HomeMy WebLinkAbout06 - CC-7 - Street Sweeping Services - 2/17/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 17, 2015 ITEM NUMBER: CC -7
SUBJECT: STREET SWEEPING SERVICES
DATE: FEBRUARY 6, 2015
FROM: PUBLIC SERVICES DEPARTMENT - MAINTENANCE SERVICES DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: BRUCE HARTLEY (714) 754-5123
BRUCE LINDEMANN (714) 327-7470
RECOMMENDATION:
1. Award a contract (Attachment 1) for street sweeping services to CleanStreet in the
annual amount of $699,600 with an initial term of five (5) years, with three (3) optional
one-year renewals.
2. Authorize the Chief Executive Officer and the City Clerk to execute the Agreement.
BACKGROUND:
In November 2014, a Request for Proposals (RFP) was advertised for comprehensive
street sweeping services. A non -mandatory, pre -proposal meeting was conducted on
November 20, 2014, with two (2) companies attending. Four (4) companies submitted
proposals prior to the December 4, 2014 deadline. Proposals were independently
reviewed by an Evaluation Committee consisting of City staff as well as an outside
agency staff member. The proposals were reviewed using the following criteria:
• Qualifications of the entity and key personnel
• Approach to providing the requested services
• Price proposal and cost benefit analysis
• Innovative and/or creative approaches or technologies
The Evaluation Committee met December 8, 2014 to review all the proposals received.
References were checked to verify the quality of service provided to the agencies
serviced by respective vendors. Based on the proposal evaluations by each Evaluation
Committee member as well as company references and financial information, the
Committee selected to interview the two (2) highest rated vendors.
Interviews were held on December 22, 2014 to provide the vendors an opportunity to
further clarify their proposals and demonstrate in detail how they would serve the City of
Costa Mesa. Following the completion of the interview process, the Evaluation Committee
reviewed the rankings of the finalists and determined that CleanStreet was the most
qualified company which met all of the requirements to provide high quality street
sweeping services to the City of Costa Mesa.
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CleanStreet is a full service, municipal street sweeping company that has been in
business since 1973. Street Sweeping is the core of their operation. Currently
CleanStreet provides contract street sweeping services to over fifty (50) municipalities.
CleanStreet has listed a number of innovative ideas in providing services, including the
use of Global Positioning System (GPS) technology to monitor the sweeping service by
route and the actual sweeper speed to ensure thorough sweeping of all streets.
CleanStreet has indicated this "real time" GPS information will be made available to the
City to confirm sweeper locations and speeds.
ANALYSIS:
In the past, the City's street sweeping services were provided by four (4) full-time
employees and a portion of a supervisor's time. In 2012 after much analysis, the City
Council directed staff to move forward with the outsourcing of the street sweeping
operations once the outsourcing constraints had been lifted. In order to prevent potential
layoffs to street sweeping operators, the positions in this section were not filled as they
became vacant through attrition. Currently all budgeted positions in the Street Sweeping
Section are vacant. The street sweeping operations have since been manned with
temporary employees and supplemented with staff from other Maintenance sections. This
temporary arrangement, although successful in preventing potential layoffs, resulted in
frequently missed routes, diminished sweeping frequency of the City's arterial routes, and
overall service reductions in street sweeping as well as other areas of operation. The level
of service in street sweeping and other impacted areas of operation will be restored once
the new vendor is on board.
In the City's RFP (Attachment 2), the vendors were provided with all of the City's street
sweeping route information and the expectations of the City to restore the service to
optimal levels. CleanStreet has clearly demonstrated the ability and commitment to meet
the City's expectations with their written proposal as well as during the interview process.
CleanStreet will continue to provide street sweeping on a weekly basis city-wide, with
arterial streets once again swept on a weekly basis. CleanStreet will also be recycling all
sweeping debris to help the City meet its recycling goals as mandated by AB 939.
CleanStreet will respond to sweeping issues whether received from the public or City staff
on the same-day received through re -sweeping of complaint areas and by responding to
customer issues within 24 hours. The customer service provided by CleanStreet and the
quality of the sweeping will be monitored and managed by existing City supervisory staff.
The City currently has four (4) front line street sweeper machines and one (1) backup
sweeper. The age of equipment varies from twelve to eighteen (12-18) years. The typical
service life for a street sweeper is eight to ten (8-10) years. All of the City's sweepers are
well beyond their useful life and will be sold at auction following the award of the contract.
CleanStreet would provide new AQMD compliant sweepers powered by clean -burning
natural gas (CNG); meeting all current air quality regulations. In addition, the new
sweepers will be equipped with GPS technology that will allow City staff and CleanStreet
supervisors to monitor operations in "real time". This technology is currently being used by
CleanStreet in the cities of Dana Point, Ontario, Garden Grove, and Buena Park, where it
has proven to be very useful in verifying work performed and improving customer service.
Should there be any non-performance complaints, this information may be reviewed by
City staff and CleanStreet supervisors to expedite corrective action. In the future, staff will
explore the possibility of adding the capability of public access to "real-time" GPS -based
sweeping data from the City's website.
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CleanStreet has indicated their willingness to be an integral part of the City's Maintenance
Services team and to actively promote and participate in community events. CleanStreet
expressed their willingness to assist the City with special event sweeping and unforeseen
circumstances such as responding to accident area cleanup or inclement weather
sweeping. Most specialty sweeping is already included in the proposed contract and
price.
CleanStreet submitted an extensive transition plan (Attachment 3), which includes riding
along with current City street sweeper operators on their routes; programming sweeping
routes into their GPS Systems; and working closely with City staff to minimize any
disruptions in service.
FISCAL REVIEW:
The City's Fiscal Year 2014-2015 budget for weekly street sweeping is $462,469. The
City's cost includes salary and benefits for the reduced staffing levels as well as the
operating costs for the sweepers and the disposal cost for the sweeping debris collected.
The current year's budget does not include the depreciation expense collected annually
to fund the replacement of the machines and does not include the cost for the fully -staffed
operation. Staff calculated the cost of returning to a fully -staffed in-house operation at
service levels comparable to what was requested in the RFP. In Fiscal Year 2008-2009,
the last year the street sweeping program was fully funded and staffed appropriately, the
budget was $800,871. This figure more accurately reflects the true operating cost of the
program as outlined in the City's RFP. To continue with in-house street sweeping
operations, the City would need to replace all five (5) sweepers in order to meet air quality
standards and to provide the expected level of service. The cost of one (1) new
alternative -fueled street sweeper is $290,000. The cost to replace the five (5) necessary
to continue an in-house street sweeping program would exceed $1,459,000. The current
condition of all City sweepers is such that all sweepers require immediate replacement
should in-house operations continue.
The cost for weekly street sweeping services as proposed by CleanStreet is $699,600
and it is the lowest of all the proposals received. The costs proposed by the other three
(3) vendors are $746,677.93, $958,692.15, and $1,421,617.
Although this amount is higher than the current program budget for street sweeping, it
reflects a projected annual savings of approximately $100,000 when compared to the
City's projected cost for replicating the service levels of the past. Additional savings
would be realized through the cost avoidance of replacing the current sweepers; a one-
time savings of $1,459,000, and the on-going depreciation expense to provide for the
future replacement of the machines. Eliminating the depreciation expense is estimated to
save between $180,000 and $200,000 annually based on an eight-year service life, or
$145,000 per year based on a ten-year service life. The total annual savings realized by
contracting out this service would be approximately $250,000 to $300,000. Additionally,
the award of this contract will result in reduced maintenance costs of approximately
$135,000 per year.
Savings realized from not having salary, benefit, or other labor -related cost increases over
the life of the contract would add to the reduced comparable cost of the contracted
services as compared to in-house costs. These would be difficult to project accurately.
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ALTERNATIVES CONSIDERED:
The City Council may select another company to provide the required services or
direct staff to re -advertise the Request for Proposals. However, selection of this
alternative would not likely result in a lower cost proposal, or increased service levels.
2. The City Council could direct staff to maintain street sweeping services by City staff.
If this alternative is selected, City staff will include in the proposed budget for FY
2015-16 the costs associated with the implementation of that direction, which would
include the necessary additional salaries, benefits, and operational costs to restore
the program; including the cost for the replacement of (5) five street sweeping
machines.
LEGAL REVIEW:
During the recent negotiations for a new Memorandum of Understanding (MOU) between
the City of Costa Mesa and the Costa Mesa City Employees Association (Association),
City representatives worked in conjunction with the Association to come to an agreement
that allowed for the outsourcing of the Street Sweeping Program. It was agreed that no
full-time employees could be displaced. The agreement to allow outsourcing of the Street
Sweeping Program was an integral part of the negotiation process that resulted in the
new MOU. Therefore, there is no pending legal action that would prevent the award of a
contract for street sweeping services to a private company.
The City Attorney has reviewed the Agreement (Attachment 1) and approved it as to
form.
CONCLUSION:
The City of Costa Mesa City Council directed staff to evaluate various options for
providing Street Sweeping services, including contracting with private vendors. The City
Council authorized the issuance of a Request for Proposals to obtain a qualified firm to
provide the services.
Following established procedures for procuring vendor proposals, including formation of a
contracting committee and development of a detailed scope of services, a total of four (4)
vendors submitted proposals for street sweeping services. Based on a thorough
evaluation of all proposals and a review of the cost for services for maintaining in-house
street sweeping, it was determined that the proposal submitted by CleanStreet represents
the best value to the City. The annual cost for services as proposed by CleanStreet is
$699,600, which represents a significant one-time and annual cost savings when
compared to maintaining the services in-house. It is recommended that the Council award
a contract to CleanStreet for City-wide street sweeping services.
ERNESTO MUNOZ
Public Services Director
BRUCE HARTLEY
Maintenance Services Manager
M
ATTACHMENTS: 1. Professional Services Aareement
City's Request for Proposals
CleanStreet's Proposal
DISTRIBUTION: Chief Executive Officer
Assistant Chief Executive Officer
City Attorney
City Clerk Division
Staff
File
ATTACHMENT 1
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
CLEAN STREET
THIS AGREEMENT is made and entered into this 1St day of March, 2015 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
CLEANSTREET, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to perform street sweeping services, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the City's Request for Proposal ("RFP"), attached hereto as Exhibit "A," and Consultant's
Response to City's RFP (the "Response") attached hereto as Exhibit "B," both incorporated herein
by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of Com. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work
will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If the quality
of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which may
be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status,
sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "B" (the "Fee Schedule"). Consultant's total compensation shall not exceed Six
Hundred Ninety Nine Thousand Six Hundred Dollars ($ 699,600.00) per year.
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City or
the Project Manager for this Project, prior to Consultant performing the additional services,
approves such additional services in writing. It is specifically understood that oral requests and/or
approvals of such additional services or additional compensation shall be barred and are
unenforceable.
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2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail, the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective Date
of this Agreement. Said services shall be performed in strict compliance with the Detailed Project
Schedule approved by City as set forth in Exhibit "B." The Project Schedule may be amended by
mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently
pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delors. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and unless earlier
terminated as allowed for in the approved Agreement, contract term shall be for a period of five
(5) years. The term of the Agreement shall automatically be extended for up to three (3) additional
one (1) year terms with the extensions to automatically commence upon the expiration of the
initial term or any extended term, unless the City notifies Proposer in writing at least thirty (30)
days before the end of the initial term or any extended term, of its intent to terminate the
Agreement at the conclusion of the initial term or any extension. At the conclusion of the final
term of the Agreement, the City Manager shall have the authority to consent to an extension of
the Agreement for a reasonable period of time, on a month to month basis, under the same terms,
until a new Agreement is awarded.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
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prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Consultant in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of delivery of termination notice to
Consultant, at no cost to City. Any use of uncompleted documents without specific written
authorization from Consultant shall be at City's sole risk and without liability or legal expense to
Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Consultant pursuant to its contract with the City; products and
completed operations of the Consultant; premises owned, occupied or a
used by the Consultant; automobiles owned, leased, hired, or borrowed by I
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the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall
it be cancelled, nor the coverage or limits reduced, until thirty (30) days
after written notice is given to City.
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
Costa Mesa shall be excess and not contributing with the insurance
provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible
or self-insured retention to provide such coverage, the amount of such deductible or self-insured
retention shall be approved in advance by City. No policy of insurance issued as to which the
City is an additional insured shall contain a provision which requires that no insured except the
named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The certificates
of insurance shall be attached hereto as Exhibit "C" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which Consultant may be
held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City CEO or his or her designee shall be the representative
of City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this I
Agreement.
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6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile
or mail and shall be addressed as set forth below. Such communication shall be deemed served
or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at
the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit
in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through
regular United States mail.
IF TO CONSULTANT:
CleanStreet
1937 W. 169th Street
Gardena, CA 90247
Tel: (800) 225-7316 ext. 108
Fax: (310) 538-8015
Attn: Rick Anderson
IF TO CITY.-
City
ITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 754 -
Fax: (714) 754-
Attn: Bruce Lindemann
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"D" and incorporated herein by reference. Consultant's failure to conform to the requirements set
forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be
cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's
obligation to perform all other obligations to be performed by Consultant hereunder for the term
of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, actions, suits or other legal
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proceedings brought against the City, its elected officials, officers, agents and employees arising
out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the
work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall
apply without any advance showing of negligence or wrongdoing by the Consultant, its
employees, and/or authorized subcontractors, but shall be required whenever any claim, action,
complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the
Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action,
complaint or suit asserts liability against the City, its elected officials, officers, agents and
employees based upon the work performed by the Consultant, its employees, and/or authorized
subcontractors under this Agreement, whether or not the Consultant, its employees, and/or
authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification
of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful
misconduct of the City. This provision shall supersede and replace all other indemnity provisions
contained either in the City's specifications or Consultant's Proposal, which shall be of no force
and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits. 01a
7CIeanStreet PSA
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses,
and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other Project related items as requested by City or its authorized representative, at no
additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the Political
Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and
subconsultants shall not, without the prior written approval of the City Representative, perform
work for another person or entity for whom Consultant is not currently performing work that would
require Consultant or one of its officers, employees, associates or subconsultants to abstain from
a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard to
the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
8CleanStreet PSA
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring
or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired,
which determination made by the presiding court or arbitrator of competent jurisdiction shall be
binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said 4 11
9CIeanStreet PSA
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Date
Chief Executive Officer
CONSULTANT
Date
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE
Risk Management
DEPARTMENTAL APPROVAL
Public Services Director
Date:
Date:
Date
10CIeanStreet PSA
EXHIBIT A
REQUEST FOR PROPOSALS
11CIeanStreet PSA
EXHIBIT B
CONSULTANT'S PROPOSAL
12CIeanStreet PSA
EXHIBIT C
CERTIFICATES OF INSURANCE
13CIeanStreet PSA
EXHIBIT D
CITY COUNCIL POLICY 100-5
@I
14CIeanStreet PSA
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the
workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by;
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
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15CIeanStreet PSA
! SUBJECT
POLICY
EFFECTIVE
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NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring
in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such
conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
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16CIeanStreet PSA
SUBJECT
POLICY
EFFECTIVE
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NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
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g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor and/or
sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision recommending
against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee
shall be eligible for compensation as provided by law.
17CIeanStreet PSA
ATTACHMENT 2
REQUEST FOR PROPOSAL
FOR
Street Sweeping Services
RFP 15-010
Public Services Department
CITY OF COSTA MESA
Released on November 13, 2014
2 /^
v
REQUEST FOR PROPOSAL
RFP NO. 15-010
STREET SWEEPING SERVICES
Dear Proposers:
The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals from a
qualified public entity or private firm, to establish a contract for Street Sweeping services. The
term is expected to be for five (5) years with three (3) one-year options to renew.
1. BACKGROUND
The City of Costa Mesa is a general law city, which operates under the council/manager form of
government with a General Fund budget of over $109 million and a total of over $114 million of
fiscal year 2014-2015.
The City of Costa Mesa, incorporated in 1953, has an estimated population of 110,757 and has a
land area of 16.8 square miles. It is located in the southern coastal area of Orange County,
California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach,
Fountain Valley and Irvine.
The City is a "full service city" and provides a wide range of services. These services include:
police and fire protection; animal control; emergency medical aid; building safety regulation and
inspection; street lighting; land use planning and zoning; housing and community development;
maintenance and improvement of streets and related structures; traffic safety maintenance and
improvement; and full range of recreational and cultural programs.
The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County
Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which
is the single largest commercial activity center in the City. The volume of sales generated by
South Coast Plaza, secures its place as the highest volume regional shopping center in the nation.
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP
Mandatory Pre -Proposal Conference
Deadline for Written Questions
Responses to Questions Posted on Web
Proposals are Due
Interview (if held)
Approval of Contract
November 13, 2014
November 17, 2014 at 11.:00 a.m.
November 19, 2014 at noon
November 21, 2014
November 24, 2014 at 10:00 a.m.
Week of December 15, 2014
TBD
"All dates are subject to change at the discretion of the City.
3
SIM
Pre -Proposal Conference: A MANDATORY pre -proposal conference will be held on
I. in Conference Room 1 A at Ci Hall 77 Fair
.... City
Drive, Costa Mesa, CA 92626. A pre -proposal conference is held to allow for questions and
clarifications concerning the City's RFP process and subsequent contract award. In order to
provide comprehensive answers and minimize response time, proposer(s) will be asked to submit
questions in writing prior to the meeting. Questions can be e-mailed to
stephanic.urueta@.costamesaca.gov.
3. SCOPE OF WORK
(a) Generally
Furnish all labor, equipment, materials, and supervision to perform maintenance as described
herein including, but not limited to, the following:
Using a modern mechanical or vacuum street sweeper, thoroughly sweep each improved street,
alley, public parking lot in the City on a frequency as specified in this scope of work and dispose
of collected debris in a legal manner. It is possible for a Proposer to use the City's facilities to
store its street sweepers used for this operation. Naturally any arrangement will involve the
payment to City for the lease of such space. If Proposer desires to store its street sweepers in the
City's facilities, then that should also be included in the Proposal. See Attachment A for City's
Street Sweeping Route Maps. See Attachment B for City's Parking Restriction Locations.
(b) Definitions
a. Curb Mile — measurement of curbing of streets and medians
b. Linear Mile — measurement of actual miles driven in order to satisfactorily clean
streets to the City .standard, which may require multiple passes depending on
condition and width of street
c. Curb -to -Curb — area within the curb limits of the street including medians,
intersections, and street ends
d. Holiday — all days observed by the City as holidays including: New Year's Day,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving (including the following Friday), Christmas Eve & Christmas Day,
New Year's Eve.
e. Inclement Weather — weather conditions that prohibit the effective operation of
sweeping operations, such as heavy rain or winds
f. Debris — litter, rubbish, leaves, sand, dirt, garbage, and other foreign material
g. Street — all paved dedicated public rights-of-way within the existing or fiiture
corporate limits of the City
h. Re -sweep — sweep required when previous sweeps are deemed by the City to be
below standard or when a street or sections of a street are missed during regularly
scheduled operation
4
Special Sweep — sweep involving
parades, and similar events billed
appropriate, prior approval from
Supervisor or other assigned agent.
unusual conditions such as traffic hazards,
at an hourly rate including travel time. if
Street Superintendent, Traffic Operations
j. Travel Speed — sweeper operator must maintain a speed of no more than seven
miles per hour while the .sweeping head is lowered in the operating position.
k. City Representative — The administering officer of the City of Costa Mesa.
(c) Working Hours
Working hours for the sweeping of residential areas shall be between the hours of 8:00
AM and 3:30 PM, Monday through Friday. Working hours for arterial routes and commercial
routes shall be between the hours of 11:00 PM and 6:00 AM, Monday through Friday. Some
`specialty routes' may be swept between 6:00 AM and 8:00 AM if so posted. No street sweeping
shall be required or permitted on weekends or City holidays.
(d) Level of Maintenance
All work shall be performed in accordance with the highest maintenance standard.
Standards, schedules, and frequencies may be modified as deemed necessary by the City
for the proper maintenance of the sites. Due to various 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 the curb -gutter perimeters of each raised median 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. Each street shall be swept
clean to the adjacent .property line. Swept clean shall mean minimal debris residual or tailings
left on the swept surface following the completion of a pass of the street sweeping machine. No
sweeper shall blow debris onto private property. All dust suppression systems shall be as
mandated by AQMD.
A significant number of City streets are posted no parking for street sweeping or have
alternate side postings during designated hours on various days of the week. Proposer shall
adhere to established schedules for sweeping posted streets. The Proposer shall coordinate
sweeping operations with Parking Control Officers from the City of Costa Mesa Police
Department.
The Proposer is required to sweep City owned parking lots, including those for City
facilities, parks and parking districts, adjacent to streets along the scheduled route.
Alternative means to sweep locations such as street ends and inaccessible portions of
parking lots will be considered. Alternatives must be included in this proposal and approved by
the City Representative prior to the start of the contract. Because of existing parking restrictions
posted to accommodate existing sweeping routes, if you would plan to change the established
routes or schedules, you must include such proposed changes in your proposals so that the City
may evaluate costs of implementing such changes. All proposed changes must be reviewed and
approved by the City Representative and if needed, City Council prior to implementation.
5
9
The Proposer is required to correct deficiencies within the time specified by the City. Re -
sweeps of the deficient area will be at no additional cost 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.
The Proposer shall perform 200 curb miles of special sweeping requests in support of
City events for each contract year at the request of the City. These sweeps are not re -sweeps of
an area not swept properly but rather an additional sweep that is not part of the regular schedule.
These may be used to clean before and after a traffic hazards, parades, and similar events, or for
other City needs.
The Proposer shall perform 250 curb miles of inclement weather sweeps for each
contract year at the request of the City. These sweeps are not re -sweeps of an area not swept
properly but are additional sweeps that are not part of the regular schedule.
If, in the judgment of the City, the level of maintenance is less than specified herein,
the City shall, at its option, in addition to or in lieu of other remedies provided herein,
withhold appropriate payment from the Proposer until services are rendered in accordance
with specifications set forth within this document and providing no other arrangements
have been made between the Proposer and the City. Failure to notify of a change and/or
failure to perform an item or work on a scheduled day may result in deduction of payment
for that date or week. Payment will be retained for work not performed until such time as
the work is performed to City standards.
Proposer shall be required to comply with all NPDES Permit requirements, AQMD
requirements (including but not iunited to those set out in Attachment C), and all other
applicable federal, state, county or city ordinances dealing with sweeping of streets, water
quality, air quality, hazardous wastes and rubbish disposal.
(e) Term of Contract
Unless earlier terminated as allowed for in the approved Agreement, contract term shall
be for a period of five (5) years. The term of the Agreement shall automatically be extended for
up to three (3) additional one (1) year terms with the extensions to automatically commence
upon the expiration of the initial term or any extended term, unless the City notifies Proposer in
writing at least thirty (30) days before the end of the initial term or any extended term, of its
intent to terminate the Agreement at the conclusion of the initial term or any extension. At the
conclusion of the final term of the Agreement, the City Manager shall have the authority to
consent to an extension of the Agreement for a reasonable period of time, on a month to month
basis, under the same terms, until a new Agreement is awarded.
(f) Supervision of Contract
All work shall meet with the approval of the Director of Public Services or his designee.
There shall be a minimum of one monthly meeting with the Proposer and the City representative
to determine progress. A status report of activities performed and maintenance issues addressed
by the Proposer shall be submitted in writing to the City Representative on weeldy basis.
6
9
Any specific problem area which does not meet the conditions of the specifications set
forth herein and in an approved Agreement shall be called to the attention of the Proposer and if
not corrected, payment to the Proposer will not be made for the deficient or disputed work until
condition is corrected in a satisfactory manner as set forth in the specifications.
(g) Specifications
This Description of the Scope of Work is intended to cover all labor, material and
standards of workmanship, including compliance with all AQMD and NPDES standards, to be
employed in the work called for in the Proposal and in any approved Agreement or reasonably
implied by terms of same. Work or materials of a minor nature which may not be specifically
mentioned, but which may be reasonably assumed as necessary for the completion of this work.,
shall be performed by the Proposer as if described in the specifications.
(h) Correspondence
All written correspondence shall be addressed to the City Representative, City of Costa
Mesa, and PO Box 1200, Costa Mesa CA 92628-1200.
(i) Provisions for Extras
No new work of any kind shall be considered an extra unless a separate estimate is given
for said work and the estimate is approved by the City in writing before the work is commenced.
The Proposer will be required in the approved Agreement to provide before and after
photographs of safety items or emergency repairs required by the City. Documentation of
contract compliance may be required at the discretion of the City.
0) Water
The successfill Proposer shall contact the Mesa Water District and the Irvine Ranch
Water District (Districts) to obtain legal access to water to meet the contract requirements. The
Proposer shall be responsible for all costs associated with the access to and continued use of
water provided by the Districts.
(k) DiVosal
The collection, transfer, and/or disposal of all debris collected during the course of all
street sweeping services as specified in this Proposal and an approved Agreement shall be the
responsibility of the Proposer to dispose of in a legal manner that meets all City, State, County of
Orange and Federal laws, regulations, or other applicable statutes. The City of Costa Mesa
assumes no responsibility for any violations, fines, fees or other liability that may arise from
improper debris disposal practices. Disposal at the City Corporation Yard will not be permitted.
The cleaning and maintenance of any street sweeping machine may not take place on City
property or public streets, except as may be included in an approved Agreement allowing use of
the City Yard facilities.
(1) Records and Schedule
The Proposer shall keep accurate records concerning all of his/her employees or agents
and provide the City with names and telephone numbers of emergency contact employees.
7
a�
The Proposer shall complete a monthly maintenance report indicating work performed
and submit this completed report to the City Representative. This report should also contain a
description of work performed, including man-hours, equipment, and any additional work, which
the Proposer deems to be beyond the scope of the contract. Payment for this work will not be
authorized unless the additional work and the costs thereof are first approved by the City. A
telephone log will be submitted monthly of all calls from the City of Costa Mesa Public
Services Department and the City of Costa Mesa Police Department to the Proposer,
whether or not those calls require a request for service, and a description of the action
taken from the City call.
The Proposer shall utilize the City's established street sweeping routes and schedules for
all regularly scheduled street sweeping operations, unless otherwise directed. if at the request of
the Proposer, the public or a City department it is necessary to make revisions to any schedule,
the City shall provide a modified schedule to the Proposer a minimum of ten (10) working days
prior to the effective date of the change. This is intended for long-term schedule changes and not
for `special sweeps' or emergencies. The authorized City Representative shall approve any
changes.
The Proposer shall permit the City to inspect and audit its books and records regarding
City -provided services at any time with reasonable notice.
(m) Emergency Services
The Proposer shall provide the City with a 24-hour emergency telephone number to
contact a Proposer representative authorized to dispatch appropriate equipment and operators
when emergency maintenance conditions occur during hours when the Proposer's normal work
force is not present in the City of City of Costa Mesa. The Proposer shall dispatch equipment to
said emergency within. thirty (30) minutes from receiving notification. Failure to do so will
result in a penalty of $200 per occurrence.
(n) Pro ser Office
Proposer is required to maintain an office within a one (1) hour response time of the city
limits and provide the office with phone service during normal working hours. During all other
times, a telephone answering. service shall be utilized and the answering service shall be capable
of contacting the Proposer by radio or pager. Proposer shall have a maximum response time of
thirty (30) minutes to all emergencies. There will be no storage of equipment or materials on
City property, except as may be expressly provided in any approved Agreement.
(o) Schedules
The Proposer must sweep according to the established schedules and posted parking
restriction unless otherwise approved by the City. Street sweeping must be at an effectiveness
level of 90% or above. The effectiveness level is detennined by what percentage of the route is
missed on an annual basis, for any reason. An overall annual effectiveness rating of less than
90% for any route is considered unacceptable and may result in non -renewal of the contract or a
reduction in payment.
8
A. Annual Schedule
1. Utilizing route information provided by the City, the Proposer shall provide an annual
schedule indicating the time frames when items of work shall be accomplished per the
performance requirements.
2. The Proposer shall complete the schedule for each functional area in a manner which
shall correspond to the weekly sweeping schedule.
3. The annual schedule shall be submitted for City approval within fifteen (15) calendar
days after effective date of the contract.
4. The Proposer shall submit revised schedules when actual performance differs
substantially from planned performance.
B. Monthly Schedule
1. Monthly schedule forms shall be provided by the Proposer indicating the major items
of work to be performed in accordance with the performance requirements and further
delineate the time frames for accomplishment by day of the week and by morning,
afternoon and evening.
2. The Proposer shall complete the schedule for each item of work and each area of work.
3. The initial schedule shall be submitted one week prior to the effective date of the
contract. Thereafter, it shall be submitted monthly on the first Monday of the month for
City approval, prior to scheduling work for the upcoming month.
4. Changes to the schedule shall be received by the Street Superintendent, Traffic
Operations Supervisor or other assigned agent at least twenty-four (24) hours prior to
the scheduled time for the work.
5. Failure to notify of a change and/or failure to perform an item of work on a scheduled
day may result in deduction of payment for that date or week.
The Proposer shall adjust his/her schedule to compensate for all holidays and rainy days.
Maintenance and litter removal shall be scheduled for all holidays.
(p) Performance During Inclement Weather
1. During the periods when inclement weather or Santa Ana wind conditions prevents
normal operations, the Proposer shall adjust his/her work force as directed by the City
Representative and shall only be paid for sweeping actually done.
2. Failure to adjust the work force to show good progress on the work shall result in
deduction of payments to reflect only the work actually accomplished.
3. The Proposer shall immediately notify the City Representative, Traffic Operations
Supervisor or other assigned agent when the work force has been removed from the job
site due to inclement weather or other reasons.
E
Attachment A
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Attachment B
PARKING RESTRICTION LOCATIONS
11
MAINTENANCE SERVICES DIVISION
STREET SWEEPING ROUTES
SWEEPING HOURS ARE LISTED ONLY IF THE STREET IS POSTED FOR "NO PARKING"
FOR STREET SWEEPING INFORMATION CONTACT TRAFFIC OPERATIONS (714)3Z7-7470
E. 15th Street
Wednesday
0900-1100
North side from Tustin to Redlands
Wednesday
1000-1200
North side from Orange to Santa Ana
16th Place
Wednesday
0900-1100
From Orange to Santa Ana
E. 16th Street
Wednesday
0900-1100
From Newport to Tustin
W. 16th Street
Tuesday
From Superior to Placentia
17th Place
Wednesday
1000-1300
From Santa Ana to Raymond
E. 17th Street
Tuesday
Early Shift
From Newport to Irvine
W. 17th Street
Tuesday
Early Shift
From Superior to Monrovia
Tuesday
0400-0600
' From Monrovia to Whittier
E. 18th Street
Wednesday
From Irvine to Orange
Wednesday
0800-1000
From Santa Ana to Tustin
Wednesday
0900-1100
North side from Orange to Newport
Thursday
1100-1300
South side from Newport to Orange
W. 18th Street
Wednesday
From Newport to Anaheim
Wednesday
1100-1300
North side from Anaheim to Placentia
Wednesday
0800-1000
South side from Placentia to Anaheim
Wednesday
1100-1300
North side from Monrovia to 97018th Street
Tuesday
0400-0600
North side from Whittler School to end
Tuesday
0400-0600
South side from West end to Monrovia
E. 19th Street
Wednesday
0800-1000
From Fullerton to Orange
Wednesday
1030-1300
From Orange to Santa Ana
Wednesday
0800-0930
From Santa Ana to Irvine
W. 19th Street
Thursday
Early Shift
From Harbor to Placentia
Tuesday
0900-1200
From Placentia to Park Crest
E. 20th Street
Wednesday
0800-1000
North side from Newport to Orange
Wednesday
From Orange to Santa Ana
Wednesday
0800-1000
From Santa Ana to Irvine
Thursday
1100-1300
South side from Newport to Orange
W. 20th Street
Tuesday
1000-1400
North side from Placentia to Pomona
Wednesday
1100-1300
South side from Placentia to Pomona
Tuesday
0900-1100
From Federal to Continental
Tuesday
From Continental to West end
21st Street
Wednesday
From Newport to Tustin
Wednesday
0800-1000
From Santa Ana Ave to Tustin BOTH SIDES
22nd Street
Wednesday
South side.fromNew orttoSantaAna
Thursday
0800-1000
North side from Santa Ana to Newport
23rd Street
Thursday
Newport to Santa Ana
24th Place
Thursday
Abbie Way
Wednesday
Adams Avenue
Monday
Harbor to Fairview
Monday
1100-1300
North side from Fairview to Pinecreek
Friday
Santa Ana River to Harbor
Airport Loop Drive
Wednesday
Early Shift
Airway Avenue
Wednesday
Early Shift
Alabama Clrcle
Friday
Aianxo Lane
Monday
Alaska Avenue
Friday
Albatross Drive
Friday
Albany Street
Monday
1100-1400
North side
Monday
0800-0900
South side
Albert Place
Thursday
Aliso Avenue
Wednesday
Wednesday
0900-1100
From 16th to Cambridge Circle
Allegheny Avenue
Thursday
Alva Lane
Wednesday
American Avenue
Tuesday
American Place
Tuesday
Amherst Place
Thursday
Amherst Road
Thursday
LE
Anaheim Avenue
Tuesday
0800-1000
From W. 18th Street to Superior Avenue
Tuesday
1000-1300
From 19th to 18th
Tuesday
0900-1100
From 19th to W. Bay
Tuesday
1000-1400
From Wilson to dead end
Wednesday
1100-1300
From Superior to 18th
Andover Place
Thursday
Andros Street
Friday
Annapolis Street
Monday
1100-1300
West of Harding 100 feet
Anton Boulevard
Wednesday
Early Shift
Anza Lane
Monday
Arbor Street
Tuesday
Arlington Drive
Tuesday
Early Shift
Arizona Lane
Friday
Arnold Avenue
Wednesday
1100-1300
Both directions
Arthur Avenue
Monday
Aster Place
Wednesday
Atlanta Way
Monday
Augusta Street
Monday
Austin Street
Monday
Avalon Street
Tuesday
0800-1000
From Wilson to Avocado
Thursday
From Wilson to Joann
Avenue of the Arts
Wednesday
Aviemore Terrace
Tuesday
Avocado Street
Tuesday
0800-1000
South side
Thursday
1100-1300
North side
Ayon Circle
Tuesday
Azalea Drive
Monday
0800-1200
Babb Street
Monday
From Baker to Paularino
Thursday
From Baker to Post
Babcock Street
Tuesday
Bahama Place
Friday
Baker Street
Friday
From Royal Palm to Labrador/Andros
Friday
0800-1000
From Mesa Verde to Ceylon
Friday
Ceylon to Samar (NOT POSTED)
Monday
From Harborto Fairview
Monday
1100-1300
South side from College to McClintock
Wednesday
From Fairview to Airway
Balearic Drive
Tuesday
From Boa Vista to Suva
Friday
From Boa Vista to Europa
Ball Circle
Friday
Ballow Lane
Monday
Balmoral Place
Tuesday
Baltra Place
Friday
Barbados Place
Friday
E. Bay Street
Wednesday
0800-1600
North side from Fullerton to Newport
Wednesday
From Fullerton to Orange NOT POSTED)
Wednesday
From Westminster to Santa Ana
Wednesday
From Tustin to Aliso (NOT POSTED)
Thursday
1100-1300
South side from Newport to Fullerton
W. Bay Street
Tuesday
0800-1000
From Thurin to Harbor
Tuesday
From Thurin to Newport (NOT POSTED)
Tuesday
0900-1100
From Meyer to Maple
Beach Street
Tuesday
1000-1200
Bear Street
Tuesday
From Baker to Bristol and South end
Wednesday
From Baker to Sunflower
Begonia Avenue
Monday
0800-1200
Belfast Avenue
Monday
1100-1300
Bermuda Drive
Friday
Bernard Street
Tuesday
0800-1000
From Harbor to East end
Tuesday
0900-1100
From Harbor to Maple
Bimini Place
Friday
Bismark Way
Monday
Bluebird Circle
Friday
Boa Vista Circle
Friday
Boa Vista Drive
Friday
Boise Way
Monday
Bonnie Place
Thursday
Boston Way
Monday
Bowdoin Place
Thursday
Bowling Green
Thursday
Bray Lane
Monday
Brentwood Place
Thursday
Briggs Avenue
Wednesday
Bristol Street
Tuesday
From Baker South to City limits
Wednesday
From Baker North to Sunflower
Broadway
Wednesday
From Newport to Tustin (NOT POSTED)
Wednesday
0900-1100
From Tustin to Irvine
Buchannan Way
Monday
Bucknell Road
Thursday
Bunting. Circle
Friday
Buoy Street
Wednesday
Cabrillo Street
Wednesday
0930-1130
From Tustin to Irvine
Wednesday
(REST OF STREET IS NOT POSTED)
Cadillac Avenue
Thursday
Early Shift
California Street
Friday
Calvert Avenue
Friday
Cambridge Circle
Wednesday
Camellia Lane
Wednesday
Canadian Drive
Thursday
Canary Drive
Friday
Cannonade Circle
Monday
Canyon Drive
Tuesday
0400-0600
From Victoria to Glen Circle
Tuesday
0800-1000
From Victoria North to end
Tuesday
0800-1000
From Glen Circle to Sea Bluff
Tuesday
0800-1000
From Fairview Park to Wilson (West side)
Thursday
1100-1300
From Wilson to end (East side)
Cape Verde Place
Friday
N. Capella Court
Friday
S. Capella Court
Friday
Capital Street
Tuesday
1000-1400
From Pomona to end (REST OF STREET IS NOT POSTED)
Capri Circle
Tuesday
Capri Lane
Tuesday
Caraway Drive
Tuesday
1200.1400
North side
Friday
1000-1200
North side
Cardinal Drive
Friday
Carlton Place
Thursday
Carmel Drive
Monday
OBOG-1200
Carnation Avenue
Monday
0B00-1200
Carnegie Avenue
Thursday
Carson Street
Monday
Cassia Avenue
Tuesday
1200-1400
West side
Friday
1000-1200
Eastside
Catherine Place
Thursday
Cecil Place
Thursday
Cedar Place
Tuesday
Center Street
Tuesday
1000-1300
From Pomona to Placentia
Tuesday
1000-1300
South side from Pomona to Anaheim
Tuesday
1000-1300
North side from Placentia to Monrovia
Wednesday
0800-1000
South side from Monrovia to Placentia
Wednesday
0800-1000
North side from Pomona to Anaheim
Century Place
Wednesday
2400-0200
Ceylon Drive
Friday
Ceylon Road
Friday
Charle Drive
Tuesday
From Wilson to end (NOT POSTED)
Charle Street
Tuesday
0900-1500
From Hamilton to Bernard
Charleston Street
Monday
Chestnut Avenue
Friday
Cheyenne Street
Monday
Chios Road
Friday
Church Street
Wednesday
0900-1100
M1
Churchill Court
Wednesday
Cibola Avenue
Monday
Cinnamon Avenue
Tuesday
1200-1400
West side
Friday
1000-1200
East side
Clearbrook Lane
Thursday
Cleveland Avenue
Monday
Clinton Street
Wednesday
Clubhouse Circle
Tuesday
Clubhouse Road
Tuesday
From Mesa Verde to north end (NOT POSTED
Tuesday
1100-1300
From Pitcairn to Timor
Friday
From Mesa Verde to Timor NOT POSTED)
Club Mesa Drive
Thursday
0800-1000
Colby Place
Thursday
Colgate Drive
Thursday
0800-1000
College Avenue
Monday
From Village Way to Watson (NOT POSTED)
Monday
1100-1300
From Watson to Garlingford
Tuesday
From Victoria south to end (NOT POSTED)
Tuesday
0800-1000
West side from Wilson to Victoria
Thursday
1100-1300
East side from Victoria to Wilson
College Drive
Thursday
Colorado Lane
Friday
Colorado Place
Friday
Columbia Drive
Thursday
0800-1000
From Wilson to Wake Forest
Thursday
0800-1000
East side from Tulane to Loyola
Thursday
From Wake Forest to Tulane (NOT POSTED)
Thursday
From Loyola to Hanover (NOT POSTED)
Wednesday
0700-0800
West side from Loyola to Tulane
Concord Street
Monday
Congress Street
Tuesday
0800.1000
From Placentia to State
Tuesday
1000-1200
From Raleigh west to end
Tuesday
1000-1200
From Pomona to Puente
Continental Street
Tuesday
Conway Street
Monday
From Warren to Fairview (NOT POSTED)
Monday.
1100-1300
From Killybrooketo Warren
Coolidge Avenue
Monday
1100-1400
West side from Baker to Paularino
Monday
1200-1400
West side from Austin to Paulanno
Monday
From Austin to Charleston (NOT POSTED)
Tuesday
0800-0900
East side from Baker to Paularino
Coral Avenue
Tuesday
1200-1400
East side
Friday
1000-1200
West side
Coriander Drive
Tuesday
1200-1400
South side
Friday
1000-1200
North side
Cork Lane
Monday
Cornell Drive
Thursday
Corona Lane
Monday
Coronado Drive
Monday
Corsica Place
Friday
Cortez Street
Monday
Corvo Place
Wednesday
Costa Mesa Street
Wednesday
Cottage Place
Wednesday
Country Club
Friday
Cove Street
Tuesday
Crestmont Place
Wednesday
Crocus Circle
Monday
0800-1200
Croftdon Street
Thursday
Cynthia Court
Thursday
Dahlia Avenue
Monday
0800-1200
Dakota Avenue
Friday
Dale Way
Monday
Damascus Circle
Monday
0800-1200
Darrell Street
ITuesday
1100-1300
South side from Pomona to Meyer
Tuesday
I
From Republic to Federal (NOT POSTED)
Thursday
1100-1300
North side from Meyer to Pomona
Dartmouth Place
Thursday
o800-1000
ME
Date Place
Thursday
Davis Place
Thursday
0800-1000
Debra Drive
Monday
0800-1200
DeeDee Drive
Monday
0800-1200
Delaware Place
Frida
Del Mar Avenue
Thursday
0800-1100
From Elden to Santa Ana (REST OF STREET IS NOT POSTED)
Denver Drive
Monday
Deodar Avenue
DeSoto Avenue
Doctors Circle
Dogwood Street
Donegal Place
Donnie Road
Donnybrook Lane
Monday
1100-1300
From Baker to Watson (REST OF STREET IS NOT POSTED).
Dorset Lane
Monday
Drake Avenue
Monday
0900-1200
From Cortez to Sonora (REST OF STREET IS NOT POSTED)
Dublin Street
Monday
Duke Place
Thursday
Elba Circle
Friday
EI Camino Drive
Monday
0800-1000
From Mendoza to La Salle, both sides
EI Rio Circle
Monday
0800-1100
Elden Avenue
Wednesday
0800-1000
East side from 21st to 22nd
Thursday
1100-1330
West side from 21st to 22nd
Thursday
0900-1200
From Monte Vista to Del Mar
Thursday
0800-1000
From Del Marto Mesa
Thursday
0900-1200
From Santa Isabel to Monte Vista, both directions
Ellesmere Avenue
Friday
Elm Avenue
Thursday
2400-0400
From Harbor to Lemon
Monday
0800-1100
North side from Lemon to Royal Palm
Friday
0700-0800
South side from Royal Palm to Lemon
Elmhurst Lane
Thursday
Enterprise Street
Wednesday
2400-0200
Esther Street
Wednesday
0800-1000
From Tustin to Raymond (REST OF STREET NOT POSTED)
Europa Drive
Friday
Evergreen Place
Tuesday
Fair Drive
Thursday
Fairview Road
Thursday
Arlington to Newport Blvd (CURBS)
Thursday
All medians
Wednesday
Arlington to Sunflower CURBS
Fairway Drive
Thursday
Fairway Place
Thursday
Farad Street
Tuesday
0400-0600
Farallon Drive
Friday
Fayette Circle
Thursday
1000-1300
Federal Avenue
Tuesday
0900-1300
From Oak to Victoria Frontage
Tuesday
0800-1000
Wilson Street to Joann Street
Fernheath Lane
Monday
1100-1300
From Belfast to Conway (REST OF STREET IS NOT POSTED)
Fillmore Way
Tuesday
0800-0900
East side
Monday
1100-1400
West side
Fischer Avenue
Wednesday
Flamingo Drive
Friday
Florida Circle
Friday
Flower Street
Wednesday
0800-1000
From Orange to Westminster, both sides
Wednesday
1000-1300
From Westminsterto Santa Ana
Ford Road
Tuesday
0800-1000
From Newport to Parsons
Thursday
2400-0400
From Harbor to Parsons
Fordham Drive
Thursday
0400-0600
From Fairto Nassau
Thursday
0800-1000
From Wilson to Joann (REST OF STREET IS NOT POSTED)
E. Fountain Way
Tuesday
W. Fountain Way
Tuesday
Francis Lane
Monday
Freemont Lane
Monday
Fuchsia Street
IMonday
0800-1200
Fullerton Avenue
lWednesday
0800-1000
East side from 20th to Bay
Wednesday
0800-1000
From 19th to 20th
is
Thursday
1100-1300
West side from 20th to Bay
Galway Lane
Monday
Gannet Drive
Friday
Garden Lane
Wednesday
Garfield Avenue
Monday
Garlingford Street
Monday
Georgeanne Place
Thursday
Georgia Place
Friday
Geranium Street
Monday
0800.1200
Gibraltar Avenue
Friday
Ginger Avenue
Tuesday
1200-1400
Westside
Friday
1000-1200
East side
Gisler Avenue
Monday
East of Harbor
Thursday
West of Harbor
Glen Circle
Tuesday
0800=1000
Gleneagles Terrace
Tuesday
Goldeneye Place
Friday
Goldenrod Drive
Monday
0800-1200
Golf Course Drive
Friday
Governor Street
Tuesday
1000-1400
From Pomona to Puente (REST OF STREET IS NOT POSTED)
Grace Lane
Wednesday
2400-0200
Grand Haven Circle
Thursday
1000-1300
Grant Avenue
Monday
Green Street
Monday
Greenbrlar Lane
'Thursday
Greenbrool< Drive
Monday
0800-1200
Grove Place
Tuesday
0800-1200
From Republic to State
Haiti Circle
Friday
Hamilton Street
Tuesday
0800-1000
From Harbor to Thurin
Tuesday
1000-1300
Westbound Hamilton from Harbor to Placentia
Hanover Drive
Thursday
Harbor Boulevard
Thursday
Harbor Gateway North
Thursday
Harbor Gateway South
Thursday
Harding Way
Monday
1100-1300
Harla Avenue
Thursday
1100-1300
Hartford Way
Monday
Hawaii Circle
Friday
Hayes Avenue
Monday
Helena Circle
Monday
Helena Place
Monday
Hickory Place
Friday
1100-1300
Hill Place
Thursday
Howard Way
Thursday
Hudson Avenue
Thursday
Hummingbird Drive
Friday
Hyland Avenue
Thursday
Idaho Lane
Friday
Idaho Place
Friday
Illinois Street
Friday
Indiana Avenue
Friday
Industrial Way
Tuesday
Inroz Drive
Friday
Iowa Street
Friday
his Place
Wednesday
Irvine Avenue
Wednesday
West side
Jacaranda Avenue
Friday
Jamaica Road
Friday
James Street
Wednesday
0800-1000
North side
Thursday
1100-1300
South side
Jasmine Circle
Monday
0800-1200
Java Road
Tuesday
Jeanette Place
Thursday
0800-1100
Jefferson Avenue
Monday
Jeffrey Drive
Thursday
0900-1100
is
Jennifer Lane
Thursday
0900-1100
Joann Street
Tuesday
0800-1100
From Republic to Federal
Tuesday
1000-1400
From Placentia to Miner
Thursday
0800-1000
From Fordham to Columbia
Johnson Avenue
Monday
Junlpero Drive
Monday
Kalmus Drive
Wednesday
Kauai Place
Tuesday
Kentucky Place
Friday
Kenwood Place
Wednesday
Kerry Lane
Monday
Killarney Lane
Monday
Killdeer Circle
Friday
Kiilybrooke Lane
Monday
11004300
From Baker to Watson (REST OF STREET IS NOT POSTED)
Kinglet Court
Friday
Klondike Avenue
Thursday
Knowell Place
Tuesday
1000-2200
Knox Place
Wednesday
Knox Street
Wednesday
Kornat Drive
Friday
Labrador Drive
Friday
La Linda Place
Thursday
La Perie Lane
Wednesday
0900-1100
La Perle Place
Wednesday
La Salle Avenue
Monday
0900-1000
From Mission to Sonora (REST OF STREET IS NOT POSTED)
Lanai Drive
Tuesday
Lansing Lane
Monday
Lantana Lane
Monday
0800-1200
Larkspur Street
Monday
0800-1200
Laurie Lane
Wednesday
Lear Avenue
Wednesday
Lehigh Place
Thursday
Lavendar Lane
Monday
0800-1200
Leminos Drive
Friday
Lemon Street
Monday
0800-1100
West side
Friday
0700-0800
East side
Lenwood Circle
Wednesday
Lenwood Drive
Wednesday
Liard Place
Thursday
Lilac Lane
Wednesday
Lillian Place
Thursday
Limerick Lane
Monday
Lincoln Way
Monday
Linden Place
Tuesday
Lisa Lane
Thursday
Littleton Circle
Thursday
Littleton Place
Thursday
Logan Avenue
Monday
Loma Circle
Monday
Londonderry Street
Monday
Loren Lane
Monday
Lorenzo Avenue
Monday
0800-1000
EI Camino Drive to Salvador Street
Loreto Avenue
Monday
Loyola Road
Wednesday
1100-1200
South side from ViIlanova to Columbia
Thursday
0900-1100
North side from Villanova to Columbia
Luddington Street
Thursday
1000-1300
Lupine Circle
Monday
MacArthur Boulevard
Thursday
Mace Avenue
Tuesday
1200.1400
West side
Friday
1000-1200
East side
MacKenzie Place
Thursday
Madagascar Street
Friday
Madeira Avenue
Friday
Madison Avenue
Monday
Magellan Street
11VIonday
101
Magnolia Street
Wednesday
Main Street
Wednesday
Mallard Drive
Friday
Mandarin Drive
Friday
Manistee Drive
Thursday
1000-1300
East side from Paularino to Plerpont
Thursday
1000-1300
West side from Pierpont to curve
MapieAvenue
Tuesday
0900-1300
Maple Street
Tuesday
1000-1400
Marian Way
Wednesday
Marigold Circle
Monday
0800-1200
Marquette Circle
Thursday
1000-1300
Maryland Circle
Friday
Maui Circle
Tuesday
Maui Place
Friday
McClintock Way
Monday
0600-0800
McCormack lane
Monday
McCormick Avenue
Wednesday
McKinley Way
Monday
Melody Lane
Wednesday
0800-1000
South side
Thursday
1100-1300
North side
Mendoza Drive
Monday
0800-1000
West side from Bakerto EI Camino (REST OF STREET IS NOT POSTED)
Merrill Place
Wednesday
0800-1000
South side from Elden Ave to Orange Ave
Thursday
1100-1300
North side from Orange Ave to Elden Ave
Merrimac Way
Thursday
Mesa Drive
Thursday
0800-1100
From Club Mesa to Santa Ana
Mesa Verde Drive
Wednesday
Medians
Mesa Verde Drive East
Thursday
Curbs
Mesa Verde Drive West
Thursday
Curbs
Meyer Place
Tuesday
1000-1200
West side from Hamilton to Beach
Tuesday
1000-1200
From Victoria to Wilson BOTH SIDES)
Wednesday
1100-1300
East side from Beach to Hamilton
Wednesday
0700-0800
Both sides from Beach to 19th
Michigan Avenue
Friday
Miguel lane
Monday
Milbro Street
Thursday
Mindanao Drive
Friday
Miner Street
Tuesday
1000-1300
From Wilson to Joann (REST OF STREET IS NOT POSTED)
Minnesota Avenue
Friday
Minorca Drive
Friday
Minorca Place
Friday
Mission Drive
Monday
0800-1100
From Mendoza to Ballow
Monday
08004000
North side from Mendoza to La Salle
Tuesday
0800-0900
South side from Mendoza to La Salle
Missouri Street
Friday
ModJeska Circle
Thursday
1100-1300
Molokai Place
Friday
Monaco Terrace
Thursday
0800-1000
Monroe Way
Monday
Monrovia Avenue
Tuesday
0800-1000
From Oak to Victoria
Tuesday
1000-1300
West side from 19th to 18th
Tuesday
Early Shift
From 18th to 16th (NOT POSTED)
Tuesday
From Oak to 19th SNOT POSTED)
Wednesday
0800-1000
East side from 18th to 19th
Montana Avenue
Friday
Monte Vista Avenue
Thursday
0800-1000
From Newport Blvd to Elden Ave
Thursday
1100-1200
From Monaco Terrace to Irvine
Monterey Avenue
Mopday
Murray Lane
Monday
M rtlewood Street
Friday
Nassau Road
Thursday
National Avenue
Tuesday
Nebraska Lane
Friday
0800-1000
From California to Missouri
Nebraska Place
Friday
Nevada Avenue
Frida
Nevis Circle
Tuesday
CAN
New Hampshire Drive
Friday
0800-1000
Newlersey Street
Friday
New Mexico Street
Friday
New York Avenue
Friday
Newhall Street
Tuesday
Newport Boulevard
Tuesday
Newton WayTuesday
Norse Avenue
Thursda
0800-1000
Norse Way
Thursday
Notre Dame Road
Wednesday
1100-1200
East side from Tuiane to Villanova
Notre Dame Road
Thursday
0900-1100
West side from Villanova to Tulane
Nutmeg Place
Monday
Oahu Place
Friday
Oak Street
Tuesday
Ogle Circle
Wednesday
0900.1100
From Aliso Avenue to end
Ogle Street
Wednesday
0900-1100
From Oran a to Santa Ana
Wednesday
0900-1100
From Allso to Irvine (REST OF STREET IS NOT POSTED)
Ohio Place
Friday
Ohms Way
Tuesday
0500-0700
Old Newport Boulevard
Tuesday
Olympic Avenue
Thursday
Orange Avenue
Wednesday
0800-1000
West side from 22nd to Rochester
Wednesday
1000-1300
East side from Rochester to 22nd
Thursday
0800-1100
From Del Marto 22nd
Thursday
0900-1100
East side from 23rd to Wilson
Orcas Drive
Friday
Oregon Avenue
Friday
Oriole Drive
Friday
Oxford Lane
Thursday
Pacific Avenue
Tuesday
0800.1000
Palace Avenue
Tuesday
Palau Place
Friday
Pa I mer Street.
Wednesday
0900.1100
Paloma Drive
Wednesday
Within Costa Mesa boundaries
Pamela Lane
Tuesday
1100-1300
Panay Circle
Friday
Park Avenue
Thursday
Park Drive
Wednesday
Parkcrest Drive
Tuesday
Park Center Drive
Wednesday
Parkglen Circle
Tuesday
Parkhill Drive
Tuesday
Parkview Circle
Tuesday
Parkvista Circle
Tuesday
Parnell Place
Monday
Pares Circle
Friday
Parsons Street
Tuesday
0800-1000
East side from Ford to Bay
Thursday
1000.1200
West side from Bay to Ford
Tuesday
0800-1000
Victoria to End
Paularino Avenue
Monday
From Fairviewto Helena
Monday
1100-1300
South side from Coolidge to Garfield
Monday
1100-1300
Eastbound from Cleveland to Coolidge
Monday
1100-1300
Westbound from Coolidge to Van Buren
Thursday
From Bear to Bristol
Wednesday
From Bristol to Airway
Pauline Place
Wednesday
Peace Place
Thursday
Pelican Place
Friday
Pemba Drive
Friday
Pe pertree Lane
Monday
0800-1100
West side
Friday
1100-1300
East side
Peterson Place
Thursday
0700-0800
West side
Friday
0800-1000
East side
Thursday
0800-1000
Northbound from Harbor to Adams
Phalarope Court
lFriday
Pierce Avenue
Monday
Plerpont Drive
Thursday
1000-1300
Pinecreek Drive
Monday
Pine Place
Tuesday
Pitcairn Drive
Friday
Placentia Avenue
Tuesday
From 19th to 16th
Thursday
Platte Drive
Thursday
0900-1100
Plum Place
Tuesday
Plumer Street
Tuesday
1000-1300
South side
Wednesday
0800-1000
North side
Plumeria Place
Monday
0800-1200
Pomona Avenue
Tuesday
0500-0700
Est side from 17th to 18th
Tuesday
1000-1300
From 18th to 19th
Tuesday
1000-1400
From 19th to Hamilton
Tuesday
1000-1300
East side from Wilson to Victoria
Tuesday
1000-1300
From Hamilton to Victoria BOTH SIDES
Tuesday
1100-1300
East side from Wilson to Joann
Wednesday
0800-1000
West side from 17th to 18th
Thursday
1100-1300
West side from Wilson to Joann
Ponderosa Street
Monday
0800-1100
South side from Lemon to Royal Palm
Friday
1100-1300
lNorth side from Lemon to Royal Palm (REST OF STREET IS NOT POSTED)
Poppy Circle
Monday
0800-1200
Portola Drive
Monday
Post Road
Thursday
President Place
Tuesday
Presidio Drive
Monday
Presidio Square
Monday
Primrose Street
Friday
Princeton Drive
Thursday
Prospect Place
Thursday
Puente Avenue
Tuesday
1000-1200
Pullman Street
Wednesday
Purdue Drive
Thursday
Queens Court
Monday_
0800-1200
Ralcam Place
Tuesday
0800-1000
Raleigh Avenue
Tuesday
1000-1200
Tuesday
0900-1200
From Vlctoria to Wilson
Ramona Place
Wednesday
Ramona Way
Wednesday
Randolph Avenue
Wednesday
2400-0200
From Baker to Bristol
Thursday
From Baker north to end
Raymond Avenue
Wednesday
0800-1000
From 20th to Walnut (REST OF STREET IS NOT POSTED)
Redding Avenue
Friday
0800-1200
Redhill Avenue
Wednesday
Redlands Place
Wednesday
Redwing Circle
Friday
Redwood Avenue
Friday
Regls Lane
Monday
Republic Avenue
Tuesday
0800-1100
From Oak south to end (REST OF STREET IS NOT POSTED)
Rhode island Circle
Friday
Rhodes Drive
Friday
Ridgecrest Circle
Tuesday
Riverside Place
Wednesday
Riviera Drive
Thursday
0800.1000
Roanoke Lane
Thursday
.Robin Hood Lane
Wednesday
Robin Hood Place
Wednesday
Rochester Street
Wednesday
Rogers Place
Wednesday
Roosevelt Way
Monday
Rose Lane
Wednesday
Rosemary Place
Wednesday
Ross Street
Tuesday
Royal Palm Drive
IMonday
0800-1100
East side
EO
Friday
1100-1300
West side
Royce Lane
Monday
1100-1300
Rue De Cannes
Thursday
0800-1000
Rural Lane
Wednesday
Rural Place
Wednesday
Rutgers Drive
Tuesday
0800-1000
From Wilson to Avocado
Thursday
North of Wilson
Saint Clair Street
Monday
Sakioka.Drive
Wednesday
Salinas Avenue
Monday
Salvador Street
Monday
Samar Drive
Friday
Samar Place
Friday
Samoa Place
Friday
San Bernardino Place
Wednesday
San Carlos Lane
Monday
San Jose Avenue
Monday
0800-1200
San Juan Lane
Monday
San Leandro Lane
Monday
0800-1200
San Lucas Lane
Monday
0800-1200
San Marino Circle
Monday
0800-1200
San Pablo Circle
Monday
0800-1200
San Rafael Circle
Monday
0800-1200
Sandalwood Street
Friday
Sanderling Circle
Friday
Sandpiper Drive
Friday
Santa Ana Avenue
Wednesday
From 15th to 16th (NOT POSTED)
Wednesday
0900-1100
From 16th to 17th
Wednesday
1000-1300
From 17th to 22nd
Thursday
0800-1100
From 22nd to Mesa
Santa Clara Circle
Monday
0800-1200
Santa Crux Circle
Monday
0800 1200
Santa Isabel Avenue
Thursday
Santa Rosa Avenue
Monday
0800-1200
Santiago Road
Monday
Santo Tomas Street
Thursday
Scenic Avenue
Thursday
Scott Place
Tuesday
1000.1300
Sea Bluff Drive
Tuesday
0800-1000
From Canyon to Gleneagles Terrace (BOTH SIDES)
Seal Street
Tuesday
1000-1200
Secretariat Circle
Monday
0800-1200
Senate Street
Tuesday
1000-1200
From Pomona to Puente (REST OF STREET IS NOT POSTED)
Serang Place
Friday
Serra Way
Monday
Shalimar Drive
Thursday
Shamrock Lane
Monday
Shannon Lane
Monday
Shantar Drive
Friday
Sharon Lane
Monday
Sherwood Place
Wednesday
Sicily Avenue
Friday
Slerks Street
Wednesday
Skylark Circle
Friday
Smalley Road
Monday
Sonora Road
Monday
South Coast Drive
Wednesday
Sparks Street
Wednesday
Sparrow Circle
Friday
Springfield Street
Monday
Starbird Drive
Friday
State Avenue
Tuesday
Sterling Avenue
Tuesday
0900-1100
1 From Pomona to alley (REST OF STREET IS NOT POSTED)
Stonefield Street .
Monday
Stromboli Road
Friday
Sturgeon Drive
Thursday
1000-1200
EO
Sumatra Place
Friday
Sumba Circle
Tuesday
Sunflower Avenue
Tuesday
From Fairview to Harbor
Wednesday
From Fairview to Main
Thursday
From Harbor to Cadillac
Sunset Drive
Tuesday
Superior Avenue
Tuesday
Surf Street
Tuesday
Susan Street
Tuesday
Susannah Place
Thursday
Sutter Way
Monday
Suva Circle
Tuesday
Swan Circle
Friday
Swan Drive
Friday
Swarthmore Lane
Thursday
Tabago Place
Friday
Taft Way
Monday
Tahiti Drive
Tuesday
Tanager Drive
Friday
Tanana Place
Thursday
Taylor Way
Monday
Teakwood Place
Friday
Terminal Way
Wednesday
Tern Circle
Friday
Texas Circle
Friday
The Masters Circle
Thursday
Thurin Avenue
Tuesday
0800-1000
Timor Drive
Friday
Toronto Way
Thursday
Town Center Drive
Wednesday
Towne Street
Tuesday
1000-1300
Trabuco Circle
Tuesday
1100-1300
Traverse Drive
Thursday
Trenton Way
Monday
Unity Drive
Thursday
0900-1100
Tulane Road
Wednesday
1100-1200
North side from Columbia to Notre Dame
Thursday
0900-1100
South side from Notre Dame to Columbia
Tulane Place
Thursday
0800-1000
Tulare Drive
Monday
0800-1200
Tulip Lane
Wednesday
Turlock Drive
Monday
0800-1200
Tustin Avenue
Wednesday
0800.1000
From Magnolia to 18th Street
Wednesday
1000-1300
From 17th to Rochester (REST OF STREET IS NOT POSTED)
Tyler Way
Monday
Union Avenue
Tuesday
Utah Circle
Friday
Valencia Street
Tuesday
0800-1000
From Mendoza to LaSalle, both sides
Vallejo Circle
Monday
0800-1200
Valley Circle
Tuesday
Valley Road
Tuesday
Van Buren Avenue
Monday
Vanguard Way
Thursday
1100-1300
Vassar Place
Thursday
Velasco Lane
Monday
Venetian Drive
Monday
0800-1200
Vermont Avenue
Friday
Victoria Place
Tuesday
Victoria Street
Tuesday
Villanova Road
Wednesday
1100-1200
South side from Notre Dame to Loyola
Thursday
0900-1100
North side from Loyola to 288 Villanova (REST OF STREET IS NOT POSTED)
Viola Place
Wednesday
Virginia Place
Thursday
Vireo Circle
Friday
Visalia Drive
Monday
0800-1200
Wake Forest
Thursday
0800-1000
Wakeham Place
Monday
0800-0900
Wallace Avenue
Tuesday
1000-1300
West side from 19th to 18th
Tuesday
1000-1400
East side from 19th to Hamilton
Tuesday
1000-1300
From Hamilton to end
Wednesday
0800-1000
East side from 18th to 19th
Wednesday
0800-1000
West side from 18th to Shalimar
Wednesday
1100-1300
West side from 19th to Hamilton
Thursday
1100-1300
East side from 18th to Shalimar
Walnut Place
Wednesday
Walnut Street
Wednesday
0900-1100
From Church to Fullerton (REST OF STREET IS NOT POSTED)
Warren Lane
Monday
1100-1300
Washington Way
Friday
Waterman Way
Thursday
Watson Avenue
Monday
Waxwin Clrcle
Friday
Weelo Drive
Tuesday
Wellesley Lane
Thursday
Wells Place
Wednesday
Westbrook Place
Thursday
Westiminster Avenue
Wednesday
0900-1100
From Ogle to Sparks
Wednesday
1000-1300
Broadway to East 19th Street. All segments south of 22nd NOT POSTED
Thursday
From 22nd to Del Mar
Westminster Place
Thursday
White Oak Street
Friday
Whittier Avenue
Tuesday
0500-0700
East side from 18th to 19th
Tuesday
0906-1100
From 19th to Arbor
Tuesday
From 18th to south end (NOT POSTED)
Wednesday
0600-0730
West side from 19th to 18th
E. Wilson Street
Wednesday
W. Wilson Street
Tuesday
0800-1000
From Canyon to Pacific
Tuesday
From Harbor to Canyon (NOT POSTED)
Tuesday
Early Shift
From Newport to Fairview
Thursday
1000-1200
West side from College to Fairview
Thursday
From Harbor to College (NOT POSTED)
Thursday
0800-1000
175' east of Newport Blvd to Elden Ave (BOTH SIDES)
Wimbledon Way
Monday
08001200
Wintergreen Place
Tuesday
1200-1400
North side
Friday
1000-1200
South side
Wisteria Circle
Monday
0800-1200
Woodland Place
Wednesday
Wren Circle
Frida
Wyoming Circle
Friday
Yale Place
Thursday
Yellowstone Drive
Thursday
Yorkshire Street
Tuesday
0900-1100
Yukon Avenue
Thursday
Yukon Circle
Thursday
Attachment C
AQAM Rule 1186.1
Rule 1186.1- Less-Pollutinst Sweepers
(Adopted August 18, 2000)(Amended June 4, 2004)
(Amended September 9, 2005)(Amended May 5, 2006)
RULE 1186.1. LESS -POLLUTING SWEEPERS
(a) Purpose
To reduce air toxic and criteria pollutant emissions, this rule requires certain public and private
sweeper fleet operators to acquire alternative -fuel or otherwise less -polluting sweepers when
purchasing or leasing these vehicles for sweeping operations undertaken by or for governments
or governmental agencies in the jurisdiction of the South Coast Air Quality Management District
(District).
(b) Applicability
(1) This n -1e applies to any federal, state, county, city or governmental department or agency,
any special district such as water, air, sanitation, transit, and school districts, or private individual
firm, association, franchise, contractor, user or owner who provides sweeping services to a
governmental agency that owns or leases 15 or more vehicles, including passenger cars, light-
duty tricks, and medium- and heavy-duty on -road vehicles, but excluding those vehicles exempt
as defined by Rule 1191 paragraph (f) (1).
(2) Sweepers having a gross vehicle weight of 14,000 pounds or more are subject to this rule.
(c) Definitions
For purposes of this rule, the following definitions shall apply:
(1) AFFECTED GOVERNMENTAL AGENCY means any governmental agency in the
District's jurisdiction that owns or leases 15 or more vehicles, including passenger cars, light-
duty trucks, and medium- and heavy-duty on -road vehicles, excluding those exempt as defined
by Rule 1191 paragraph (f) (1).
(2) ALTERNATIVE -FUEL SWEEPER means a sweeper with engine(s) that use compressed or
liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells.
Hybrid -electric and dual -fuel technologies that use diesel fuel are not considered alternative-fiiel
technologies for the purposes of this rule.
(3) APPROVED CONTROL DEVICE(S) is a California Air Resources Board
(GARB) -certified exhaust control device(s) that reduces particulates and possibly other precursor
emissions. To be considered fitted with approved control device(s), all diesel exhaust from the
12
�J
sweeper, including the auxiliary engine (if applicable) must be vented through such a device(s)
that have been certified by CARB at the time of vehicle purchase.
(4) FLEET OPERATOR is any federal, state, county, city, or governmental department or
agency, any special district such as water, air, sanitation, transit, and school districts, or private
individual firm, association, franchise, contractor, user or owner who provides sweeping services
to a governmental agency that owns or leases 15 or more vehicles, including passenger cars,
light-duty trucks, and medium- and heavy-duty on -road vehicles, excluding those exempt as
defined by Rule 1191 paragraph (f)(1).
(5) GOVERNMENTAL AGENCY include any federal, state, regional, county, city, or
governmental department and agency, and any special district such as water, air, sanitation,
transit, and school districts. See AFFECTED GOVERNMENTAL AGENCY.
(6) LOW -SULFUR DIESEL FUEL means diesel fuel that has a maximum sulfur content of 15
parts per million (ppm). The use of low -sulfur diesel fuel improves the performance of and may
be necessary for the use of advanced exhaust control devices.
(7) PURCHASE OR LEASE means that a purchase or lease contract has been signed by both
parties for a sweeper to be delivered within 1 year of the purchase or lease contract date, which is
the date the contract, is signed by both parties.
(8) SWEEPER means any heavy-duty vehicle with a gross vehicle weight of 14,000 pounds or
more that is permitted to operate on public roads through California Department of Motor
Vehicle registration or the federal government and used for the express purpose of removing
material from paved surfaces, by mechanical means through the action of one or more brooms,
or by suction through a vacuum or regenerative air system or any combination of the above.
(9) SWEEPING OPERATIONS means operations to remove material from paved surfaces using
sweeper(s), as defined by this rule.
(d) Requirements
For Fleet Operators:
(1) Beginning July 1, 2002, a fleet operator shall meet the following conditions for each
individual purchase or lease of a replacement or additional sweeper:
(A) -Purchase or lease an alternative -fuel sweeper, OR
(B) Before July 1, 20081 if the fleet operator has an approved Technical Infeasibility
Certification for this individual purchase or lease, as described in subdivision (e),
(i) purchase or lease a non -alternative fueled sweeper with all applicable approved control
device(s), and
(ii) maintain the approved control device(s) per manufacturer's specifications, and
(iii) if using diesel fuel, fuel the sweeper with low -sulfur diesel fuel only, and
13
(iv) comply with Rule 1186 without invoking the exemption provision in Rule 1186 paragraph
(i) (3), unless a demonstration is made to the Executive Officer that for solely technical reasons
no certified sweeper, as defined in Rule 1186 paragraph (c) (2) is commercially available.
For Affected Governmental Agencies Contracting for Sweeping Services:
(2) Any affected governmental agency that signs a contract after July 1, 2002 for sweeping
services must:
(A) Contract for sweeping services that use alternative -fuel sweeper(s),
M
(B) Solicit bids for sweeping operations using alternative -fuel sweepers and if no bids are
submitted:
(i) Contract for non -alternative fueled sweeper(s) and ensure that the sweeper(s) are only
fueled with low -sulfur diesel and outfitted with approved control device(s) that are installed and
maintained per the manufacturer's specifications, and
(ii) Contract for sweeper(s) that comply with Rule 1186 without invoking the exemption
provision in Rule 1186 paragraph (i) (3), unless a demonstration is made to the Executive Officer
that for solely technical reasons no certified sweeper, as defined in Rule 1186 paragraph (c) (2),
is commercially available.
(3) After January 1, 2003, any renewal or extension option of a contract is considered a new
contract that must meet the requirements of paragraph (d)(2).
(e) Technical Infeasibility Certification Criteria and Procedures
(1) Six months prior to the date of purchase or lease of a replacement or additional sweeper, any
fleet operator seeking to comply with subdivision
(d) without purchasing or leasing an alternate-fael sweeper [i.e., opting to comply with paragraph
(d) (2)], shall demonstrate the technical infeasibility of complying with paragraph (d) (1)
requirements by submitting a signed and dated Technical Infeasibility Certification Request to
the Executive Officer and attest to the accuracy of all statements therein, that shall include:
(A) the name and address of the fleet operator; and
(B) current sweeper fleet composition, including make, model, and a complete description of the
sweepers' dust suppression systems; and
(C) demonstration that no alternative -fuel engine and chassis configuration is commercially
available from any manufacturer for sweeping operations conducted by the fleet operator (only
technical reasons for choosing a given chassis configuration are acceptable),
No
14 (�o
(D) demonstration that a fueling station for alternative -fuel sweeperscommercially available
from any manufacturer for sweeping operations conducted by the fleet operator is not available
within five miles of the vehicle storage or maintenance yards.
(2) Within 90 calendar days of receipt of a completed Technical Infeasibility Certification
Request submitted pursuant to paragraph (e) (1), the Executive Officer will either approve or
disapprove the Request, in writing.
(3) The Executive Officer shall disapprove a Technical Infeasibility Certification Request if it
does not meet the requirements of paragraph (e) (1). If a Technical Infeasibility Certification
Request is disapproved by the Executive Officer:
(A) The reasons for disapproval shall be given to the applicant in writing.
(B) Upon receipt of a notice of a disapproved Technical Infeasibility Certification Request, the
fleet operator shall comply with paragraph (d) (1).
(C) The fleet operator may resubmit a Technical Infeasibility Certification Request at any time
after receiving disapproval notification, but must still comply with paragraph (d) (1) until such
time as the Executive Officer approves a Technical Infeasibility Certification Request under
paragraph (e) (1).
(4) A Technical Infeasibility Certification Request is subject to plan filing and evaluation fees as
described in Rule 306.
(f) Exemptions
(1) The provisions of this rule shall not apply to fleets consisting of evaluation/test vehicles,
provided by or operated by the vehicle manufacturer or manufacturer representative for testing or
evaluation, exclusively.
(2) The provisions of subdivision (d) shall not apply to a sweeper purchase by a fleet operator
that is solely dedicated to serving governmental agencies that are not subject to this rule, upon
demonstration to and approval of the Executive Officer.
(g) Compliance Auditing and Enforcement
(1) At the request of the Executive Officer, the fleet operator shall provide the purchase, lease,
or contract records for their sweepers to demonstrate compliance with subdivision (d).
(2) At the request of the Executive Officer, any fleet operator claiming an exemption under
subdivision (f) shall supply proof that their sweeper or fleet is exempted from this rule.
(h) Severability
If any provision of this rule is held by judicial order to be invalid, or invalid or inapplicable to
any person or circumstance, such order shall not affect the validity of the remainder of this rule,
or the validity or applicability of such provision to other persons or circumstances. In the event
any of the exceptions to this rule is held by judicial order to invalid, the persons or circumstances
covered by the exception shall instead be required to comply with the remainder of this rule.
15 9
AQM D Incentive Funding Programs
• Summary of Co -funding Sources
bM://www.qgmd.goy/tao/FleetRules/AFVFundingSources.htm
• Mobile Source Emission Reduction Review Committee
httt)://www.cleantran§portatio-nfun4ling.orF-/
Carl Moyer Memorial Program Incentives for Purchasing Lower -Emission Heavy -
Duty Engines (ARB website)
hftp://www.arb.ca.gov/msprog/moyer/moyer.htm
Other Links for Finding Fueling Stations
http://www.agmd.gov/tao/FleetRules/Fuelguides.htm
For more information on the fleet rLdes, call the FLEET RULE IMPLEMENTATION HOTLINE
at (909) 396-3044 or e-mail fleehUes@agmd.gov.
Source: hitp://www.gzymd.goy/tao/FleetRules/I 186.1Swegpers/index.htm
16 9
4. PROPOSAL FORMAT GUIDELINES
Interested entities or contractors are to provide the City of Costa Mesa with a thorough proposal
using the following guidelines:
Proposal should be typed and should contain no more than 20 typed pages using a 12 -point font
size, including transmittal letter and resumes of key people, but excluding Index/Table of
Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order
and content of sections. Proposal should be straightforward, concise and provide "layman"
explanations of technical terms that are used. Emphasis should be concentrated on conforming
to the RFP instructions, responding to the RFP requirements, and on providing a complete and
clear description of the offer. Proposals which appear unrealistic in terms of technical
commitments, lack of technical competence or are indicative of failure to comprehend the
complexity and risk of this contract may be rejected. The following proposal sections are to be
included in the Proposer's response:
• Vendor A»nlication Form and Cover Letter
Complete Appendix A, "Request for Proposal -Vendor Application Form" and attach this
form to the cover letter. A cover letter, not to exceed three pages in length, should
summarize key elements of the proposal. An individual authorized to bind the consultant
must sign the letter. The letter must stipulate that the proposal price will be valid for a period
of at least 180 days. Indicate the address and telephone narnber of the contractor's office
located nearest to Costa Mesa, California and the office from which the project will be
managed.
• Background and Project Summary Section.
The Background and Project Summary Section should describe your understanding of the
City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of
this RFP.
• Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the
Scope of Work of this RFP. The Methodology Section should include:
1. An implementation plan that describes in detail (i) the methods, including controls
by which your firm or entity manages projects of the type sought by this RFP; (ii)
methodology for soliciting and documenting views of internal and external
stakeholders; (iii) and any other project management or implementation strategies
or techniques that the respondent intends to employ in carrying out the work.
2. Detailed description of efforts your firm or entity will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work" section.
3. Detailed project schedule, identifying all tasks and deliverables to be performed,
durations for each task, and overall time of completion, including a complete
17 0)
transition plan. Include your plan to deal with fluctuation in service needs and
any associated price adjustments.
4. Detailed description of specific tasks you will require from City staff. Explain
what the respective roles of City staff and your staff would be to complete the
tasks specified in the Scope of Work.
5. Proposers are encouraged to provide additional innovative and/or creative
approaches for providing the service that will maximize efficient, cost-effective
operations or increased performance capabilities. In addition, the City will
consider proposals that offer alternative service delivery means and methods for
the services desired.
6. Proposers are also requested to identify any City owned facilities or property
which Proposer would propose to use or lease, purchase, or rent from the City in
connection with the services to be performed, including information about the
terms of any proposed lease, purchase or use of such equipment and facilities, and
how this proposed structure affects the overall cost proposal to the City, if
applicable.
• Staffing
Provide a list of individual(s) who will be working on this project and indicate the functions
that each will perform and anticipated hours of service of each individual.' Include a resume
for each designated individual.
Upon award and during the contract period, if the contractor chooses to assign different
personnel to the project, the Contractor must submit their names and qualifications including
information listed above to the City for approval before they begin work.
• Qualifications
The information requested in this section should describe the qualifications of the firm or
entity, key staff and sub -contractors performing projects within the past five years that are
similar in size and scope to demonstrate competence to perform these services. Information
shall include:
Names of key staff that participated on named projects and their specific responsibilities with
respect to this scope of work.
A summary of your firm's or entity's demonstrated capability, including length of time that
your firm has provided the services being requested in this Request for Proposal.
For private Proposers, provide at least three references that received similar services from
your firm. The City of Costa Mesa reserves the right to contact any of the organizations or
individuals listed. Information provided shall include:
i Hourly rates for the proposed personnel shall be set forth on Appendix D.
o Client Name
o Project Description
o Project start and end dates
o Client project manager name, telephone number, and e-mail address.
Any public entity which submits a proposal should describe in detail how it currently
performs services like those identified in the scope of work within its or other jurisdictions,
including photographs, written policies and/or video of services provided. If you have
performed these services under contract for another public entity, please provide references
for those entities as set forth above for private Proposers.
• Financial Capacity
Provide the Proposer's latest audited financial statement or other pertinent information such
as internal unaudited financial statements and financial references to allow the City to
reasonably formulate a determination about the financial capacity of the Proposer. Describe
any administrative proceedings, claims, lawsuits, or other exposures pending against the
Proposer.
• Fee Proposal
All Proposers are required to use the form in Appendix D to be submitted with their proposal.
Pricing instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Proposals shall be valid for a minimum of 180 days following submission.
• Disclosure
Please disclose any and all past or current business and personal relationships with any
current Costa Mesa elected official, appointed official, City employee, or family member of
any current Costa Mesa elected official, appointed official, or City employee. Any past or
current business relationship may not disqualify the firm from consideration.
• Sample Agreement
The firm selected by the City will be required to execute an Agreement for Services
(Agreement) with the City. The form of the Agreement is enclosed as Appendix B, but may
be modified to suit the specific services and needs of the City. If a Proposer has any
exceptions or conditions to the Agreement, these must be submitted for consideration
with the proposal. Otherwise, the Proposer will be deemed to have accepted the form of
.Agreement. See Section 13, below.
• Checklist of Forms to Accompany Proposal
As a convenience to Proposers, following is a list of the forms, included as appendices to this
RFP, which should be included with proposals
(1) Vendor Application Form
(2) Ex Parte Communications Certificate
19 l0
(3) Price Proposal Form
(4) Disclosure of Government Positions
(5) Disqualifications Questionnaire
5. PROCESS FOR SUBMITTING PROPOSALS
• Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format
guidelines.
* Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of elaborate
promotional material beyond those sufficient to provide a complete, accurate and reliable
presentation.
• Number of Proposals
Submit one original, Five (5) hard copies plus one disk copy of your proposal in
sufficient detail to allow for thorough evaluation and comparative analysis. In the event
of a conflict between the original and any hard copy or disk copy, the original shall
control.
• Submission of Proposals
Complete written proposals insist be submitted in sealed envelopes marked and received
no later than 9:59 a.m. (P.S.T) on November 24, 2014 to the address below. Proposals
Will not be accepted after this deadline. Faxed or e-mailed proposals will not be
accepted.
City of Costa Mesa
City Hall
Office of the City Clerk
77 Fair Drive
Costa Mesa, CA 92628-1200
RE: RFP 15-010 Street Sweeping
• Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Stephanie Urueta, RFP Facilitator
stephania.unxeta@costainesaca. gov
20 9
The City reserves the right to amend or supplement this RFP prior to the proposal due
date. All amendments, responses to questions received, and additional information will
be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site -
Business - Bids & RFP's; Proposers should check this web page daily for new
information. The City will endeavor to answer all written questions timely received no
later than November 19, 2014. The City reserves the right not to answer all questions.
From the date that this RFP is issued until a firm or entity is selected and the selection is
announced, firms or public entities are not allowed to communicate outside the process
set forth in this RFP with any City employee other than the contracting officer listed
above regarding this RFP. The City reserves the right to reject any proposal for violation
of this provision. No questions other than written will be accepted, and no response other
than written will be binding upon the City.
• Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any
services. The City, at its sole discretion, reserves the right to accept or reject any or all
proposals received as a result of this RFP, to negotiate with any qualified source(s), or to
cancel this RFP in part or in its entirety. The City may waive any irregularity in any
proposal. All proposals will become the property of the City of Costa Mesa, USA. If any
proprietary information is contained in the proposal, it should be clearly identified.
6. EVALUATION CRITERIA
The City's evaluation and selection process will be conducted in accordance with Chapter V,
Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest
responsible bidder will be determined based on evaluation of qualitative factors in addition to
price. At all times during the evaluation process, the following criteria will be used. Sub -criteria
are not necessarily listed in order of importance. Additional sub criteria that logically fit within a
particular evaluation criteria may also be considered even if not specified below.
I . Qualifications of Entity and Key Personnel------- 25%
Includes ability to provide the requested scope of services, the Proposer's financial
capacity, recent experience conducting work of similar scope, complexity, and magnitude
for other public agencies of similar size, references.
2. Approach to Providing the Requested Scope of Services -------10%
Includes an understanding of the RFP and of the project's scope of services, knowledge of
applicable laws and regulations related to the scope of services.
Price Proposal----- 50%
Price Proposals will be evaluated on the basis of the Total Estimated Annual Price
submitted in Appendix D.
4. Innovative and/or creative approaches to providing the services that provide
additional efficiencies or increased performance capabilities. ----15%
21
7. EVALUATION OF PROPOSALS AND SELECTION PROCESS
In accordance with its Municipal Code, the City will adhere to the following procedures in
evaluating proposals. An Evaluation/Selection Committee (Committee), which may include
members of the City's staff and possibly one or more outside experts, will screen and review all
proposals according to the weighted criteria set forth above. While price is one basic factor for
award, it is not the sole consideration.
A. Responsiveness Screeniun
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject
as non-responsive any proposal that does not include the documents required to be
submitted by this RFP. At any time during the evaluation process, the City reserves the
right to request clarifications or additional information from any or all Proposers
regarding their proposals.
B. Initial Proposal Review
The Committee will initially review and score all responsive written proposals based
upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's
references. Proposals that receive the highest evaluation scores may be invited to the
next stage of the evaluation process. The City may reject any proposal in which a
Proposer's approach, qualifications, or price is not considered acceptable by the City. An
unacceptable proposal is one that would have to be substantially rewritten to make it
acceptable. The City may conclude. the evaluation process at this point and recommend
award to the lowest responsible bidder. Alternatively, the City may elect to negotiate
directly with one or more Proposers to obtain the best result for the City prior to making a
recommendation or selection.
C. Interviews, Reference Checks, Revised Proposals, Discussions
Following the initial screening and review of proposals, the Proposers included in this
stage of the evaluation process may be invited to participate in an oral interview.
Interviews, if held, are tentatively scheduled for the week of December 15, 2014 and will
be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92628.
This date is subject to change. The individuals) from Proposer's firm or entity that will
be directly responsible for carrying out the contract, if awarded, should be present at the
oral interview. The oral interview may, but is not required to, use a written
question/answer format for the purpose of clarifying the intent of any portions of the
proposal.
In addition to conducting an oral interview, the City may during this stage of the
evaluationprocess also contact and evaluate the Proposer's references, contact any
Proposer to clarify any response or request revised or additional information, contact any
current users of a Proposer's services, solicit information from any available source
concerning any aspect of a proposal, and seek and review any other information deemed
pertinent to the evaluation process.
22 a
Following conclusion of this stage of the evaluation process, the Committee will again
rank all Proposers according to the evaluation criteria set forth above. The Committee
may conclude the evaluation process at this point, and make a recommendation for
award, or it may request Best and Final Offers from Proposers. The City may accept the
proposal or negotiate the terms and conditions of the agreement with the highest ranked
firm, which shall be determined to be the lowest responsible bidder. The City may
recommend award without Best and Final Offers, so Proposers should include their best
proposal with their initial submission.
Recommendation for- award is contingent upon the successful negotiation of final
contract terms. Negotiations shall be confidential and not subject to disclosure to
competing Proposers unless an agreement is reached. If contract negotiations cannot be
concluded successfully within a time period determined by the City, the City may
terminate negotiations and commence negotiations with the next highest scoring Proposer
or withdraw the RFP.
8. PROTEST PROCEDURES
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests
based upon restrictive specifications or alleged improprieties in the proposal procedure which are
apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in
writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of
proposals. The protest must clearly specify in writing the grounds and evidence on which the
protest .is based.
Protests based upon alleged improprieties that are not apparent or which could not reasonably
have been discovered prior to submission date of the proposals, such as disputes over the staff
recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within
forty-eight hours from receipt of the notice from the City advising of staff's recommendation for
award of contract. The protest must clearly specify in writing the grounds and evidence on which
the protest is based. The RFP Facilitator will respond to the protest in writing at least three days
prior to the meeting at which staff's recommendation to the City Council will be considered.
Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at
the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to
the scheduled meeting.
9. CONFIDENTIALITY
The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public
access to government records. Therefore, unless information is exempt from disclosure by law,
the content of any request for explanation, exception, or substitution, response to this RFP,
protest, or any other written communication between the City and Proposer, shall be available to
the public. The City intends to release all public portions of the proposals following the
evaluation process at such time as a recommendation is made to the City Council.
If Proposer believes any communication contains trade secrets or other proprietary information
that the Proposer believes would cause substantial injury to the Proposer's competitive position
if disclosed, the Proposer shall. request that the City withhold from disclosure the •proprietary
information by marking each page containing such proprietary information as confidential.
23
Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as
confidential.
Submission of a proposal shall indicate that, if Proposer requests that the City withhold from
disclosure information identified as confidential, and the City complies with the Proposer's
request, Proposer shall assume all responsibility for any challenges resulting from the non-
disclosure, indemnify and hold harmless the City from and against all damages (including but
not limited to attorney's fees that may be awarded to the party requesting the Proposer
information), and pay any and all costs and expenses related to the withholding of Proposer
information. Proposer shall not make a claim, sue, or maintain any legal action against the City
or its directors, officers, employees, or agents concerning the disclosure, or withholding from
disclosure, of any Proposer information. I£ Proposer does not request that the City withhold from
disclosure information identified as confidential, the City shall have no obligation to withhold
the information from disclosure and may release the information sought without any liability to
the City.
10. EX PARTE COMMUNICATIONS
Proposers and Proposers' representatives should not communicate with the City Council
members about this RFP. In addition, Proposers and Proposers' representatives should not
communicate outside the procedures set forth in this RFP with an officer, employee or agent of
the City, including any member of the evaluation panel, with the exception of the RFP
Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives
are not prohibited, however, from making oral statements or presentations in public to one or
more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,
directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's
proposal, and any individual or entity who has been requested by the Proposer to contact the City
on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix
C) with their proposals certifying that they have not had or directed prohibited communications
as described in this section.
11. CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not
acquire any interest which would present a conflict of interest under California Government
Code sections 1.090 et seq., or sections 87100 et seq., during the performance of services under
any Agreement awarded. The Proposer further covenants that it will not knowingly employ any
person having such an interest in the performance of any Agreement awarded. Violation of this
provision may result in any Agreement awarded being deemed void and unenforceable.
12. DISCLOSURE OF GOVERNMENTAL POSITION
In order to analyze possible conflicts Haat might prevent a Proposer from acting on behalf of the
City, the City requires that all Proposers disclose in their proposals any positions that they hold
as directors, officers, or employees of any governmental entity. Additional disclosure may be
required prior to contract award or during the term of the contract. Each Proposer shall disclose
whether any owner or employee of the firm currently hold positions as elected or appointed
officials, directors, officers, or employees of a governmental entity or held such positions in the
24
past twelve months using the attached "Disclosure of Government Positions Form." (See
Appendix F.)
13 CONDITIONS TO AGREEMENT, J F ANY.
The selected Proposer will execute an Agreement for Services with the City describing the Scope
of Services to be performed, the schedule for completion of the services, compensation, and
other pertinent provisions. The contract shall follow the sample form of Agreement provided as
Appendix B to this RFP, which may be modified by City. All Proposers are directed to
particularly review the indemnification and insurance requirements set forth in the sample
Agreement.
The terms of the agreement, including insurance requirements have been mandated by the
City and can be modified only if extraordinary circumstances exist Submittal of a proposal
shall be deemed acceptance of all the terms set forth in this RFP and the sample Agreement for
Services unless the Proposer includes with its proposal, in writing, any conditions or exceptions
requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code,
the City may consider the scope and number of conditions in evaluation proposals and
determining the lowest responsible bidder.
14. DISQUALIFICATION QUESTIONNAIRE
Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire
inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has
a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise
prevented from proposing on, or completing a federal, state, or local government project because
of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may
be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been
disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state,
or local project because of a violation of law or a safety regulation. See Appendix E.
15. STANDARD TERMS AND CONDITIONS
Amendments
The City reserves the right to amend or supplement this RFP prior to the proposal due date. All
amendments and additional information will be posted to the Costa Mesa Procurement Registry,
Costa Mesa - Official City Web Site - Business - Bids & RFP's; Proposers should check this web
page daily for new information.
Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the Proposer. All proposals
submitted become the property of the City.
Insurance Requirements
City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not
a declaration or policy) or proof of legal self-insurance on .file with the City for the issuance of a
permit or contract. Within ten (10) consecutive calendar days of award of contract, successful
25
Proposer must furnish the City with the Certificates of Insurance proving coverage as specified
within Appendix B.
26
1
4
a
3. i•.
27
REQUEST FOR PROPOSAL
RFP No. 15-010 Street Sweeping Services
VENDOR APPLICATION FORM
TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E -Mail Address:
Phone:
Contact Person for Proposals:
Title:
Business Telephone:
Is your business: (check one)
❑ NONPROFIT CORPORATION
Is your business: (check one)
Fax:
E -Mail Address:
Business Fax:
❑ FOR PROFIT CORPORATION
❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
28
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names
Federal Tax Identification Number:
City of Costa Mesa Business License Number:
Title Phone
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CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
THIS AGREEMENT is made and entered into this _ day of , 20_ ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
, a [state] [type of corporation] ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to , as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized
expertise contemplated within California Government Code Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the City's Request for Proposal ("RFP"), ,attached hereto as Exhibit "A," and Consultant's
Response to City's RFP (the "Response") attached hereto as Exhibit "B," both incorporated
herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the
work will be done by the City Manager or his or her designee. If the quality of work is not
satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
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(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and
safety in employment; and all other Federal, State and local laws and ordinances applicable to
the services required under this Agreement. Consultant shall indemnify and hold harmless City
from and against all claims, demands, payments, suits, actions, proceedings, and judgments of
every nature and description including attorneys' fees and costs, presented, brought, or
recovered against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment,. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City. Consultant may engage a subcontractor(s) as permitted by law and
may employ other personnel to perform services contemplated by this Agreement at
Consultant's sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
by City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this
Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's total compensation shall not exceed Dollars ($ .00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City or
the Project Manager for this Project, prior to Consultant performing the additional services,
approves such additional services in writing. It is specifically understood that oral requests
32 05a
and/or approvals of such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to
this Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance
with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable
control of a party.
4,0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of months, ending on , 20—, unless previously terminated as
provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
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and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence. If such
insurance contains a general aggregate limit, it shall apply separately to
this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is
written as a "claims made" policy, the retro date shall be prior to the start
of the contract work. Consultant shall obtain and maintain, said E&O
liability insurance during the life of this Agreement and for three years
after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
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appointed boards, officers, officials, agents, employees, and volunteers
are additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor
shall it be cancelled, nor the coverage or limits reduced, until thirty (30)
days after written notice is given to City.
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers. Any other insurance maintained by
the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy of insurance issued as to
which the City is an additional insured shall contain a provision which requires that no insured
except the named insured can satisfy any such deductible or self-insured retention.
5A. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement. The
certificates of insurance shall be attached hereto as Exhibit °E" and incorporated herein by this
reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2, Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the .City, called for by this Agreement, except as
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otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Manage rs. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: Tel: (714) 754 -
Fax: Fax: (714) 754-
Attn: Attn:
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"F" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant
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is
of Consultant's obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees
arising out of the performance of the Consultant, its employees, and/or authorized
subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation
provided for hereunder shall apply without any advance showing of negligence or wrongdoing
by the Consultant, its employees, and/or authorized subcontractors, but shall be required
whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
officials, officers, agents and employees based upon the work performed by the Consultant, its
employees, and/or authorized subcontractors under this Agreement, whether or not the
Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Consultant's
Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an
agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any
time, or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
37
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or
information shall not be made available to any individual or organization without the prior
consent of City. Any use of such documents for other projects not contemplated by this
Agreement,. and any use of incomplete documents, shall be at the sole risk of City and without
liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from
all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting
from City's use of such documents for other projects not contemplated by this Agreement or use
of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings,
reports, documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confldential
all information obtained by it that is designated as a trade secret. The City shall not, in any way,
be liable or responsible for the disclosure of any trade secret including., without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the
Political Reform Act (Government Code Sections 81000, et seg.) and Government Code
Section 1090. During the term of this Agreement, Consultant and its officers, employees,
associates and subconsultants shall not, without the prior written approval of the City
Representative, perform work for another person or entity for whom Consultant is not currently
performing work that would require Consultant or one of its officers, employees, associates or
subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest
statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
38
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and
any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the
extent this Agreement incorporates by reference any provision of any document, such provision
shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the
terms and conditions of this Agreement and those of any such provision or provisions so
incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized
representative of the party against whom enforcement of a waiver is sought. The waiver of any
right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right
or remedy in respect to any other occurrence or event, nor shall any waiver constitute a
continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially
impaired, which determination made by the presiding court or arbitrator of competent jurisdiction
39
9
shall be binding, then both parties agree to substitute such provision(s) through good faith
negotiations.
6.26. Counterparts,. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
40
5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
[Mayor or Chief Executive Officer]
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Project Manager
Director
41
Date:
Date:
Date:
Date:
Date:
Date:
EXHIBIT A
REQUEST FOR PROPOSALS
42
EXHIBIT B
CONSULTANT'S PROPOSAL
43 U13
1 *:/.11.3
FEE SCHEDULE
44
V�
EXHIBIT D
PROJECT SCHEDULE
45 (3
EXHIBIT E
CERTIFICATES OF INSURANCE
46
EXHIBIT F
CITY COUNCIL POLICY 100-6
47
a
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they
will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee
of Federal funds under a variety of programs, is required to abide by this Act. The City Council
has expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in
the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
0414 [y1
The City Manager, under direction by the City Council, shall take the necessary steps to see
that the following provisions are included in all contracts and agreements entered into by the
City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, .specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
48
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining. a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health agency, law enforcement, or other appropriate agency;
49
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been
convicted of violations of criminal drug statutes for violations occurring in the
workplace as to indicate that the contractor and/or sub -grantee has failed to
make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted.
Upon issuance of any final decision under this section requiring debarment of a
contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for
award of any contract, agreement or grant from the City of Costa Mesa for a period
specified in the decision, not to exceed five (5) years. Upon issuance of any final
decision recommending against debarment of the contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be eligible for compensation as provided by law.
50
Q�
51
C!
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer's representatives have not had any communication with a
City Councilmember concerning RFP NO. 15-010 Street Sweeping Services at any time after
November 13, 2014.
Date:
Signature
X -V
I certify that Proposer or Proposer's representatives have communicated after
November 13, 2014 with a City Councilmember concerning RFP NO. 15-010 Street Sweeping
Services. A copy of all such communications is attached to this form for public distribution.
Signature
Date:
52
1 ��
53
103
PRICING PROPOSAL FORM
RFP NO. 15-010
STREET SWEEPING SERVICES
Provide hourly rates, along with estimated annual pricing in accordance with the City's current
requirements, as set forth in section 3 Scope of Work. Also provide your firm's proposed Staffing
Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any
added value.
Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for
follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the
contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angles -Riverside -Orange County, CA, All Items, Not
Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in
the subsequent year. (Thus information may be found on the U.S. Department of Labor's website at
www.bls.gov.)
ROUTE:
Total Annual Cost
(Weekly)
Weekly Route 1 Total (211 Club &
Linear miles):
Weekly Route 2 Total (206 Curb &
Linear Miles):
Weekly Route 3 Total (208 Curb &
Linear Miles):
Weekly Route 4 Total (214 Curb &
Linear Miles):
Weekly Extra Sweeps/Call Chats (8.65
miles):
$
$
$
$
$
Total Annual Cost
$
54
The Proposer agrees that for requested and/or required changes in the scope of work, including
additions and deletions on work not performed, the Contract Stun shall be adjusted in accordance
with the following unit prices, where the City elects to use this method in determining costs.
Proposer is advised that the unit prices will enter into the determination of the contract award.
Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below
refer to all items installed and the Construction Documents and include all costs connected with
such items; including but not limited to, materials, labor, overhead, and profit for the Proposer.
The unit prices quoted by the Proposer shall be those unit prices that will be charged or credited
for labor and materials to be provided regardless of the total number units and/or amount of labor
required for added or deleted items of work.
All work shall be performed in accordance with the specifications.
WORD DESCRIPTION
Cost Per Curb Mile
Hourly rate for special sweeps
Unit Price
Proposer's Initials
55
9
(Please Type or Print)
Total Proposal Amount:
* In written words
* In figures $
CONTRACTOR Lawful Name:
Proposer's Name:
PROPOSER License No.
PROPOSER Taxpayer I.D. Number:
Signature:
PROPOSER Address:
Telephone Number: {
Fax Number: { )
24 -Hour Emergency Contacts:
Name
Name
Name
Proposal Amount
56
_ Proposer's Initials:
Expiration:
Date:
Telephone No.: (
Telephone No.:
Telephone No.: ( )
Proposer's Initials
The Proposer agrees that the City will not be held responsible if any of the approximate
quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any
claim for damages or for loss of profits because of a difference between the quantities of the
various classes of work as estimated and the work actually done. If any error, omission or
misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract
or release the Proposer from the execution and completion of the whole or part of the work
herein specified, in accordance with the specifications and the plans herein mentioned and the
prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or
liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided
for in this contract.
The Proposer agrees that the City shall have the right to increase or decrease the quantity of any
item or portion of the work or to omit portions of the work as may be deemed necessary or
expedient, and that the payment for incidental items or work, not separately provided in the
proposal shall be considered included in the price bid for other various items or work.
Proposer's Initials
(t60.SPC)CSCmatedV13/0d 0
If the proposal is by a corporation, state the names of the officers who can sign an agreement on
behalf of the corporation and whether more than one officer must sign.
❑ Corporation
Name
Nance
Name
Taxpayer I.D. Number:
Can Sign Must Sign
❑ ❑
❑ ❑
If the proposal is by a partnership or a joint venture, state the names and addresses of all general
partners and joint ventures.
❑ Partnership or Joint Ventures Taxpayer I.D. Number:
Name
Address
Name
Address
If the Proposer is a sole proprietorship or another entity that does business under a fictitious
name, the Proposer shall be in the real name of the Proposer with a designation following
showing "DBA (the fictitious name)"; provided, however, no fictitious name shall be used unless
there is a current registration with the Orange County Recorder.
The full names and residences of all persons and parties interested in the foregoing proposal, as
principals, are as follows:
NOTE: Give first and last names in full; in case of corporation, give names of President,
Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint
ventures, give names of all the individual members.
Proposer's Initials
( 1 S0.SPC)CS CmMed 2/13/04
Proposer shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Proposer's Signature
E
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Was
E
�
/�
t \ |
ƒ
!
2
-
\ -
} \ {
{
E
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently hold
positions as elected or appointed officials, directors, officers, or employees of a governmental
entity or held such positions in the past twelve months. List below or state "None."
ATTACHMENT 3
ean
cl &met
Cleaning Your Environment
i n
lip
STREET SWEEPING SERVICES
EXCLUSIVELY FOR
CITY OF COSTA MESA
DECEMBER rj 9 2014
WL1937 W. 169th Street
Gardena, CA 90247
(800) 225-7316 x108
TABLE OF CONTENTS
SECTION
COVERLETTER & FORMS...........................:......:.:....:..::.........:...,.................................1
• VENDOR APPLICATION FORM
• EX PARTE COMMUNICATIONS CERTIFICATE
• DISQUALIFICATIONS QUESTIONNAIRE
• AMENDMENT NO. 1
• AMENDMENT NO. 2
• AMENDMENT NO. 3
BACKGROUND & PROJECT SUMMARY.................................................................:.........2
METHODOLOGY.........................................................................................................3
STAFFING........................ ................................................................. .............. ..........,,4
QUALIFICATIONS.............................................................................................
FINANCIALCAPACITY.................................................................................................6
FEEPROPOSAL.........................................................................................................7
• PRICE PROPOSAL FORM
DISCLOSURE.............................................................................................................8.
• DISCLOSURE OF GOVERNMENTAL POSITIONS
NCleenSu,eet
(800) 225-7316 x108
1937 W. 169'" Street
Gardena, CA 90247
CleenStmet
Cleaning Yot.w EnVIVOI ITIelll.
December 2, 2014
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
Dear Ladies and Gentlemen,
Enclosed is our proposal for providing high quality street sweeping services for
the City of Costa Mesa.
Our proposal contemplates complete compliance with all terms and conditions
set forth in your request for proposals. Our pricing will be guaranteed for 180
days. We will not utilize subcontractors.
We serve more than 50 cities in southern California. We are committed to
providing high quality street sweeping and high quality customer service.
We understand that the City of Costa Mesa is seeking a problem free service
provider. We are confident that we will be able to perform this contract perfectly
without any exceptions or problems.
CleanStreet is dedicated to customer satisfaction. We enjoy a tremendous
reputation for delivering dependable, high quality street sweeping services.
This contract will be managed directly out of our headquarters facility located at 1937
West 169th Street, Gardena, California 90247.
Thank you for this opportunity. I hope we can be of service to your City.
Sincerely,
CLEANSTREET
r
J-
Rick Anderson s
Secretary/Director of Business Development
1937 West 169th Street, Gardena, California 90247
Clea nStreet. com E - mail: infogaCIeanStreet.com
(800) 225-7316
Fax: (31 0) 538-8015
REQUEST FOR PROPOSAL
RFP No. 15-010 Street Sweeping Services
VENDOR APPLICATION FORM
TYPE OF APPLICANT: ® NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation: CleanStreet
Contact Person for Agreement: Rick Anderson
Corporate Mailing Address: 1937 W. 169th Street
City, State and Zip Code: Gardena, CA 90247 _
E -Mail Address: randersonpcleanstreet.com
Phone: 800 225-7316 x108
Contact Person for Proposals: Rick Anderson ..
Fax: J31._0) 538-8015
Title: Secrgi�_ E -Mail Address: randerson(&deanstreet.com
Business Telephone: 800) 225-7316 x108 Business Fax (310) 53-8-8D15—
Is
38-8Q15._,Is your business: (check one)
❑ NON PROFIT CORPORATION ® FOR PROFIT CORPORATION
Is your business: (check one)
® CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
0
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign. contracts)
Names Title Rhone -
Jere Costello President_ 800)225-7316 x103
Rick Anderson _ _ Secretary (800) 225-7316 x108
Federal Tax Identification Number: 95-4147708
City of Costa Mesa Business License Ntunber: None
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date: _N/A
29
The Proposer agrees that the City will not be held responsible if any of the approximate
quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any `
claim for damages or for loss of profits because of a difference between the quantities of the
various classes of work as estimated and the work actually done. If any error, omission or
misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract
or release the Proposer from the execution and completion of the whole or part of the work
herein specified, in accordance with the specifications and the plans herein mentioned and the
prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or
liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided
for in this contract.
The Proposer agrees that the City shall have the right'to increase or decrease the quantity of any
items or portion of the work or to omit portions of the work as may be deemed necessary or
expedient, and that the payment for incidental items or work, not separately provided in the
proposal shall be considered included in the price bid for other various items or work.
Proposer's Initials
9
I;
f-
S
{
.l
(M.SPC)CSCmpIMVI1AN l a
IIf the proposal is by a corporation, state the names of the officers who can sign an agreement on
behalf of the corporation and whether more than one officer must sign.
® Corporation
Name Jere Costello
Name Rick Anderson
Name
Taxpayer I.D. Ntunber: 95-4147708
Can Sign Must Sign
If the proposal is by a partnership or a joint venture, state the names and addresses of all general
partners and joint ventures.
❑ Partnership or Joint Ventures
Name
Address
Taxpayer I.D. Number:
Name ---- -
Address --_-
If the Proposer is a sole proprietorship or another ciitity that does business tinder a fictitious
name, the Proposer shall be in the real name of the Proposer with a designation following
showing "DBA. (the fictitious name)"; provided, however, no fictitious manic shall be used unlrxis
there is a current registration with the Orange County Recorder.
The full names and residences of all persons and parties interested in the foregoing proposal, as
principals, are as follows:
NC]TC;Give first and last names in full, in case of corporation, give names of President,
Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint
vmitures, give names. of al l the individual members.
Jere Costello President 1937 W. 169th Street Gardena CA 90247
Rick Anderson Secreta X937 W. 169th Street, Gardena, CA 90247
ProAs er uiitials
(1aosrc)cs cmrAea 2/0/04
Proposer shall signify receipt of all Addenda here, if any;
Addendum No, Date Received
1
...... —
3
Trouser's Sip—nature
K
DISQUALIFICATION QUESTIONNAIRE
'rho Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local governmont project because of a
violation of law or safety regulation?
Yes No X
If the answer is yes, explain the circumstances in the following space,
REQUEST FOR PROPOSAL
FOR
STREET SWEEPING SERVICES
RFP No. I5-010
(Sc hedule of Events Revised)
Costa Mesa
Public Services Department
CITY OF COSTA MESA
Released on November 13, 2014
The referenced document has been modified as per the attached Amendment No. 1
Please sign this Amendment where designated and return the executed copy with
submission of your proposal. This amendment is hereby made part of the referenced
proposal as through fully set forth therein. Any questions regarding this amendment
should be addressed to Stephanie Urueta, email sic ifhagic:.tiructgfgj!( staijLsac:a.,�oy
2
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule;
Release of RFP
November 13, 2014
Mandatory Pre -Proposal Conference
November 20, 2014 at 11:00 a.m.
Deadline for Written Questions
November 24, 2014 @ Noon
Responses to Questions Posted on Web
November 26, 2014
Proposals are Due
December 4, 2014 @ 10:00 am
Interview (if held)
Week of December 22, 2014
Approval of Contract (Tentative) .TBD
All dates are subject to change at the discretion of the City
All other provisions of the invitation of this proposal shall remain in their entirety.
Vendors hereby acknowledge receipt and understanding of the above Amendment.
Complete and submit this Amendment with your proposal.
Signature
Rick Anderson, SecretaM____�
Print Name & Title
1937 W. 169th Street
Gardena, CA 90247
A( f russ
December 2. 2014
Date
CleanStreet
Company Name
800.225.7316 x108
Phone Number
REQUEST FOR PROPOSAL,
FOR
STREET SWEEPING SERVICES
RFP No. 15-010
(Section 2 SCHEDULE OF EVENTS - Pre -Proposal Proposal Meeting Location Changed)
Costa Mesa-
Public
Services Department
CITY OF COSTA MESA
Released on November 13, 2014
The referenced document has been modified as per the attached Amendment No. 2
Please sign this Amendment where designated and return the executed copy with
submission of your proposal. This amendment is hereby made part of the referenced
proposal as through fully set forth therein. Any questions regarding this amendment
should be addressed to Stephanie Urueta, email s1c,}ionic.��,uct��{c��4«st�mcs<ic:�.civ
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP November 13, 2014
Mandatory Pre -Proposal Conference
Deadline for Written Questions
Responses to Questions Posted on Web
Proposals are Due
Interview (if held)
Approval of Contract (Tentative)
All dates are subject to change at the discretion of the City
November 20, 2014 at 11:00 a.m.
November 24, 2014 @ Noon
November 26,_ 2014
December 4, 2014 @ 10:00 am
Week of December 22, 2014
TBD
Pre -Proposal Conference: A MANDATORY pre -proposal conference will be held on Thursday,
November 20, 2014 at 11:00 a.m. in Conference Room 4A on the fourth floor at City Hall, 77 Fair
Drive, Costa Mesa, CA 92626. A pre -proposal conference is held to allow for questions and
clarifications concerning the City's RFP process and subsequent contract award. In order to provide
comprehensive answers and minimize response time, proposer(s) will be asked to submit questions
in writing prior to the meeting. Questions can be e-mailed to stetir�i:ie.ur uc a�ir�ct�stu�nesaca.�ov.
All other provisions of the invitation of this proposal shall remain in their entirety.
Vendors hereby acknowledge receipt and understanding of the above Amendment.
Complete and submit this Amendment with your proposal.
Signature
glck Andersen. Secretary
Print Name & Title
1937 W. 169th Street
Gardena. CA 90247
Address
December 2,2014
Date
CleanStreet
Company Name
800.226.7316 x108
Phone Number
REQUEST FOR .PROPOSAL
FOR
STREET SWEEPING SERVICES ^
RFP No. 15-010
(Question & Answer Revision & Schedule of Evenly)
Costa Mesa
Public Services Department
CITY OF COSTA MESA
Released on December 4, 2014
The referenced document has been modified as per the attached Amendment No. 3
Please sign this Amendment where designated and return the executed copy with
submission of your proposal. This amendment is hereby made part of the referenced
proposal as through fully set forth therein. Any questions regarding this amendment
should be addressed to Stephanie Urneta, email 5luphxnie tlrtx1a(�c[�yt�uneyaca,��
1 f��;
2
Notice is hereby given that the response to the following question shall be amended in the
above referenced Request for Proposal (RFP) Questions and Answers submitted to the
City Website on December 1, 2014 as follows:
1. Does the City require that we pay prevailing wage? ANO. Please refer to the
j attached Department of Industrial Relations Appeal — Public Works Case No.
+ 2055-007. Revised 1214114
Notice is hereby given that a change to the Schedule of Events has been made as follows:
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP November 13., 2014
Mandatory Pre -Proposal Conference
Deadline for Written Questions
Responses to Questions Pasted on Web
Proposals are Due,
Interview (if held) -
Approval of Contract (Tentative)
November 20, 2014 at 11:00 a.m.
November 24, 2014 @ Noon
November 26, 2014
December 6, 2014 @ 10:00 am
Week of December 22, 2014
TBD
All other provisions of the invitation of this proposal shall remain in their entirety.
Vendors hereby acknowledge receipt and understanding of the above Amendment.
Complete and submit this Amendment with your proposal
/144 - -
5ig;naiture
Rock A d�dersQ]. SgQ[pjaQr
Print Name & Title
1937 W. 169th Street
Gardena, CA 9Q24T
Address
.0 ps�f:L 2_D_l 4 _..
Date
CleanStreet
Company Name
800.225.7316 x108
1"11()I Te N117 -1b oI-
STATZ Off' CALIFORNIA
DEPARTMENT OF :MTJSTRTAL RELATIONS
OECTSTON ON ,ADMINIS', MTIVE APPEAL
RLQ': PUBLIC WORKS CASE NO. 2005-407
STREET SWEEPING �
CITY OF SANTA CLARITA
INTRODUCTIOM
On June 1, 2005, the Acting Director of the Department
of Industrial Relations ("Department") issued a public works
coverages determination ("Determination") f'i.nd.ing that the
street sweeping contracted by and for the City of Santa
Clarita ("City") does not constitute the public work of
maintenance, subject to the payment of prevailing wages. On
Julie 30, 2005, Operating Pngi.neers Union Local. No. 3, AFL-
. I
CTCV ( "Operating Engineers") filed an administrative appeal
of the Determination. 'Thereafter, submissions were made by �
interested parties, CleanStreet and City. i
All of the submissions have been considered carefully.
Except as noted below, they raise no new issues not already
addressed in the Determination, and for the' additional
reasons stated herein, the appeal. is denied, and the
Determination dated June 1, 2005, is affirmed and
incorporated herein by reference.
XT,, ISSTIES
Operating Engineers provider the following reasons why
it believes the Department's Determination that the street
sweeping at issue is not maintenance is in error:
11 the work is necessary to protect the public health
from vermin, germs and diseaae that breed in debris;
the work is necessary to maintain the roadways in a;
safe and continually usable condition and to protect the
public :From hazards caused by accumulated debris in the .
roadway and, gutters;
the work is necessary to ensure storm water facilities
continue. to work and provide adequate drainage during
rains aria protect the public from flooding;
the work is one of the most effective ways,of removing I
metal particles.. -_and _h� C1.X115_._waste....�a.rsJdu.Ct:s..._ kos.�.t.ec1 — i
on roadways by vellicles.; these waste products are
virt:u,all.y invisible, extremely harmful to fish, other. `
wildlife, and the general publlc, if allowed to ruin into
rivers, creeks, beaches, and bays; the work protects the ,
water supply and the environment; and
the work is one of the best ways to control and
improve water quality, a public service that trust be
maintained in good order.
TIX. DISCUSSION
A. PUBLIC HEALTH CONCERNS ARE NOT THE BASIS FOR FINDING A
WORX TO CONSTXTUTE "MAi11TxMANCE.''
While protecting the public health from vermin, germs
and disease that breed in debris is an important public
policy matter, public health concerns are not, a basis for
finding work to constitute maintenance under California code
of Regulations, title 8, section 16000.
B. PUBLIC SAFETY CONCERNS RAISED IN PW 2001-0051,
a1RASM/J7.W'8T? 'S RMOVAZ PROM RA.ZLROAD Rx'G.0 TS -OF -WAY AM
rACX.Ta.i',1XX5, BLUE AfM G'RXEN ZTN.S,SILOS ANGELES COUNTY
MEx°,ROPOLr TT,AN' TR WSp0RT.ATI01U A.UTTf0RXrY ( AUGUST 8, 2 0 01 )
ARE NOT IMPLICATED HERE.
Operatl.ng Engineers argues that the street sweepixlg
work is necessary to maintain the roadways in a safe and
continually usable condition and to protect the public from
+a
hazards caused by accumulated debris in the roadway and {
gutters. City counters that such a position is not well- II
taken'in that the „sweeper does not go down the middle of
the street to sweep debris, it stays on the curb and the
side brush ;weeps debris out of the curb and., into the main 1
brush at the rear- of the sweeper." City further states
„(t]he City had a Public Works Street maintenance division
that repairs potholes, removes items spilled or dumped on
the roadway, and maintains the roadway in a safe and
continually usable condition," �
r
In FW 2001--005, Tras lDebzls Removal— -from- Railroad
RIgh+ s -of -Warr and Facilities, Blue and Green .Lines / Los
A pre.le_- County .Metropolitan 21ransportation AuMorit.y
(August 8, 2001) , the work in question was the "removal of
paper, .refuse:, dead 'vegetation, automobile parte, shopping
carts, tires, bicycles, furniture, etc." The work allowed �
the light rail system to be kept free of trash and debris
for safe traiii movements, and for that reason, the work was
found to const;.l,tute maintenance. here, the public safety,
i
concern is not implicated because the city streets, unlike
a light rail train system, remain in d safe and continually
usable condition even absent the curbside street sweeping. ,
Further, as City has indicated, to the ex4ent; , that
streets, were to become unsafe and unusable, City would
engage its Street Maintenance Division to fix the street
axed/or remove items spilled or dumped on the street.
C. WORK PERPO D ON STORM DRAINS TO AVOID FLOOPING IS NOT
AT ISSUE; THAT WORX, IN ANY EVENT, IS PERFORMED DX
CITY'S MAINTNUANCE DIVISION.
operating Engineers argues that the street cleaning is
necessary to ensure storm facilities continue to work and to
provide adequate drainage during rains and protect the
public from flooding, The work at issue here is the
3
cleaning of city streets, not work performed on storm '
drains. That work is performed by City's Storm Water
Maintenance crew which cleans out City -owned catcb basins
four times per year. City also Contracts with.Los Angeles•
County Flood Control to clean thousands of catch basins per
year.
D. ENVIRO MENT.A.L CONCERNS ARE NOT THE BASIS FOR Filo 1NG A.
Lastly, Operating Engineers argues that ,street sweeping
work is one of --U6 most effective ways- -of removing metal
particles and hazardous waste products deposited on the
roadways by vehicles. It states that these types of waste
products are virtually invisible and are extremely hax-mful to
fish and other wildlife, and the' general public, if allowed
to run into rivers, creeks,, beaches and hays. It further
argues that street sweeping is one of the best ways to
control and improve water quality, whi 4e environmental
coxcerns, like public healtbx concerns, are an important
public policy matter, they are not a basis for finding a work
to be maintenance.
The recent preceden .ial determination, PW 2005-01.4,
Sedlnieyit Removal from Storm Drajxa,5/Calif0r.nja Department Of
Transpo.r'tatjon (October 11, 2005), is guidance.1 In that case,
a federal court issued an injunCtioa ordering Cal Trans to
reduce or eliminate Che discharge of hydrocarbon and leach
contaminated sediments from storm drajins into Sinha Monica.
Bay, as those materials were found to be harmful to wildlife..
The storm drains at issue in that determination were "self -
flushing." if Large debris were to accumulate and clog the
' While PW Case No. 2005-014, Sedxme.nt Removal from Storm Drains 1
California Department of 'Transport'at.ton (October 31, 2005) was not Cho
law at the time this Determination issued an June 1, 2005, it is cited
in this decf.sion as consistent with the Department's position on the
matter,
4
I
drain, a .Cal Trans maintenance crew would perform work to
remove the debris and restore the drain to its normai
operable condition , The. deterinination concluded - that the
purpose of the removal of the sediment was to protect the
environment, which', alone, slid not constitute a ground fUr a
finding -of maintenance.
TV. CONCLUSION
1n sUMMary, fox- the reasons, set - forth in the
Determination, as eaugmented by this Decision on
._ . Administrative Appeal;, Operating -Engineer 's' appeal is denied—
and the Determination that the street sweeping work
performed for the City of Santa Clarita is not a public work
is affirmed. This decision constitutes 'Ehe final
administrative action in this matter,
5
John M. Rea, Acting Director
133
r
PROOF DF,SERVICE
(Code Civ, Proc. H 1013a, 2015.5)
Aes Public Works Case No. 2005-007
Street Sweepings City of Santa Clarita
I am employed in the,City and County of San
Francisco, California-, I am over the age of- eighteen years
and not a palr"Lly to the within action; my business address is
455 Golden Gate Avenue, Suite 9516, San Froaicioco, California
94102-3660, on February,8, 2006, I s6rved the enclosed
Public Woks Decision on Administrative Appeal on the parties
listed below, through their attorneys of record,. by -placing
ttue copies, thereof. -in sealed envelopes -addre2sed-'as- shown ---
below for service as designated below:
(A)_Fixst Class Mail, I am readily familiar with the
practice of the Department of industrial Relations,
Office of the Director Legal unit, for the col,10(ttion and
processing of corre8pondexnce for mailing with the United
States Postal Service. I caused each such envelope, with
first-class postage thereon fully prepared, to be
deposited in a recognized place of deposit of Lhe U.S.
Mail In San Francisco, California, for collection and
mailing to the office of the addressee- on the date shown
herein.
(E) By Personal Service: I caused each such envelope to be
personally delivered to the office of the addressee by a
member of the staff of the Department of industrial
Relations, Office of the Director,Legal. Unit, on the date
last wrItten below.
(C) By mlessenger, -service; i am readily familia;, with the
practice of the Department of industrial Relations,
office of the Director Legal Unit for messenger,
delivery, and ! caused each such envelope to be
delivered to a courier employed by Golden State
overnight, with whom we have a direct billing account,
who personally delivered each such envelope to the
office of the address at the place and on the date last
written below,
(D) By_ Facsimile: I caused such document to be served via
facsimile electronic equipment' transmission (fax) on the
parties in this action, pursuant to oi:al a-nd/or written
agreement between such parties regarding service by
facsimile by transmitting,a true copy the following
fax numbers:
1
TYPE OF
ADDRESSES & FAX NUMBER
SERVICE
(IF APPLICABLE)
B
DAVID ROWAN CHIEF
DEPT, OF INDUSTRIAL RELATIONS
DIVISION OF APPRENTICESHIP STDS
4 5 5 GOLDEN GATE AVENUE
SAN FRANCISCO CA 94102
B
ROBERT JONES CHIEF COUNSEL/
ACTING LAB COMMISSIONER
DEPT, OF INDUSTRIAL RELATIONS
DIV OF LABOR STANDARDS ENFORCEMENT
455 GOLDEN GATE AVENUE 91" FLOOR
SAN .FRANCISCO CA 94102
B
VANESSA L. HOLTON CHIEF COUNOEL
OFFICE o -THE DIRE CTOR'-_LEGAL, -
DEPT OF INDUSTRIAL RELATIONS
455 GOLDEN GATE AVENUE .9TH FLOOR
SAN FRANCISCO CA 94102
A
L•,ABOR & WORKFORCE DEV AGENCY
A`% 7'N RACHEL, VAN PATTEN
601 X STREET SUITE 2100
SACRAMENTO CA 95814
3
MARIA ROBBINS DEPUTY CHIEF
DEPT OF INDUSTRIAL 'RELATIONS
DIV OF LABOR STATISTICS & RESk'MCR
455 GOLDEN GATE AVENUE 9Tli FLOOR
SAN FRANCISCO CA 94102
A
?ERE COSTELLO, CEO
CLEANSTREET
1937 W. 169TH STREET
GARDENA, C,A. 90247
A
TRAVIS LANGE
ENVIRONMENTAL SERVICES MANAGER
CITY OF SANTA CLARITA
23920 VALENCIA BLVD,, SUITE 300
SANTA CLARITA, CA 91355
A
PATRICIA GATES, ESQ.
ROBERTA D. PERKINS, ESQ.
WEINBERG, ROGER & ROSENFELD
1001 MARINA VILLAGE PARKWAY,
SUITE 200
ALAMEDA, CA 94501
2
A PAUL SUPTON, HSQ.
OPrERATING ENGINEERS- UNION LOCAL 3,
AFL-CIO
1620'S LOOP ROAD
ALAMEDA, CA 94502
Executed on Februarli 8, 2006 at San Francisco,
California, I declare under penalty of perjury under the laws
of the State, of California. that the foregoing 1.9 true and
correct.
Karina Alexandru ..
3
No]
BACKGROUND & PROJECT SUMMARY
Q
The City presently has an effective street sweeping program that successfully satisfies
the City's standards and requirements.
Because of financial pressure the City is seeking an alternate source of a high quality
street sweeping service.
The City of Costa Mesa is seeking a full service Municipal Street Sweeping company
that can provide dependable, timely and high quality street sweeping services.
The City of Costa Mesa is a very high end community that values the cleanliness of
their City.
The City is seeking a company that will deliver high quality street sweeping service,
sweeping all streets weekly or bi-monthly.
The City is seeking a firm that will replicate the City's current program.
The City of Costa Mesa has established a minimum quality assurance that at least 90%
of all streets will be swept properly per year.
The City is seeking a qualified contractor that has a proven track record providing these
services to similar municipalities.
Objectives and Goals
CleanStreet will endeavor to replicate the City's current street sweeping program in all
respects.
We will seek to follow the same routes and sequence of sweeping the City presently
follows.
Our goal is to minimize disruption to residents caused by changes in the schedule that
are not necessary.
CleanStreet has tremendous experience adopting City operated sweeping programs
successfully.
Our goal is to eliminate complaints completely,
Our goal is to sweep at 100% of the effectiveness level,
(800) 225-7316 x108
aCleanStreet 1937 W. 169'" Street
Gardena, CA 90247
METHODOLOGY
� • �0
Detailed Project Schedule
Residential streets will be swept from 8:00 a.m. to 3:30 p.m. Monday through Friday.
Arterial streets will be swept from 11:00 p.m. to 6:00 a.m. Monday through Friday.
Parking lots will be swept in conjunction with routes.
200 curb miles of street sweeping per year will be provided upon request at no
additional cost.
250 curb miles of street sweeping required as a result of inclement weather will be
provided per year at no additional cost.
Supervision
We will assign your City to a regular supervisor. The supervisor will visit the City on a
daily basis during the first weeks of our operations. Once timings are set, the
supervisor will visit the City at least once per week on a monthly basis.
At least one time per month and more often if necessary, there will be a meeting
between representatives of CleanStreet and your City to assess performance and to
seek ways to improve service. We will provide truly monthly reports.
Our operators will check in with the designated city person on a daily basis to see if
there are any complaints. If there are complaints, we will go out and re -sweep them
immediately.
Operators
We will sweep our City utilizing operators that have been properly trained and that have
years of experience sweeping municipalities. We will make it clear to our operators that
we will expect completely clean streets, regardless of the number of passes the
sweeper must take to accomplish this.
We also believe that the operator is more highly motivated to do a good job the first time
if he knows he may have to come back again if he doesn't. Our operators take great
pride in not receiving any complaints and doing a good job the first time.
Quality Control
We will assure the quality of our services by utilizing the following methods:
All operators will be thoroughly trained.
(800) 225-7316 x108
uciewsbwt 1937 W. 169th Street
Clvoning Your Envb,aw m Gardena, CA 90247
METHODOLOGY
,.. EPP
All operators will be instructed to take additional passes whenever necessary to sweep
each street thoroughly.
All sweepers will be equipped with GPS monitoring equipment that we will monitor on
an ongoing basis.
Gilbert Perez will be available at all times to review and monitor the performance of our
operators.
Complaints will be investigated and re -swept immediately. This approach builds client
satisfaction.
Our operators are equipped with cell phones so we can be in contact with them at any
time.
We believe that we can eliminate complaints.
We also believe that we can achieve 100% effectiveness level.
Equipment
All sweepers will be late model Tymco 600 Air Sweepers. All sweepers will be
maintained in excellent operating conditions at all times.
All sweepers will be compliant with SCAQMD Rules 1186 and 1186.1
GPS
CleanStreet equips its trucks with Global Positioning Satellite (GPS) system. All of the
real -data is monitored by CleanStreet's dispatchers. This permits CleanStreet to
monitor the driver's speed, time and location. Authorized public works employees can
generate and print GPS reports at any time. Data is available for six months and can be
downloaded in Excel document.
Tasks for City Staff
We would like City staff to forward any complaints received to our office so we can take
immediate action.
City Yard
CleanStreet proposes to utilize City owned facilities such as parking spaces for the
sweepers, wash rack and restroom facilities. The lease would be for one year period
and renewed annually in concert with the Street Sweeping agreement.
(800) 225-7316 x108
UCIeanStmet 1937 W. 169th Street
cleaning Yow, Envinanmonc Gardena, CA 90247
0
METHODOLOGY ,
Leasing the City facilities would not affect our current pricing.
CleanStreet's use of the City facilities would be integrated and not interfere with the
City's use of these facilities. The City's employees would be given preference in the
use of the City's facilities over the employees of CleanStreet.
Besides monitory compensation for use of water and the facilities, CleanStreet could
share in the cleaning and disposal of the wash rack separator.
CleanStreet would provide insurance for operations conducted at the City yard or using
City equipment.
CleanStreet offers $1,000.00 per month for these privileges.
City Employees
We would be willing to meet with each displaced operator to discuss their employment
with CleanStreet. We value your employees. and we would be very willing to hire them if
we can come to an agreement on pay rates.
CleanStreet Innovations
CleanStreet is a pioneer of municipal contract street sweeping. We are the industry
leader.
Our innovations have improved the quality of services throughout the street sweeping
industry.
Quality Innovation
One of our most powerful innovations was to authorize our operators to take additional
passes if necessary to clean streets thoroughly.
While this increases our labor costs, it reduces or eliminates the complaints and the
time wasted by City staff responding to complaints.
Increasing our labor costs reduces profits but it also increases customer satisfaction
and loyalty.
This is why CleanStreet enjoys'a great reputation.
Operator Pride
Another innovation is our program to instill pride in our operators.
(800) 225-7316 x108
n0ewftwt 1937 W. 169th Street
Gardena, CA 90247
METHODOLOGY
Our operators are recognized and rewarded at our annual awards banquet for their
excellent performance. As a result of this we have a happy, motivated work force.
These are just a couple of examples of how we have brought quality and value to our
customers.
GPS Innovation
CleanStreet's innovative approach to providing the best possible service is enhanced by
the utilization of GPS technology for tracking its sweepers and monitoring the
performance of our sweeper operators.
CleanStreet is a pioneer in equipping sweepers with GPS systems. In addition to
tracking location and speed, our systems monitor gutter broom activity to display when
the sweeper is sweeping, and water system sensors to show when the sweeper sprayer
systems are activated. All of our customers have access to these systems and can
receive a daily GPS activity detail report via email or have their own account where they
can pull up their City sweeper and track all GPS data in real time,
Safety Innovation
CleanStreet has an enhanced Safety Program that incorporates the latest technology
with fundamental safety practices. Our operators know that each individual's
performance affects the entire Company and work as a team to provide the best
possible service while focusing on safety.
In addition to state of the art GPS systems, our sweepers are also equipped with a safe
driver system that monitors the performance of the driver to alert our Dispatchers of any
unsafe operation of our equipment. This system is called OnBoard Advisor and is
recognized by our insurance carrier, Liberty Mutual, as an excellent tool to enhance
safety and minimize insurance claims.
CleanStreet's safety program is complemented by the Company's safety committee,
where every incident is reviewed with the goal of preventing re -occurrence. The
committee's goal is to systematically improve the overall performance of the Company
through education and innovation.
UcleanStmet
cirt410.1(1 yo., F,ml I ... l" t
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
STAFFING
First Key Contact
The contract manager and key contract representative is Mr. Rick Anderson. Mr.
Anderson has been with the company since 1989, and has the experience, and
expertise to deal with any issue that might arise during the performance of this contract.
He has the authority to take whatever steps necessary to deliver high-quality service.
Mr. Anderson is responsible for all pricing and staffing decisions for the organization
and approach to this contract. He will be intimately involved in all aspects of the
implementation of this contract.
` erson, Director of Business Development
,yet Mr. Anderson is a graduate of USC and Southwestern University
t School of Law. He has been with the Company for 21 years and has
played an integral role in developing new business and overseeing
all facets of operations. Mr. Anderson's dedication to the Company
has helped fuel continual growth and diversification into new areas
t 14 �. which complement CleanStreet's primary role as a street sweeping
contractor.
Second Key Contact
Next in line, and supporting Mr. Anderson's management of this contract, is Mr. Andrew
Jacoby. Mr. Jacoby is the Operations Director for Human Resources Manager and Risk
Management for CleanStreet. He will be familiar with all aspects of the personnel
working within this contract.
Andrew Jacoby is the director of operations for CleanStreet and has
been with the company since 2003. Mr. Jacoby oversees the
Human Resources Department, and serves as the Company's risk
manager. He has been instrumental in developing a state-of-the-art
time and attendance system, in which data is transmitted through
handsets and reconciled by complex GPS tracking software
installed in CleanStreet's vehicles and handsets. Andrew is also
responsible for claims management and is the driving force behind
CleanStreet's constant emphasis on safety.
(800) 225-7316 x108
ECWWSU%t 1937 W. 169th Street
Cleaning Your Environment Gardena, CA 90247
STAFFING
Field Supervisor
Mr. Gilbert Perez is one of our Field Supervisors. Mr. Perez is excellent at working with
our employees. He will be in the City full time until we have completely implemented
our program.
l r,.
i �lf�: ;rG:�":i'!s:• E1 T;r }#f=:-.i:','f•�.1 �j ;sem-....
S, I
Gilbert Perez is a highly -skilled street sweeper operator who has
been with CleanStreet since 2005. Mr. Perez is also proficient in the
operation of other commercial vehicles, including those which
require a Class A license. Mr. Perez has had experience with many
facets of maintenance, including streets and parking structures, and
is experienced with janitorial maintenance as well. Mr. Perez
supervises street sweeper operators, porters, and pressure -washing
crews in the field. He is extremely dedicated to his job and works
tirelessly to ensure the highest quality of work.
Dispatch
Patty Madera is familiar with all aspects of street sweeping, and can handle all of your
calls with special requests or complaints.
She is calm and courteous, and capable of responding quickly and effectively to your
calls. Her communication skills are a major asset to CleanStreet, and will be to your
organization as well.
rPatty Madera, Dispatcher
Patty Madera joined CleanStreet in the latter part of 2007. She
offers a high degree of professionalism, solid business ethics, and
extensive computer skills. Ms. Madera is reliable and has a
positive attitude. She works effectively and with a sense of
urgency, and can quickly read, understand, and use street maps
and complex mapping software.
(800) 225-7316 x108
n0wnSuvet 1937 W. 169th Street
Cleaning Your EnWronmanc Gardena, CA 90247
1H3
QUALIFICATIONS
a
CleanStreet is a full service Municipal Street -Sweeping company. Street sweeping is
our core business. We have been providing municipalities service since 1973. We
currently serve over 50 municipalities.
We are expert in virtually all aspects of providing high quality municipal street services,
CleanStreet enjoys the best reputation for quality in the industry.
CleanStreet has a very successful training program.
CleanStreet employs over 80 highly skilled operators..
CleanStreet is expert at the repair and maintenance of street sweepers.
CleanStreet employs over 10 full time street sweeper mechanics.
CleanStreet has a "state of the art" repair and maintenance facility.
CleanStreet has experienced management personnel that are capable of resolving any
problem that arises.
CleanStreet owns and operates a large fleet of sweepers assuring our clients that we
have ample equipment for any and all eventualities.
CleanStreet specializes in providing high quality street sweeping services
n0eenStreet
Clenrlingt Your En—vniriunc
(800) 225-7316 x108
1937 W. 169th Street
Gardena, CA 90247
lq
PRICING PROPOSAL FORM
RFP NO. 15-010
STREET SWEEPING SERVICES
s
Provide hourly rates, along with estimated annual pricing in accordance with the'City's current
requirements, as set forth in section 3 Scope of Work. Also provide your firm's proposed Staffing
Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any
added value. S
1
Pricing shall remain firm for a minimuin of two (2) years. Any and all requests for pricing adjustments for
follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the
contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angles -Riverside -Orange County, CA, All Items, Not i
Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in i
the subsequent year. (This information may be found on the U.S, Department of Labor's website at
www.bls..ov.)
ROUTE:
1
Total Annual Cost
(Weekly)
Weekly Route 1 Total
(211 Curb &
Linear miles):
$ 175,661.72
Weekly Route 2 Total
(206 Curb 8
Linear Miles):
$ 172,499.12
Weekly Route 3 Total
(208 Curb &
Linear Miles);
$ 173,164.16
Weekly Route 4 Total
(214 Curb &
Linear Miles):
$ 178,275.00
Weekly Extra Sweeps/Call Outs (8.65
miles):
$ No Charge__
f
$ 699.600.00
Total Annual Cost
54
The Proposer agrees that for requested and/or required changes in the scope of work, including
additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance
with the following unit prices, where the City elects to use this method in deterwining costs.
Proposer is advised that the unit prices will enter into the determination of the contract award.
Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below
refer to all items installed and the Construction Documents and include all costs connected with
such items; including but not limited to, materials, labor, overhead, and profit for the Proposer.
The unit prices quoted by the Proposer shall be those unit prices that will be charged or credited
for labor and materials to be provided regardless of the total number units and/or amount of labor
required for added or deleted items of work.
All work shall be performed in accordance with the specifications.
WORD DESCRIPTION Unit Price
Cost Per Curb Mile $ 18.00
Hourly rate for special sweeps $ 90.00
Proposer's Initials
55
06
Proposal Amount
(Please Type or Print)
Total Proposal Amount:
• In written words Six hundred ninety-nine thousand six hundred dollars and no cents
• In figures $ 699.600.00
CONTRACTOR Lawfixl Name: CleanStr et _
Proposer's Name:. Rick Anderson Proposer's initials:._
PROPOSER License No.. N/A . ................ ..... _ _ Expiration: N/A
PROPOSER Ta oyer l;1.D. Number: ��4�Q8 _____
Signature: Date: December 2, 2014
PROPOSER Address: 1937 W. 169th Street, CA 90247
Telephone Number: f. 80_0 225-7316 x108
Fax Number: (_310_) 538-8015
24 -Hour Emergency Contacts:
_Patty Madera _ TelephoneNo.: ( 310 ) 415-0627
Name
Rick Anderson
Name
Andrew Jacoby
Name
56
Telephone No.: ( 310 ) 740-1601
Telephone No.:( 310 ) 740-1650
. xlq--
Proposer's Initials
a
I
A
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currentlyhold
positions as elected or appointed officials, directors, officers, or employees of a govenugental
entity or held such positions in the past twelve months. List below or state "None."
None