phone Number / Email Address: ________________________________________________ Description and date of services provided: _________________________________________
7. PROOF OF INSURANCE
In a separate attachment, provide proof of insurance, as specified in the attached Professional Services Agreement.
8. ORGANIZATIONAL CHART
In a separate attachment, provide an organizational chart that reflects titles of key staff and management contacts of each individual assigned to provide services under this Proposal. Included in the organizational chart, please list all sub-contracted work to individuals/firms.
After contract execution the Contractor should not substitute key personnel (project managers and others listed by name in the cost proposal) without prior written approval from the City. The Contractor must request and justify the need for the substitution and obtain approval from the City prior to use of a different sub-Contractor on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost.
Contractor’s Signature: ___________________________________ Date: ____________
EXHIBIT C
COST PROPOSAL FORM
Exhibit C – Cost Proposal Form
Please provide requested information in full. Proposers who do not provide the requested information or submit a full and complete Cost Proposal Form may have their proposal deemed unresponsive during the selection process. All information provided by the proposer will be subject to verification by the City. Cost proposals, both printed and electronically, shall be submitted in a separate sealed envelope with the proposal.
Route/Scheduled Day /Time Cost per 2-hour window of sweeping Weekly Friday, 6 AM to 8 AM
Weekly Friday, 8 AM to 10 AM
Weekly Friday, 10 AM to 12 PM
1st Wednesday, 8 AM to 10 AM
1st Wednesday, 10 AM to 12 PM
2nd Wednesday, 8 AM to 10 AM
2nd Wednesday, 10 AM to 12 PM
1st Thursday, 8 AM to 10 AM
1st Thursday, 10 AM to 12 PM
1st Thursday, 12 PM to 2 PM
2nd Thursday, 8 AM to 10 AM
2nd Thursday, 10 AM to 12 PM
2nd Thursday, 12 PM to 2 PM
1st Friday, 8 AM to 10 AM
1st Friday, 10 AM to 12 PM
1st Friday, 12 PM to 2 PM
2nd Friday, 8 AM to 10 AM
2nd Friday, 10 AM to 12 PM
2nd Friday, 12 PM to 2 PM
3rd Wednesday, 8 AM to 10 AM
3rd Wednesday, 10 AM to 12 PM
4th Wednesday, 8 AM to 10 AM
4th Wednesday, 10 AM to 12 PM
3rd Thursday, 8 AM to 10 AM
3rd Thursday, 10 AM to 12 PM
3rd Thursday, 12 PM to 2 PM
4th Thursday, 8 AM to 10 AM
4th Thursday, 10 AM to 12 PM
4th Thursday, 12 PM to 2 PM
3rd Friday, 8 AM to 10 AM
3rd Friday, 10 AM to 12 PM
3rd Friday, 12 PM to 2 PM
4th Friday, 8 AM to 10 AM
4th Friday, 10 AM to 12 PM
4th Friday, 12 PM to 2 PM
Monthly Tuesday, 6 AM to 8 AM
Monthly Tuesday, 8 AM to 10 AM
Monthly Tuesday, 10 AM to 12 PM
Additional Sweeping Services Cost
During business hours $_______________ per __________
After Business hours (evenings,
weekends, holidays)
$_______________ per __________
Emergency During business hours $_______________ per __________ Emergencies After Business hours $_______________ per __________ Sidewalk sweeping during Business hours
Sidewalk sweeping after Business hours
Changes
Net addition of curb miles that will trigger a
change order:
Price per curb mile added (above trigger):
In a separate attachment, Proposer is required to submit hourly rates for all types of personnel required to perform the services described in this RFP, including hourly rates for 24-hour emergency service calls, including removals and trimmings, with a response time of no more than four (4) hours. Proposer must state if the proposed rate is guaranteed for the term of an agreement (if awarded) or if it is subject to adjustments. If subject to adjustments, Proposer must state the frequency of adjustments and how adjustments are determined.
Pursuant to and in compliance with your Request for Proposals and the other documents relating thereto, the undersigned proposer, having familiarized himself with the work as per the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform, the contract and complete in a workmanlike manner all of the work required in connection with professional Street Sweeping Services services in the City, all in strict conformity with the specifications and other contract documents on file at the office of the City Clerk.
Contractor’s Signature: ___________________________________ Date: ___________
CERTIFICATION OR PROPOSAL
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal.
1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2) By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5) The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6) The proposal shall be valid for 90 days from the date of submittal.
Name of Proposer:
By:
(Authorized Signature) Type Name:
Title:
Date:
EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT TEMPLATE
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND _____________
This AGREEMENT for ______ Project is entered into this day of , 202_, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and ____________ (“CONTRACTOR”).
R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out for __________________.
C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not to exceed $_____ for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in the
CONTRACTOR'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is . CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on ________, unless earlier termination occurs under Section 13 of this Agreement, or extended in writing in advance by both parties.
8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all
applicable training to implement the requirements in Municipal NPDES Permit No.
CAS004004 and shall provide documentation to that effect.
9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.
CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause
13. PREVAILING WAGE.
A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.
Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.
CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers,
employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.
CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.
C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.
CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.
14. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
15. INDEMNIFICATION.
A. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.
CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.
CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
18. AUDIT OF RECORDS.
A. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.
20. INSURANCE REQUIREMENTS.
A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.
2. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents,
and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.
C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONTRACTOR shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 above.
G. The commercial general and automobile liability policies required by this
Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
21. USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.
22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONTRACTOR, its employees, sub-Contractors and agents.
23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONTRACTOR. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.
24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services
beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
ATTN:
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.
28. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
31. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
32. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
33. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
35. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONTRACTOR
Ryan Smoot, City Manager By: TITLE
ATTEST:
Kathleen Horn Gregory, City
Clerk
Taxpayer ID No.
APPROVED AS TO FORM:
City Attorney
EXHIBIT E
STREET SWEEPING SCHEDULE MAPS
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251st St McKenna Ct 252nd St
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254th St
255th St 255th St
Evans Ct
256th St Stratford Dr
Forrester Dr
Pacific Coast Hwy
258th Pl Esther View Dr
Chapman St
Wittick Ct
Steed Ct
Garner St
262nd St
Guyson St 263rd St Ave
lentree Dr
Via Madonna
262nd St
259th Pl 259th Pl
260th St
261st St
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257th St 257th St
256th St
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253rd Pl
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252nd St 252nd St
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247th St
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240th St
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April Ct
Callison St
n o Hillworth Ave Crenshaw Blvd Bani AveVeronica Ln Pennsylvania Ave Viana Ave Adamo Ave Cypress St Lucille Ave Feijoa Ave Alliene Ave Narbonne Ave Narbonne Ave Hendricks Ave Woodward Ave Oak St Murad Ave Fairview Ave Eshelman Ave Monte Vista Ave Reed St Regent Ave Walnut St Ocean View Ave HillcrAlta Vista Ave Market Pl Falena Ave Abita Ave Stanhurst Ave Avocado St Andreo Ave Olson Ln Oak St ven Doria Ave Woodward Ave a Pl Moon Ave Alliene Ave Lomita Dr Bani Ave Bani Ave Becknel Ave Aubrey Ln Lomita Blvd
Lomita Blvd
la St
251st St
Adona Dr
261st St
Vi D Western Ave
Comal Ct
H Doria Ave
k
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Appian Way
Palos Ve
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Pennsylvania Dr
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Par
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Carlene Ln
Noelle Ct
d Via Saddle View Rd Neko Dr Reed Dr Kelley Ave Lucille Ave Benhill Ave Ober Ave Cadiz Dr e Monterey Cir
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Forrester Dr
St
Via Solano
Via Tampa
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Lomita Street Sweeping
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Un-Posted 8 AM to 10 AM
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Hillview Ln
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243rd St
Dawn St
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Cypress Circle Dr
251st St McKenna Ct 253rd St
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253rd Pl
254th St 254th St 254th St
254th St
255th St 255th St
Evans Ct
256th St Stratford Dr
Forrester Dr
Pacific Coast Hwy
258th Pl Esther View Dr
Chapman St
Wittick Ct
Steed Ct
Garner St
262nd St
Guyson St 263rd St Ave
lentree Dr
Via Madonna
262nd St
259th Pl 259th Pl
260th St
261st St
256th St
257th St 257th St
256th St
253rd St
253rd Pl
253rd Pl
Alcor St
252nd St 252nd St
248th St
247th St
248th St
245th St Lomita Park Pl
Allbrook St
Nordman St 246th St
247th St
Turrell St
240th St
241st St
April Ct
Callison St
n o Hillworth Ave Crenshaw Blvd Bani AveVeronica Ln Pennsylvania Ave Viana Ave Adamo Ave Cypress St Lucille Ave Feijoa Ave Alliene Ave Narbonne Ave Narbonne Ave Hendricks Ave Woodward Ave Oak St Murad Ave Fairview Ave Eshelman Ave Monte Vista Ave Reed St Regent Ave Walnut St Ocean View Ave HillcrAlta Vista Ave Market Pl Falena Ave Abita Ave Stanhurst Ave Avocado St Andreo Ave Olson Ln Oak St ven Doria Ave Woodward Ave a Pl Moon Ave Alliene Ave Lomita Dr Bani Ave Bani Ave Becknel Ave Aubrey Ln Lomita Blvd
Lomita Blvd
la St
251st St
Adona Dr
261st St
Vi D Western Ave
Comal Ct
H
Doria Ave
k
o
Ovid Ave
Appian Way
Palos Ve
a
ling
Pennsylvania Dr
rde
264th
a Danmar Ct
s
Vi r
o
Via Vera
t
N
Enc
Appian Way
s
Via De
uette
Par
Padron Pl
Ebony Ln
Bland Pl
q
R
sm
ar
Vi
M
st a Dr on e
Carlene Ln
Noelle Ct
d Via Saddle View Rd Neko Dr Reed Dr Kelley Ave Lucille Ave Benhill Ave Ober Ave Cadiz Dr e Monterey Cir
a
G
247th Pl
Forrester Dr
St
Via Solano
Via Tampa
N
to
va
Robin Ln Cayuga Ave
Lomita Street Sweeping
Posted 8 AM to 10 AM
Un-Posted 8 AM to 10 AM
Thursday (2nd & 4th)
Posted 8 AM to 10 AM
UnPosted 8 AM to 10 AM
Posted 10 AM to 12 PM
Un-Posted 10 AM to 12 PM
Posted 12 PM to 2 PM
Un-Posted 12 PM to 2 PM
South Side
South Side
South Side
South Side
South Side
South Side
South Side
South Side
East Side
East Side
South Side
South Side
South Side
East Side
East Side
East Side
East Side
South Side
South Side
South Side
South Side
South Side
South Side
South Side
South Side
East Side
East Side
South Side
South Side
East Side
East side
East side
South side
South Side
South Side
South Side
East Side
252nd St
West Side
Adona Dr
Hillview Ln
241st St
242nd St
243rd St
Dawn St
Austinbrook Ct
246th St
246th Pl
247th St
248th St
248th St
249th St e
250th St
L
Eleanor Pl
Cypress Circle Dr
251st St McKenna Ct 252nd St
253rd St
253rd St
253rd Pl
254th St 254th St 254th St
254th St
255th St 255th St
Evans Ct
256th St Stratford Dr
Forrester Dr
Pacific Coast Hwy
258th Pl Esther View Dr
Chapman St
Wittick Ct
Steed Ct
Garner St
262nd St
Guyson St 263rd St Ave
lentree Dr
Via Madonna
262nd St
259th Pl 259th Pl
260th St
261st St
256th St
257th St 257th St
256th St
253rd St
253rd Pl
253rd Pl
Alcor St
252nd St 252nd St
248th St
247th St
248th St
245th St Lomita Park Pl
Allbrook St
Nordman St 246th St
247th St
Turrell St
240th St
241st St
April Ct
Callison St
n o Hillworth Ave Crenshaw Blvd Bani AveVeronica Ln Pennsylvania Ave Viana Ave Adamo Ave Cypress St Lucille Ave Feijoa Ave Alliene Ave Narbonne Ave Narbonne Ave Hendricks Ave Woodward Ave Oak St Murad Ave Fairview Ave Eshelman Ave Monte Vista Ave Reed St Regent Ave Walnut St Ocean View Ave HillcrAlta Vista Ave Market Pl Falena Ave Abita Ave Stanhurst Ave Avocado St Andreo Ave Olson Ln Oak St ven Doria Ave Woodward Ave a Pl Moon Ave Alliene Ave Lomita Dr Bani Ave Bani Ave Becknel Ave Aubrey Ln Lomita Blvd
Lomita Blvd
la St
251st St
261st St
Vi D Western Ave
Comal Ct
H Doria Ave
k
o
Ovid Ave
Appian Way
Palos Ve
a
ling
Pennsylvania Dr
rde
264th
a Danmar Ct
s
Vi r
o
Via Vera
t
N
Enc
Appian Way
s
Via De
uette
Par
Padron Pl
Ebony Ln
Bland Pl
q
R
sm
ar
Vi
M
st a Dr on e
Carlene Ln
Noelle Ct
d Via Saddle View Rd Neko Dr Reed Dr Kelley Ave Lucille Ave Benhill Ave Ober Ave Cadiz Dr e Monterey Cir
a
G
247th Pl
Forrester Dr
St
Via Solano
Via Tampa
N
to
va
Robin Ln Cayuga Ave
Lomita Street Sweeping
Once per Month Sweeping
Priority C (2nd Tuesday)
Parking Lots - 6 AM to 8 AM
Alleys - 8 AM to 10 AM
Streets - 10 AM to 12 PM
North Side
North Side
North Side
North Side
North Side
North Side
North Side
North Side
North Side
North Side
North Side
North Side
North Side
North Side
North Side
Both Sides
North Side
North Side
North Side
North side North side
North side
North side
North side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
West Side
Posted 8 AM to 10 AM
UnPosted 8 AM to 10 AM
Posted 10 AM to 12 PM
Un-Posted 10 AM to 12 PM
Posted 12 PM to 2 PM
Un-Posted 12 PM to 2 PM
West Side
Friday (1st & 3rd) West Side
Hillview Ln
241st St
242nd St
243rd St
Dawn St
Austinbrook Ct
246th St
246th Pl
247th St
248th St
248th St
249th St e
250th St
L
Eleanor Pl
Cypress Circle Dr
251st St McKenna Ct 252nd St
253rd St
253rd St
253rd Pl
254th St 254th St 254th St
254th St
255th St 255th St
Evans Ct
256th St Stratford Dr
Forrester Dr
Pacific Coast Hwy
258th Pl Esther View Dr
Chapman St
Wittick Ct
Steed Ct
Garner St
262nd St
Guyson St 263rd St Ave
lentree Dr
Via Madonna
262nd St
259th Pl 259th Pl
260th St
261st St
256th St
257th St 257th St
256th St
253rd St
253rd Pl
253rd Pl
Alcor St
252nd St 252nd St
248th St
247th St
248th St
245th St Lomita Park Pl
Allbrook St
Nordman St 246th St
247th St
Turrell St
240th St
241st St
April Ct
Callison St
n o Hillworth Ave Crenshaw Blvd Bani AveVeronica Ln Pennsylvania Ave Viana Ave Adamo Ave Cypress St Lucille Ave Feijoa Ave Alliene Ave Narbonne Ave Narbonne Ave Hendricks Ave Woodward Ave Oak St Murad Ave Fairview Ave Eshelman Ave Monte Vista Ave Reed St Regent Ave Walnut St Ocean View Ave HillcrAlta Vista Ave Market Pl Falena Ave Abita Ave Stanhurst Ave Avocado St Andreo Ave Olson Ln Oak St ven Doria Ave Woodward Ave a Pl Moon AveAlliene Ave Lomita Dr Bani Ave Bani Ave Becknel Ave Aubrey Ln Lomita Blvd
Lomita Blvd
la St
251st St
261st St
Vi D Western Ave
Comal Ct
H Doria Ave
k
o
Ovid Ave
Appian Way
Palos Ve
a
ling
Pennsylvania Dr
rde
264th
a Danmar Ct
s
Vi r
o
Via Vera
t
N
Enc
Appian Way
s
Via De
uette
Par
Padron Pl
Ebony Ln
Bland Pl
q
R
sm
ar
Vi
M
st a Dr on e
Carlene Ln
Noelle Ct
d Via Saddle View Rd Neko Dr Reed Dr Kelley Ave Lucille Ave Benhill Ave Ober Ave Cadiz Dr e Monterey Cir
a
G
247th Pl
Forrester Dr
St
Via Solano
N
to
va
Robin Ln Cayuga Ave
Lomita Street Sweeping
Once per Month Sweeping
Priority C (2nd Tuesday)
Parking Lots - 6 AM to 8 AM
Alleys - 8 AM to 10 AM
Streets - 10 AM to 12 PM
Posted 8 AM to 10 AM
UnPosted 8 AM to 10 AM
Posted 10 AM to 12 PM
Un-Posted 10 AM to 12 PM
Posted 12 PM to 2 PM
Un-Posted 12 PM to 2 PM
Friday (2nd & 4th)
Side South
East Side
East Side
South Side
Side Soth
East Side
East Side
East Side
South Side East Side
East Side
South Side
South SideEast Side
East Side
East Side
East Side South Side
East Side
east Side
Side South
East Side
South Side
South Side
South Side
East Side
South Side
South Side
South Side
East Side
South Side
South Side
East Side
South SideEast Side
South Side
South Side
South Side
South Side
South Side
East Side
East Side
East Side
East Side
East Side
East Side
South Side
Both Sides
East Side
Monthly
Schedule
Hillview Ln
241st St
242nd St
243rd St
Dawn St
Austinbrook Ct
246th St
246th Pl
247th St
248th St
248th St
249th St e
250th St
L
Eleanor Pl
Cypress Circle Dr
251st St McKenna Ct 252nd St
253rd St
253rd St
253rd Pl
254th St 254th St 254th St
254th St
255th St 255th St
Evans Ct
256th St Stratford Dr
Forrester Dr
Pacific Coast Hwy
258th Pl Esther View Dr
Chapman St
Wittick Ct
Steed Ct
Garner St
262nd St
Guyson St 263rd St Ave
lentree Dr
Via Madonna
262nd St
259th Pl 259th Pl
260th St
261st St
256th St
257th St 257th St
256th St
253rd St
253rd Pl
253rd Pl
Alcor St
252nd St 252nd St
248th St
247th St
248th St
245th St Lomita Park Pl
Allbrook St
Nordman St 246th St
247th St
Turrell St
240th St
241st St
April Ct
Callison St
n o Hillworth Ave Crenshaw Blvd Bani AveVeronica Ln Pennsylvania Ave Viana Ave Adamo Ave Cypress St Lucille Ave Feijoa Ave Alliene Ave Narbonne Ave Narbonne Ave Hendricks Ave Woodward Ave Oak St Murad Ave Fairview Ave Eshelman Ave Monte Vista Ave Reed St Regent Ave Walnut St Ocean View Ave HillcrAlta Vista Ave Market Pl Falena Ave Abita Ave Stanhurst Ave Avocado St Andreo Ave Olson Ln Oak St ven Doria Ave Woodward Ave a Pl Moon Ave Alliene Ave Lomita Dr Bani Ave Bani Ave Becknel Ave Aubrey Ln Lomita Blvd
Lomita Blvd
la St
251st St
Adona Dr
261st St
Vi D Western Ave
Comal Ct
H Doria Ave
k
o
Ovid Ave
Appian Way
Palos Ve
a
ling
Pennsylvania Dr
rde
264th
a Danmar Ct
s
Vi r
o
Via Vera
t
N
Enc
Appian Way
s
Via De
uette
Par
Padron Pl
Ebony Ln
Bland Pl
q
R
sm
ar
Vi
M
st a Dr on e
Carlene Ln
Noelle Ct
d Via Saddle View Rd Neko Dr Reed Dr Kelley Ave Lucille Ave Benhill Ave Ober Ave Cadiz Dr e Monterey Cir
a
G
247th Pl
Forrester Dr
St
Via Solano
Via Tampa
N
to
va
Robin Ln Cayuga Ave
Lomita Street Sweeping
Once per Month Sweeping
Priority C (2nd Tuesday)
Parking Lots - 6 AM to 8 AM
Alleys - 8 AM to 10 AM
Streets - 10 AM to 12 PM
EXHIBIT F
PRIVATE STREETS MAP
Blue Rose Ct Sunny Leaf Ln Via Kosta Micah
Ln
Laura Lee Ln Eshelman Ave
Oakwood Ridge Ln
Private Streets
Caltrans Jurisdiction
Traffic Signal/Flashing Crossing
PREPARED FOR
City of Lomita
City Clerk’s Office
24300 Narbonne Ave., Lomita, CA 90717
CITY OF LOMITA
PROPOSAL FOR STREET SWEEPING SERVICES
Athens Services
14048 Valley Blvd., City of Industry, CA 91746
AthensServices.com | (888) 336-6100
PREPARED BY
AUGUST 24, 2022
2 COVER LETTER
August 24, 2022
City of Lomita
City Clerk’s Office
Attn: Carla Dillon
24300 Narbonne Avenue
Lomita, CA 90717
Dear Ms. Dillon:
Arakelian Enterprises, Inc., dba Athens Services, is pleased to submit this fully responsive bid to provide Street Sweeping Services for the City of Lomita. Athens has conducted a thorough review of the RFP and enclosed a bid that complies with the requirements as set forth in the RFP, including signed acknowledgments of all addenda issued.
Athens has over 35 years of sweeping experience and manages the largest street sweeping operation in the Southern California region.
Currently, sweeping operations provide service in more than two dozen municipalities and sweep over 24,500 miles annually. This extensive experience gives Athens the capability to provide support, backup, additional resources, and a wealth of expertise and knowledge.
Athens is committed to providing the City of Lomita with first-class sweeping services for the best value. To do this, Athens will work with the City to adjust routes as requested using existing local infrastructure and sweeping vehicles. The proposed rates for all outlined services are very competitive and specific to the scope of services required as outlined in the RFP. Athens accepts the conditions of the RFP without exception.
As the City’s franchised, exclusive solid waste and recycling provider, Athens would like to offer an alternative proposal beyond the required scope. It would provide even greater value, cost alternatives, and assistance in complying with SB 1383. Additionally the City would benefit from an extended, long-term, all-inclusive agreement that would achieve value pricing by bundling street sweeping services at no cost with trash, recycling, and organics collection.
Therefore, the Board of Directors of Athens authorizes me in my capacity as Executive Vice President to transmit and sign the bid, negotiate a contract with the City, and execute any agreements, assurances, and other documents related to this bid and if selected, subsequently awarded contract. My signature with this letter serves as a consignment, in good faith, to this RFP selection process, with no intent by Athens to withdraw the bid. This proposal is valid for 90 days.
Athens strives to deliver dependable and high-quality service at the most value to the City of Lomita, its residents, and its communities. As noted above, we hope that our proposal interests the City and hope to have further dialogue about our alternative proposal. On behalf of Athens, I am pleased to submit this bid and look forward to providing the best street sweeping service available to the City of Lomita.
Sincerely,
Gary Clifford, Executive Vice President
Athens Services
14048 E. Valley Blvd.
City of Industry, CA 91746
(626) 934-4619
3 TABLE OF CONTENTS
i. COVER LETTER.......................................................................................02 ii.TABLE OF CONTENTS .............................................................................03 iii. COMPLETED FORMS ............................................................................04 a. Proposer’s Statement of Qualifications Form .......................................04 b. Cost Proposal Form.............................................................................08 EXHIBIT A | SCOPE OF SERVICES...............................................................11 ATTACHMENTS..........................................................................................20 Proof of Insurance ..................................................................................21 Corporate Structure/Organization & Organizational Chart........................22 Acknowledgment of Addenda .................................................................23 Licenses and Certifications .....................................................................26 Additional Materials ................................................................................33 4 Exhibit B – Proposer’s Statement of Qualifications Form Please provide requested information in full. Proposers who do not provide the requested information or submit a full and complete Proposer’s Statement of Qualifications Form may have their proposal deemed unresponsive during the selection process. All information provided by the proposer will be subject to verification by the City.
1. CONTRACTOR INFORMATION
The primary contact shall be the person with the authority to negotiate contracts with the City.
Indicate what type of entity (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture: ______________________________________ Primary Contact and Title: ___________________________________________________________ Legal Address of Contractor: _________________________________________________________ ________________________________________________________________________________ Primary Contact Phone Number: ______________________________________________________ Primary Contact Email Address: ______________________________________________________ Number of employees: _____ Number of years in business: _____ Federal Employer I.D. Number.:_____________
A detailed statement indicating whether Proposer is totally or partially owned by another business organization or individual: ________________________________________________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures and/or corporate officers having a principal interest (10% or greater) in the proposing firm.:
________________________________________________________________________________ All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows:
________________________________________________________________________________ The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
________________________________________________________________________________ ________________________________________________________________________________ California S Corporation
Shane Caswell, Area Vice President
14048 Valley Blvd., City of Industry, CA 91746
800-336-3636
[email protected]
1,724 65
95-4313271
Arakelian Enterprises, Inc. dba Athens Services
Arakelian Enterprises, Inc., is owned by the Arakelian family Ron Arakelian, Jr., Owner/Officer Ron Arakelian III, Owner/Officer Michael Arakelian, Owner/Officer Adam Arakelian, Owner/Officer 14048 Valley Blvd., City of Industry, CA 91746 800-336-3636 NA
626-413-0661
Arakelian Enterprises, Inc., DBA Athens Services, is owned by the Arakelian family 626-413-0661
5 Any failures or refusals to complete a contract and explanation:
______________________________________________________________________________
2. DESIGNATION OF SUBCONTRACTORS
Provide a list of all subcontractors to perform work on this contract, including relevant licenses, permits, and certifications. Attach a separate sheet, if necessary.
Subcontractor Name, Phone,
Email Work to Be Performed Relevant Licenses, Certifications, Permits
3. CONTRACTOR’S AND SUBCONTRACTOR’S QUALIFICATIONS
Describe Contractor’s experience in providing relevant services, including any relevant work for governmental agencies. Include a description of Contractor’s and any subcontractor’s core-competency and experience with similar work that is described in the Scope of Services. Attach a separate sheet, if necessary.
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
4. LICENSES AND CERTIFICATIONS
Provide a listing of any relevant certifications, permits, or licenses for Contractor’s or subcontractor’s personnel and equipment use, including:
Describe below each certification or license, if it is held by the Contractor or subcontractor personnel, NA
NA
SEE ATTACHED WORK STATEMENT AND QUALITY CONTROL PLAN.
6 the license number and type. Copies of licenses and certifications must be provided at time of proposal submission and be kept current throughout the entirety of the contract. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
5. WORK STATEMENT AND QUALITY CONTROL PLAN
Provide a statement of Contractor’s understanding of the work to be done, a description of the methods and techniques to be used by the proposer to achieve the objectives of the contract, and a positive statement of commitment to perform the work that is described in the Scope of Services. Proposer must reference all duties as listed in the Scope of Services. Proposer must note any services NOT provided by their firm. Attach a separate sheet, if necessary.
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Describe if and how promptly Contractor will provide services in the case of overnight or weekend emergency repairs.
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Describe how Contractor shall seek to attain the quality of service set forth in the RFP. Describe the firm’s quality control processes that will be adhered to during the term of the agreement, such as the firm’s ability to control costs and provide accurate and timely invoices through internal control measures; to monitor and stay within budget; to monitor schedule and review times and describe the techniques used to complete projects within the proposed time frames. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
6. LIST OF REFERENCES
Please provide current references for 3 past or existing clients of similar services performed in California of the nature and scope as set forth in the RFP within the last five (5) years. References for public agency projects are preferred.
SEE ATTACHED WORK STATEMENT AND QUALITY CONTROL PLAN.
SEE ATTACHED WORK STATEMENT AND QUALITY CONTROL PLAN.
SEE ATTACHED WORK STATEMENT AND QUALITY CONTROL PLAN.
SEE ATTACHED WORK STATEMENT AND QUALITY CONTROL PLAN.
Motor Carrier Permit, EPA ID, CARB Vehicle Compliance Certificate, CERS Transfer Confirmation, LACFD Facility Permit, Paramount Business License, Storm Water Discharge Permit
7 A. Client: ____________________________________________________________________ Contact Name / Title: _________________________________________________________ Phone Number / Email Address: ________________________________________________ Description and date of services provided: _________________________________________ B. Client: ____________________________________________________________________ Contact Name / Title: _________________________________________________________ Phone Number / Email Address: ________________________________________________ Description and date of services provided: _________________________________________ C. Client: ____________________________________________________________________ Contact Name / Title: _________________________________________________________ Phone Number / Email Address: ________________________________________________ Description and date of services provided: _________________________________________
7. PROOF OF INSURANCE
In a separate attachment, provide proof of insurance, as specified in the attached Professional Services Agreement.
8. ORGANIZATIONAL CHART
In a separate attachment, provide an organizational chart that reflects titles of key staff and management contacts of each individual assigned to provide services under this Proposal. Included in the organizational chart, please list all sub-contracted work to individuals/firms.
After contract execution the Contractor should not substitute key personnel (project managers and others listed by name in the cost proposal) without prior written approval from the City. The Contractor must request and justify the need for the substitution and obtain approval from the City prior to use of a different sub-Contractor on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost.
Contractor’s Signature: ___________________________________ Date: ____________ Hermosa Beach
Street sweeping, power washing, scrubber,
porter service, and graffiti removal since 2010
Ells Freeman, Public Works Superintendent
(310) 318-0214
Manhattan Beach
Bruce Moe, City Manager
(310)802-5053
Street sweeping, power washing, porter
service, and graffiti removal since 2010
Temple City
Abel Andrade
(626)407-5106
Street sweeping since 1987.
Aug. 17, 2022
Monrovia
Kevin McCune, Public Works Director
(626) 932-5575 / [email protected]
Street sweeping, power washing, porter service, graffiti removal, residential and commercial collection since 2016 8 Exhibit C – Cost Proposal Form
Please provide requested information in full. Proposers who do not provide the requested information or submit a full and complete Cost Proposal Form may have their proposal deemed unresponsive during the selection process. All information provided by the proposer will be subject to verification by the City. Cost proposals, both printed and electronically, shall be submitted in a separate sealed envelope with the proposal.
Route/Scheduled Day /Time Cost per 2-hour window of sweeping Weekly Friday, 6 AM to 8 AM
Weekly Friday, 8 AM to 10 AM
Weekly Friday, 10 AM to 12 PM
1st Wednesday, 8 AM to 10 AM
1st Wednesday, 10 AM to 12 PM
2nd Wednesday, 8 AM to 10 AM
2nd Wednesday, 10 AM to 12 PM
1st Thursday, 8 AM to 10 AM
1st Thursday, 10 AM to 12 PM
1st Thursday, 12 PM to 2 PM
2nd Thursday, 8 AM to 10 AM
2nd Thursday, 10 AM to 12 PM
2nd Thursday, 12 PM to 2 PM
1st Friday, 8 AM to 10 AM
1st Friday, 10 AM to 12 PM
1st Friday, 12 PM to 2 PM
2nd Friday, 8 AM to 10 AM
2nd Friday, 10 AM to 12 PM
2nd Friday, 12 PM to 2 PM
3rd Wednesday, 8 AM to 10 AM
3rd Wednesday, 10 AM to 12 PM
4th Wednesday, 8 AM to 10 AM
4th Wednesday, 10 AM to 12 PM
3rd Thursday, 8 AM to 10 AM
3rd Thursday, 10 AM to 12 PM
3rd Thursday, 12 PM to 2 PM
4th Thursday, 8 AM to 10 AM
4th Thursday, 10 AM to 12 PM
4th Thursday, 12 PM to 2 PM
3rd Friday, 8 AM to 10 AM
3rd Friday, 10 AM to 12 PM
3rd Friday, 12 PM to 2 PM
4th Friday, 8 AM to 10 AM
4th Friday, 10 AM to 12 PM
4th Friday, 12 PM to 2 PM
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
$ 264.31
9 Monthly Tuesday, 6 AM to 8 AM
Monthly Tuesday, 8 AM to 10 AM
Monthly Tuesday, 10 AM to 12 PM
Additional Sweeping Services Cost
During business hours $_______________ per __________
After Business hours (evenings,
weekends, holidays)
$_______________ per __________
Emergency During business hours $_______________ per __________ Emergencies After Business hours $_______________ per __________ Sidewalk sweeping during Business hours
Sidewalk sweeping after Business hours
Changes
Net addition of curb miles that will trigger a
change order:
Price per curb mile added (above trigger):
In a separate attachment, Proposer is required to submit hourly rates for all types of personnel required to perform the services described in this RFP, including hourly rates for 24-hour emergency service calls, including removals and trimmings, with a response time of no more than four (4) hours. Proposer must state if the proposed rate is guaranteed for the term of an agreement (if awarded) or if it is subject to adjustments. If subject to adjustments, Proposer must state the frequency of adjustments and how adjustments are determined.
Pursuant to and in compliance with your Request for Proposals and the other documents relating thereto, the undersigned proposer, having familiarized himself with the work as per the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform, the contract and complete in a workmanlike manner all of the work required in connection with professional Street Sweeping Services services in the City, all in strict conformity with the specifications and other contract documents on file at the office of the City Clerk.
Contractor’s Signature: ___________________________________ Date: A________ ug. 24, 2022 ___ $ 264.31
$ 264.31
$ 264.31
200 Hour
300 Hour
400 Hour
600 Hour
$ 46.80
$ 51.48
$ 51.48
5 10
CERTIFICATION OR PROPOSAL
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal.
1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2) By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5) The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6) The proposal shall be valid for 90 days from the date of submittal.
Name of Proposer:
By:
(Authorized Signature) Type Name:
Title:
Date:
Arakelian Enterprises, Inc., dba Athens Services
Gary Clifford
Executive Vice President
Aug. 24, 2022
11 Work Plan
If awarded the contract, Athens will work with the City’s current contractor to ensure a seamless transition and implement service. We will review the City’s maps and utilize our logistics team to optimize routes to minimize impacts on roads, traffic, and pedestrians. Drivers will be trained on the route and schedule. We will coordinate all aspects of the transition with City staff and provide frequent communications and updates.
Each driver will perform a pre-trip and post-trip sweeper inspection daily.
The inspection will be documented on a Driver Vehicle Inspection Report (DVIR). Any necessary repairs will be completed that night, or the backup sweeper truck will replace the sweeper until repairs are completed.
Safety First, Always!
Athens drivers undergo extensive safety training that meets CHP requirements and serves as a model for the industry. In addition, our vehicles undergo daily inspections and regular maintenance to keep them in top operating condition to extend the useful life of the vehicles and keep maintenance, repair, and replacement costs down. With a fleet of 50 street sweeping vehicles serviced by trained mechanics at several yards nearby, Athens can maximize economies of scale.
Athens’ top priority is to provide excellent service. Our street sweeping team is committed to maintaining communication with City staff to keep service quality high and immediately resolve any issues. Athens drivers are trained to report any issues that affect service levels.
Our crews are committed to keeping the streets clean and improving street safety. Our focus is to quickly, safely, and completely remove debris, sand and gravel, standing water, leaves, and other loose materials that could present a road hazard.
Doing so protects stormwater from run-off in compliance with all applicable National Pollutant Discharge Elimination System (NPDES) regulations. In addition, it helps with vector control of mosquitoes and other pests
Local, Responsive Customer Service
Our Irwindale office, 5355 S. Vincent Avenue, phone no. (888) 336-6100, houses our Customer Service Department. It operates from 7:00 a.m. to 5:00 p.m. on weekdays and 7:00 a.m. to noon on Saturdays, with English, Spanish, and 175-language capabilities. Customer service representatives use the latest software to facilitate quick responses.
In addition to phone support, customers have access to online chat and other self-service options through athensservices.com. We understand the importance of the valuable service we provide to the City. Therefore, we are committed to providing the best possible customer service to residents and business owners. We will acknowledge complaints within 12 hours of receipt and resolve 90% within 72 hours of receipt.
Responding to Complaints
Complaints from the City will be given the utmost priority. In addition to having a local call center, City staff will have the ability to connect directly with the sweeping supervisor and manager designated to the City. This will ensure complaints are responded to quickly, within 24 hours, and resolved to the City’s satisfaction. This also includes emergency requests.
Work Statement and Quality Control Plan
Athens has thoroughly reviewed the City of Lomita Street Sweeping RFP scope of work and agrees to its requirements. We will provide the high-quality service expected by the City, its residents, and businesses.
Athens is confident in our ability to exceed the primary objectives of the required services. Athens has extensive experience street sweeping, picking up debris to free the flow of water in gutters, and maintaining streets in a state of cleanliness.
Athens’ operational motto is “leave it better than you found it.” This is our approach to servicing our cities and customers. Athens takes pride in providing an essential service to our cities, residents, and businesses.
Athens shares the City’s expectations of responsive, professional, high-quality service. We are committed to daily excellence. Our primary goal is to keep streets and parking lots free of debris and prevent contamination of local waterways.
Rest assured that with Athens, street sweeping would not skip a beat. We will provide the dependable and quality street sweeping that the community expects from a trusted partner. Athens is more than just a contractor - we are your zero-waste partner.
EXHIBIT A | SCOPE OF SERVICES
12 Scope of Work Approach
Athens agrees to perform the work listed in the Scope of Services, Exhibit A. Athens Services street sweepers will clear all debris to ensure water flows freely and maintain street cleanliness. Most debris is removed in a single pass; however, the Athens sweeper will make another pass where necessary, or the driver will manually remove debris. This level of service is included in the pricing in this proposal.
Athens has 33 years of municipal street sweeping experience. Today, Athens manages the largest street sweeping operation in the region, currently serving more than two dozen municipalities.
Athens meets and enforces the highest standards of street sweeping performance. If a swept area is left in an unsatisfactory condition based on the Public Works Director or designee, Athens will sweep the area again until it is clear of debris within 24 hours of being notified.
Athens will provide all labor and equipment necessary to perform street sweeping services in the City of Lomita in accordance with this Agreement, on the following terms and conditions.
All streets and alleyways in the City - with or without curb and gutter - will be swept under the terms of this agreement in addition to the specified parking lots. Each section or portion of THE street that is posted with “street sweeping signs” that temporarily prohibit vehicular parking during the posted times, will be swept during the posted times.
Each section or portion of the street that is not posted, either with or without curb and gutter, will also be swept, according to the schedule provided by the City. Every attempt will be made to sweep the curbside of each street unless prohibited by vehicles or other obstructions that render the provision of service impossible or hazardous in each specific circumstance.
As non-posted streets become posted, the cost for including assurance for sweeping each curb line and gutter or each curbside will already be included in the unit price for this proposal. Therefore, the event of adding posted streets individually or en masse will not constitute an increase in the scheduled and required service provision or compensation thereof under the terms of this contract, and will not be considered, classified or categorized as extra nonemergency work.
Athens acknowledges that the City recently approved new maps for sweeping, Attachment A, and that the City Council may consider changes to the maps prior to City modifications of the signs, and at any time during the agreement period. Athens notes that several streets were missed on the maps, and will likely be added to the maps at the start of the contract:
• Woodward Ave from 245th St to Lomita Blvd
• 247th St from Abita Ave to Walnut St
• Abita Ave
• Cayuga Ave from 258th Pl to 259th St
• Fairview Ave from Appian Way to 263rd St
Athens acknowledges that special attention areas may be added to the list at a later date or covered under an hourly non-emergency basis.
Sweepers will remove all visible debris along curbs and medians. Some cul-de-sacs and parking lots will require hand sweeping of the corners or vacuumed into the sweeper. Regular machine sweeping of streets shall be accomplished in accordance with additions or deletions as allowed in PARAGRAPH 3.17, ADDITIONS/DELETIONS.
Athens will not limit the number of times that the sweeper debris hopper is emptied for any given route in order to meet quality standards identified in PARAGRAPH 3.04. Sufficient water will be used to prevent visible dust.
Business hours will be considered from 6 AM to 4 PM Monday through Friday.
13 B. DESCRIPTION OF REQUIRED SERVICES AND EXPERIENCE
The primary objective of street sweeping is to pick up all debris to ensure the free flow of water in the gutter, reduce materials entering the storm drain system, and to maintain the streets in a state of cleanliness. Athens will remove all debris from all streets according to sweeping maps (Attachment A).
The primary objective of street sweeping is to pick up all debris to ensure the free flow of water in the gutter, reduce materials entering the storm drain system, and to maintain the streets in a state of cleanliness. Athens will remove all debris from all streets according to sweeping maps (Attachment A).
In addition, all City parking lots are to be swept on a monthly basis. These include:
• City Hall/County Building and Safety and Hazardous Materials/County Library parking lot located southeast of the intersection of Narbonne Avenue and 242nd St.
• The City-owned Parking Lot located at the Northeast corner of Narbonne Avenue and 245th St. (not currently posted with designated time frames for street sweeping).
• The series of “angled parking stall- parking lots”, in addition to and including the accessible locations of their collective contiguous drainage channel. Both the angled parking stall-parking lots and the drainage channel are located along the west side of Narbonne Avenue, spanning from approximately the northern border of the City to the intersection of Narbonne Avenue and Lomita Boulevard. • City Lot on the west side of Narbonne
• Two City lots on Eshelman at Lomita Park
• City lot at the Railroad Museum
Items of excessive size, such as cardboard, palm fronds, large rocks, etc., will be physically picked up and placed in the sweeper by Athens. We will make as many passes as are required to deliver high-quality results.
A designated supervisor will audit sweepers and routes daily to ensure adherence to every facet of the scope of work.
In addition, if the sweeper is unable to capture debris around or adjacent to a bulb out, the operator will physically pick up and remove debris or move debris into the path of the sweeper to ensure removal from the area being swept. This service will be included in the price at no additional cost to the City.
Athens is experienced in sweeping significant topographical elevation changes that will create additional surface runoff during the rainy season.
Athens will have equipment available, although it may not be routinely used, to provide deeper cleaning in the event of emergency situations including mud/debris from heavy rain events.
These will include the historically impacted streets immediately south of Pacific Coast Highway, such as Hillworth Avenue, Saddle View Road, Pennsylvania Avenue, Viana Avenue, Cypress Street, Lucille Avenue and Narbonne Avenue.
In regard to the City’s high priority storm drains for cleaning drains, Athens will adequately clean the streets that directly feed the storm drains. Sweeping will be performed as requested and compensated in accordance with the Scope of Work.
Experience
Athens’ street-sweeping experience began in 1987 in the City of Temple City, Rosemead, and Monterey Park, to name a few. Today, Athens is proud to provide street sweeping services to 25 communities and two county agencies in the Southland.
Areas to be Cleaned
All City streets including arterial, collector, industrial, residential and commercial, cul-de-sacs, alleys, parking lots, and median curbs will be swept. The frequency will be once per week, twice per month, or once per month according to the Exhibit E maps.
The entire length of all curbs (including bulb outs, median curbs and curb returns), uncurbed pavement edges, painted (2-way) left turn lanes and flush concrete or paved median noses will be swept each time the associated street is swept. The entire area of each intersection will be swept. The balance of each street will be swept as needed. In any case, no debris will be left on the street pavement after sweeping is completed.
Within parking lots or other parking areas, debris caught between car stops and major crevices, Athens will blow out debris to allow sweeper to pick up or pick up by hand.
Standard of Performance
Athens meets and enforces the highest standards of street sweeping performance. If a swept area is left in an unsatisfactory condition based on the Public Works Director or designee, Athens will sweep the area again until it is clear of debris within 24 hours of being notified. 14 We will sweep all locations as described and use good sweeping practices, as dictated by industry standards and in accordance with California and County Storm Water BMP Handbooks. When necessary, we will make adjustments to equipment. Sweeping speeds will be adjusted based on street conditions with a maximum speed of six (6) miles per hour.
Athens employees will wear neat, clean uniforms, carry identification and commercial driver’s licenses, and conduct themselves appropriately.
Athens has a zero-tolerance policy for drug and alcohol use on the job.
Additional services including emergency call-outs or other instances as requested by the Public Works Director will be handled by one (1) sweeper unless a greater number is agreeable to Athens. Payment for such requests will be based upon the rate specified in Exhibit C.
C. CHANGES IN SERVICES
Athens acknowledges that, during the term of this agreement or any extension thereof, the City may elect to increase or decrease the frequency or amount of street sweeping services and will notify Athens by written change order. The unit price for change order sweeping will be at the contract unit price specified in Exhibit C. The proposal will also include a net increase in curb miles that would trigger a change order and the rate of additional miles or added time.
D. SCHEDULE OF PERFORMANCE
Street Sweeping Schedule
1) Days. Routine street sweeping will be conducted Tuesday through Friday unless otherwise approved by the Public Works Director. 2) Hours. Standard operating hours for sweeping under this Agreement will be determined by the City and Athens in accordance with approved maps (Exhibit E). Athens will complete all sweeping as scheduled; mechanical failure or personnel problems will not be the acceptable reason for failure to perform services. No changes to the sweeping schedule will be allowed without the prior approval of City. 3) Holidays
All sweeping will be completed according to Exhibit E, except on the following holidays:
• New Year’s Day, January 1
• Martin Luther King Jr. Day
• President’s Day
• Memorial Day
• Independence Day, July 4
• Labor Day
• Veterans Day
• Thanksgiving Day
• Day after Thanksgiving Day
• Christmas Day, December 25
• December 26
• December 27
• December 28
• December 29
• December 30
• December 31
E. CHANGES IN SCHEDULE DUE TO WEATHER CONDITIONS
Scheduled sweeping will not be canceled for inclement weather without approval of the Public Works Director or her/his designee.
During inclement weather a two-hour standby period will be observed before a day of scheduled sweeping will be canceled. City reserves the right to suspend street sweeping functions on a day-to-day basis.
Make-up sweeping will not be allowed due to inclement weather and cancellations without the approval of the Public Works Director or her/ his designee.
F. DISPOSAL AND RECYCLING OF MATERIALS
Athens will transport and dispose of all sweeping in accordance with all City, County, State, and Federal requirements.
Athens’ mission is landfill avoidance, and our goal is to achieve the highest diversion rates possible. We transport and sort recyclables from collected material at company-owned, state-of-the-art materials recovery and composting facilities. Athens will submit documentation of recycling and diversion regularly to the City as outlined in the scope of work. Athens will relocate, completely remove, or discontinue use of such disposal sites at the direction of the Public Works Director.
Athens shall report on a monthly basis the tonnage of sweepings collected and the tonnage disposed of at a composting or recycling center and the name and address of the facility, as well as the diversion rate from landfills.
G. STREET SWEEPING EQUIPMENT
Athens equipment will be kept well-maintained, neatly painted, and meet other reasonable standards as may be established by the Public Works Director. Adequate backup equipment will be available at all times to service the City. Athens will accommodate an annual inspection of equipment if required.
Equipment Listing
• Make/model - Tymco Model 600, both primary and backup • Year – TBD
• Condition – Good
• Operational - Yes
Athens’ sweeper fleet is appropriate for servicing the City including streets, medians, alleys, parking lots, and angled parking. Athens uses only the best sweeper for each area to be adequately and safely swept.
Athens’ fleet includes vacuum and broom sweepers, as appropriate, for meeting all requirements of this Agreement and all regulatory requirements of outside agencies such as the South Coast Air Quality Management District (AQMD), the California Air Resources Control Board, and the Municipal NPDES Permit No. CAS004004.
15 Vehicles and equipment used in accordance with sweeping activities meet all applicable local, state, and Federal air quality laws, rules, and regulations including but not limited to the South Coast Air Quality Management District Rule 1186 relating to alternative-fueled sweeping equipment. Equipment meets all applicable certifications for PM 10 and other pollutants as set forth by the South Coast Air Quality Management District. Athens will submit proof of certifications to the City on a bi-annual basis.
Athens’ fleet features the TYMCO Model 600, which is both extremely reliable and incredibly powerful. Whether sweeping city streets during leaf season, cleaning up on a construction site, or sweeping behind a milling machine or road reclaimed, getting the job done with the Model 600 is quick to perform and easy to operate. The vehicles include the highly efficient TYMCO Regenerative Air System that provides unprecedented reliability and delivers incredible performance while providing an amazingly clean sweep. The Model 600 is, quite simply, the sweeper that changed the industry.
Sweepers also will be equipped with two-way radios and cell phones.
Athens will provide drivers with manual push brooms and shovels to clean and sweep areas such as narrow cul-de-sacs, median noses, and portions of left-turn pockets.
GPS Technology
The sweepers will be equipped with the time-tested and proven Teletrac Fleet Director GPS system. This system provides real-time monitoring of day-to-day sweeper operation. Teletrac provides key metrics, including broom deployment and retreat, vehicle speed and direction, miles traveled, and miles swept. Tachometers will serve as a backup if needed.
Drivers will communicate via two-way radio and cell phone.
All vehicles are maintained in good repair, appearance, and sanitary conditions at all times. All vehicles and equipment used by Athens within the City limits will be clearly identified, on each side of the vehicle or equipment, with Athens’ name and telephone number.
Vehicles will have a magnetic sign easily legible from a distance of fifty (50) feet along indicating this sweeper is providing service under a contract with the City of Lomita. Vehicles will be equipped in accordance with State laws, including safety hazard lights visible from the rear that operate independently of the brake lights.
Equipment and Use of Equipment
Athens’ street sweeping equipment meets the following requirements:
A. Street sweeping equipment in conformance with the highest standard of street sweeping. Street sweeper speed and broom pattern shall be in accordance with the manufacturer’s recommendations. While operating, street sweepers at work will not exceed a maximum speed of 7 mph; sweepers when driven will have a maximum of the posted speed limit.
B. Standard heavy street sweeping equipment as necessary to clean the City streets of paper, dirt, rocks, leaves and debris.
C. Athens will use equipment deemed acceptable by express approval of the Public Works Director. We will provide a minimum of one (1) relief sweeper for each sweeper planned to be used to perform the contract work. Athens will have all sweepers return to the yard for washouts and hopper cleaning. All equipment will be:
a. Standard full-size motorized street sweeper;
b. Tymco 600 models with dual gutter brooms;
c. Clean and in good working condition;
d. Maintained in top running condition, including arriving clean, in proper working condition, and fueled for each daily schedule; e. Equipped with an electronic or mechanical tachograph capable of recording sweeping speed, start-stop, operating time, and non-operating or travel time;
f. Equipped with a mechanically or magnetically attached sign on each side of sweeper reading “This sweeper is under contract with the City of Lomita”. The sweeper will also be identifiable with the company name and phone number on each side along with office telephone number.
g. Alternative equipment may be used for specific areas (i.e. narrow streets and alleys) if noted in the proposal with detailed explanation provided.
D.Athens’ equipment will be subject to inspection by the Director of Public Works or designee and upon notification in writing that any equipment does not comply with the standards herein, such equipment will be removed from service and not again so used until inspected and approved in writing by the Director or of Public Works or designee.
E. Sweeper will have a dual gutter broom.
F. All vehicles will be equipped with an operational rotating amber light when parked or used on public streets. Athens will use light warnings instead of loud sound signals except where required by law for the protection of personnel.
G. Athens will submit a list of equipment intended for use in the City of Lomita as part of the proposal package.
16 H.Water for Dust Control. Athens will provide sufficient water for use street sweeping operations to maintain a near dustless condition.
Athens will coordinate with the Public Works Director in advance to identify regular location(s) for water access. Athens will comply with all rules and regulations of the City relating to the use of water.
H. SPECIAL EQUIPMENT
Athens sweepers servicing the City are equipped with a GPS Navigation system, which provides:
• real-time GPS tracking of vehicles with a maximum update time of three (3) minutes;
• historical GPS data by vehicle for a minimum of sixty (60) days; • speed monitoring of vehicle;
• Report capability on demand, to provide activity data, route, start/stop times and locations, idle time, speed record by day or route.
I. EQUIPMENT STORAGE
Athens will store equipment at the Paramount Yard. No material and equipment will be stored where it will interfere with the free and safe passage of public or traffic. At the end of each day’s work and at all other times when sweeping operations are suspended for any reason, Athens will remove all equipment and other obstructions from the roadway and open it for use by traffic.
J. TRAFFIC COUNTERS
The City may at various times and locations temporarily install portable traffic counting equipment of the type which is activated by vehicles coming in contact with a hose placed in the roadway. Caution will be used to avoid damaging said equipment. If, while in the performance of its contract duties, Athens damages or causes to be damaged any of the aforementioned traffic counting equipment or appurtenances, Athens will bear the entire cost for the restoration, repair, inspection, testing or replacement of said damaged equipment.
K. PARKING ENFORCEMENT OFFICER – COORDINATION
Athens will coordinate sweeping activities with the Parking Enforcement Officer, including route of travel.
L. ATHENS/CITY COMMUNICATION
Throughout the period of this Agreement, Athens will establish and maintain an office and have an authorized Supervisor as the point of contact for communications with the City.
Athens’ office will have a twenty-four (24) hour telephone service and a responsible person in charge seven (7) days a week to receive all requests for emergency service, which are forwarded by the City. Athens will respond and provide emergency service within two (2) hours from the time a call is placed by the City. Requests for routine service or complaint issues will be resolved expeditiously within the following 24-hour period.
Athens will report to the Director of Public Works any encroachment of vegetation that impairs the ability to sweep.
Athens will report without delay any damage to City equipment, City property, or private property. Athens will be liable for damages caused by our action. Any repairs and associated cost resulting from such damage will be the responsibility of Athens.
M. ATHENS EMPLOYEES
Athens team members wear a clean uniform bearing the Athens name.
Employees who normally and regularly come into direct contact with the public will also bear some means of individual identification, such as a nametag or identification card. Employees will not remove any portion of their uniform while working within the City. Employees driving Athens vehicles will at all times possess and carry a valid Commercial Driver’s License as applicable issued by the State of California.
Should for any reason an Athens team member employee be unsatisfactory in the opinion of the City, Athens, when notified in writing, will remove that team member from the job and replace them.
Prior to returning a removed employee to work within the City, Athens will provide in writing the reason for the individual’s behavior and the means used to prevent this behavior from occurring again.
Level of Supervision. Athens shall provide adequate supervision as to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work. The field supervisor or his/her representative shall check with the Department of Public Works weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance.
The Supervisor shall be in the City at least 10 percent of the time while work is in progress or Athens will pay a $500 penalty per month for failing to meet that requirement.
17 Approval of Supervisor. Athens will provide in writing to the City (before starting work under this agreement) the name of the Field Supervisor.
After approval of the Field Supervisor, Athens will submit a written request to the City if a substitute is needed. The Supervisor will have at least two years practical experience in supervision.
Emergency Telephone Numbers. Athens will provide at least two (2) telephone numbers of qualified persons who can be called anytime that the Athens representative is not immediately available at the job site.
Athens also will provide an emergency 24-hour number to contact a representative who can take the necessary action required to alleviate an emergency condition.
N. SWEEPING PRACTICES
Athens will at all times use good sweeping practices as dictated by standards within the sweeping industry and will make adjustment to its equipment as necessary. Due care so as to prevent spilling, scattering, or dropping of debris during the sweeping activity, and will immediately clean up any. Sweeping practices include, but are not limited to the following:
• Sweeping speed will be adjusted to street conditions with a maximum speed of seven (7) miles per hour. Patterned concrete medians, intersections, and crosswalks will be swept at a maximum speed of three (3) miles per hour. Athens may suggest alternate speeds if manufacturer’s recommendation and industry standards state that alternate speeds are safe and effective.
• Sweepers will be operated as close to parked cars or other obstacles as safety allows. For debris caught between car stops and major crevices within any parking lot, Athens shall blow out debris to allow the sweeper to pick up or remove it by hand.
Barriers
Athens will provide all labor, materials and equipment to install barriers advising the public of hazards due to cleaning. Upon completion of the work, Athens will promptly remove all signs and warning devices.
If the City determines Athens to be neglectful or negligent in furnishing warning and protective measures, Athens will furnish and install corrective measures as required at the company’s expense.
Possible Area Closure
In the event any of the work area is unusable for any reason, including acts of nature or vandalism, the Director of Public Works may declare a closure of any portion of the work area.
Parking Lot Cleaning
Prior to sweeping, Athens will inspect parking lots for areas of heavy oil deposits or excessive oil buildup and will call the City Public Works Street Crew at (310) 597-6429 to absorb any excess visible oil deposits.
Materials to be Provided by Athens
At the company’s expense, Athens will furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to fulfill this agreement and to accomplish an acceptable and professional level of cleaning.
O. ROUTING AND SWEEPER AVAILABILITY
Athens will develop street sweeping routes and propose them to the City subject to the approval of the Public Works Director. Routes and schedules will be consistent with the Street Sweeping Scheduling Maps (Exhibit D) and the sweeper will stay off of private streets (Attachment F). Changes to the street sweeping schedules require City Council approval.
Sweeping routes will be provided to the City no later than seven (7) days prior to the initiation of sweeping operations or changes in operation and subject to the Public Works Director approval. The City reserves the right to request changes in routing or hours of operation at any time. Any and all sweeper breakdowns and repairs will be reported immediately to the Public Works Director, or designated representative.
Any changes to the routes or sweeping schedule will include a version and date approved by the City to avoid confusion. The most current schedule and route will be carried in the sweeper.
P. CONSTRUCTION-RELATED PROBLEMS AND STORM DEBRIS
Dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Contractor if located within five hundred (500) feet of an identified construction site, and is reported immediately to the city when discovered. Athens will totally clean all dirt and debris carried by traffic to areas beyond five hundred (500) feet of an identified construction site this limit and will report it immediately to the city when discovered. Storm clean up and sweeping will be completed as soon as possible, including night sweeping if authorized by the City.
Q. RECORDS AND REPORTS
Along with the invoice for services, a report will be submitted to the City, monthly, comprising the following:
• Daily Log Report of all streets swept and a description of any special services performed. The log will be signed by the Supervisor on a daily basis. Each month, a report will be prepared from the daily log giving a brief description of all routine special and emergency activities. The log should also include data such as date, time, and speed with which sweeping occurred each day.
• Deficiency/Missed Area Report of any deficiencies in sweeping and state the reason. Recurring deficiencies will require a corrective action plan. Any missed streets, routes or lots will be proportionately deducted from the invoice.
18 • Emergency Calls. Athens will maintain a log of emergency calls for the City, and information will be submitted to the City, as part of the monthly report, in an easy to read format
• Amount of Debris collected and disposed during sweeping activities as part of the monthly report, in a tabulated, easy to read format. • Recycled Debris deposited at a composting or recycling facility. The record will also identify the name and address of the facility along with other required information. This information will be submitted to the City, as part of the monthly report, in a tabulated, easy to read format.
• Complaints. All complaints are to receive a follow-up response within twenty-four (24) hours following notification of the Contractor. A report of the Contractor’s investigation and the corrective action taken will be made promptly by the Contractor to the Public Works Director.
Complaints received directly by Athens will be submitted in writing electronically to the City on the day such complaints are received.
Athens will maintain a log of complaints received and corrective actions implemented which will be submitted to the City each month.
Equipment Maintenance/Repairs done on street sweepers servicing City Hall be submitted as part of the monthly report.
R. RESTORATION AND REPAIR, OBSTRUCTIONS AND CLEAN-UP
Athens will become familiar with all existing installations, both public and private, on the work site and will provide adequate safeguards to prevent damage to existing structures and improvements. All fences, wall, slopes, landscaping, and other obstructions which are removed, damaged, or destroyed in the course of work will be replaced and/or repaired, at Athens’ expense, to the original condition and to the satisfaction of the City.
Spills Material or Equipment Spills. Athens will make additional passes on street routes to pick up any spillage of sweeping materials, debris dropped during turns, or crossing of cross gutters prior to moving to the next area.
The equipment operator will immediately stop in the event of equipment spillage such as a spillage of diesel, motor oil or hydraulic oil. A call for assistance will be made by the operator and the area cleaned within two hours. If it is determined by the Public Works Director, or his designee, that Athens has failed to execute a proper cleanup, any/all costs incurred by City to do so will be deducted from the following invoice to be paid to Athens.
R. Restoration and Repair, Obstructions and Clean-Up
Athens will become familiar with all existing installations, both public and private, on the work site and will provide adequate safeguards to prevent damage to existing structures and improvements. All fences, wall, slopes, landscaping, and other obstructions which are removed, damaged, or destroyed in the course of work will be replaced and/or repaired, at Athens’ expense, to the original condition and to the satisfaction of the City.
Spills Material or Equipment Spills. Athens will make additional passes on street routes to pick up any spillage of sweeping materials, debris dropped during turns, or crossing of cross gutters prior to moving to the next area.
The equipment operator will immediately stop in the event of equipment spillage such as a spillage of diesel, motor oil or hydraulic oil. A call for assistance will be made by the operator and the area cleaned within two hours. If it is determined by the Public Works Director, or his designee, that Athens has failed to execute a proper cleanup, any/all costs incurred by City to do so will be deducted from the following invoice to be paid to Athens.
Stormwater BMPs, Training, and Documentation
Athens will comply with stormwater-related training required under Municipal NPDES Permit No. CAS004004. This may involve implementing and maintaining specific Best Management Practices (BMPs) to prevent pollutant loading as required.
Contracting staff whose primary job duties are related implementation of BMPs will be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Athens will certify that operators have received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and will provide documentation to that effect to the City.
S. MISCELLANEOUS SAFETY AND OTHER REGULATIONS
All equipment or vehicle defects disclosed by any governmental official and not requiring immediate correction will be corrected by Athens within two (2) weeks of notification.
T. COOPERATION WITH UTILITY AND OTHER COMPANIES
Athens will coordinate schedules with utility and construction companies that may be working concurrently with the work under this Agreement.
U. CITY SPECIAL EVENTS
Athens will provide street sweeping services free of charge in conjunction to a maximum of three (3) “Major” City sanctioned special events each year provided to Athens thirty (30) day prior to the event. The sweeping will be focused in the event area and associated City parking lots. 19 V. CONTRACT TERM
The term of the contract will be for a period of seven (7) years, with an option for renewal for three (3) one-year extensions, on an annual basis, based on Athens’ performance. The City reserves the right to unilaterally terminate the Agreement at any time upon thirty (30) days written notice to the contractor.
If the City chooses to extend the contract, a formal letter will be sent advising Athens of the one (1) year extension. This process will be used for each of the optional two (2) years.
New street sweeping areas, as developed or assumed by the City, may be added to the Service Agreement. Such additional scope of work will be considered change orders to the initial contract, and the value will be based on service unit prices provided in (Exhibit C), if applicable, and/or negotiated between the two parties of the contract.
Failure to Sweep
Should Athens fail to sweep, the City will deduct from the next monthly payment a sum of money equal to the number of hours not swept divided by the number of hours to be swept during the month times the monthly payment. 20 ATTACHMENTS
ATTACHMENTS..........................................................................................20 Proof of Insurance ..................................................................................21 Corporate Structure/Organization & Organizational Chart........................22 Acknowledgment of Addenda .................................................................23 Licenses and Certifications .....................................................................26 Additional Materials ................................................................................27 21 INSR ADDL SUBR LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
PHONE FAX (A/C, No, Ext): (A/C, No):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:
JECT LOC
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $ AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH- STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
AIG Specialty Insurance Company
National Fire & Marine Insurance Co
XL Insurance America, Inc.
Greenwich Insurance Company
3/01/2022
Marsh & McLennan Agency LLC
Marsh & McLennan Ins. Agency LLC
1 Polaris Way #300
Aliso Viejo, CA 92656
Matthew R McNab
800 321-4696 858-452-7530
[email protected]
Arakelian Enterprises, Inc.
Athens Services, Inc.
14048 Valley Boulevard
City of Industry, CA 91746
26883
20079
24554
22322
A X
X
X X EG6439324 03/01/2022 03/01/2023 1,000,000
300,000
25,000
1,000,000
2,000,000
2,000,000
D
X
X X RAD500042708 03/01/2022 03/01/2023 5,000,000
B
X
X
X 25,000
42UMO31038303 03/01/2022 03/01/2023 5,000,000
5,000,000
C
N
RWD500042608 03/01/2022 03/01/2023 X
1,000,000
1,000,000
1,000,000
A Pollution
Legal Liability
EG6439324 03/01/2022 03/01/2023 Claim: $10,000,000
Aggregate: $10,000,000
Evidence of Coverage
Evidence of Coverage
1 of 1
#S10497412/M10443126
Client#: 518443 ATHENENVIR
WOMRM
22 CORPORATE STRUCTURE/ORGANIZATION CHART
Arakelian Enterprises, Inc. (dba Athens Services or “Athens”) is a fourth-generation, local, family-owned, and privately held California corporation. The ownership includes three generations of the Arakelian family who remain involved in overseeing the business.
Arakelian Enterprises, Inc. has been doing business under its current legal structure since 1991. It is the successor to Athens Disposal Company, which commenced operations in 1957.
Shane Caswell – Area Vice President
Shane Caswell was appointed Division Vice President for Athens Services in 2018. His responsibilities include the safety, customer service, and financial operations of Athens’ South business operations, including Cerritos, Commerce, Downey, Lomita, and Paramount. Prior to joining Athens, Shane’s 25-year career was focused on the service/waste industry with management positions at companies including Waste Management, US Airways, and United Parcel Service. Shane’s education includes a Bachelor of Science degree in Finance from Penn State University and an MBA in Finance with honors from Wilkes University.
Cesar Ortiz – Sr. Operations Manager
Cesar Ortiz oversees operations of Athens’ entire fleet of 50 street sweepers. He is a graduate of Whittier High School and attended Rio Hondo College. From 2000 to 2006, he held several management positions. Cesar joined Athens in 2006 as an auditor, and has held supervisory and management positions in operations, sweeping, graffiti abatement, porter service, power washing, and city beautification.
Sharon Shapiro-Fox – Director of Government Affairs
Sharon Shapiro-Fox serves as Director of Government Affairs for Athens Services, focusing on the South Bay and Gateway Cities of Los Angeles County. Sharon joined Athens team in January, with five years of experience in the solid waste and recycling industry. She has over 10 years of political experience ranging from campaign work and management to working for and representing local elected officials in the City of Los Angeles. Sharon is a graduate of Whittier College with a degree in Political Science and double minors in History and Japanese.
23 CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomita.com/cityhall
ACKNOWLEDGEMENT OF ADDENDUM
STREET SWEEPING SERVICES
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm’s proposal.
The undersigned acknowledges receipt of Addendum No. 1 dated August 9, 2022 ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________
Arakelian Enterprises, Inc., dba Athens Services
14048 Valley Blvd., City of Industry, CA 91746
Gary Clifford
Executive Vice President
24 CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomita.com/cityhall
ACKNOWLEDGEMENT OF ADDENDUM
STREET SWEEPING SERVICES
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm’s proposal.
The undersigned acknowledges receipt of Addendum No. 2 dated August 10, 2022 ATTEST:
Principal:
Address:
By:
Title:
_____________________________________
_____________________
Arakelian Enterprises, Inc., dba Athens Services ________________ 6 _________14048 Valley Blvd., City __________________ of Industry, CA 9174 __________ Gary Clifford
_____________________________________
Executive Vice President _____________________________________ 25 CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomita.com/cityhall ATTEST:
Principal:
Address:
By:
Title:
_____________________________________
_____________________
Arakelian Enterprises, Inc., dba Athens Services ________________ 6 _________14048 Valley Blvd., City __________________ of Industry, CA 9174 __________ Gary Clifford
_____________________________________
Executive Vice President _____________________________________
ACKNOWLEDGEMENT OF ADDENDUM
STREET SWEEPING SERVICES
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm’s proposal.
The undersigned acknowledges receipt of Addendum No. 3 dated August 15, 2022 26 LICENSES AND CERTIFICATIONS
27 28
29 From: CERS Automated Messaging - DO NOT REPLY
To: David Oeffling
Subject: [EXTERNAL] Facility Transfer Request for CALMET SERVICES INC (CERS ID 10281409) of Organization CALMET SERVICES INC (PARAMOUNT, CA) to Organization Athens Services (City of Industry) has been Accepted Date: Friday, April 8, 2022 10:15:43 AM
CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.
Stephanie Daniels,
Your request for transferring the Facility "CALMET SERVICES INC" (CERS ID 10281409) from Organization "CALMET SERVICES INC (PARAMOUNT, CA)" to Organization "Athens Services (City of Industry)" has been accepted by Daniel Aguilar on April 8, 2022.
This is an automated email sent from the CERS System. Please DO NOT REPLY.
This is a courtesy email sent to you from the California Environmental Reporting System http://cers.calepa.ca.gov/
Contact: CERS Technical Assistance ([email protected]) ~~PMYJZOA~~
30 31
32 Phone: Email:
RWQCB Jurisdiction:
State Water Resources Control Board
NOTICE OF INTENT
GENERAL PERMIT TO DISCHARGE STORM WATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY (WQ ORDER No. 2014-0057-DWQ) (Excluding Construction Activities)
Name:
Address:
Address 2:
City/State/Zip:
Contact Name:
Title:
Phone Number:
Email Address:
Contact Name: Title:
Site Name:
Address:
City/State/Zip: Site Phone #:
County: Email Address:
Latitude: Longitude:
1. 2.
3. Receiving Water:
Site Size:
Industrial Area Exposed to Storm Water:
Percent of Site Impervious (Including Rooftops):
SIC Code Information
Facility Information
Operator Information
Additional Information
Storm Drain System:
Compliance Group:
Flow:
Type:
Status:
Level:
Federal Tax ID:
WDID:
Certification
Name:
Title:
Date:
Indirectly
Scrap and Waste Materials
[email protected]
[email protected]
JARED BLUMENFELD
17 Acres
Region 4 - Los Angeles
7202 Petterson Ln
Local Trucking Without Storage
213-576-6600
PO Box 91918
33.90667
Los Angeles
4 19I029747
Area Vice President
GAVIN NEWSOM
Stephanie Daniels
Environmental Comp. Coordinator
-118.1732
Los Angeles River Reach 2
Paramount CA 91746
David Oeffling
Shane Caswell
Paramount MRF & Truck Yard
Director of Environmental Compliance
4212
Athens Services
City of Industry CA 91715
626-413-0661
5093
800-336-3636
80 %
[email protected]
10.5 Acres
May 03, 2022
Private Business
Active
33 ADDITIONAL MATERIALS | OFFICIAL STREET SWEEPING CONTRACTOR FOR:
Agoura Hills Azusa Covina Glendora Hermosa Beach
Irwindale
La Verne Manhattan Beach Monrovia Monterey Park Palos Verdes Estates Redondo Beach
Pomona Rosemead Rowland Heights San Fernando San Gabriel San Marino Santa Ana Santa Paula Sierra Madre South El South Pasadena Temple City Monte
Powered by clean-burning
compressed natural gas, reducing
greenhouse gas emissions
Regenerative air system that
dislodges debris and does not exhaust
polluted air into the atmosphere
Equipped with onboard GPS that constantly
monitors truck speed and braking in
real-time to enhance safe operation
Athens exclusively uses TYMCO sweeper
trucks to deliver incredible performance
and an amazingly clean sweep
RELIABLE STREET SWEEPING
Athens’ street-sweeping service has grown from one city in the San Gabriel Valley to serving dozens of communities throughout Southern California. This service enhances collection service to keep your community safe, healthy, and clean.
Athens is unmatched in providing reliable street sweeping services that protect the environment. Athens’ sweeping team includes more than 50 drivers, expertly supported by mechanics, dispatchers, and customer service staff.