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AGREEMENT
CITY OF SIGNAL HILL
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 13th day of June, 2023, by and between the City of Signal Hill, a municipal corporation, organized under the laws of the State of California, located at 2175 Cherry Avenue Signal Hill, CA 90755 (“City”) and CleanStreet, LLC, a CALIFORNIA LIMITED LIABILITY CORPORATION, with its principal place of business at 1937 W 169th St, Gardena, CA 90247 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain street sweeping maintenance services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement.
Contractor represents that it is experienced in providing street sweeping maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Citywide Street Sweeping Services (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the street sweeping maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Thomas Bekele, Public Works Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Rick Anderson, Director of Business Development, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”).
Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 55728.00300\33359534.1
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3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.10 .Labor
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3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.2.10.3 It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.10.4 unused
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
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3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs. 55728.00300\33359534.1
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3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Signal Hill Local Implementation Plan (“LIP”). Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any
enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, policies and standards described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth 55728.00300\33359534.1
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in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED FORTY SEVEN DOLLARS and TWENTY CENTS ($ 314,847.20) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.
The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all nondisputed and approved charges thereon. If the City disputes any of Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor: CleanStreet, LLC
1937 W 169th St.
Gardena, CA 90247
ATTN: Rick Anderson, Dir. of Business Development
City: City of Signal Hill
2175 Cherry Avenue
Signal Hill, CA 90755
ATTN: Margarita Beltran – Public Works
Superintendent
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any 55728.00300\33359534.1
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manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 55728.00300\33359534.1
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Independent Contractors and Subcontracting.
3.6.1 Use of Contractors. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). 55728.00300\33359534.1
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To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.6.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.6.2 Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all applicable provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7 Labor Code Compliance
3.7.1 Audit Rights. City shall have the right to audit Consultant’s compliance with this Agreement and California Labor laws with respect to Consultant’s personnel, including, but not limited to, Consultant’s compliance with Sections 3.2.1, 3.2.10 and 3.6.2. Upon City’s request, Consultant shall provide within five (5) business days documents sufficient to demonstrate its compliance with this Agreement including, but not limited to, W4s, itemized wage statements, employee handbooks, and time cards for any of Consultant’s personnel who provide the Services.
CITY OF SIGNAL HILL CleanStreet, LLC
By: By:
Carlo Tomaino
City Manager
Erin Quinn, Vice President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
[INSERT NAME AND TITLE
By:
City Clerk
APPROVED AS TO FORM:
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By:
Matthew L. Richardson
Best Best & Krieger LLP
City Attorney
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Exhibit “A”-1 CITYWIDE STREET SWEEPING SERVICES
Exhibit “A”
Scope of Maintenance Services
The Contractor shall provide all labor and equipment necessary to perform street sweeping services on all City Street public rights-of-way and city-owned parking lot facilities in accordance with this agreement and the following specifications.
Areas to be maintained
1. Approximately 115 curb miles of City streets as shown in Exhibit A-1
2. The following City facility parking lots:
Facility Parking Lots
Exhibit
Number Location Address Number of
parking spaces
Street Sweeping Schedule
A-2
City Hall Employee Lots 1919 E. Hill St.
70 (46 upper, 24
lower)
Friday, 4 a.m. - 8 a.m.
A-3 Civic Center Parking Lot 1800 E. Hill St. 26 Friday, 4 a.m. - 8 a.m.
A-4 Library Parking Lot 1800 E. Hill St. 54 Friday, 4 a.m. - 8 a.m.
A-5 Police Station Public Lot 2745 Walnut Ave. 26 Friday, 4 a.m. - 8 a.m.
A-6 Police Station Secured Lot 2745 Walnut Ave. 57 Friday, 4 a.m. - 8 a.m.
A-7 Calbrisas Park 2451 California Ave. 8 Wednesday, 8 a.m. - 12 p.m.
A-8 Discovery Well Park 2200 Temple Ave. 26 Monday, 4 a.m.- 8 a.m.
A-9 Hilltop Park 2351 Dawson Ave. 7 Monday, 8 a.m.- 12 p.m.
A-10 Dog Park 3146 California Ave. 13 Friday, 4 a.m. - 8 a.m.
A-11 City Yard 2175 E. 28th St. N/A Wednesday, 4 a.m. - 8 a.m.
A-12
Signal Hill Civic Center 2175 Cherry Ave. N/A
Per Street Sweeping
Schedule Map (Exhibit A-1)
A-13 Spud Field 1828 E. 21st St. 12 Tuesday, 8 a.m. - 12 p.m.
3. Special event and emergency cleaning, as needed.
Street Sweeping Services
The primary objective of street sweeping is to pick all debris to ensure free flow of water in the gutter and to maintain the streets in a state of cleanliness. Sweeping shall normally consist of a single pass over an area, although additional passes shall be made as necessary when conditions warrant special attention. Debris collection may require more than one pass in order to sufficiently clean the street. Extra effort will be required when sweeping equipment leaves a dirt/silt smear in its swept pathway. Extra effort will be strictly enforced during and after windy conditions and storm weather. This service shall be included in the unit curb-mile price at no additional cost to the City.
Debris shall consider to be all litter, rubbish, leaves, sand, dirt, garbage and other foreign material removable from a paved street with a street sweeper. Items of 55728.00300\33359534.1
Exhibit “A”-2 CITYWIDE STREET SWEEPING SERVICES
excessive size, such as cardboard, palm, fronds, large rocks, etc. shall be physically picked up and placed in the sweeper by the contractor. The selected contractor shall be responsible for providing all labor and equipment necessary to perform street sweeping services on a weekly basis including the sweeping of all arterials, collectors, industrial, residential and commercial streets, cul-de-sacs, high traffic intersections, median island curbs and catch basin inlets. All city facility/parks parking lots will be swept once a week per the posted timeframes and schedules.
Hours
Street sweeping is performed on Monday, Tuesday, Wednesday, and Friday each week. Street sweeping hours are 8:00 a.m. to 12 noon in residential areas and 4:00 a.m. to 8:00 a.m. in the business and commercial/industrial districts of the City. A map of the City’s street sweeping schedule is provided as Exhibit A-1. Some areas may be posted with different hours than noted above. It is the Contractor’s responsibility to familiarize themselves with these areas and adjust their sweeping schedule accordingly.
Holidays
The Contractor is not required to sweep streets on Sundays nor on any of the following holidays or any additional holidays set forth in any collective bargaining agreement which may be entered into between the Contractor and its employees, a copy of which is to be provided to the City.
a. New Year’s Day
b. Memorial Day
c. Independence Day (July 4th)
d. Labor Day (first Monday in September)
e. Thanksgiving Day
f. Christmas Day
During the week of a holiday, the Contractor shall adjust the weekly schedule to as to return to the normal weekly schedule the following week. Sweeping scheduled for a holiday shall be completed within seven (7) days following the holiday. Holiday sweeping schedules must be submitted to the Contract Officer thirty (30) days prior to the holiday. No modification of this holiday schedule shall be effective unless authorized in writing by the Contract Officer.
Weather Conditions
The Director of Public Works or designee reserves the right to be the sole judge if the weather is too inclement to sweep the streets. When adverse weather interrupts sweeping, the Contractor shall adjust the work schedule so as to return to the normal weekly schedule the following week. The City reserves the right to direct schedule changes made necessary due to inclement weather. In the event of a rainy day, the Service Provider shall obtain approval from the City’s Public Works Director or his designated Public Works representative for the day’s sweeping. 55728.00300\33359534.1
Exhibit “A”-3 CITYWIDE STREET SWEEPING SERVICES
Sweeping Practices and Standards of Performances
All work shall be performed in accordance with the highest maintenance standard. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.
Areas of street shall include curb lines along both sides of the roadway or to the edge of pavement where no curb exists, along all curbs on raised medians, over all portions of painted median, painted left and right turn pockets, and all intersection cross-gutters.
While Contractor is normally responsible for the 8 foot wide strip (sweeper width), curb to curb sweeping, an additional width of street may need to be swept at some locations due to unforeseen circumstances and shall be included within the curb mile price.
Each street shall be swept clean to the adjacent property line. Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property nor drain water onto the street from the rear hopper. Sweeper shall travel with the direction of traffic at all times. Debris shall not be swept onto residential and arterial driveway aprons, sidewalks, and access ramps. Contractor will be responsible for the manual clean-up of any debris. Clean- up will be completed at time of occurrence at Contractor’s expense.
Contractor shall remove all loose debris obstructions and material normally picked up and removable by a fully operational street sweeper. This includes, but is not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, and litter.
Noses or ends of curbed medians and arterial intersection turn pockets and arterial intersection center areas and dead spots are to be maintained on the same frequency as the median or intersection for which they are associated and included in the curb mile price.
Curb returns (radii) at intersections of arterial and residential streets will be swept along their entire length and free of debris on scheduled arterial sweeping days.
Bulb outs, islands, and City parking spaces need to be cleaned by appropriately sized and style sweeper, in addition hand or blower should be included as part of the regular duties in the sweeping schedule. Areas to be swept that may cause damage to the Contractor’s equipment used, or any City property equipment used are to be sweep by hand or blower.
The Contractor shall transport and dispose of all sweepings in accordance with all county, state, and federal requirements. Sweepings are NOT to be unloaded at permanent or temporary storage sites on City, state or federal property within the City boundaries. Contractor shall deliver collected street sweepings to a facility to process waste. The Contractor shall be solely 55728.00300\33359534.1
Exhibit “A”-4 CITYWIDE STREET SWEEPING SERVICES
responsible for all fees involved in the recycling/disposal of sweepings collected in the City. The Contractor shall be solely responsible for all labor, materials, equipment, fees, and expenses to haul debris away. The City will not allow for sweepings to be dumped directly on the ground at the City Yard or stored overnight.
Water shall be used during all sweeping operations to minimize dust except when otherwise requested by City staff. Water shall be provided by the City at designated hydrant locations. An approved backflow device must be installed on all sweeping trucks to be used in the City. City staff shall train the sweeper operators on the proper operation of the hydrants. Sweeper shall operate at designated speeds based on recommendations by the equipment manufacturer for optimum sweeping performance (typically 6- 8 mph or less). Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases, to ensure curb-to-curb coverage of the street.
Streets with raised medians (commercial and residential) shall have their curbgutter perimeter swept, including turnouts. Street-grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations.
Speeds in excess of designated speed for sweeping will result in a verbal warning for the first violation. A written warning will be given for the second violation, and a “Failure to Perform” notice will be issued upon the third violation. Contractor’s street sweeper drivers shall maintain good safety and driving records, valid operator’s licenses and use extreme caution during all street sweeping operations.
A significant number of City streets are posted no parking for street sweeping during designated hours on various days of the week. It is imperative that the Contractor maintain a firm schedule for sweeping posted streets, as the Contractor is required to coordinate sweeping operations with City Public Works Department.
The Contractor is required to correct deficiencies within the time specified by the City. Re-sweeps of the deficient area will not be billed to the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. No City lot space is available for storage of any Contractor equipment.
Obstructions
Non-swept or items that cannot be picked up by the sweeper such as small tree limbs, palm fronds, rocks, silt, mud, trash and debris shall be removed from the sweeping path by the sweeping operator rather than going around it. Larger obstructions such as impaired vertical and/or horizontal clearance by tree limbs, construction or landscape Contractor debris, etc. shall be immediately reported to City when the location cannot be swept and should be included in the monthly activity report to the City. Contractor 55728.00300\33359534.1
Exhibit “A”-5 CITYWIDE STREET SWEEPING SERVICES
may go around homeowner landscaping debris, and landscape or construction debris only when all of the following conditions are met:
Source of debris is obvious and not natural accumulation. Debris should be bagged and/or disposed of by party responsible. Contractor is not responsible for areas missed because of parked vehicles and other personal property such as toys, bicycles and skateboard ramps.
The contractor must notify the Public Works Director or designee, by the end of the workday, if any area was missed due to the conditions listed above.
Equipment Requirements and Maintenance
Quality and quantity of the equipment used by Contractor for the sweeping of streets shall be of the highest available standard to perform the work required herein within the hours of work specified and it shall be maintained in excellent condition by the Contractor.
Standards of maintenance for equipment used by the Contractor shall, at a minimum, meet equipment manufacturer’s recommendations and industry standards.
All Contractor vehicles shall have safety feature decals, shall be painted a uniform color, and shall bear in legible letters Contractor’s name. The Contractor shall maintain the hotline phone number prominently visible on all sweepers.
Sweepers used must be one of the following types: regenerative air, broom/brush sweeper, vacuum sweeper, or other which can be proven to be equally effective at removing fine particulate matter and sediment. Equipment shall control and remove dust from the surface being swept, and control airborne particles to the maximum extent practicable in compliance with the existing AQMD Standards to the Clean Air Act. All sweeping equipment used by Contractor for City shall be compensated at the same curb mile cost. Equipment shall be no older than five (5) years at any time during the Agreement. When new vehicles are added to the fleet, they shall be models of the latest design and construction and shall not be prototype models. Any changes in the Contractor’s sweeping equipment from the initial equipment must have prior approval from the City. Minimum Sweeping Width Required:
Equipment must be capable of sweeping a minimum eight (8) foot width as measured with all brooms in the sweeping position. Equipment unable to do this is unacceptable.
Equipment shall be maintained both visually and operationally. Paint and body of street sweeper shall be maintained in good condition with no visible rust or body damage.
Contractor shall keep accurate records of maintenance and repairs on equipment used in this contract, which shall be available at any time for the City to request. City shall have the right to perform periodic inspections of the 55728.00300\33359534.1
Exhibit “A”-6 CITYWIDE STREET SWEEPING SERVICES
equipment. Contractor shall replace worn parts as required and install brooms of the appropriate weight. All adjustments and repairs shall be done in a timely manner. Contractor shall maintain proper brush adjustment, rotation rate, and sweeping pattern to maximize sweeping efficiency per manufacturer’s recommendations. Contractor shall periodically review maintenance and operation procedures to determine if procedures are being properly implemented. Contractor is responsible for all the cost associated with the maintenance of equipment.
Vehicle engines shall be routinely maintained as to insure high level of service during all sweeping operations and must comply with all State of California Department of Motor Vehicles, CAL-OSHA and all other applicable codes or requirements by the state, county and City.
Sweepers must be maintained in adequate mechanical condition to maintain factory noise specifications. Sweepers exhibiting brake, clutch, broom, belt, exhaust or other mechanical related noise levels above manufacturer specifications must be removed from service and repaired prior to return to service.
Street sweepers used for arterial street sweeping shall have all warning lights and mounted traffic control devices maintained in operation at all times.
Additionally, a rotating 360 degree safety beacon or comparable traffic safety light is required to be placed on roof of truck cab or atop hopper.
Sweeper equipment operators shall wear personal protective clothing and equipment, including a certified federal and state compliant retro-reflective orange safety vest at all times.
A rear-mounted left/right arrow stick shall be required for arterial and bike lane sweepers.
Contractor will comply with all County and local sound control and noise level rules, regulations, and ordinance, which apply to any work performed pursuant to the Contract, and will make every effort to control any undue noise resulting from its operation.
All equipment used in performance of this contract shall be in compliance with AQMD Rule 1186/1186.1 for less polluting sweepers. Information on the sweepers to be used in the City shall be included with the Contractor’s submitted Proposal response, along with proof of AQMD rule 1186/1186.1 compliance. All equipment shall conform to AQMD PM 10 Standards and include the required dust control components.
Please note the City does not own a CNG fuel station. Equipment shall control and remove dust from the surface being swept, and control airborne particles to the maximum extent practicable in compliance with existing AQMD Standards and the Clean Air Act. No chemicals, including but not limited to chloride, nitrates, and chloroform, shall be used to enhance the cleaning of the street.
Contractor must comply with the Clean Water Act and National Pollutant Discharge Elimination System (NPDES) requirements, including maintaining 55728.00300\33359534.1
Exhibit “A”-7 CITYWIDE STREET SWEEPING SERVICES
all necessary permits. Failure to comply may result in fines imposed by the City, Regional Water Quality Control Board and other federal or state agencies.
A real time GPS shall also be installed on each sweeper to measure and document the location, speed, and curb miles swept. The selected Contractor must have the ability to track, gather and provide real-time data with the use of the GPS tracking system, for each sweeper while performing services for the City. The City will request a report, on an as-needed basis, that includes, but is not limited to the following: speed, direction, location on a map, address, distance traveled, broom operations (on/off). No advertising of any kind or description, bill posters, printed, painted, or by any other means of method of application shall be placed by the Contractor without authorization by the Public Works Director or his designee.
Safety
All work performed to complete scope of work herein shall be performed in a manner to provide maximum safety to the public, and where applicable, shall comply with all applicable safety standards and regulations included requirements by CAL-OSHA.
The Public Works Director or his designee reserves the right to issue a restraint or cease and desist order to the Contractor when unsafe or harmful acts are observed, or reported, relative to performance of scope of work. All Contractor vehicles shall have a “W.A.T.C.H.” work area traffic control manual at all times.
Workmanship and Supervision
The Contractor shall provide sweeper operators and equipment sufficient to complete the work specified herein. All workers shall be thoroughly skilled and experienced to perform the work specified herein. Workers shall be neat in appearance, and wear uniforms as approved by the Public Works Director or his designee. All workers shall wear identification badges or patches. Supervisors responsible for adherence to work specified herein shall have the ability to communicate effectively, both in written and oral English, and shall be available during all times during contract operations.
Notification of Non-Sweeping
The contractor shall provide City representative on a daily basis a list of all interruptions to the street sweeping schedule. Contractor shall provide a list of non-sweepable streets to City by email to the Public Works Director or designee, at the end of each workday.
The contractor’s notification of non-sweeping for reasons within the control of the Contractor including equipment failures or non availability of drivers shall not be paid by the City. The City shall notify Contractor by email in advance of any requests for temporary halt or interruption of schedule. City’s notification will serve as a non-sweep day and will not be paid for by City unless an alternative sweeping schedule is coordinated by Contractor and is submitted to City for approval. 55728.00300\33359534.1
Exhibit “A”-8 CITYWIDE STREET SWEEPING SERVICES
Report Requirements
The Contractor shall keep accurate records concerning all of the Contractor’s employees or agents, and provide the City with names and telephone numbers of emergency contact employees. In addition, the Contractor shall on a monthly basis, file reports with City detailing the listed information for the previous month. The reports shall be submitted with the invoice for the previous month. The City reserves the right to change the format or requirements of the reports at any time. The following reports shall be submitted to the City in a timely manner:
- Street Sweeping Daily Log: Daily report of each sweeping area detailed by name and description, date swept, frequency, curb-miles swept, impediments to effective cleaning, and the amount of waste collected. - Scheduled areas not done or not completed as scheduled, as shown on a map, reasons, and the date and time missed areas were swept.
- Complaints: quantity, detail of each complaint, actions taken, resolution. - Monthly totals of waste collected, total weight, location of disposal, and cost of disposal to Contractor.
- Monthly total of recycled material, weight, cost and location of recycling plant.
- Monthly log of water taken from each hydrant, noting date, time, driver name, hydrant location and gallons of water used.
- Constant record of each sweeper’s speed in miles per hour, hours of vehicle operation and brush operation (report to be provided at the City’s request).
- Failure to submit required reports with the invoice would result in delay of payment of invoice until such time that reports are submitted to the satisfaction of the City.
It is the Contractor’s responsibility to schedule and meet with the City Public Works Director or his designee on a quarterly basis for a performance review meeting, and to provide the City with monthly active reports.
Accident Reports
Contractor shall provide a copy of a detailed written report of any and all accidents involving Contractor’s vehicles, personnel and/or equipment while operating within the City, to the Public Works Director or his designee, within seven (7) days from the date of the accident. Said report shall include the date and time of the accident, and a copy of any new law enforcement reports resulting from the accident. Contractor shall provide the name and contact information of Contractor’s safety officer, including cell phone for emergency contact.
Complaints and Requests for Service
The City will notify by telephone and/or in writing, of each contract complaint reported to the City. Contractor shall investigate any complaints that may concern or involve the performance of the drivers and their sweeping operations. Contractor shall report to the Public Works Director or his designee, within 24 hours, that the matter has been 55728.00300\33359534.1
Exhibit “A”-9 CITYWIDE STREET SWEEPING SERVICES
investigated and identified any needed corrective action has been taken. The Contractor’s local office shall have twenty-four (24) hour telephone service (message machine capable) and a responsible person in charge Monday through Friday, to receive all complaints/requests for service forwarded by the residents and employees of the City of Signal Hill. All complaints shall be resolved within the following twentyfour (24) hour period. Contractor will maintain a “Complaint Log” which will be made immediately available to the City upon verbal or written request, and to the Public Works Director or designee weekly. A Contractor representative shall be available to the City by cell phone during any period of street sweeper operations occurring outside of regular business hours. The Contractor’s City representative will be responsible for inspection of streets being swept and to identify special requirements and deficiencies.
At the end of each week, this supervisor shall make contact with the City’s designated representative for the purpose of exchanging information about the week’s sweeping, including production and deficiency reports. If sweeping services are delayed, or cannot be provided for any reason, the Contractor’s City representative shall notify the City of Signal Hill at the beginning of the day’s operations. City phone calls to Contractor shall be returned within thirty (30) minutes as a mandatory requirement during the performance of the Agreement.
55728.00300\33359534.1
Exhibit “A”-10 CITYWIDE STREET SWEEPING SERVICES
Exhibit A-1
STREET SWEEPING SCHEDULE MAP
S igna l H i l l
E lementary
Schoo l
Juan Baut ista
A lvarado
E lementary
Schoo l
LBUSD Teacher
Resource Center
Jess ie E
Ne lson
Academy
Reservo ir
Park
H i l ltop Park
D iscovery
We l l Park
S igna l
H i l l Park
Her itage
Po int Park
1 1
405
405
Ridge Trail
Panorama Promenade
405
Dawson Ave
Orizaba Ave
E Hill St
O
cea
nview
D
r
Ju
nipe
r
o Ave
Jea
n
s
Ct
Discove
r
y
Way
Ch
err
y Av
e
E Hill St
Village Way
Llewellyn
Dr
E 20th St
E Willow St
Alamitos Ave
Ellis Ave
Orange Ave
Temple Ave
Cre
s
cent D
r
Ohio Ave
Gaviota Ave
Obispo Ave
Lewis Ave
Cerritos Ave
Lemon Ave
Bay View Dr
California Ave
Olive Ave
Amel
ia
Ct
California Ave
Skyline Dr
E Vernon St
Lime Ave
E Burnett St
Walnut Ave
Molino Ave
Myrtle Ave
E 33rd St
E 27th St
Ca talina Dr
E Wardlow Rd
E 25th St
E Nevada St
E 28th St
E 27th St
E 20th St
E 32nd St
E 33rd St
E 28th St
E 29th St
E 21st St
E Burnett St
Crescent Heights St
E 19th St
E Spring St
E Pacific Coast Hwy
E 19th St
E Panorama
Dr
Gladys Ave
Allian c e Ave
Hillcrest
S
t
Stanley Ave
N Kelley Dr
Westwind Way
E Columbia St
E 21st St
Avis
Ct
Sarah
C
t
Hat
h
a way Ct
Dawson Ave
Raymond Ave
Sunset Vw
Molino Ave
Du
d
ley
Ci r
Maxson Ct
Gaviota Ave
N Legion Dr
Brayton Ave
Gundry Ave
Gundry Ave
Walnut Ave
Rose Ave E Patterson St
E 28th St
Junipero Ave
Gardena Ave
Orange Ave
E 27th St
St Louis Ave
Raymond Ave
Stanley Ave
Dawson Ave
Gardena Ave
E Walton St
St Louis Ave
Gundry Ave
Falcon Ave
California Ave
Lewis Ave
Cerritos Ave
Lemon Ave
Brayton Ave
Orange Ave
Walnut Ave
Rose Ave
E Wall St
Myrtle Ave
Minerva Ct
Mars Ct
Olive Ave
Marietta Ct
Lime Ave
Broadway Ct
Freeman Ave
R
e
d
o
n
d
o
Ave
Coronado Ave
Eastwind W
ay
E Grant St
E Hill St
Gaviota Ave
Industry Dr
E Creston Ave
W Reservoir Dr Redondo Ave
Temple Ave
Signal Pkwy
E 23rd St
E 29th St
Junipero Ave
Combellack Dr
Palm Dr
Atlantic Ave
Searidge Dr
Orizaba Ave
E 20th St Discovery Way
Hummingbird Ln
E
21st
St
Signal Pointe
Temple Ave
Cresce
nt
Dr
Moonstone Dr
Sunset Vw
0 500 1,000 2,000 3,000 4,000
Feet
Exhibit A-1
Street
Sweeping
Schedule Map
Friday
Wednesday
Tuesday
Monday
4 a.m. - 8 a.m. 8 a.m. - 12 p.m.
Monday, 8 a.m. - 10 a.m.
City of Signal Hill | City of Long Beach | County of Los Angeles Updated 3/23/2023 55728.00300\33359534.1
Exhibit “B”-1 CITYWIDE STREET SWEEPING SERVICES
Exhibit “B”
Schedule of Maintenance Services
Contractor shall perform all services with the term of the Agreement and in accordance with the Specifications set forth under Exhibit “A”
55728.00300\33359534.1
Exhibit “C”-1 CITYWIDE STREET SWEEPING SERVICES
Exhibit “C”
Compensation
1. Routine Street Sweeping Service
Total cost per curb mile (approximately a total of 115 curb miles) swept in accordance with the schedule:
$ ___________________Per curb mile
Cost for facility parking lots swept in accordance with the schedule:
Facility Parking Lots
Exhibit
Number Location Address Street Sweeping Schedule Cost per week
A-2 City Hall Employee Lots 1919 E. Hill St. Friday, 4 a.m. - 8 a.m.
A-3 Civic Center Parking Lot 1800 E. Hill St. Friday, 4 a.m. - 8 a.m.
A-4 Library Parking Lot 1800 E. Hill St. Friday, 4 a.m. - 8 a.m.
A-5 Police Station Public Lot 2745 Walnut Ave. Friday, 4 a.m. - 8 a.m.
A-6 Police Station Secured Lot 2745 Walnut Ave. Friday, 4 a.m. - 8 a.m.
A-7 Calbrisas Park 2451 California Ave. Wednesday, 8 a.m. - 12 p.m.
A-8 Discovery Well Park 2200 Temple Ave. Monday, 4 a.m.- 8 a.m.
A-9 Hilltop Park 2351 Dawson Ave. Monday, 8 a.m.- 12 p.m.
A-10 Dog Park 3146 California Ave. Friday, 4 a.m. - 8 a.m.
A-11 City Yard 2175 E. 28th St. Wednesday, 4 a.m. - 8 a.m.
A-13 Spud Field 1828 E. 21st St. Tuesday, 8 a.m. - 12 p.m.
Total cost for approximately 115 curb miles and facility parking lots shown on exhibits A2 through A-11 and A-13, swept in accordance with the schedule:
$_________________Per month $____________Per year
2. Emergency or Special Event Street Sweeping
Hourly Rate for additional street sweeping services during regular working hours (6:30 a.m. to 5:30 p.m):
$_____________
Hourly Rate for additional street sweeping services after regular working hours (5:30 p.m. to 6:30 a.m):
$_____________
26,237.25 314,847.20
49.65 60.00
25.00 50.00
25.00 50.00
15.00 25.00
20.00 20.00
35.00 20.00
185.00
185.00
55728.00300\33359534.1
Exhibit “C”-2 CITYWIDE STREET SWEEPING SERVICES
Contractor Response time (after hours)
_____________________Minutes
The duration of all emergency or special event street sweeping services will be measured by the actual hours spent sweeping, plus the shortest travel time either to or from the work site. Response time to the City for after working hours requests shall not exceed two (2) hours. The total hours will be calculated to the nearest one-quarter hour (15 minutes).
Contractor shall provide a Performance Bond and Payment Bond pursuant to Sections 3.2.12.1 and 3.2.12.2 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
120
55728.00300\33359534.1
Exhibit “D”-1 CITYWIDE STREET SWEEPING SERVICES
EXHIBIT “D”
INSURANCE REQUIREMENTS
1.1 Insurance.
1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
55728.00300\33359534.1
Exhibit “D”-2 CITYWIDE STREET SWEEPING SERVICES
(A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would 55728.00300\33359534.1
Exhibit “D”-3 CITYWIDE STREET SWEEPING SERVICES
have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with 55728.00300\33359534.1
Exhibit “D”-4 CITYWIDE STREET SWEEPING SERVICES
all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.