CITY OF PACIFICA
170 Santa Maria Ave, Pacifica, CA 94044
CONSTRUCTION SERVICES AGREEMENT
Pacifica Street Sweeping 2025-2028
DATE: 3/10/2025
1. IDENTIFICATION OF CONTRACTOR:
CONTRACTOR: SCA of CA, LLC
CALIFORNIA LICENSE NO: 1107868 CLASS: B – General Building
2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A.
COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement is (Six Hundred Thousand, Nine Hundred and Twelve Dollars) $635,000.00, to be paid as (check one): (1) lump sum; (2) lump sum with progress payments; (3) per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $635,000.00 All payments (check one):
shall shall not be subject to a five percent (5%) retention.
3. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:
Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.
Final Completion Date: July 1, 2028
4. TERMS AND CONDITIONS.
4.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):
Appendix A – Scope of Work
Appendix B – General Conditions
Appendix C – Insurance
Appendix D – Construction Labor and Materials Payment Bond Appendix E – Construction Performance Bond
Appendix F – Supplemental Conditions
4.02 The Contract Documents are the sole and exclusive provisions that govern the Work. Any provision contained in any Owner purchase order issued in connection with this Agreement or any Work shall be null and void and shat I have no force or effect.
4.03 Agreement number must appear on all invoices and correspondence. end invoices in duplicate immediately upon performance of Work ordered hereon or as otherwise provided in the Contract Documents to :
City of Pacifica, Department of Public Works,
170 Santa Maria Ave, Pacifica, CA 94044
CONTRACTOR: SCA of CA, LLC OWNER: City of Pacifica
_____________________________________
City Manager Signature
Regional Vice President
_____________________________________
Date
APPROVED AS TO FORM:
Date
ATTEST:
Michelle Marchetta Kenyon, City Attorney
Addresses for Notice:
Sarah Coffey, City Clerk
Addresses for Notices:
Citv of Pacifica
170 Santa Maria
Ave. Pacifica, CA
94044
3/3/2025
Brad Becker
Appendix A to Construction Services Agreement
SCOPE OF WORK
SGQ!GPS!
UIF!DJUZ!PG!QBDJGJDB!!
TUSFFU!TXFFQJOH!
TFSWJDFT!
Bids Due: Tuesday, September 24, 2024, at 5:00 p.m.
2/!Dpwfs!Mfuufs!
September 23, 2024
City of Pacifica
Attention: Dan Heath, Superintendent Streets/Motor Pool Public Works Department
155 Milagra Drive
Pacifica, CA 94044
Dear Mr. Heath, City of Pacifica Public Works Team, and City Administrators, On behalf of SCA of CA, LLC (“SCA”), we are pleased to present our response to your “RFP for the City of Pacifica Street Sweeping Services.” For more than nine years, it has been our privilege to serve as your professional street sweeping services provider. Our team provides the labor, supervision, process, tools, machinery, equipment, transportation, and material required to provide on-time, comprehensive, and efficient street sweeping services for residential and commercial streets, rights-of-way, and bike lanes for the City of Pacifica.
We are excited about the future. Our team is part of your community, and our San Jose colleagues are your neighbors and friends. Our response underscores our extensive experience in the industry, coupled with our profound understanding of the City of Pacifica, and needs of your businesses and residents. Looking ahead, we are enthusiastic about furthering our partnership with your organization. Our unwavering dedication to excellence drives us to incorporate continuous improvement into our daily operations.
As you may know SCA offers:
Financial responsibility, ability, attributes of trustworthiness, quality of current or previous work, fitness, capacity, and experience to satisfactorily perform the contract.
Personnel who have the ability, experience, and skill to perform the work promptly or within the time specified.
The equipment, facilities, and comprehensive resources and the location to fulfill our responsibilities as your street sweeping service provider. A record of top performance under prior contracts with the City and other purchasers.
Compliance with all laws, regulations, guidelines, and orders governing prior or existing contracts.
We offer the most experienced team of sweeper operators and knowledgeable management team to ensure we utilize the most efficient routes, and quickly respond to any emergency needs presented by the City of Pacifica and your residents.
SCA is a local company that puts money back into our communities. We will apply indepth knowledge of the City of Pacifica to set a higher standard for street sweeping services and to drive continuous improvement in our operations.
Tjohmf!Qpjou!pg!Dpoubdu!Evsjoh!uif!SGQ!Qspdftt!
Rick Anderson, District Sales Manager
310.740.1601
[email protected]
We are committed to providing timely, courteous, and professional customer service.
Our dedication to environmental sustainability and compliance reflects our responsibility to future generations and our commitment to being good stewards of the planet. These values guide us in achieving our mission of providing exceptional service while making a positive impact on our community and the City of Pacifica.
Our thorough understanding of the street, parking lot and emergency sweeping requirements of the City of Pacifica and our willingness to enter into an agreement under the terms and conditions outlined in your RFP set us apart from other suppliers.
Please note that no officer or employee of the SCA team is directly or indirectly a party to or in any other manner interested financially or otherwise in this RFP. Should you have any questions, please do not hesitate to contact me at (704) 807-8020.
Respectfully,
Brad Becker | Regional Vice President
Direct: 704.807.8020
[email protected]
3/!Qspqptbm!
B/ Tubufnfou!pg!Voefstuboejoh!boe!Bqqspbdi!
Jnqmfnfoubujpo!Qmbo!
Since we currently service the City of Pacifica, there will be no obstacles that will prevent us from continuing to provide an elevated level of service to the City as we do today. Therefore, no formal implementation plan will be required. You can be assured that you will not experience any disruption in service that you might encounter with another service provider. As we do today, we will continue to service the City of Pacifica should we be awarded the contract.
Satisfaction and consistent quality service are the standards we uphold with our teams.
Our supervisors are full-time employees, they care about their team, and foster an environment of success. They are highly trained, so all phases of the project run smoothly. Our supervisors are directly involved with each account and job inspections to ensure quality. We believe that open communication is critical to the continued success of our working relationship with the City. Our team will provide top-level professional service and support to the City of Pacifica and leave your streets and parking lots clean and free from debris.
At SCA we believe in a partnership philosophy of working together to achieve the common goals of our customers. We have examined and clearly understand the specific scope of sweeping services detailed by the City of Pacifica RFP inclusive of maps, sweeping schedule, roads, parking lots, emergency sweeping.
Using state-of-theart equipment, we
provide a wide
range of street
sweeping services
providing our
customers with
environmentally
conscious solutions
that reduce
pollution and keep
every street as
clean as possible.
Our team will continue to:
Clean and remove debris adjacent to curbs and medians including cul-de-sacs, hammerheads. We understand that Sharp Park Road has corners and other situations where debris must be vacuumed.
Adhere to the established routes and schedules we are accustomed to sweeping to keep the City’s streets and parking lots free from debris. Our team will collaborate with your team on an ongoing basis to identify ways to accomplish the scope of work more efficiently and effectively
Answer customer questions, complains/concerns promptly and in a professional manner.
Address emergency extra work within two hours or less Complete scheduled extra work items. Our San Jose team has the resources available to promptly address all Emergency and Scheduled Extra Work requests to clean the streets of debris, and other issues that may result from accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and special events.
Scheduled extra work will be completed within 48 hours of notice by the City.
SCA has had the privilege to sweep the streets of the City of Pacifica for more than nine years. While SCA of CA, LLC was established in 2021, we are an acquisitive company that has had the opportunity to acquire companies such as Contract Sweeping Services, LLC, that previously supported the street sweeping requirements of the City. It is our goal to continue to strengthen our long-term relationship with the City of Pacifica and your residents. We are excited about the future, and it is our intent to meet and exceed all service requirements as described within your RFP.
With the combined knowledge of both organizations, we have the added benefit of seasoned colleagues who thoroughly understand the unique needs of the City of Pacifica and its residents. Our team has also had the pleasure of serving the sweeping needs of many municipalities in and around Northern California area as well as across the state of California.
Our team is part of your community, and our team members are your neighbors and friends. Our thorough understanding of the street sweeping requirements for the City of Pacifica and our willingness to enter into an agreement under the terms and conditions outlined in your RFP set us apart from other suppliers.
Over the years, we have established a strong relationship with the City of Pacifica and your residents. Our branch manager, Larry Goldberg, will continue to schedule the work, communicating the plan to the City. Larry will continue to coordinate with the City to schedule special sweeps when needed. Jesse Alvarado, District Manager and Larry, will remain in place as the management team supporting your program. Larry will continue to routinely visit the City of Pacifica to support the sweeper operators that service your City.
Our drivers thoroughly understand how to clean the 180 curb miles (including curb returns and median islands) within the City and to successfully sweep the varying widths of your streets as they do today. We understand that fuel prices will continue to fluctuate, and that consideration has been made during the thorough review of the rates we plan to propose in our response and have been included so that no separate payments will be required.
We intend to continue to offer the highest level of service to the City of Pacifica. As we do today, we are committed to adhering to the Public Works Division’s objective to furnish all the labor, tools, shop facilities, equipment, and materials and perform all work necessary to provide comprehensive street sweeping services to the City of Pacifica.
C/ !Dpnqboz!Jogpsnbujpo!
SCA keeps streets, highways, construction sites, parking lots and industrial/manufacturing complexes clean, free of debris and compliant with Environmental Protection Agency (EPA) regulations for both government and private entities. We have more than 14 branches across California. You can be assured that SCA has personnel with the skills required equipment/materials and financial resources sufficient to provide the services called for in the contract. Our insurance provider, XL Specialty Insurance provides us with surety credit and our bond ability is $5 million on a single basis and $75 million on an aggregate basis.
The San Jose team is available to promptly address all unscheduled service requests by dispatching the appropriate resources within contracted time limits. Our team is also available to answer customer questions, complains/concerns in a professional manner. Concerns/issues are reviewed and resolved within one working day from receipt of the concern
SCA of CA, LLC is a limited liability company that is owned by SCA Acquisitions, LLC.
As indicated, SCA has had the privilege to sweep the streets of the City of Pacifica for more than nine years. While SCA of CA, LLC was established in 2021, we are an acquisitive company that has had the opportunity to acquire companies such as Contract Sweeping Services, LLC, that previously supported the street sweeping requirements of the City. It is our goal to continue to strengthen our long-term relationship with the City of Pacifica and your residents.
With the combined knowledge of these organizations, we have the added benefit of seasoned colleagues who thoroughly understand the unique needs of the City of Pacifica and its residents. Our team has also had the pleasure of serving the sweeping needs of many municipalities in and around Northern California area as well as across the state of California.
The primary contacts for the City of Pacifica are:
Jesse Alvarado, General Manager
408-498-4631
[email protected]
Larry Goldberg, Branch Manager:
(408) 859-7270
[email protected]
Our San Jose site that services the City of Pacifica today will continue to provide reliable street sweeping service to you and your residents going forward.
Primary Service Location Corporate Office
SCA of CA, LLC
390 E Gish Road
San Jose, CA 95112
O: (408) 859-7270
[email protected]
SCA of CA, LLC
4141 Rockside Road, Suite 100
Seven Hills, OH 44131
P: 216-777-2750 | F: 216-777-2766
[email protected]
For additional detail regarding our other locations in California and across the country, please reference the following link:
https://www.sweepingcorp.com/service-areas/.
SCA adheres to all current applicable federal, state, and local laws, codes, and ordinances, including, but not limited to, those promulgated by Federal, State of California, CARB, AQMD, OSHA, SCAQMD Rule 1186 “Certified Street Sweepers” and all other applicable regulatory
requirements.
The proposer should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards of the U.S. General Accounting Office's Government Auditing Standards (1994).
SCA can affirm that we are a company that is independent of the City of Pacifica.
The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.
SCA has not had any litigation, mediation, or arbitration in the last five years related to the performance of any services like those provided to the City of Pacifica. !
D/ Dpnqboz!Qfstpoofm!
We take pride in our San Jose team. We have the industry’s most seasoned team of sweeper operators, complemented by a proficient support team dedicated to optimizing route efficiency and promptly addressing any emergency situations that may arise. Our comprehensive grasp of the City of Pacifica’s unique street sweeping requirements distinguishes us as the preferred choice compared to other service providers.
Our commitment to our customers is what drives our success. Our San Jose team will maintain the same high level of service and customer support to the City of Pacifica and your residents. Our team is committed to providing comprehensive street sweeping services to include all other maintenance required to maintain the areas included in this contract in a safe, attractive, and usable condition. Teamwork is the cornerstone of our success, as we believe that collaboration leads to innovation and superior results. Integrity is non-negotiable in our organization, and we hold ourselves to the highest ethical standards every day. Having a professional and experienced team is crucial to delivering top-level service and support to meet the expectations of the City of Pacifica. The following information details the background and expertise of our dedicated team members who are committed to excellence each day.
Sjdl!Boefstpo!–!Ejtusjdu!Tbmft!Nbobhfs!
Rick Anderson has been in the sweeping industry for more than 35 years. He oversees daily operations, contract management, develops new business, ensure safe operation, and promotes proactive culture of safety. He has a Bachelor of Science from the University of California and Jurist Doctorate from Southwestern University School of Law. Rick is a member of the L.A. and Orange County Chapter – Maintenance Superintendents Association and North American Power Sweeping Association (naPSa).
Kfttf!Bmwbsbep!–!Hfofsbm!Nbobhfs!
Jesse has over 20 years of corporate automotive experience. He has a proven record of accomplishment delivering exceptional customer service. He possesses strong leadership skills, with innovative techniques that has led him to win awards and personal recognition from Henry Ford III. Jesse leads with passion and believes to be innovative involves communicating the vision and culture of the organization, employee recognition, empowering employees and developing ideas as a team. Honesty and integrity
Excellent concern/resolution skills
Commitment and passion
Ownership/Accountability
!
!
Mbssz!Hpmecfsh!–!Csbodi!Nbobhfs!
Larry provides oversight and manages the day-to-day operations in support of the City of Pacifica. He works with the SCA team to ensure the City’s needs are met.
Tvhfz!Npsfmpt!–!Pqfsbujpot!Nbobhfs!
Sugey offers dedicated support for routing and dispatch out of the Stockton office. She is an important part of the operational team and often the point of contact for drivers in the field.
Skilled interpreter to support field and back-office operations Strong organization skills
Detailed routing knowledge and GPS management.
Ejbob!Nbosjrvf{!–!Ejtqbudi!Tjuf!Tvqqpsu!
Diana is extremely experienced managing routing and dispatch out of the Stockton office. She is an important part of the operational team and often point of contact for drivers in the field.
Strong coordination skills for routing
Active listener with excellent communication skills
Strong organizational skills
E/Ejtdmptvsf!
SCA has not had any current business nor personal relationship with any Pacifica elected official, appointed official, City employee, or family member of any current Pacifica elected official, appointed official, or City employee.
F/ Fyqfsjfodf!boe!Sfgfsfodft!
Our clients rely on us to clean everything from a quiet street to a busy highway. We have worked with the City of Pacifica team to meet all your requirements that include furnishing all labor, tools, shop facilities, equipment, and material required to complete the work in various residential and commercial areas in City of Pacifica.
While SCA is the leading sweeping service provider in the country, our sites are run locally. We are a local company that puts money back into our communities. We use our experience to set a higher standard for street sweeping services and to drive continuous improvement in our operations. You can rest easy knowing that we operate in full compliance with all local, state, and federal regulations.
Our team has been servicing Northern California for many years. As the largest municipal sweeping company in country, SCA is proud to sweep over hundreds of municipalities and private customers. In addition to your community, some of our customers in Northern California include the City of Stockton, City of Menlo Park, City of Napa, and City of San Ramon.
Municipal customers that require street sweeping services like the City of Pacifica include:
Agency
Name
Contact
Name
Type of
Work
Phone Email
City of
Antioch
Dean
Eckerson
Street
Sweeping 925-756-1972 [email protected]
City of
Oakley
Christine
Keller
Street
Sweeping 925-625-7037 [email protected]
City of
Napa John Mason Street Sweeping 707-257-9674 [email protected] City of
Fairfield Gina Vazquez Street Sweeping 707-437-8935 [email protected] City of
Palo Alto Roger Nguy Street Sweeping 559-713-4428 [email protected] Please note that SCA has not filed for bankruptcy under any business name over the past five years.
Beejujpobm!Gpsnt!
Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
June 2024 - 18 -
SECTION 6
CONTRACTORS QUALIFICATIONS AND REFERENCES
Name of Contractor: ______SCA of CA, LLC____________________________________________ THE CONTRACTOR SHALL COMPLETE THE FOLLOWING STATEMENTS (Attach additional sheets if required):
1. The Contractor has been engaged in the contracting business, under the present business name for _3___ years.
2. Experience in work of a nature similar to that covered in the proposal documents extends over a period of ____ years.
3. Name and explain any and all instances where satisfactory sweeping contract compliance or completion has not been achieved. The following maintenance contracts have been satisfactorily completed in the last three (3) years for the persons, firms or authorities indicated:
YEAR TYPE OF
WORK
CONTRACT
AMOUNT
LOCATION AND FOR
WHOM PERFORMED
(a) __________ _____________ _____________ ______________________ (b) __________ _____________ _____________ ______________________ (c) __________ _____________ _____________ ______________________ (d) __________ _____________ _____________ ______________________ (e) __________ _____________ _____________ ______________________
4. The following person may be contacted for information concerning the contract work listed above (list a reference for each contract named):
NAME/TITLE ADDRESS TELEPHONE
(a) _________________ ___________________________________ ___________________ 9+ ~$347,700.00 ~$1,000,000.00 2500 Pittsburg; Antioch, CA 94509 925-756-1972 ; Delta Diablo Dean Eckerson City of Oakley City Fairfield; Republic Services City of Napa City of Palo Alto City of Antioch ~$453,440.00 ~$630,000.00 ~$420,000.00 Sweeping Sweeping Sweeping Sweeping Sweeping Similar, successful projects 2014-Present 2016-Present 2004-Present 2016-Present 2015-Present satisfactorily performed in the last three years.. There have been no instances where a sweeping contract has not Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
June 2024 - 19 -
(b) _________________ ___________________________________ ___________________ (c) _________________ ___________________________________ ___________________ (d) _________________ ___________________________________ ___________________ (e) _________________ ___________________________________ ___________________
5. The following is a list of plant and equipment owned by the Contractor, which is definitely available for use on the proposed work as required.
QUANTITY NAME, TYPE AND
CAPACITY
CONDITION LOCATION
__________ _________________________ _____________ _______________________ __________ _________________________ _____________ _______________________ __________ _________________________ _____________ _______________________ __________ _________________________ _____________ _______________________ __________ _________________________ _____________ _______________________ (Attach additional sheets as necessary)
6. Attach a brief operational plan for delivering basic and emergency sweeping services to the City. The plan shall describe the number and type of sweepers that will be available to service the City for which proposals have been submitted.
Allocation of sweeping equipment per City shall be described. The number of fulltime operations including backup personnel must be described. The operational plan must also describe how equipment will be provided and what provisions will be made for storing contractor equipment and supplies.
7. All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof and the truthfulness and accuracy of the information is guaranteed by the Contractor.
Signature of Contractor: ___________________________
Print Name and Title: Brad Becker, Regional Vice President
END OF SECTION
2 Elgin Broom Bear 4cy Excellent Fremont 3 Tymco 600 6cy Excellent Fremont Roger Nguy 250 Hamilton Ave., Palo Alto, CA 94301 559-713-4428 Gina Vazquez 2901 Industrial Ct. Fairfield, CA 94533 707-437-8935 John Mason 770 Jackson St.; Napa, CA 94559 707-257-9674 Christine Keller 3231 Main Street; Oakley, CA 94561 925-625-7037
Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
June 2024 - 48 -
SECTION 8
INSURANCE FORMS
CONTRACTOR shall provide Certificates of Insurance and original Endorsements affecting the coverage’s specified in PARAGRAPH 12 - INSURANCE of the Agreement on the attached forms.
ATTACHED
1. Certificate of Insurance
2. General Liability Endorsement
3. Automobile Liability Endorsement
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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 rights to the certificate holder in lieu of such endorsement(s).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/4/2024
HUB International Midwest Limited
1411 Opus Place, Suite 450
Downers Grove IL 60515
630-468-5600 [email protected] Axis Surplus Insurance Company 26620 SWEECOR-01 Navigators Specialty Insurance Company 36056 SCA of CA, LLC
4141 Rockside Road, Suite 100
Seven Hills OH 44131
Safety National Casualty Corporation 15105 Federal Insurance Company 20281 2076094189 C X 2,000,000 X 1,000,000 X Contractual Liab 5,000 X XCU Cov Incl 1,000,000 4,000,000 X Y Y GL6676535 6/1/2024 6/1/2025
4,000,000
C
2,000,000 X
X X
Y Y CA6676536 6/1/2024 6/1/2025
A
B
X 5,000,000 X
P-001-000882635
CH24EXCZ0GQVPIC
6/1/2024
6/1/2024
6/1/2025
6/1/2025
5,000,000 X
0 C
X
N
Y LDS4068227 (CA) 6/1/2024 6/1/2025
1,000,000 1,000,000 1,000,000
C
B
D
Stop Gap Liability - OH
Pollution Liability
Crime
LDS4068227
CH24ECPZ01ECGIC
8400-2199
6/1/2024
6/1/2024
6/1/2024
6/1/2025
6/1/2025
6/1/2025
Limit:
Each Incident/Agg:
Limit:
$1,000,000
$1,000,000
$1,000,000
City of Pacifica, its officers, directors, officials, agents, employees, and volunteers are included as additional insureds under General Liability & Automobile Liability, on a primary and non-contributory basis, when agreed in a written contract, subject to policy terms, conditions and exclusions. A waiver of subrogation applies under General Liability, Automobile Liability, & Worker’s Compensation in favor of the additional insureds listed, when agreed in a written contract, subject to policy terms, conditions and exclusions. 30 Day Notice of Cancellation applies in accordance to policy terms and conditions. City of Pacifica 540 Crespi Drive
Pacifica CA 94044
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SNCA 026 10 13 Safety National Casualty Corporation Page 1 of 2
DESIGNATED ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) or Organization(s):
Person(s) or Organization(s) as required by written contract.
Any individually scheduled Designated Additional Insured shall not be construed to override nor negate this blanket Designated Additional Insured.
CHANGE
The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below:
(1) Insurance for such Additional Insured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for “bodily injury” or “property damage” arising out of your operations and resulting from the ownership, maintenance or use of covered “autos” by you while the covered “autos” are on premises owned or leased by the above scheduled Additional Insured(s). (2) The insurance afforded under this Coverage Form to such Additional Insured(s) applies only:
(a) If the “accident” takes place subsequent to the execution and effective date of such written contract:
and,
(b) While such written contract is in force, or until the end of the policy period, which ever occurs first. (3) How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s) scheduled above is the lesser of:
(a) The limits of insurance specified in the written contract or written agreement; or, (b) The Limits of Insurance provided by the Coverage Form.
The amount we will pay on behalf of such Additional Insured(s) shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. (4) Exclusions
(a) This endorsement does not apply to liability of the Additional Insured which arises out of the ownership of transportation operating rights granted to the Additional Insured by public authority. (b) This endorsement does not apply to the liability of the owner or anyone else from whom you hire or borrow a covered auto.
(5) Obligations at the Additional Insured’s Own Cost
No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.
The Additional Insured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form.
This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy to w hich it is attached and is effective on the date issued unless otherw ise stated. (The information below is required only w hen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/202 Policy No. CA 6676536 Endorsement No.
Named Insured SWEEP AMERICA HOLDINGS, LLC Premium $ Included Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SNCA 027 10 13 Safety National Casualty Corporation Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Person(s) or Organization(s) as required by written contract when such written contract is executed prior to an accident to which this endorsement applies.
Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CHANGE
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for “bodily injury” or “property damage” to which this insurance applies, caused by an “accident” and resulting from the ownership, maintenance or use of a covered “auto”. This waiver applies only to the person or organization shown in the Schedule above.
This endorsement changes the policy to w hich it is attached and is effective on the date issued unless otherw ise stated. (The information below is required only w hen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/202 Policy No. CA 6676536 Endorsement No.
Named Insured SWEEP AMERICA HOLDINGS, LLC Premium $ Included Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________
POLICY NUMBER: CA 6676536 COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY– OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance – Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to such "insured".
B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:
1. Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to such "insured".
32/,&<180%(5
*/ &200(5&,$/*(1(5$//,$%,/,7<
&*
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< &*
,QVXUDQFH6HUYLFHV2IILFH,QF 3DJHRI
$'',7,21$/,1685('±2:1(56/(66((625
&2175$&7256±6&+('8/('3(562125
25*$1,=$7,21
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ
&200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57
6&+('8/(
1DPH2I$GGLWLRQDO,QVXUHG3HUVRQ
V
2U2UJDQL]DWLRQ
V
/RFDWLRQ
V
2I&RYHUHG2SHUDWLRQV
$VUHTXLUHGE\ZULWWHQFRQWUDFWRUDJUHHPHQW
ZKHQVXFKZULWWHQFRQWUDFWRUDJUHHPHQWLV
H[HFXWHGSULRUWRDQRFFXUUHQFHRIIHQVHRU
ORVVWRZKLFKWKLVHQGRUVHPHQWDSSOLHVEXW
RQO\IRUWKHOLPLWVDJUHHGWRLQVXFK
FRQWUDFWRUWKH/LPLWVRI/LDELOLW\SURYLGHG
E\WKLVSROLF\ZKLFKHYHULVOHVV$Q\
LQGLYLGXDOO\VFKHGXOHGDGGLWLRQDOLQVXUHGV
VKDOOQRWEHFRQVWUXHGWRRYHUULGHQRU
QHJDWHWKLVEODQNHWDGGLWLRQDOLQVXUHG
$OOORFDWLRQVZKHUH\RXUZRUNLV
SHUIRUPHG
,QIRUPDWLRQUHTXLUHGWRFRPSOHWHWKLV6FKHGXOHLIQRWVKRZQDERYHZLOOEHVKRZQLQWKH'HFODUDWLRQV $ 6HFWLRQ,,±:KR,V$Q,QVXUHGLVDPHQGHGWR
LQFOXGH DV DQ DGGLWLRQDO LQVXUHG WKH SHUVRQ
V
RU
RUJDQL]DWLRQ
V
VKRZQ LQ WKH 6FKHGXOH EXW RQO\ ZLWK
UHVSHFW WR OLDELOLW\ IRU ERGLO\ LQMXU\ SURSHUW\ GDPDJHRUSHUVRQDODQGDGYHUWLVLQJLQMXU\FDXVHG
LQZKROHRULQSDUWE\
<RXUDFWVRURPLVVLRQV
RU
7KHDFWVRURPLVVLRQVRIWKRVHDFWLQJRQ\RXU
EHKDOI
LQWKHSHUIRUPDQFHRI\RXURQJRLQJRSHUDWLRQVIRUWKH
DGGLWLRQDO LQVXUHG
V
DW WKH ORFDWLRQ
V
GHVLJQDWHG
DERYH
+RZHYHU
7KHLQVXUDQFHDIIRUGHGWRVXFKDGGLWLRQDOLQVXUHG
RQO\DSSOLHVWRWKHH[WHQWSHUPLWWHGE\ODZ
DQG
,IFRYHUDJHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGLV
UHTXLUHGE\DFRQWUDFWRUDJUHHPHQWWKHLQVXUDQFH
DIIRUGHG WR VXFK DGGLWLRQDO LQVXUHG ZLOO QRW EH
EURDGHU WKDQ WKDW ZKLFK \RX DUH UHTXLUHG E\ WKH FRQWUDFW RU DJUHHPHQW WR SURYLGH IRU VXFK
DGGLWLRQDOLQVXUHG
% :LWKUHVSHFWWRWKHLQVXUDQFHDIIRUGHGWRWKHVH
DGGLWLRQDO LQVXUHGV WKH IROORZLQJ DGGLWLRQDO
H[FOXVLRQVDSSO\
7KLVLQVXUDQFHGRHVQRWDSSO\WRERGLO\LQMXU\RU
SURSHUW\GDPDJHRFFXUULQJDIWHU
$OOZRUNLQFOXGLQJPDWHULDOVSDUWVRU
HTXLSPHQW IXUQLVKHG LQ FRQQHFWLRQ ZLWK VXFK
ZRUN RQ WKH SURMHFW
RWKHU WKDQ VHUYLFH
PDLQWHQDQFHRUUHSDLUV
WREHSHUIRUPHGE\RU
RQ EHKDOI RI WKH DGGLWLRQDO LQVXUHG
V
DW WKH
ORFDWLRQ RI WKH FRYHUHG RSHUDWLRQV KDV EHHQ
FRPSOHWHG
RU
7KDWSRUWLRQRI\RXUZRUNRXWRIZKLFKWKH
LQMXU\ RU GDPDJH DULVHV KDV EHHQ SXW WR LWV
LQWHQGHG XVH E\ DQ\ SHUVRQ RU RUJDQL]DWLRQ
RWKHU WKDQ DQRWKHU FRQWUDFWRU RU VXEFRQWUDFWRU
HQJDJHG LQ SHUIRUPLQJ RSHUDWLRQV IRU D
SULQFLSDODVDSDUWRIWKHVDPHSURMHFW
3DJHRI ,QVXUDQFH6HUYLFHV2IILFH,QF &*
& :LWKUHVSHFWWRWKHLQVXUDQFHDIIRUGHGWRWKHVH
DGGLWLRQDOLQVXUHGVWKHIROORZLQJLVDGGHGWR6HFWLRQ
,,,±/LPLWV2I,QVXUDQFH
,I FRYHUDJH SURYLGHG WR WKH DGGLWLRQDO LQVXUHG LV UHTXLUHGE\DFRQWUDFWRUDJUHHPHQWWKHPRVWZHZLOO
SD\RQEHKDOIRIWKHDGGLWLRQDOLQVXUHGLVWKHDPRXQW
RILQVXUDQFH
5HTXLUHGE\WKHFRQWUDFWRUDJUHHPHQW
RU
$YDLODEOHXQGHUWKHDSSOLFDEOHOLPLWVRI
LQVXUDQFH
ZKLFKHYHULVOHVV
7KLVHQGRUVHPHQWVKDOOQRWLQFUHDVHWKHDSSOLFDEOH
OLPLWVRILQVXUDQFH
Policy Number: GL 6676535
32/,&<180%(5
*/ &200(5&,$/*(1(5$//,$%,/,7<
&*
&*
,QVXUDQFH6HUYLFHV2IILFH,QF 3DJHRI
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< $'',7,21$/,1685('±2:1(56/(66((625
&2175$&7256±&203/(7('23(5$7,216
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ
&200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57
352'8&76&203/(7('23(5$7,216/,$%,/,7<&29(5$*(3$57
6&+('8/(
1DPH2I$GGLWLRQDO,QVXUHG3HUVRQ
V
2U2UJDQL]DWLRQ
V
/RFDWLRQ$QG'HVFULSWLRQ2I&RPSOHWHG
2SHUDWLRQV
$VUHTXLUHGE\ZULWWHQFRQWUDFWRU
DJUHHPHQWZKHQVXFKZULWWHQFRQWUDFWRU
DJUHHPHQWLVH[HFXWHGSULRUWRDQ
RFFXUUHQFHRIIHQVHRUORVVWRZKLFK
WKLVHQGRUVHPHQWDSSOLHVEXWRQO\IRU
WKHOLPLWVDJUHHGWRLQVXFKFRQWUDFWRU
WKH/LPLWVRI/LDELOLW\SURYLGHGE\WKLV
SROLF\ZKLFKHYHULVOHVV$Q\
LQGLYLGXDOO\VFKHGXOHGDGGLWLRQDO
LQVXUHGVVKDOOQRWEHFRQVWUXHGWR
RYHUULGHQRUQHJDWHWKLVEODQNHW
DGGLWLRQDOLQVXUHG
$OOORFDWLRQVZKHUH\RXUZRUNLV
SHUIRUPHG
,QIRUPDWLRQUHTXLUHGWRFRPSOHWHWKLV6FKHGXOHLIQRWVKRZQDERYHZLOOEHVKRZQLQWKH'HFODUDWLRQV $ 6HFWLRQ,,±:KR,V$Q,QVXUHGLVDPHQGHGWR
LQFOXGHDVDQDGGLWLRQDOLQVXUHGWKHSHUVRQ
V
RU
RUJDQL]DWLRQ
V
VKRZQ LQ WKH 6FKHGXOHEXWRQO\
ZLWK UHVSHFW WR OLDELOLW\ IRU ERGLO\ LQMXU\ RU SURSHUW\ GDPDJH FDXVHG LQ ZKROH RU LQ SDUW
E\ \RXU ZRUN DW WKH ORFDWLRQ GHVLJQDWHG DQG
GHVFULEHG LQ WKH 6FKHGXOH RI WKLV HQGRUVHPHQW
SHUIRUPHG IRU WKDW DGGLWLRQDO LQVXUHG DQG
LQFOXGHG LQ WKH SURGXFWVFRPSOHWHG RSHUDWLRQV
KD]DUG
+RZHYHU
7KHLQVXUDQFHDIIRUGHGWRVXFKDGGLWLRQDO
LQVXUHG RQO\ DSSOLHV WR WKH H[WHQW SHUPLWWHG
E\ODZ
DQG
,IFRYHUDJHSURYLGHGWRWKHDGGLWLRQDOLQVXUHG
LV UHTXLUHG E\ D FRQWUDFW RU DJUHHPHQW WKH
LQVXUDQFH DIIRUGHG WR VXFK DGGLWLRQDO LQVXUHG
ZLOO QRW EH EURDGHU WKDQ WKDW ZKLFK \RX DUH
UHTXLUHG E\ WKH FRQWUDFW RU DJUHHPHQW WR
SURYLGHIRUVXFKDGGLWLRQDOLQVXUHG
% :LWKUHVSHFWWRWKHLQVXUDQFHDIIRUGHGWRWKHVH
DGGLWLRQDO LQVXUHGV WKH IROORZLQJ LV DGGHG WR
6HFWLRQ,,,±/LPLWV2I,QVXUDQFH
,IFRYHUDJHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGLV
UHTXLUHG E\ D FRQWUDFW RU DJUHHPHQW WKH PRVW
ZHZLOOSD\RQEHKDOIRIWKHDGGLWLRQDOLQVXUHGLV
WKHDPRXQWRILQVXUDQFH
5HTXLUHGE\WKHFRQWUDFWRUDJUHHPHQW
RU
$YDLODEOHXQGHUWKHDSSOLFDEOHOLPLWVRI
LQVXUDQFH
ZKLFKHYHULVOHVV
7KLV HQGRUVHPHQW VKDOO QRW LQFUHDVH WKH
DSSOLFDEOHOLPLWVRILQVXUDQFH
POLICY NUMBER: GL 6676535 COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
Person(s) or Organization(s) as required by written contract when such written contract is executed prior to an occurrence, offense or loss to which this endorsement applies.
Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
POLICY NUMBER: GL 6676535 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
THIS FORM APPLIES ONLY TO THE FOLLOWING STATE(S) IF COVERED BY YOUR POLICY. IF A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE.
AL, AZ, CA, DE, FL, GA, IL, IN, LA, MD, MI, MS, MO, NC, NJ, PA, SC, TN, TX, VA, WV This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/2024 Policy No. LDS4068227 Endorsement No.
Insured Premium $ Included
Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________
WC 00 03 13 (04 84)
© 1983 National Council on Compensation Insurance.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
WHERE A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS IS REQUIRED BY WRITTEN CONTRACT,
SUCH ADDITIONAL ENTITIES SHALL BE CONSIDERED AUTOMATICALLY SCHEDULED BY THE COMPANY.
INDIVIDUALLY SCHEDULED WAIVERS SHALL NOT BE CONSTRUED TO OVERRIDE NOR NEGATE THIS BLANKET WAIVER.
Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
June 2024 - 49 -
SECTION 9
CONTRACTORS CERTIFICATION
ATTACHED
1. Contractors Certifications
2. Certification of Workers’ Compensation
END OF SECTION
(Please reference the insurance certificate
in the previous section) (DIR Registration is listed on the following pages) Registration Services:: Page 1 of 2 3/31/2022 7:12:09 AM
APPLICATION FOR
PUBLIC WORKS CONTRACTOR REGISTRATION
Registration Information
Type: Public Works
Period: 03/31/2022 06/30/2024
Contractor Information
Contractor Name: SCa of CA, LLC
Trade Name:
License Type Number: PW-LR-1000880302
Contractor Physical Address
Physical Business Country: United States of America Physical Business City/ Province:
Gardena
Physical Business Address: 1937 W 169th St. Physical Business State: CA Physical Business Postal
Code:
90247
Contractor Mailing Address
Mailing Country: United States of America Mailing City /Province: Seven Hills Mailing Address: 4141 Rockside Road, Suite 100 Mailing State: OH Mailing Postal Code: 44131
Contact Info
Daytime Phone: Daytime Phone Ext.:
Mobile Phone: Business Email: [email protected] Applicant’s Email: [email protected]
Registration Services:: Page 2 of 2
Workers’ Compensation
Professional Employer Organization (PEO)
Do you lease employees through Professional Employer Organization? No Workers’ Compensation Overview
Carrier: Hartford Fire Insurance
Company
Inception Date: 06/01/2021
Policyholder Name: SCA of CA, LLC Expiration Date: June 1, 2022 Policy Number: 83 WN S67103
Certification
Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.
Yes I certify that one of the following is true: (1) I am licensed by the Contractors State License Board (CSLB) in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB.
Yes I understand refunds are not authorized
I, Katy Beyerle, the undersigned, am , SCa of CA, LLC with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further acknowledge that any untruthful information provided in this application could result in the certification being canceled.
I certify this on: 7:09 AM
Legal Entity Information
Legal Entity Type: LLC
Name: SCa of CA, LLC
Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
September 2024 - 50 -
SECTION 10
ADDENDA
Bidder acknowledges receipt of Addendum:
Addendum Number Received
1
2
3
4
THE BIDDER MUST ACKNOWLEDGE RECEIPT OF ALL ADDENDA. Not checking the box for all issued addenda will disqualify the bid.
THIS SHEET MUST ACCOMPANY BID.
Signature
Regional Vice President
Title
9/24/2024
Date
✔
✔
✔
✔
Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
September 2024 - 10 -
SECTION 3
COST PROPOSAL SCHEDULE
City of Pacifica
San Mateo County, California
Proposal
Street Sweeping Services — July 1, 2024 — December 31, 2027 The undersigned declares that they have carefully examined the location of the proposed work, and that they have examined the City of Pacifica and hereby proposes and binds themselves on award by the City Council to perform Street Sweeping as directed by the City’s Director of Public Works in accordance with the said Contract Requirements attached, and in that connection, furnish all necessary labor, tools, equipment, materials and supplies for performing and completing the work set forth in the said Contract Requirements with provided proposed and/or Sweeping Maps at the prices named in this proposal below:
The City may renew the agreement on annual bases for up to three (3) additional years. The annual increase shall be as determined by the CPI (CWI) for the San Francisco-Oakland-San Jose Metropolitan Area Annual (October) Consumer Price Index. The maximum increase in any year shall not exceed five percent.
Notes:
1. Proposal price alone will not be the sole determining factor in the selection of the contractor for this work. The City will consider the proposed costs for all proposal items identified herein together with the contractor qualifications and references to form the basis for its selection decision.
2. All cost proposal schedules must be filled out legibly and submitted.
3. Proposals shall be valid for 180 days from RFP due date. ____________________________________________________________ Authorized Signature Title Date
Regional Vice President 9/24/2024
3. Price Proposal
Please note the total is all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement. In addition, we will not be charging travel costs.
GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE
Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall be a part of the parties’ agreement. The Agreement and other Contract Documents shall govern the Work (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work.
Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.
If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide (i) a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix D – Construction Labor and Materials Payment Bond, and (ii) a construction performance bond in form attached hereto as Appendix E – Construction Performance Bond. Contractor may not substitute cash in lieu of the required bond(s).
If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).
Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within 30 days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Contract Documents, and invoices, payrolls, timecards, records and all other data related to matters covered by the Contract Documents.
Contractor shall furnish to Owner, its authorized agents, officers, or employees,such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least 30 years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Contract Documents shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.
Use of Contract Documents and Other Information. Drawings, Specifications, and other Contract Documents are made available to Contractor solely for Contractor’s use under the Contract Documents. Further, all tangible and intangible property developed, produced and/or provided by Contractor under the Contract Documents, and all such items (other than Contract Documents) provided by Owner to Contractor in connection with the Contract Documents including, without limitation, drawings, specifications, sketches, models, samples, tools, computer programs, technical information, confidential business information, scripts, customer or personnel information and data, whether written, oral or otherwise (all hereinafter referred to as Information) shall be Owner’s sole property. Contractor may not use Contract Documents or Information for Appendix B to Construction Services Agreement
any purpose unrelated to Contract Documents without Owner’s prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.
Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Contract Documents. Contractor shall not contract any portion of the Work or otherwise assign the Contract Documents without prior written approval of Owner. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit or relieve Contractor from its obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.
Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so within five days of Owner’s written notice (or other time period specified in the notice), Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to timely correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Public Contract Code Section 7104. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a
registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.
LEGAL
Compliance with Laws; Conflict of Interests. Contractor shall comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, prevailing wages, labor compliance, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained, or will be employed or retained, to solicit or obtain any contract with Owner, upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.
Licenses, Patents, Permits. Before commencing Work, Contractor shall apply for, obtain and maintain in current status, at its own expense, any license, permit or approval required from any agency for the performance of Work. To the greatest extent permitted by law, Contractor shall not be entitled to any compensation for any Work performed while not properly licensed, etc.
Employee Wages; Records; Apprentices. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by regulation. Contractor shall pay prevailing wages to its employees on any Order in excess of $1,000.00. Copies of the prevailing rate of per diem wages are on file at Owner’s principal office. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed.
The payroll records shall be certified and submitted as required by law, including Labor Code Section 1771.4 and 1776, including (if the Agreement is awarded on or after April 1, 2015 or continues on or after January 1, 2016) to the Labor Commissioner no less frequently than monthly.
Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If Contract Sum exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.
Mandatory Contractor and Subcontractor Registration. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.
Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its officers, directors, representatives, agents and employees, against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents.
Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Contract Documents or other applicable law, shall be cumulative
and not subject to limitation.
Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.
MISCELLANEOUS
No Modification or Waiver; Severability. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. Should any part of the Contract Documents be declared invalid, void or unenforceable, all remaining parts, terms and provisions of the Contract Documents shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.
Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in the Contract Documents as Owner’s responsibility.
Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault. Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.
Notices. All notices between the parties hereto shall be in writing and may be served by commercial express/overnight courier service or by depositing the same in the United States mail, postage prepaid and certified receipt requested, and addressed as indicated beneath each party’s signature in the Master Agreement, or as either party may otherwise provide to the other.
Dispute Resolution. All Contractor claims not otherwise subject to Public Contract Code Sections 20104 et seq shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in San Francisco, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 10 years’ experience in the construction industry. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.
Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in San Mateo County, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities other than Owner and Contractor. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.
INSURANCE
Appendix C to Construction Services Agreement
1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than [$1,000,000] general aggregate and [$1,000,000] each occurrence.
2. Business Automobile Liability Insurance with limits not less than [$1,000,000] each occurrence including coverage for owned, non-owned and hired vehicles.
3. Workers’ Compensation Employers’ Liability limits not less than [$1,000,000] each accident, [$1,000,000] per disease and [$1,000,000] aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Pacifica, its officers, directors, officials, agents, employees and volunteers, provided that the waiver of subrogation shall not apply to the extent of the negligence or willful act or omission of City of Pacifica, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of SelfInsurance, State of California.
4. [If applicable] Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land. [Alternatively, if applicable] An Installation Floater including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, vandalism, malicious mischief, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of the Work. [If either Builder’s Risk or an Installation Floater is required, continue] Such insurance may be subject to deductible clauses not to exceed [$10,000] for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the performance of the Work. The insurer shall waive all rights of subrogation against Owner.
5. Insurance policies in Appendix C shall contain an endorsement containing the following terms:
5.01 City of Pacifica, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.
5.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
5.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.
5.04 Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.
Appendix D to Construction Services Agreement
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to SCA of CA, LLC as Principal a Construction Services Agreement, dated the 24th of February, 2025(Agreement), titled Pacifica Street Sweeping 2025-2028 located at the City of Pacifica in the amount of $600,912.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:
1. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
2. NOW, THEREFORE, we, the undersigned Principal and ______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($600,912.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
3. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
4. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
5. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.
6. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
7. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
Appendix E to Construction Services Agreement
CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
2. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to SCA of CA, LLC as Principal a Construction Services Agreement, dated the 24th of February, 2024 (Agreement), titled Pacifica Street Sweeping 2025-2028located at the City of Pacifica in the amount of $600,912.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:
3. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;
4. NOW, THEREFORE, we, the undersigned Principal and _________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
5. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.
6. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.
7. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:
7.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or
7.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.
8. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.
9. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.
10.Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.
11.Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of ________________, 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
Appendix F to Construction Services Agreement
SUPPLEMENTAL CONDITIONS
1. Plans
See Plans, Specifications and Estimates.
2. Shop Drawings
Shop drawings maybe required on this project.
3. Dust Control and Cleanup
During the construction period, the dust level shall be kept at a minimum. The premises shall also be kept free from the accumulation of waste material or rubbish. Failure to meet this requirement may result in project shutdown.
The final cleaning shall leave the facilities ready for use with no additional cleanup. Use no cleaning materials which will contaminate the ocean. At the completion of the contract, the Contractor shall remove all remaining litter, debris, materials, temporary structures and equipment from the site. The premises shall be left in a clean and orderly condition acceptable to the City Engineer.
In the event Contractor leaves the job overnight in an unclean condition, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.
4. Public Safety
Contractor shall be responsible during all phases of work to provide for public safety and convenience. It shall be the Contractor’s responsibility to provide adequate provisions to assure the safety of the general public throughout the duration of the project, including periods when no work is being performed. The site shall be thoroughly fencedoff when work is not actively in progress, and lighted barricades shall be placed around any obstructions not encompassed by this fence.
In the event Contractor leaves the job overnight in an unsafe condition, or fails to provide for public safety and convenience, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.
All applicable safety regulations shall be complied with to protect the public and the Contractor’s employees. Strict compliance with Cal/OSHA safety requirements in doing the work is required.
5. Prevailing Wage Rates
The Contractor shall post, in a location on the job site, the prevailing wage rate Determination which is applicable to this project.
6. Discrimination
No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.
7. Employment of Apprentices
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1967) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
The Contractor and any subcontractor shall comply with the requirements of 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.
8. Materials and Supplies
All materials and supplies called for by contractor’s scope and proposal and shall be new unless otherwise specified.
9. Protection
The Contractor shall provide adequate protection for the site and surroundings throughout the work. All damage done to existing property shall be neatly repaired or replaced at the Contractor’s expense. Work shall be executed in a careful and orderly manner with the least possible disturbance to public and occupants of the area.
The Contractor shall conduct his operations in such a manner as to avoid damage to existing improvements and adjacent property. The Contractor shall, at its sole cost and expense, repair or replace any damage occurring from his operations to pursue completion of the contract. The repairs and replacement shall be to the satisfaction of the Engineer and according to City standards and practices. The minimum repair or replacement shall be equal to surrounding existing conditions or better, and the Engineer’s decision as to acceptable repair or replacement shall be final. The burden of proof as to whether there was existing damage by the Contractor shall rest with the Contractor.
The site shall be maintained in a neat and orderly manner at all times. All existing facilities shall be protected and, if they are damaged or destroyed by the Contractor, shall be restored or replaced in kind at his expense, to their original conditions, or better, as approved by the City or other owner thereof. The site shall be secured at the conclusion of each work day.
10. Inspections
Inspectors, employed by the City, shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work on the project and to the preparation, fabrication or manufacture of the materials to be used. An inspector is not authorized to revoke, alter or waive any requirements of the specifications. He is authorized to call the attention of the Contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.
An inspector will in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor’s management of the work.
In case the Contractor refuses to suspend operations on verbal order, the inspector giving such verbal order will then issue the order in writing. After placing the order in the hands of the person in charge of the work for the Contractor, the inspector will immediately leave the job. Work done during the absence of the inspector will not be accepted or compensated.
The Contractor shall prosecute work only in the presence of an authorized inspector or authorized representative of the Engineer, and any work done without such inspection shall be at the Contractor’s risk and be subject to rejection.
The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work, as performed, is in accordance with the requirements and intent of the specifications and contract. The Contractor shall at all times and for any purpose permit the Engineer and any of his representatives and representatives of the City to have access to the work and the premises used by the Contractor.
11. Defective Materials
Any materials condemned or rejected by the Engineer as not meeting the requirements of these specifications may be branded or otherwise marked by the Engineer and shall, on demand, be at once removed by the Contractor to a satisfactory distance from the work.
If the Contractor does not remove such material within a reasonable time, fixed by written notice, the City may remove and store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal and storage within ten days thereafter, the City may, upon ten days’ written notice, sell such materials at auction or at private sale. The City will account for the net proceeds thereof after deducting all the costs and expenses that should have been borne by the Contractor.
No partial payment, inspection, taking possession of, or other act made or done by the Engineer or the City with respect to the work prior to the final completion and acceptance thereof shall relieve Contractor from performing the Work in accordance with this contract, and shall not affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the Contractor complete fulfillment of all the provisions of the contract.
If the Engineer deems it expedient and not in the best interests of the City to correct work injured or done not in accordance with the contract, the defective work may be accepted subject to an equitable deduction from the contract price which may be made therefor by the City upon certificate from the Engineer.
12. Temporary Suspension of Work and Extension of Time for Performance When conditions at the site of the proposed work are unsatisfactory for the prosecution of a part or all of the work as adjudged by the Contractor and he is forced to suspend such work until reasonable conditions for its prosecution exist, he may request, in writing, that the Engineer authorize such suspension of work. Without the Engineer’s approval, any suspensions violate this specification. Unsatisfactory conditions may include, but not limited to:
inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.
When, in the opinion of the Engineer, suspensions of work are beyond the control of both the Contractor and the City (including, without limitation, adverse weather, conditions, earthquakes, force majeure events), the time of performance as set forth in the Agreement will be extended by the Engineer, in writing, by a period of time equal to that lost due to the delay occasioned by the allowed suspension, all at no additional cost to the City and without waiver of remedies for nonproliferation of the work. Such allowed suspension of work shall not relieve the Contractor of his contractual responsibilities.
13. Laws and Regulations
The Contractor shall comply with all local, regional, State and Federal laws and regulations at all times. In addition, the Contractor shall meet the standards set by the Air Quality Act for Noise and Pollution. If there is any conflict between these specifications and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately.
14. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purposes on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.
15. Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, involving any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code.
16. Water Pollution
General:
Contractor shall take all measures necessary to prevent debris or contamination from entering the ocean. Best Management Practice (BMP) shall be enforced at all times.
Correction of Inadequate Pollution and Erosion Control Measures:
If the measures being taken by the Contractor are inadequate to control water pollution effectively, the City Engineer may direct the Contractor to revise operations. The directions will be in writing and will specify the items of work for which the Contractor’s water pollution control measures are inadequate. No further work shall be performed on those items until the water pollution control measures are made adequate.
Abatement of Other Water Pollution:
The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor’s operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor. The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control, safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer.
The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.
Compensation:
Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Sum paid for the various items of work and no additional compensation will be allowed therefor.
17. Environmental Protection Requirements
Source Reduction and Recycling
The California Integrated Waste Management Act of 1989 (AB 939) mandates that 25 percent of the waste stream in the City of Pacifica be diverted from landfill by 1995 and that this diversion increase to 50 percent by 2000.
AB 939 also required the City of Pacifica to prepare and adopt a Source Reduction and Recycling Element (SRRE) outlining recommended programs to meet the above noted diversion goals. One of the approved SRRE programs is to require the utilization of recycled construction materials for City projects. All work performed under this contract and all contractors and their associates and/or employees shall utilize recycled materials and recycle construction materials where feasible. Construction/Demolition Recycling Resources Lists are available from the Pacifica Planning Department and the California Integrated Waste Management Board.
Contractor shall reuse or recycle any useful construction materials generated during the project.
Disposal
At the end of each working day, the Contractor shall collect all scrap, debris and waste material and dispose of such materials properly.
Hazardous Material/Waste Management
A. Storage
The Contractor shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; in accordance with the City of Pacifica Hazardous Materials Storage Ordinance and all applicable State and Federal regulations.
The Contractor shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations, and it is recommended that these materials and wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.
The Contractor shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident.
B. Disposal
The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.
The Contractor shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on site.
The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described in the section above.
The Contractor shall not wash any spilled material into streets, gutters, storm drains or creeks and shall not bury spilled hazardous materials.
The Contractor shall report any hazardous materials spill to the City of Pacifica Building Division at (650) 738-7344.
The Contractor shall inspect vehicles and equipment arriving on site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.
C. Activity-Specific Requirements
The following requirements shall be met on all projects within the City of Pacifica that include the listed activities.
Concrete, Grout and Mortar Waste Management
Material Management:
The Contractor shall store concrete, grout, and mortar away from drainage areas and ensure that these materials do not enter the storm drain system or the ocean waters.
Concrete Truck/Equipment Wash Out:
The Contractor shall not wash out concrete trucks or equipment into streets or gutters.
The Contractor shall perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. The Contractor shall let the water percolate into the soil and dispose of the hardened concrete in a trash container.
If a suitable dirt area is not available, then the Contractor shall collect the wash water and remove it off-site.
18. Layout of Work
Layout of work shall be done by the Contractor. Contractor shall mark the work area limits and facilities to be removed and replaced. All layout shall be approved by the City.
19. Substitutions
Substitutions in material or methods of construction, when necessary because of material shortages or in order to avoid serious delay may be made only after they are approved by the City Engineer in writing.
20. Traffic Control and Public Access
The Contractor shall be responsible for proper traffic control to assure public safety and convenience. Continuous safe public access shall be maintained to residential structures at all times.
21. Material and Workmanship
All materials and workmanship are to be the best of their respective kinds. The terms “or equal,” “approved,” “selected” and so forth shall mean as approved, etc. by the City Engineer. All materials and equipment used should be in accordance with the manufacturer’s printed directions.
Use adequate numbers of skilled workmen who are thoroughly trained and experienced in necessary crafts and who are completely familiar with the specified requirements and methods needed for proper performance of work specified. Use equipment adequate in terms of size, capacity and numbers to accomplish work in a timely manner.
22. Drug-Free Workplace
The Contractor is required to comply with the Drug-Free Workplace Act of 1988. The requirements of the DrugFree Workplace Policy are described in City of Pacifica Administrative Policy Number 46.
23. Harassment and Discrimination
The Contractor is required to comply with City of Pacifica Administrative Policy Number 33, Harassment and Discrimination in the Workplace.
24. Payroll Records
Contractor and each Sub-Contractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him in connection with the public work. All payroll records shall be certified and maintained by the Contractor and be made available to auditors and managers from the City upon request.