Poway City Council
June 4, 2024

June 4, 2024, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway

CITY COUNCIL
June 4, 2024
Honorable Mayor and Members of the City C~ncil
Eric Heidemann, Director of Public Works 'l y
Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or [email protected]
Award of Agreement to Sweeping Corp of America, SCA of CA, LLC for Bus Stop Cleaning and Maintenance Services; RFP No. 24-017
A request for proposal (RFP) for Bus Stop Cleaning and Maintenance Services, RFP No. 24-017, was duly advertised on April 11 and April 18, 2024 by the City of Poway (City). One (1) responsive proposal was received and opened on May 2, 2024. Staff reviewed the proposal submitted and selected Sweeping Corp of America, SCA of CA, LLC (SCA) as the company to provide bus stop cleaning and maintenance services to the City. As the current vendor for the City, staff determined SCA to be qualified in providing these services. The length of this Agreement shall be for two (2) years beginning on July 1, 2024, through June 30, 2026. The Agreement can be extended by a maximum of three (3) one-year terms.

Recommended Action:

It is recommended the City Council award the Agreement for Bus Stop Cleaning and Maintenance Services, RFP No. 24-017 to Sweeping Corp of America, SCA of CA, LLC and authorize the City Manager to execute the necessary documents.

Discussion:

The City is responsible for maintaining 136 bus stops, 122 of which have shelters and/or benches.

Currently, there are 91 active bus stops and 45 inactive bus stops. The service includes all bus stops, irrespective of their active status. The Contractor will inspect for pests (e.g., termites), perform weed abatement, graffiti removal, sidewalk cleaning, bench cleaning and general litter removal. Additionally, each site will receive supplemental cleaning and maintenance, which includes power washing of surfaces, repair/replacement of broken fixtures and parts. The Contractor will be responsible for furnishing skilled labor, material, equipment, tools, insurance, permits and fees, as necessary to render the services according to the specifications set forth in the RFP. 1 of24
June 4, 2024, Item #11
The
City
advertised
the
RFP
and
proactively
contacted
companies
to
encourage
submissions.

The
City
received
one
(1)
proposal
on
May
2,
2024.

SCA
was
selected
to
provide
bus
stop
cleaning
and
maintenance
services.

As
the
current
vendor
for
the
City,
staff
continue
to
view
SCA
as
reliable
and
consistent
in
their
maintenance
practices
and
responsive
to
the
City's
requests.

The
cost
results
from
the
proposal
received
are
included
in
Table
1 below: Table
1 Proposal
Results
-
Bus
Stop
Cleaning
and
Maintenance
Services
Bus
Shelter*
Maintenance
31 of
1 Shelter
Maintenance
$29.00
$899.00
$10,788.00
per
month
Bus
Bench*
Maintenance
2 91
of
1 bench
Maintenance
$23.00
$2,093.00
$25,116.00
per
month
Bus
Stop
-
No
Bench
or
Shelter*
3 45
Maintenance
Maintenance
$20.34
$915.30
$10,983.60
of
1 bus
stop
Labor
Rates
for
As-Needed/Extraordinary
Maintenance
4 Hour
Skilled
Labor
$35.00
N/A
$875.00
(Hourly)
(Hourly
x 25)
Unskilled
$28.00
$1,120.00
5 Hour
Labor
N/A
(Hourly
(Hourly
x 40)
The
length
of
the
initial
Agreement
is
two
(2)
years
beginning
July
1,
2024,
through
June
30,
2026.

The
Agreement
may
be
extended
subject
to
City
Council
appropriation
of
funds
through
a total
of
three
(3)
separate
one-year
extensions.

The
maximum
length
of
the
Agreement
would
be
up
to
five
(5)
years.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

The
proposed
Fiscal
Year
2024-25
Bus
Shelter
Improvement/Maintenance
project
budget
(MNT0018)
includes
$28,000
for
these
services.

Public
Notification:

None. 2
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June 4, 2024, Item #11
Attachments: A.

Standard
Agreement
Reviewed/Approved
By:

Wendy
Kaserman
Assistant
City
Manager
3 of24
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

I
June 4, 2024, Item #11
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and SCA of CA, LLC, (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Bus Stop Cleaning and Maintenance Servies;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of 24 ATTACHMENT A
June 4, 2024, Item #11
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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June 4, 2024, Item #11

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of24
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

June 4, 2024, Item #11
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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June 4, 2024, Item #11

14. Contractor's Insurance. Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
'15.

Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Contractor's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees.
(b)
For
Claims
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Contractor's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.

For
Claims
alleged
to
arise
from
Contractor's
professional
services,
Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
(c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
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June 4, 2024, Item #11
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if
Contractor
fails
to
take
such
action
as
is
necessary
to
make
a claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section

15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.

16. Assumption
of
Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.

17. Contractor
Not
an
Agent.

Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.

Contractor
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.

18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.

City shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.

Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
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June 4, 2024, Item #11

19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.

This
Agreement
shall
be
governed
by
, and
construed
in
accordance
with,
the
laws
of
the
State
of
California.

Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.

Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.

Contractor
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394
.

The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.

Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.

21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Contractor"
shall
mean
the
individual
or
corporate
Contractor
and
any
and
all
employees
of
Contractor
providing
services
hereunder.

22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts
, each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.

Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding
.

23. Entire
Agreement.

This
Agreement
shall
constitute
the
entire
understanding
between
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.

No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
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24 June 4, 2024, Item #11

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
11 of24
June 4, 2024, Item #11
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By: _________ _
Chris Hazeltine, City Manager
Date: -----------
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

SCA of CA, LLC
By:-------------­
Brad Becker, Regional Vice President
Date: ------------
By:--------------­
Alan Fenstermacher, City Attorney
12 of 24
June 4, 2024, Item #11
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Contractor agrees to perform bus stop cleaning and maintenance service as required by the City. The City may require as-needed routine cleaning for these bus stops on a very limited basis. The Contractor shall provide the necessary qualified personnel to perform the services. In performance of the services, Contractor shall:

A. Part A -Cleaning Services:

1. Facility Inspection: The Contractor shall inspect the job site(s) at the following frequencies:

Job Sites Inspection Frequency
Bus Shelters: 31 Monthly -2nd Tuesday
(27 wood shelters; 4 stucco shelters) of month
Bus Stops: 91 Monthly -2nd Tuesday
(with benches) of month
Bus Stops: 45 Quarterly
(without benches) (every 3 months) -2nd
Tuesday of month
The Contractor shall complete a checklist of sites inspected, work performed, and recommended action items in order of priority. The checklist shall be submitted to the City of Poway Contract Specialist with the monthly invoice. The City shall review the recommended action items and authorize the necessary corrective maintenance/repairs. Recommended methods to complete each task, recommended labor hours required to complete each task, and recommended materials required to complete each task shall be authorized by the City. 13 of 24

2. Routine Cleaning -Frequency shall be once per month:
a. Designated job sites shall be swept clean of dust, dirt, and debris, and all foreign matter removed, including, but not limited to: litter, chewing gum, fecal matter, stones, glass, paper, metal, leaves, twigs and illegally dumped materials.
b. All unwanted markings including, but not limited to, paint, stickers, and signage, shall be removed from shelters, benches, signs, poles, trash cans, kiosks, map/schedule displays, etc.
c. Pedestrian access walkways including all sidewalks, decorative concrete walkways adjacent to transit areas, including curb lines, shall be cleaned in a manner to provide safe, unobstructed public use/access.

June 4, 2024, Item #11
14 of 24
d. All accessible areas including, but not limited to, inside roof areas, walls, and posts shall be cleaned using approved methods and eliminating all cobwebs and other unwanted debris.
e. All planting bed areas not planted with groundcover or filled with concrete shall be raked and the debris shall be removed. f. Excess or overgrown shrubs and plant materials within the designated areas (on public property) shall be trimmed back from controller units, valve boxes, benches and other transit facilities to maintain proper clearance and cleanliness, and the debris shall be removed. g. All debris that may restrict proper drainage flows within the gutter channel or at the inlet, including soil, weeds and litter shall be removed in accordance with City's Best Management Practices (BMPs). h. Weeds shall be removed from all bus stop sites and shall be removed from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. Weeds shall be cleared by hand, mechanical, or chemical methods. The City may restrict the use of chemical weed control in certain areas. The Contractor shall maintain a ten-foot (1 O'), weed-free strip next to all bus transit stops.

3. Supplemental Cleaning: The Contractor(s) shall implement and follow all mobile and surface cleaning Best Management Practices for Power Washing as established by APPENDIX B. The Contractor shall perform the following supplemental work once per year:
a. Power wash surfaces and shelters on an as-needed basis or upon City request. At a minimum, wash water must be filtered before entering a storm drain or removed in accordance with Best Management Practices (BMPs) established by the City of Poway.
b. Power wash trash receptacles at each stop. At a minimum, wash water must be filtered before entering a storm drain or handled in accordance with Best Management Practices (BMPs) established by the City of Poway.

B. Part B -Maintenance and Repair Services:
a. Replace missing or broken light bulbs (at lighted shelter stops). b. Replace missing fixtures or parts at shelters and on benches and kiosks. c. Repair or replace broken fixtures or parts at bus shelters, bus stops, and on benches and kiosks.

June 4, 2024, Item #11
15 of24
d. Touch up (e.g., sanding, painting, buffing) at shelters, bus stops and on benches and kiosks. The Contractor(s) shall receive City approval with regard to painting benches and kiosks. Paint type, quality, and color is to match the existing paint, whenever possible, with approval by the City.

The application process shall be per manufacturer's instructions and guidelines.

1. Pest Control: Areas shall be inspected regularly for signs of pests.

Pesticides shall be used only upon the recommendation of a State of California Department of Pesticide Regulation Licensed Pesticide Advisor.

The Contractor shall assume all liability, licensing and responsibility for the use of all pesticides and herbicides.

The Contractor is responsible for applying the appropriate remedy at the recommended amounts by a State of California Department of Pesticide Regulation licensed operator. The name of the product applied, and the treatment shall be submitted in writing to the City, and application dates coordinated with the City. Safety Data Sheets (SDS's) of any chemicals used by the Contractor shall be provided by the Contractor to field crews and the City. Copies of all Pesticide Use Reports, Restricted Materials Permit, and any other documentation provided to the State of California, or the County of San Diego shall be provided to the City.

Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the treatment area. Application methods shall be used which ensure that materials are confined to the treatment area.

Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall comply with the guidelines established by the State of California Department of Pesticide Regulation.

Spray equipment shall be in good operating condition, of high quality, and designed to efficiently apply materials to the treatment area. Pesticide drift will be minimized by avoiding high-pressure applications and using water­ soluble drift agents.

2. Supplemental Maintenance: The Contractor shall perform the following supplemental work once per year:
a. Replace light bulbs at lighted shelters.
b. Conduct termite inspection of all wood shelters by a State of California Structural Pest Control Board Licensed Operator.
c. Sand and refinish benches. The Contractor(s) shall receive City approval with regard to painting benches and kiosks. Paint type, quality, and color is to match the existing paint, whenever possible, or as accepted by the City. The application process shall be per June 4, 2024, Item #11
manufacturer's
instructions
and
guidelines.
d.

Paint
bus
shelters.

The
Contractor(s)
shall
receive
City
approval
with
regard
to
painting
shelters
and
kiosks.

Paint
type,
quality,
and
color
is
to
match
the
existing
paint,
whenever
possible
, or
as
accepted
by
the
City.

The
application
process
shall
be
per
manufacturer's
instructions
and
guidelines.

C.

Part
C
-Graffiti
Removal
Call-Outs
B.

The
Contractor(s)
shall
implement
and
follow
all
mobile
and
surface
cleaning
Best
Management
Practices
for
Power
Washing
as
established
in
the
City
of
Poway's
"Preventing
Urban
Runoff
Pollution,"
brochure,
herein
attached
as
Appendix
B.

The
Contractor(s)
shall
receive
City
approval
with
regard
to
painting
benches
and
kiosks
.

Paint
type,
quality,
and
color
is
to
match
the
existing
paint,
whenever
possible,
or
as
accepted
by
the
City.

The
application
process
shall
be
per
manufacturer's
instructions
and
guidelines.

City
policy
is
to
remove
graffiti
within
twenty-four
(24)
hours
of
notification.

If
the
City
receives
notification
of
a
graffiti
incident
at
any
City
bus
stop
facility,
the
City
shall
request
the
Contractor
to
remove
the
graffiti
within
twenty-four
(24)
hours
from
the
time
the
Contractor
is
notified
by
the
City
. The
City
shall
define
the
scope
of
each
"incident.
" Payment
for
this
work
on
either
a
time
or
material
basis,
or
per
incident,
shall
be
at
the
discretion
of
the
City.

The
City
may
exercise
the
option
of
performing
this
work
through
its
Public
Works
Department
in
order
to
comply
with
the
twenty-four
(24)
hour
policy.

The
City
has
no
obligation
to
compensate
the
Contractor
if
the
City
completes
the
work.

Compensation
and
Reimbursement.

City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals
dated
May
2,
2024,
which
are
included
in
this
document
as
Attachment

1. Contractor's
fee
shall
include,
and
Contractor
shall
be
responsible
for
the
payment
of
all
federal,
state
, and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received. In
addition
to
said
consulting
fee,
Contractor
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging,
telephone,
and
travel
(air,
auto
, rail)
necessarily
incurred
in
performance
of
the
services
. Contractor
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.

All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25.00).

Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City
. All
air
travel
shall
be
billed
at
coach
or
special
fare
rates.

Reimbursement
for
lodg
ing
is
limited
to
travel
from
outside
of
San
Diego
County.

Contractor
shall
receive
prior
authorization
16 of
24 June 4, 2024, Item #11
for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing July 1, 2024, and ending June 30, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2026. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

D. Contractor's Insurance.
1 . Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) 17 of 24
June 4, 2024, Item #11
"City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Contractor:
18 of24
City of Poway
P.O. Box 789
Poway, CA 92074
SCA of CA, LLC
4141 Rockside Road, Suite 100
Seven Hills. OH, 44131
June 4, 2024, Item #11
31 2 91
3 45
4 5
19 of 24
ATTACHMENT 1

FEE SCHEDULE
Bus Shelter*
Maintenance
of 1 Shelter Maintenance $29.00
per month
Bus Bench*
Maintenance
of 1 bench Maintenance $23.00
per month
Bus Stop -No Bench or Shelter*
Maintenance Maintenance $20.34 of 1 bus stop
$899.00
$2,093.00
$915.30
Labor Rates for As-Needed/Extraordinary Maintenance
Hour Skilled Labor $35.00 N/A
(Hourly)
Unskilled $28.00
Hour Labor N/A
(Hourly
(Remainder of page intentionally left blank)
$10,788.00
$25,116.00
$10,983.60
$875.00
(Hourly x 25)
$1,120.00
(Hourly x40)
June 4, 2024, Item #11

EXHIBIT
"8"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.

Deering's
California
Codes
Annotated>

GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article
4 California
Public
Employees'
Pension
Reform
Act
of
2013
§ 7522.56.

Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This section
shall
apply
to
any
person
who
is
receiving
a
pension
benefit
from
a
public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a
contract
directly
by,
a
public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section.
(c)
A
person
who
retires
from
a
public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a
public
employer
either
during
an
emergency
to
prevent stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
(d
) Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a
total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system
. The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate
. A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
20 of
24 (1)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a
public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
June 4, 2024, Item #11
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer.

A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
21 of24
(1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a
consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.

The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if abuses
of
the
system
occur.

If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority
.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a
consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a
consent
calendar.

June 4, 2024, Item #11
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
22 of 24
June 4, 2024, Item #11

GUARANTY
To the City of Poway, City Council, for:

BUS STOP CLEANING AND MAINTENANCE SERVICES
The undersigned guarantees the work included in this project(s).

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.

Contractor
Date
23 of24
June 4, 2024, Item #11

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:

Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self­ insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
24 of24