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HomeMy WebLinkAbout11. OB-1 - SECOND AMENDMENT TO THE AGREEMENT WITH CLEANSTREET1 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 2, 2018 ITEM NUMBER: OB-1 SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH CLEANSTREET FOR STREET SWEEPING SERVICES DATE: DECEMBER 14, 2017 FROM: PUBLIC SERVICES DEPARTMENT \ MAINTENANCE SERVICES DIVISION PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BRUCE LINDEMANN, MAINTENANCE SUPERINTENDENT (714) 327-7470 RECOMMENDATIONS 1) Approve the Second Amendment (Attachment 1) to the Maintenance Agreement with CleanStreet, 1937 W. 169th Street, Gardena, CA 90247, to increase the annual amount of the contract by 2.6 percent ($18,190.00) for residential, collector, and arterial street sweeping City-wide, based on the Consumer Price Index. 2) Authorize the City Manager to execute the Amendment. BACKGROUND This item was originally presented to the City Council at the regular meeting on December 5, 2017. The City Council, following discussion on this item and requesting additional information, continued this to the January 2, 2018, meeting. The City of Costa Mesa entered into a five (5) year agreement with CleanStreet for comprehensive residential, collector, and arterial street sweeping services on March 16th, 2015 (Attachment 2). The terms of the agreement established costs for all street sweeping services required by the City. CleanStreet, as permitted by their cost proposal, requested a Consumer Price Index increase of 2.6% for the 2017-2018 Fiscal Year (Attachment 3). If approved, the annual compensation will be increased by $18,190. This will affect the total price of the contract and the unit price structure reflecting the incorporation of the increase into each of the unit costs. ANALYSIS CleanStreet’s cost proposal, as incorporated in the approved Professional Services Agreement, allows for the contractor to annually request an increase in the contract price to adjust for changes in the Consumer Price Index (CPI). The CPI for the past year is 2.6%. CleanStreet has requested the total price of the contract and the unit cost schedule be increased by 2.6% to reflect the CPI increase. The work performed by CleanStreet is invoiced based on the unit (per mile) costs and is limited by the contract amount. 2 ALTERNATIVES CONSIDERED The CPI price increase is included in the approved cost proposal. No alternatives were considered. FISCAL REVIEW If approved, the CPI increase of 2.6% will result in an increase in the cost of the street sweeping contract in the amount of $18,190.00. The current annual contract amount is $699,600.00. The total for the contract with the CPI increase will be $717,790.00. Funding for the requested CPI increase was included in the adopted FY 2017-18 Public Services Department budget. LEGAL REVIEW The City Attorney has reviewed the Second Amendment and approved it as to form. CONCLUSION CleanStreet is the City’s provider for residential, collector, and arterial street sweeping services. Per the terms of the approved cost proposal, an increase in the annual contract based on the Consumer Price Index is allowed. The requested 2.6% increase in the contract is consistent with the published CPI for Orange County and is recommended to be approved. _________________________ ____________________________ RAJA SETHURAMAN BRUCE LINDEMANN Public Services Director Maintenance Superintendent ATTACHMENTS: 1. 2. 3. Amendment No. 2 to Agreement with CleanStreet Agreement with CleanStreet Consultants Proposal DISTRIBUTION: City Manager Assistant City Manager City Attorney Interim Finance Director City Clerk Staff File ATTACHMENT #1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CLEANSTREET This Second Amendment ("Amendment") is made and entered into this 21st day of November, 2017 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and CLEANSTREET, a California corporation ("Consultant"). WHEREAS, City and Consultant entered into an agreement on March 1, 2015 for Consultant to provide street sweeping services (the "Agreement"); and WHEREAS, on June 15, 2015, City and Consultant amended the Agreement to permit Consultant to lease space at City's Corporation Yard to store equipment used in connection with Consultant's services; and WHEREAS, City and Consultant now desire to amend the Agreement to permit annual adjustments to Consultant's compensation based on Consumer Price Index ("CPI") data for the Los Angeles -Riverside -Orange County area; and WHEREAS, Consultant requested an increase of 2.6 percent (2.6%) based upon the CPI increase from March 2016 to March 2017; and WHEREAS, City and Consultant desire to increase Consultant's maximum annual compensation accordingly by Eighteen Thousand One Hundred Ninety Dollars ($18,190.00), to Seven Hundred Seventeen Thousand Seven Hundred Ninety Dollars ($717,790.00). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Rev. 11-16 Section 2.1 of the Agreement is hereby deleted in its entirety and replaced as follows: Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "B" (the "Fee Schedule"). Consultant's total annual compensation for the first two years of this Agreement shall not exceed Six Hundred Ninety -Nine Thousand Six Hundred Dollars ($699,600.00). Thereafter, the annual compensation may be increased or decreased on an annual basis using the Consumer Price Index for All Urban Consumers for the Los Angeles — Riverside — Orange County area ("CPI -U"), based on an increase or decrease to the CPI -U for the twelve (12) month period preceding the anniversary date of this Agreement. Consultant may request an increase in the annual compensation based on an increase in the CPI -U following each anniversary date during the term of this Agreement by submitting a written request to City that includes documentation evidencing the increase ("Request for Increase"). If there is a decrease in the CPI - U, then City may provide Consultant with written notice of such decrease and documentation evidencing the decrease ("Notice of Decrease"). Following a Request for increase or Notice of Decrease, the parties Will enTar into an amendment to this Agreement reflecting the adjustment to the total annual compensation. No adjustment to the annual compensation will be retroactive. CleanStreet Second Amendment 0 2. Consultant's maximum annual compensation shall be increased by Eighteen Thousand One Hundred Ninety Dollars ($18,190.00), to Seven Hundred Seventeen Thousand Seven Hundred Ninety Dollars ($717,790.00). 3. All terms not defined herein shall have the same meaning and use as set forth in the Agreement. 4. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above. CITY OF COSTA MESA Date: City Manager CONSULTANT Date: Signature Name and Title ATTEST: City Clerk APPROVED AS TO FORM: Date: City Attorney APPROVED AS TO INSURANCE: Date: Risk Management 2 CleanStreet Second Amendment Rev. 11-16 APPROVED AS TO CONTENT: Date: Project Manager DEPARTMENTALAPPROVAL Date: Public Services Director APPROVED AS TO PURCHASING: Date: Interim Finance Director 3 CleanStreet Second Amendment 5 Rev. 11-16 s , ' ATTACHMENT #2 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 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'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 1.1 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. 1.6. 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. 2.4. 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. 2cleanstreef PSA 7 r 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 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 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 3cleanstreet PSA 0 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 used by the Consultant; automobiles owned, leased, hired, or borrowed by 4CIesnStreet PSA V — !'u'�.Lra�,un.a:..:.:.�-fir...:iso.,.M;iL';�.�S�.va+m:aa�wuT",a�w',xze?'u"ss.,rra�`.+�+e:�z+rca.� 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 Agreement. 5CIeanStreet PSA 10 � ,.,..» -..... •LL..:s^—"^ r:z'k'iiB:uL'Va�ak`i.Sed:vi�.:s:u....b-%�.a.�._�,.Sw�... •:i^ rr'-.ar,,.Gie_ M � � �.:.�...su....s...:.. _." � C»:4..si'- �^az':uL�llu�.:...::.^w".a....7.o..L:K:.�."yd:k.w..dt'.::'�i� 1.i ^ v— 6.3. Proiect 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. 169'" Street Gardena, CA 90247 Tel: (800) 225-7316 ext. 108 Fax: (310) 538-8015 Attn: Rick Anderson IF TO CITY: 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 6CIeanStreet PSA 1 1 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. 7cleanStreet PSA 1, 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 of 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 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 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 13 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. 6.24. 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 9CleanStreet PSA 14 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 Piief xediti'�e Olftber CONSULTANT /Q,—tur Name and Title qcs---ILL-1 > Social Security or Taxpa-�A yer ID Number ATTEST: City Clerk and ex- fficio Clerk of the City of Costa Mesa APPROVE r�'� FO City Atforn Date: Date: r APPR ED AS TO SURANCE: ,7---.-. -` Date: 7i t 1 Ris nagement DEPARTME TAL A ROYAL Public Seniice� ector Date:• 10cfeenStreet PSA t 15 EXH I BIT A REQUEST FOR PROPOSALS 1101eanStreet PSA 16 REQUEST FOR PROPOSAL FOR Street Sweepixn„ Services ].2FF I5-010 Public Ser rices Depnrtrraerrt CITY OF COSTA NJ -ESA. Released on November 13, 2414 REQUEST FOR PROPOSAL RFP NO. 15-010 STREET SWEEPING SERVICES .hear Proposers: The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals from a quaJified 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 20142015. 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 Courity, 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 , d 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 ShoppLng 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 'vVeb Proposals are Due Interview (if held) Approval of Contract November 13, 2414 November 17, 2014 at 1.1:00 a.m. November 11, 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 18 Pre -Proposal Conference: A MANDATORY pre -proposal conference will be held on .?x.zxfz in Conference Room 1A 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 steuha nie. uru eta(i�costamesaca. sov. 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 sheep each improved street, alley, public parldng lot in the City on a frequency as specked in this scope of work and dispose of collected debris to a legal manner. It is posszble for a Proposer to use the City's facilities to store its street sweepers used for this operation. lVaturally any arrangement will involve the payment to City for the lease ofsuch 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 Parldng 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 e. Curb-to-a-trb — area within the curb limits of the street including nieclians, 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, i ubbish, leaves, sand, dirt, garbage, and other foreign material g. Street — all paved dedicated public rights-of-way within :the existing or future corporate limits of the City h. Re -sweep — sweep required when previous sweeps ars deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation 0 19 i. Special Sweep — sweep involving unusual conditions such as traffic hazards, parades, and similar events billed at an hourly rate including travel time. If appropriate, prior approval from Street Superintendent, Traffic Operations Supervisor or other assigned agent. 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. 'I'ho Proposer is required to sweep City owned parking lots, including those for City facilities, parks and parking distticts, 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. R 20 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 perfonxn 200 curb miles of special sweeping requests in support of City events for each contract year at the request of the City. These swoops 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 property 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, hi 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 limited 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 fie 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 th=ree (3) additional one (1) year terns 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 ead of the initial term or any extei_ded 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 reasoriable period of time, on a month to month basis, under the same terms, u ntit a new Agreement is awarded. (t) 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. 0 21 Any specific problem area which does not meet the conditions of the specifcations 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 ul 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 worlananship, 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) Corre§pondence 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 arty 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 successful Proposer shall contact the Mesa Water District and the Irvine Rauch 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) Disposal 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, regalations, or other applicable statutes. The City of Costa Mesa assunscs 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, excerpt 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 andprovide the City with names raid telephone numbers of emergency contact employees. 7 f u 22' The Proposer shall complete a monthly maintenance report indicating work performed and subrnit this completed report to the City Representative. This report should also contain a description of woAc 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 equfipmerlt to said emergency within thirty (30) minutes from receiving notification. Failure to do so will result in a penalty of $200 per occurrence. (n) Proposer 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 tclephone answering service shall be utilized and the answering service shall be capable of contacting the Proposer by radio or pager,. Proposer sball 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 no '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 determined by what percentage of the route is missed on an annual basis, for any reason. An overall annual efaectiveness rating of less than 90%o for any route is considered unacceptable and may result in non -renewal of the contract or a reduction in payment. i 23 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 weep prior to the effective date of the cor_tract. Thereafter, it shall be submitted monthly or-, 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 perforin an item of work on a schedWed 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 DuringInclement Weather 1. During the periods whexx inclement weather or Santa Ana wind conditions prevents norinal 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 cis y the work actually accomplished. 3. The Proposer shall immediately notify the City Representative, Traffic Operations Supervisor or other assigned agent wizen the work force has been removed from the job site due to inclement weather or other reasons. 9 24 Attachment A STREET SWEEPING- ROUTE MAPS 10 3 I 25 a °gid°z�o� O e r ��3W`{tip �iT �j y$y$FLL•�C�FI Qlp vA» gtl'm No '1 IN CC�$mK4IN pil 4v{ i T �`Xl d� \ � V 1 •W ..rte 10 r� iib P`�i y DEL MAR G r yam Nsr VANGOA"% S k I.. x]fN r Jact r0 / VQ NIIC,NIA �'P° O�S� r�bryol .. <hitipz < 21ST Alp yc�y�� yrO• ' � •. Qr� �G� STR � � K o;.. ooh { ¢ - C� ram 2 RMNPO o g lel a 1,oN . tee, rs.o� 4a aF acoria o '�� -' - �•r� .'"Y! `fid' d, d bt Dori ti� t'17H OR a¢v'TN OHIO 26 SWEPT BEFORE 6AM ATONOAY ROUTEZ 'Qig IX1n O0200.10W :YWi42a32 CNSIQNFR ll I a" PONE? p0.Ofn Fli TC 60NDRA id AlOTHER M�� •s+.-.-*-st SWEPT ONLY ON STREET SIDE N07ED DMbilISulON NS HnILIS�yF Mr"M7aL:76 L�si!LE yPJ, pgpp_tOpO WS 1^.EROOYAFi2DM 3�1.i(".JiTO EL MINC ti 1 P� l 1 �f'(S 1 � O�OOP ely� I PC IU P� r 71 -ADAMS E Q�FG� QO��i .�' Oj, �5c Nt�1PORi SR -55 SUPERIOR A g e g Q a �yC d ORANGE > �j N�ti'eo w SANTA ANA 1 v 'fU5[1N _ _ o f: y ti r x s g iR ANE N ROUTE 2 LEGEND SWEPT B --ORE 6AM POSTED ALL OTHER STREETS SWUIT ONLY ON STPEET SIDE NOTED MFDV-.N AT CFNTER OWL" TUESDAY ROUTES ORMOMMNDOZATOLASALL2M- SIS ES T RE 0800-0900 ISISALBANY OPM-0900 ps coauDGE FROM HAxzR TO PAuLARfMO 0800.ID00 rJAI FMCIA FROM MENDOZA70 LA lop OX EVRORT SR -55 SUM= A ORANGE REDHILL SANTA ANA TUS-PN sk m IRVINE II LEGEND SWLTT [iEFDFY SAM t TUESDAY ROUT= -4 07000600 W. 18TH STREET FIIOM g . MONROVIX9POSTED C 11.9L P0L ALL OTHER STP€ETS, �Pr 040MOD W 17TH ST. FROM MONROVIATO WH(TTIER SWEPT ONLY ON STREET SIDE 110 -MCD 'S� 05000700 FARAD FROM POMONA TO END 'P 05000700 E/SP0MONA-R-5A417THTOIShi 00060700 FIG VATFTIER FROM 10TH TO t8T1i 1 050%-0703 OHMS FROM FARAD TO 0500-0700 1fiT102 FROM 17TH SO TO END 08861000 CANYON FROM SEA13LUFFT0 GLEN CIR 00061000 GLEN CIR FROM CANYON TO END 1 08061000 GROVE PL FROM P_EPUBLIC TOS At h 041000 MONROIAA FROM OAK TOVICTORIA 0800.1000 SEA BLUFF DR FROM CANYON M 70 GLEN EAGLES TERRACE 0600.1006 '-1CTORLA FRONTAGE RD. SIS -WEo ND CVL OESAC DEW-100E—ElS P.N.4fiETM FROM'ISTH TO SUPERIOR A C� 1 00061100 RU-UUJG FROM OAK SOUTH 0600.1loo F®FRAC FROM CTORIAFl{DNTAaE TOBARRICAD 0900.1100 WF4TTIER FROM 19TH S 17 ARBOR l^S' OWD-1200 W. 59TH StRFFT FROM Fff5ERAL TO PARK CREST 09061300 FEDERALfkOM OAK TO BARWCAOE �a /\ 10061300 WIS MONROVIA FROM 19TH TO 16TH 10064WO POMONNFROMi TO 16TH 1000-1300 ANAHEIM. FROM LOTH 7016TH n TWN1300 C _R FROM ANN-FJMTO POMONA - •9 8 F y 10064300 Ws CENTER FROM PLACEN TO POMONA CAS •^aa \ a ,n 1000-1300 VC T -T FL PLACEMIA TO WALLACE 1000-1300 W9 ''iII2 FROM PLACFNTIATO MONROVIA 400%-4?00 TOWNS FROM PLACFNiW tO Mol'Roym IP 10061500 M riA EFROM I9 H. 16TH � 4y, s 10061300 SFPW�FROM POMOUATO M 'r 0900-1100 ZOM Fi3%�DMATTO CONUNENTAL rr ' No of� \4��4 hl a ORANGE t1 � RmHtLI S 1�� . �A ANA y �P y�, �i, ��• 1 1 fl Tu N REMSION DATE 11F- _ l SUPER OR IR>nNE: ROUTE 4 rn rnm r 3Z N a o � r A I Mal I, SVVEPPOSTED RE oALt TUESDAY ROUTES �y 7R'cCf5 12 AL iOVER,06:,, J S(^u —;JANM� n -- c S}YEPT ONLY ON S RM7 SIP= NOTED 1200-1-000 NtV CARAWAY OR � �l 320o-1400 1WSGItlGEf 1 AGF 1200,1400 IMS 34ACE 1 1200.1400 "WINTERGRE'EN 1200.140D W15CINNAI.014 12m, 400 e s coi;,+L 1200-f46e WS CASSIA �,�� •_, �,: .sem �t r,���s � 4 SUPERIOR W ORANGE SANTA ANd! � TIISTN 2 IRVINE nEv80RT $ 9 In / zol %,a o" Ell �fRE ILL n SDAY ROUTE. t 0600-1000 VAS COLLEf..EFROMWIISM MUCTORIA 0600.100 RU7GrRS FROM WNL60N70 AVO 'DO j E0800.1000 AVAION FROM WILSO 77 AV Af0 nS00.1IX10 s1SAVOCADOFROM T FA1fMEW cep 0900-10nn I Els THU121N FROM BwYTn 1Ac70R 1 808.'7( P.AICAMPL. IMM HAMILTON FROM THIIRIN TO WA BQR 'I 080 -Imo RAY F�oM THLIRINTO HARBOR t000-T9f1U HAMILTON FR0A4 HAP.ROR TO PLACgWJA �I1000.1300 PGMONA FROM VICTORIA T( II.TO 11w0.130 W �. WO HAM fTnN C A S ROUTE 5 LECIEND SNr'T BEFORE 13AM POSTED ALL OTHER STREETS S%TPT ONLY ON STREEl S1DZ NOTED SUPEYJOR I j o a y�� o 1 G„F a 0 o ° a u i� ii t t Q. y� f �Gi -•.. I �q l �j� i � ] ORAN �.jJ' � PEDHILL [TA ANA a�\P o�� }?vp �L IR�nrr•_ iCAUAt . • . ,� <Z 'U - : I-- �%%, ' to �.° :c MAUI �1�SA TIMOR W7 ROUTE 6_] SWLTT DEFDRE SAM , =iy w€nro-sppV ROU7E7 PC= L ALL OTHER STREMy 0600-0779 VW73 WHITIlER FROM 13TH 7079TH R SWEPT 014LY ON STRf SIDE N07D PTy "u I000 OC-Lec±ar-!s 1 fj 0806.7000 V= PON NA FP.OM I7TH T01SRL. `p 9800-1000 Fis WALLACE FROM I8IHT019TN 900-IDOD WlSW11LACEFROM TO:IV{L.1NK L D800.700D NIS. LS FROM WALACETO POMONA pC�9 0600-100D Nl5 PLFROM ANAI'{°IN! POMONA �-L�'• 000 1000 EIS MONROVIA FROM 18TH. IS 9800-1000 SPS CLNLOt FROM PLACRJP.A TO MONROVIA 09571000 AY3CO3fiER FROM P0MONA�MM 08004000 &Sl8 M PLACT-NDA TO POMONA 0060-1100 ALLS AVE PROM l0TH5T,T0 GAMBRIDGECIR. 0066-71o0 IMINISTER FROM OGLE TO SPARKS 0000-1100 OGLEFROMNJSO IOIRViNF 0000-1100 OGLE F�iD_M OFLWGE TO SAN!A iJyC 09OD-1100 16TH PPL FROM ORAN(1ET0 SANIAANA 9&OR11oo NISE1:'i11 ST. FROM TUSTIN 70 RFDLAWS rSj 'p woo'li0D E 10TH ST FROM NIFINPORT TO TUSTIN x' 0900.1700 LA PERLE LN. FROM JUSTIN TO LA PBRLE PL ,�P U 09064100 5AWAAMk FROMEi ST 70 77iTi ST_ 0900.1100 PAOAQ2FROMORANGETOSANT aNA ,�' �, `rp 7000.12W NISEiSRi FROM ORANGEIU,9ANTAARA C 90 v� �'�. F. 1706-7300 VYYSA FROM ISTHTO SLPERIOR G�� • 9� 9C h y��' 1100-7300 W 1. WALV+Cr ROM 19TH TO Li±±MILTON A tin0.1300 5✓u W20TF1 FROM PLACENl7ATO OMONA CAN v 4100.1300 N5 Y8ili FROM PLli0ENT1A TO POMONA i t1001300 NSW_ FROM FROM MONROVIA TO SCHOOL PF �iq OG PROPERTY UNE 7100.7300 ARNOLD FROM ciO BEACf1 1100-7300 FTS MEYE FROM W 19TH ST TO FLAMII TON TO S Z✓� �4, ATa �,� ., y ,,g�' y �P c�i• 9 to .. N RT ± N' I -o xoLazs; ' SR-55 ti3-P x t J z _V/ESTaEINSTER SUPe310R ORANGE Zp i,.,.--.:.-_'_ SANTA ANA 1 REDHILL E 1 lr9r?�Tl� I�.AN �tu:anuia? ml y E L 1 SANSAVIERSICA ANA I. y c a06Lu,I¢ LamL--; u5 IN gg `n m O'er ,ugRS .ID j kinAyON DATE 70—^ 1 > a = 4 R IRVINE IRVINE Ti N ..---al....... ROUTE 7 ui o �I y W 1100 SeADIT BEFORE 6AM POSTED ALL OTHER MEETS SWU�T ONLY ON STREET SIDE kroTFD S,-. MmIAN ONor 'SENIOR CENTER* TWICE A MONTH SWEEP PARKING LOT AT 6:45 AM ORANCE C) LI C m OZ m 'b' Q GARDE RAYMOND >i TUSTN ALISO PALOIAA ALJSO-:/ IRVINE A/ IRVINE nti YEWPOeT si p �-5- ROUTE 8 W �P SVcFPT BEFORE 6AM l y9� POSTED ALL OTHER STREETS , "Yn ��f- THURSDAY 0100-0300FORO ROUIETO RD. SROM HARBOR TO PARS MS '^��y—�+�• SWEPT MY ON STREET 51'1E NOTED s oxo MEDIAN AT CMTER ONLY G+p- 0200.04D0 1020LL04B0_ _ELM FROM HN2BOR TO LEMON PONDEROSA MC HARBOR I'O LDAO 1 000o -W00 _ VU -Ar WAYFROM HAFrMtTO COLLEGE � t MESA c '1 G m tri 9 T P 40 ya r oa�os QL � v A dd � NC:YPORT SR -55 SUPERIOR ' ff-( ORANP,f_ RFDHILL o V. ' SANTA ANA -+ y m a ¢,. - o—as-I r 1RVWE I ROUTE UlI r / V LEGEND 511fEP7 BEFORE SAM POSTED ALL OTHER STREETS sWEPT ON! Y ON STREET SIDE NOTED 7/S MEDIAN ONLY IRVINE df. ROUTE 111 ze, ya may ,PBP ENCS T, NEWPORT 0 V, i JD NEMPORT .0 I'l i .QRAN E I----------- 0ti fl NOrFAIRWAY k CARLTCR 'WESWINsTER Ji :MAH RIIE DE CANNES ol C) 5 r - Lo a 5 DAMS , ul MONACO ROUTE 111 LECE-ND SWEPT SEFORE 6AM POSTED ALL OTHER SI RMS SWPP—j ONLY ON STREET SIDE NOTED MEDIAN ONLY NOTE: SVFAt-LEY BEHIND BAKER OFF McCLUMCK FIRST THIIRMAY OF MONTH CEI Mhl 11.00-12DO. SUPFWR IRVsNF —1 M I of 11 REDHILL JRSaAY ROME12 cfD Or 2 qz; NEvvVoRT ROUTE 12 � 34 NEWOPT A. ORANGE SWEPT BEFORE SAM SANTA AN, POSTED ALL OTHER STREETS SWEPT ONLY ON TUSTIN > STREET SIDE 1401W IRVINE ROUTE 13 u F SWEPT 8 -`EDRF oAb[ POS A O ! iR STREETS ; -r-a+-.-a-M- SWEPT ONLY ON STREET SIDE NOTED ` 1 1 MESA,_,. s cT j g��Y \92Tp pal -P � Pct ♦£fie \ �P`t` NEWPORT \ e• i Pcnun I d VANE W ALL STRFETS CURBS AND CEN IE16 (MEDIANS) UNLESS DIRECTION AND STREET NAME HERE OTIifftWlSL NOTED WEDl7ESDAY ROUTE14 0000-()200 I GRACE LN_ FROM BAICR TO ENO R _ 0000-0200 RANDOLPH AV. BETWEEN BMERAD BRISTOL FtfTt3PR15Ea'T.BETWEIEN BAI(ER AND PPULARINO na00-0200 c FROM OAKCRTO END 0000-0200 5 CAA T of RAN]OLP}i I ROUTE 141 mss-- SWEPT BF,FOR< SAM POSYEO ALL OTHER STREETS m o ® SWEPT ONi.Y AT CUMS SWEPT ONLY ON STREET S' ME NOTED MEdUN AND CURBS SUPERIOR 69. IRVINE PEKPORT ROUTE 15 fF N7 SWEPT BEFORE 61-lA POSTED ALL OTHER STREETS •i—r:- -a-�a- SVr.PT ONLY ON STRET STDF kOTED m z MEDIAN AT CENTER ONLY iSUFZRIOR IRVINE NEWPORT 1 1 1 5 1 i I s 1 i FMDAY ROUTE16 iMoo-1000 F15 FETU=M PLACE FROM KARMRTO ADM]la osot}�au1 BAXER FROFA ROYAL PADA TO IAF3RP.DORIAMOROs r 0730aowo 1 WREN Cpl 0800-1000 I BAKFR FROM MESA V6RDET0 2YLDN' x `���. :m• \cl �t • .. �'� � :>s''� e�� � �-rte � 1�OLF COURSE ROUTE 161 Attachment B PARHING RES'T'RICTION LOCATIONS 91 42 MAINTENANCE SERVICES DIVISION STREET SWEEPING ROUTES SWEEPING HOURS ARE LISTED ONLY IF THE STREET IS POSTED FOR "NO PARKING" FOR STREET SWEEPING INFORMATION CONTACTTRAFFIC OPERATIONS (714) 327-7470 E.15th Street Wednesda 09CO.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 Placentla 17th Place Wednesday 1000-1300 _ From Santa Ana to Raymond E, 17th Street Tuesday Early Shift From Newport to Irvine W. 17th Street Tuesday Earl Shift From Superior to Monrovia Tuesda 0400-0600 From Monrovla to Whittier E, 18th Street Wednesday From Irvine to Orange Wednesday 0800-1000 From Santa Ana toTustln Wednesday 0900-1100 North side from Oran a to Newport Thursday 1100-1300 South side from Newport to Orange W, 18th Street Wednesday From Newport to Analielm Wednesday 1100.1300 North side from Anaheim to Placentia Wednesday WCO-1000 South side from Placentia to Anaheim Wednesday 11CO-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 Wednesd 1030-1300 From Orange to Santa Ana Wednesday OBOM930 From Santa Ana to Irvine W. 19th Street Thursday Earl 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 1.100.1300 South side from Newport to Orange W. 20th Street Tuesday 1000A400 North side from Placentia to Pomona �.... Wednesday 11CO-1300 South sloe from Placentia to Pomona Tuesday 09CO-1100 From Federal to Continental Tuesday From Continental to West end 21st Stroe't Wednesday From Newport to Tustin Wednesday 0800.1000 From Santa Ana Ave to Tustin BOTH SIDES 22nd Street Wednesday South side. from Newport to Santa Ana• Thursday 0800-1000 North side from Santa Ana to Newport 23rd Street Tharstlay Newport to Santa Ana 24th Place Thursday Abbie Way a Adams Avenue Harbor to Fairview VFrld4y 1100-1300 North side from Fairview to Pinecreek Santa Ana River to Harbor Alr art Loo Drive y Earl Shift Airway Avenue Early Shift Alabama Clrcfe Friday Alamo Lane Monday Adaska Avenue Friday Albatross Drive Friday- Albany5treet Monday 1100.1400 Northside 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 43 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 Anna oils street Monda 1100.1.300 (West of Harding 100 feet Anton Boulevard Wednesday EarIvShlft Anza Lane Monday Arbor Street Tuesday Arlington Drive Tuesday EarlyShtft Arizona Lane Friday Arnold Avenue Wednesday 1100-1300 Both dlrecticns Arthur Avenue Monday Aster Place Wednesday Atlanta Way Monda Augusta Street Monday Austin Street Monday Avalon Street Tuesday 0800.1000 From Wilson to Avocado Thursday From Wesson to Joann Avenue of the Arts Wednesday Aviemore Terrace Tuesday Avocado Street Tuesday 0800.1000 South side Thursday 1100.1300 North side A on Circle Tuesday Azalea Drive Monday 0800.1200 Babb Street Monday Frcm Baker to Paularino (Thursday From Baker to Post Babcock Street (Tuesda Bahama Place Friday Baker Street Friday From Royal Palm to Labrador/Andros Frlda 0800.1QOG From Mesa Verde to Ceylon Friday ICeylon to Samar NOT POSTED) Monday From Flarborto Fairview Monday 1100-1300 South slde from Collega to McClintock Wednesday From Falrilew to Alrway Balearic Drive Tuesday From Boa Vista to Suva Friday From Boa Vista to Europa Ball Circle Friday Ballow Line Monday Balmoral Puce Tuesday Baltra Place friday Barbados Place Friday E•. Bay Street Wednesday 0800-1000 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 POSTEDL— Thursday 1100-1300 South side from Newport to Fullerton W. Bay Street Tuesda 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 Begonla Avenue Monday 0800-12C0 Belfast Awnue Monday 1100-1.300 Bermuda Delve Friday Bernard Street Tuesday 080C-1000 From Harbor to East and Tuesday 0900-1100 From Harbprto Maple Bimini Place Friday Bismark. Way Monday Bluebird Circle Friday Boa Vista Orcle Friday Baa Vista Drive Friday 44 Boise Way Monda Bonnie Place Thursday Boston Way Monday Bowdoln Place Thursday Bowling Green Thursday Bray Lane Monday Brentwood Placa Thursday Briggs Avenue Wednesday Bristol Street Tuesday From Baker South to CI ilrnits Wednesday From B aker North to Sunflower Broadway Wednesday From NewporttoTustln NOT POSTED) Wednesday 0900-1100 From Tustin to Irvine Buchannan Way Monday Bucknell Road Thursday Bunting. Circle Friday Bucy Street Wednesday Cabrillo Street Wednesday 0930-1130 From Tustin to Irvine Wednesday (REST OF STREET 15 NOT POSTED) Cadillac Avenue Thursday Early Shift California Street Friday Calvert Avenge Friday Cambridge Circle Wednesday Camellia Lane Wednesday Canadian Drive Thursdayj Canary Drive Friday Cannonade Circle Monday Canyon Drive Tuesday 0400-0600 From Victoria to Glen Circle TLlesda 0800-1000 From Victoria North to end Tuesday 0800-1000 From Glea Circle to Sea Bluff Tuesday 0800-1000 From FalrvlewParttoWilson Westside) Thursday 1100-1300 From Wllsonto en'd(East aide) Cape Verde Place Frida' N, Capella CourtFriday i S, Caneila Court Friday Cap}tal Street Tuesday 1000.1400 From Pomona to end (REST OF STREET IS NOT POSTED Capri Circle Tuesda Capri Lane Tuesday Caraway Drive Tuesday 1200-1400 North side Friday 1COO-1200 North side Cardinal Drive Friday Carlton Place Thursday Carmel Drive Monday _ 0800-1200 Carnation Avenue Manday 0800-1200 Carnegie Avenue Thursday Carson Street Monday Cassia Avenue Tuesday 1200-1400 West side Friday 3.000.1200 East side Catherine Place Thursday Cecil Place Thursday Cedar Place Tuesday Center Street Tuesday 1000-1300 From Pomona to Placentia Tuesday 1000-11,00 South side from Pomona to Anaheim Tuesday 1000-1300 North side from Placentla to Monrovia Wednesday 0800-1000 South side from Monrovia to Placentia Wednesday 0800.1.GOC North side from Pomona to Anahelm Century Place Wednesday 2400.0200 Ceylon Drive Friday Ceylon Road Fr[day Charle Drive Tuesday From Wilson to end (NOT POSTED) _. _ Charle Sirect Tuesda 0900-1900 From Hamilton to Bernard Charleston Street Monday Chestnut Avenue Friday Cheyenne Street Monday Chios Road Friday Church Street Wednesday 0900-1100 45 Churchill Court Wednesday Cibola Avenue - Monday Cinnamon Avenue Tuesday 1200-1400 Westside F 1000-1200 Eastside Clearbrook Lane Thursday Cleveland avenue Monday Clinton Street Wednesday Clubhouse Circie Tuesday Clubhouse Road Tuesday From Mesa Verde to north end (NOT POSTEDt Tuesday 1100-1300 From Pitcalrn to Timor Friday From Mesa Verde to Timor (NOT POSTED Club Mesa Drive Thursday 08OC-1000 Colby Place Thursda Colgate Drive Thursda 0a00-1000 College Avenue Monday From Village Way to YVatson (NOT POSTED) Monday 1100-1300 From Watson toGarlingford Tuesday I 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 Co11e�a. )rive 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 Loyoldto Hanover (NOT POSTED) Wednesday 0700-0800 Westside from Loyola to Tulare Concord Street Monday Can ess Street ITjesda�� 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 Strcct Monday From Warren to Fairview (NOT POSTED) Monday. 1100.1300 =rom Klllybrcolce to Warren Coolidge Avenue Monday, 1100-1400 West side from Baker to Pacularino Monday 1200.140C West side from Austin to Pauiarino Monday From Austin to Charleston (NOT POSTED) Tuesda 800-0900 Eastside from Baker to Paularino Coral Avenue Tuesday 200.1400 1,1000-1200 Eastside Friday 000-1200 West side Corlander Drive Tuesday 200-1X00 _ South side Friday North side Cork Lane Monday Cornell Drive. Thursday Corona Lana Monday Coronado Drive IMOnd3y Corsica Place lFrIday Cortez Street Monday Corvo Place lWednesday Costa ^Aesa Street Wednesday Cottage Nace Wednesday CountryCiub Friday Cove Street Tuesday 4 Crestmont Place Wednesday Crocus Circle Monday 0800-1200 Croftdon Street Thursday Cyndila Court Thursday Dahlia Avenue Monday 0800-1200 Dalmla Avenue Friday Dale Way Monday Damascus Circle _ Monday _ 0800.1200 Darrell Street Tuesday 1100-136Q 15outh side from Pomona to Meyer Tuesday From Republic to Federal (NOT POSTED) Thursday 1100 1300 North side from Meyer to Pomona Dartmouth Place Thursday 0800.1000 46 Date Place Thursday Davis Place Thursday 0800-1000 Debra Drive Monday 0800-1200 Dee Dee Drive Monday 0800-1200 Delaware Place Friday Del Mar Avenue Thursday 0800-1100 From Elden to Santa Ana (REST OF STREET iS MOT POSTED Denver Drive Monday OeadarAvenue 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 Monda 0900-1200 From Cortex to Sonora REST OF STREET IS NOT POSTED) Dublin Street Monday Duke Place Thursday EEba Circle Frida EI Camino Drive Monday 0800-10co From Mendoza to La Salle, both sides EI Rio Circle iMonday 0800-1100 Elden Avenue Wednesday OCOO.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 24DO.0400 From Harbor to Lemon Mcnday 0800-1100 North side from Lemon to Royal Palm Friday 0700.0800 South side from Royal Palm to Lemon Ehonhurst Lane Thursday Enterprise Street Wednesday 2400.0200 Esther Street Wednesday 0800-ICOO From Tustin to Raymond (REST OF STREET NOT POSTED) Europa Drive Friday Evergreen Place Tuesday ) Fair Drive Thursday FalrVie.v Fuad Thursday jArlingtcn to Newport Blvd CURBS) Thursday All medians Wednesday Arllnatcn to Sunflower (CURBS) Falnvay Drive Thursday Fairway Place Thursday Farad Street Tuesday 0400-0600 j Farallon Drive Friday Fayette Circle Thursday _ 1000-1900 Federal Avenue Tuesday 0900.1300 From Oak to Victoria Frontage _ Tuesday 0900-1000 Wilson Street to Joann Street Fernheath Lane Monday 1100-1300 From Belfast to Conway REST OF STREET IS NOT POSTM) Fillmore Way Tuesday 0800.0900 East side Monday 1100-1400 West side Fischer Avenue Wednesday Flamingo Drive Friday Florlcfa Circle Friday Flower Street Wednesday 0800-1000 From Orange to Westminster, both sides Wednesday 1000-1900 From Westminster to Santa Ana Ford Road Tuesday 0800.1000 From Newport to Parsons Thursday 2100-0400 From Harbor to Parsons Fordham Drive Thursday 0400-0000 From Fair to Nassau 'rhursday 0800-1000 From Wilson toJoann (RESTOFMEET iSNOT POSTED) i:, Fountain Way Tuesday W. Fountain Way Tuesday Francis Lane Monday Freemont Lane Monday Fuchsia Street Monday 0800-1200 Fullerton Avenue Wednesday 08004000 Eastside from 20th to Gay Wednesda 08001000 FI'om 19th to 20th Thursday 1100-1800 West side from 20th to Sa �Galway Lane Monday Gannet Drive Friday Garden Lane Wednesday Garfield Avenue Monday Garlin Ford Street Monday Georgeanne Place Thursday Georgle Place Friday Geranium Street Monday 08001200 Gibraltar Avenue Friday GingerAvenue Tuesday 1200.1400 West side Friday 1000.1200 East side Gisler Avenue Monday East of Harhor Thursday West of Harbor Glen Circle Tuesday 0800-1000 Gleneagles Terrace Tuesday Golden eye Place Friday Goldenrod Drive Monday 0800-1200 Golf Course Drive y Governor Street Tuesday 1000-1400 From Pomona to Puente {REST OF STREET IS NOT POSTED' Grace Lane Wednesday 2400-0200 Grand Haven Cirele day 1000.1300 Grant Avenue day Green Street ay Greenbrtar lane day Greenbrook Drive day 0800-1200 Grove Place day 08C04200 From Republic to State Haiti Circle y Hamilton Street ay 0800-1000 FromHarbortoThurin ay 1000-1300 Westbound Hamilton from Harbor to Placentia Hanover DiIve daHarbor Boulevard day Harbor Gateway North Thursday Harbor Gateway South Thursday Harding Way Monday 1100-13CO Harla Avenue Thursday 1100-1300 I-lartfcrd Way Monday Hawaii Circle Friday Hayes Avenue Monday Helena Circe Monday Helena Place Monday Hickory Place Ftiday 1100-1300 Hill Place Thursda Howarel }Nay Thursday Hudson Avenue Thursday Hummingbird Drive Friday Hyland Avenue Thursda_ - Idaho Lane Friday Idaho Place Friday Illinois Street _ Friday - Indiana Avenue Friday Industrial Way Tuesday inroz Drive Friday Iowa Street Frid Iris Placa Wednesday Irvine Avanu-e Wednesday West side Jacaranda Avenue Friday imica Road Friday James Street Wednesday 0800-1000• North side Thursday 1100-1300 South side 4 Jasmine Circle Wionday 0800.1200 Java Road Tuesda Jearette Place Thursday 0800-1100 Jefferson Avenue Monday Jeffrey Drive Thursday 0900-1100 Jennifer Lane Thursday 0900-1900 Joann Street Tuesday 0800-ISDO From Republic to Federal Tuesday 1000-1400 From Placentia to Miner Thursday 0800-1000 From Fordham to Columbla Johnson Avenue Monde Junipero Drive Monday Kalmus Drive Wednesday Kauai Place Tuesday Kentucky Place Friday Kenwood Place Wednesday Kerry Lane Monday Killarney Lane Monday Killdeer Circle Friday Klil brooke Lane Monday 1100-1300 From Baker to Watson {REST OF STREET IS NOT POSTED) Kln let Court Friday Klondike Avenue Thursday Knowell Place Tuesday 1000-1200 Knox Place Wednesday Knox Street Wednesday fornat Drive Friday Labrador Drive Friday La Uncle Place Thursday La Perie Lane Wednesday 0900-1100 La Perle Place Wednesda La Salle Avenue Monday 0900-1000 From Mlsslon to Sonora (RESTOFSTREET IS NOT POSTED) Lanai Drive Tuesday Lansing Lane Monday Lantana Lane Monday 0800-1200 LarksourStreet Monday 0800-1200 Laurle Lane Wednesday Lear Avenue_ Wednesday Lehigh Place Thursday LavendarLane Monday 08000-1200 Leminos Drlv.a Friday Lemon Street Munday 0800-110C West side Friday 0720-0800 East side Lanwood Cireie Wednesday _ Lenwood Drive Wednesday Uard Place Thursda Lilac Lane Wednesday Ulllan Place Thursday Limerick lane Monday Uncotn Way Monday Linden Place Tuesday Lisa Lane Thursday Littleton Circle Thursday _ Littleton Place _ Thursday Logan Avenue Monday Loma Cirde Monday Londonderry Street mor;day Loren Lane Monday Lorenzo Avenue Monda 0800-1000 GI Camino Drive to Salvador Street Loreto Avenue Monday Lola Rood Wednesday 1100-1200 _ Souti side from Vlllanova to Columbia Thursday 0900-1100 North sfde from villa nova to Columbla Luddington Street Thursday !C00-1300 Lupine Circle Monday MacArthur Boulevard Thursday Mace Avenue Tuesday 1200-1400 Westside Friday 1000-12CO East side MacKenzle Place Thursday Madagascar Street Friday Madelra Avenue Friday Macilson Avenue Monday Magellan Street Monday 49 Magnolia Street Wednesday Main Street Wednesday Mallard Drive Friday Mandarin Drive FridayI Manistee Drive Thursday 1000-1300 East side from Paularino to Plarpont Thursday 1000.1300 West side from Plerpont to curve Maple Avenue Tuesday,0900.1300 Maple Street Tuesday 1000-1400 Marian Way Wednesday Mari vld Circle Monde 0800-1200 Marquette Circle Thursday1000 1300 Maryland Circle Friday Maul Circle Tuesday Maul Place Friday McClintock Way Monday 0600.0800 McCormack Lane Monday MnCormlck Avenue Wednesday McKinley Way Monday Melody Lane Wednesday 0800-1.000 South side Thursday 1100-1300 North side Mendoza Drive Monday 0800-1.000 West side from Bakerto EI Camino (RESTOF STREET IS NOT POSTED Merrlll Place Wednesday 0800-1000 South side from Clden 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 ',Nest Thursday Curbs Meyer Place Tuesday 1000-1200 West side from Hamilton to Beach Tuesday 1000-1200 From Victorla to `Nilson BOTH SIDES) Wednesday 1100-1300 Cast side from Beach to Hamilton Wednesday 071.10-oaoo Both sides from Beach to 19th _ Michigan Avenue Friday Miguel Lane Monday Milbro Street Thursday Mindanao Drive Friday N lner Street Tuesday 1000.1300 From Wilson to Joann (RE5T OF STREET IS NOT POSTED) Minnesota Avenue Friday Minorca Drive Friday Minorca Place Friday Mission Drive Monda 0800-1100 From Mendoza to Ballow Monday CSCO.1000 North side from Mendoza to La Salle Tuesday 0800-0900 South side from Nlendo%a to La Salle Missourl Street Friday Modjeska Circle Thursday 1100-1300 Molohai Place Friday Monaco Terrace Thursday 0800.1000 Monroe Way Monday Monrovia Avenue Tuesday 0800-1000 From Oak to Victcrla Tuesday 1000.1300 West side from 19th tc 18th Tuesday EarlyShift From 18th to J.Sth (NOT' POSTED) 'Tuesday From Oak to 19th (NOT POSTED) Wednesday 0800-1000 East side from 18th to 19th Montana Avenue Friday Monte Vista Avenue Thursday OBOC-1000 From Newport Blvd to Elden Ave Thursday 1100,1200 From Monaco Terraceto Irvine - Monterey Avenue Moriday Murray Lane Monday Myrtlewood Street W Friday Nassau Road Thursday National Avenue Tuesday Nebraska Lane Friday 0800-1000 From California to Missouri Nebraska Place EFriday �- Nevada Avenue Friday Nevis Circle fuesday New Hampshire Drive Friday 0800.1000 New Jersey Street Friday New Mexico Street Friday New York Avenue Newhall Street �Nday sdayNewport Boulevard sday Newton Way NorseAvanuz #Tesda rda 0800-1000 NorseWay rsday Notre Dame Road Wednesday 1100-1200 East side from Tuhneto Villanova Notre Dame Road Thursday 0900-1100 West sidefrom Villanova to Tulane Nutmeg place Monday Oahu Place Friday Oak Street Tuesday ogle Circle Wednesday 0900.1100 From AllsoAvenue to end Ogle Street Wednesday 0900.1100 From Orange to Santa Ana tiyednesday 0900.1100 From Allso to Irvine (REST OF STREET IS NOT POSTED) Ohio Place Friday Ohms Way 'ruesday OSDO-0700 Old Newport Boulevard Tuesday OI mptc Avenue Thursday Orange Avenue Wednesday 0800.1000 West side from 22nd to Rochester Wednesday 1000-13GO East side from Rochester to 22nd Thursday 0800-1100' From Dei Mar to 22nd Thursday 0900-1100 East sl de from 23rd to Wilson Orcas Drive Friday Oregon Avenue Friday Oriole Drive Friday -Oxford Lane Thursday Paclfic Avenue Tuesday 0800-1000 Palace Avenue Tuesday Palau Place Friday Palmer Street Wednasda 0900.1100 Pafoma Drive 'Wednesday Wltnin Costa Mesa boundaries Pamela lane Tuesda 1100-1300 Panay Circle Friday Park Avenue ThursclaY Park Drive Wednesday Parkcrest Drive Tuesday Park Center Drive Wednesday Parkglen Clrcle Tuesday Parkhill Drive Tuesday Par kvfewCircle Tuesday Parkvista Circle Tuesday Parnell Place Monday Pares Clrcle Friday Parsons Street Tuesday 0800-1000 East side from Ford to Bay Thursday 1000.1200 West side from Bray to Ford Tuesday 0800-1000 Victoria to End I'aularino Avenue Monday From FalrAeN to Helena Honda 1100-1300 Scu`.h side from Cooildge to carfcid Mondav 1100-1.300 Ewtboumd from Cleveland to Cooildge Monday 1100-1300 _ Westbound from Coolidge to Van Buren Thursdav From Bearto Bristol Wednesday From Bristol to Alrway _ Pauline Place Wednesday Peace Place Thursday Pelican Place Friday _ Pemba Drive Friday- PeppertreeLane Monday 0800-1100 'Nest side _ friday 1100-1300 Eastside Peterson Place Thursday 0700-0800 West side rrlday 0800-1000 East side Thursda 0800-1000 Plorthbound from Harbcr to Adams Phalarope Court Ifrlday _ 51 Plerce Avenue Monday Pler ant Drive Thursday 1000-1300 Pinecreek Drive Monday Pine Place Tuesday Pitcairn Drive Friday Placentia Avenue Tuesday From 19th to 16th Thursday Platte Drive Thursda 0900.1100 Plum Place Tuesday Plumer Street Tuesda 1000-1300 Southside Wednesday 0800-1000 North side Plumerla 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 SlOES Tuesday 1100.1300 { East sde from Wilson to Joann Nlednesday 0800.1000 (West side from 17th to 18th Thursday 11OC-1300 West side from Wilson to Joann Ponderosa Street Monday 0800-1100 South side from Let-non to Royal Palm Friday 1100.1300 North side from Lemon to Royal Palm (REST OF STREET IS NOT POSTED) Poppy Orde Monday 08CO-1200 Portola Drive Monday Post Road Thursday President Place Tuesday Presidia Drive Monday Presldlo Square Monday Primrose Street Friday Princeton Drive Thursday Prospect Place Thursdav Puente Avenue Tuesday 1000-1200 Pullman Street Wednesday Purdue Drive Thursday Queens C,curt Monday 0800-12£0 Ralcam Place Tuesday 0800-1000 Ralelgh Avenue Tuesda 1COQ-1200 _ Tuesday 09004200 From Vfctorla to Wilson Ramona Place Wednesday Ramona Way Wednesday Randolph Avenue Wednesday 2400-0200 From Baker to Bristol Thursday From eaker north to end Raymond Avenue Wednesday 0800-1000 From 20th tc Wa'nut REST OFSTREET IS NOT POSTED) Redding Avenue Friday 0800-1200 Redhlil Avenue Wednesday Redlands Place Wednesday Redwing Circle Friday Redwood Avenue Friday Regis lane Monday Republlc Avenue Tuesday 0800-1100 From 0A south to end REST OF STREET 15 NOT POSTED) Rhode Island Circle Friday Rhodes Drive Tilday s Ridgecrest Circle Tuesda Rtverside Place - Wednesday Riviera Drive Thursday OBOO-1000 Roanoke Lane Thursday .Robin Hood Lane --.Wednesday Rabin Hood Place Wednesday Rochester Street- Wednesday Rogers Place Wednesday Roosevelt Way Monday Rose Lane Wednesday Rosemary Place Wadnesday Ross Street Tuesday Ra al Palm Drive IPRonday 08001100 Eastside 52 53 Friday 1100-1300 West side Royce Lane IMonday 1100-1300 Rue De Cannes Thursday 0800••1000 Rural Lane Wednesday Rural Place Wednesday Rutgers Drive Tuesday CWO.1000 From Wilson to Avocado Thursday North of Wilson Saint Clair Street Monde Sakloka.Drlve Wednesday Salinas Avenue Monday Salvador Street Monda 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 Monda . 0800.1200 San Lucas Lane Monday 0800-1200 San Merino Clrcfe Mondav 0800-1200 San Pablo Circle Monday 0800-1200 San Rafael Circle Monday 0800-1200 Sandalwood Street Friday Sanderiing Circle Friday Sandier Drive Friday Santa Ana Avenue Wednesday From 15th to 16th(NDT POSTED) Wednesday 09CO-1100 From 16th to 17th Wednesday 1000-1300 From 17th to 22nd inursda 0800-1100 From 22nd to Mesa Santa Ciera Circle Monday 0800-1200 Santa Cruz Circle Monday 0800-1200 Santa Isabel Avenue Thursday_ Santa Rosa Avenue Monday 08CO.1200 Santiago Road Monday Santa Tomas Street Thursday Scenic Avenue Thursday Scott Place Tuesday 1000.1300 Sea Bluff Drive Tuesday 0800-1C00 From Canyon to Gleneagles Terrace 4BOTH SIDES) Seal Street Tuesday 1000-1200 Secretariat Circle Monday 0800-1200 Senate Street Tuesday 1000.1?00 From Pomona to Puente (REST OF STREET 15 NOT POSTED Serang Place Frldav Serra Way Monday Shalimar Drive Thursday Shamrock Lane Monday Shannon Lane Monday Shantar Drive Friday Sharon Lane Monday Sherwood Place Wednesday Sicily Avenue Friday Sierks Street Wednesday _ _ w Sark Circle lfrida Smalley Road Monday Sonora Road fvlonday South Coast Drive Wednesday Sparks Street Wednesday Sparrow Circle Friday Snringfleid Street Monday Starbird Drive Friday State Avenue Tuesday Sterling;Avenue Tuesday 0900-110D From Pomona to.alley(REST OF STREET IS NOT POSTED) Stonefield Street Monday Stromboli Road Friday Sturgeon Drive Thursday 1000-1200 53 Sumatra PlaceFriday Sumba Circle Tuesda SunflowerAvenue Tuesda=From or Wednesdayn Thursdaac Sunset Drive Tuesday Su erlor Avenue Tuesday Surf Street Tuesday Susan Street Tuesday Susannah Place Thursda Sutter Way Mohday Suva Circle Tuesda Swan Circle Frida Swan Drive Frlda Swarthmore Lane Thursda Taba o Place Priday Taft Way Monday Tahiti Drive II Iuesday Tana er Drive Friday Tanana Place IThursdav Taylor Way INIonda Teakwood Placa lFrIday Terminal way Wednesda Tern Circle Friday Texas Circle Frlda The Masters Circle Thursday Thurin Avenue Tuesda D8eo-1000 Timor Drive Frlday Toronto Way Thursday Town Center Drive Wednesda Towne StreetTuesda 1000-1900 Trabuco Circle Tuesday 1100-2300 Traverse Drive Thursday 'rrenton Way Monde Trinity Drive Thursda 0900.1100 Tulane Road Wednesday 1100-1200 _ North side from Colbla to Notre Dame um Tulane Place Thursday Thursda 0900.1100 0800-1000 South side from Notre Dame to Columbia Tulare Drive Monda 0800-1200 Tulip Lane Wednesda Turlock Drive Monday 0800 L00 Tustin Avenue Wednesday 0800-1000 From Magnolia to 28th Street T ler Way Wednesda Monday 1000-1300 From 17th to Rochester (REST OF STREET fS NOT POSTED} Union Avenue Utah Circle Tuesday Frida Valencia Street Valleb Circle Tuesday Monday 0800-1000 0800-1200 From Mendoza to La Salle, both sides Valley Circle Tuesday y Valley Road Tuesda Van Buren Avenue Moncla Van uard Way Thursday 1100-1300 Vassar Place Velasco Lane Thursday Monday Venetian Drive Mo nda 0800-1200 Vermont Avenue Friday Victoria Place Tuesda Victoria Street Tuesday Vlllanova Road Wednesday 1100-1200 South side from Notre Dame to Lovola Thursday 0900-1100 Nortli side from Loyola to 288 Vllfanova (REST OF STREET IS NOT POSTED) Viola Place Wednesday Virginia Place. Thursda Vlreo Circle Visalia Drive_ Friday Mondev 0800-120r, 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 Hamllton Tuesday 1000-1300 From Hainilton to end Wednesday 0800-1000 East side from 18th to 19th Wednesday 0800.1000 West side from 18th to Shalimar Wednesday 1100-13W West side from 19th to Hamilton Thursday 1100-1300 Cast side from lath 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 Waxwing Circle Friday Weelo Drive Tuesda Wellesley Lane Thursday Wells Place Wednesday Westbrook Place Thursday Westiminster Avenue Wednesday 0400.1100 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 0900.1100 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 Shirt From Newport to Fairview Thursday 1000-1200 West side from College to Fairview Thursday From Harbor to College NOT POSTED) Thursda 08001000 VV east of Newport Blvd to Elden Ave BOTH SIDES) Wimbledon Way Monday 0800=1200 Wintergreen Place Tuesday 1200-14W North side Friday 1000-1200 South side Wisteria Circle Monday 0800-1200 Woodland Place —�-. Wednesday Wren Circle Friday Wye ming Circle Friday Me Place Thursday Yellowstone Drive Thursdf Yorkshire Street Tuesday. - 0900-1100 Yukon Avenue Thursday Yukon Circle ThursdayY_ 55 Attachment C AQMD Rule 1186.1 Rule 1186.1 - Less -Polluting 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 rule 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 trucks, 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 tlx s rule. (c) Definitions For purposes of this rale, the following definitions shall apply: (1) AF"F'EC MD 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 velucles, excluding those exempt as defined by Rude 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 (CARB)-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 i 56 sweeper, including the al Uiary engine (if applicable) must be vented through such a device(s) that have been certified by CARD at the time of vehicle purchase. (4) FLEET OPERATOR is any federal, state, county, city, or governmental department o; 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 goverm— rental 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 Riel 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 governmout 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 vacuu_ni or regenerative air- system or any combination of the above, (9) SWEEPING OPERATIONS means operations to remove material frons paved sarfaces using sweeper(s), as defined by this rale. (d) Requirements For Fleet Operators: (1) Beginning July 1, 2002, a fleet operator shall meet the following conditions for each individua: puxchase or lease of a replacement or additional sweeper; (_A) Purchase or lease an alternative -fuel sweeper, OR (B) Before July 1, 2008, 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 anon -alternative fueled sweeper with all applicable approved control device(s), and (ii) maintain the approved control devices) per manufacturer's specifications, and (iii) if using diesel f4el, fuel the sweeper witla love -sulfur diesel fiel only, and 13 i' 57 (iv) comply with Rule 1186 without involving 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 far sweeping services must: (A) Contract for sweeping services that use alternative -fuel sweeper(s), OR (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-sulftz 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 involving the exemption provision in Rule 1186 paragraph (i) (3), m-iless a demonstration is made to the Executive Officer that for solely technical reasons no certified sweeper, as defined in Rule 1186 paragraph (c) (2), iscommercially 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 Net operator seelving to comply with subdivision (d) without purchasing or leasing an alternate-fixel 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 mauve, model, and a complete description of the sweepers' dust suppression systems; and (C) demonstration that no alternative -Biel engine and chassis configuration is commercially available ftom any manufacturer for sweeping operations conducted Tay the Eeet operator (only techiucal reasons for choosing a given chassis configuration are acceptable), OR 14 58 (D) demonstration that a fueling station for alternative -fuel sweeperscomznercially available from any manufacturer for sweeping operations conducted by the fleet operator is not available E within five miles of the vehicle storage or :maintenance yards, I' (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 CeatifZcation 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 plxelhase by a fleet operator that is solely dedicated to serving governmental agencies that are not subject to this zule, 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 twder subdivision (f) shall supply proof that their sweeper or fleet is exemptedfrom this rule. (a) 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 mle 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 nile. 15 59 AQMD Incentive Funding Programs • Summary of Co -funding Sources http://wi,vw.aqmd,gov/tao/FleetRiiles/AFVFtmding8ources.htm • Mobile Source Emission Reduction Review Committee http://www. cl eantranVortationfLmding. or,g/ • Carl Moyer Memorial Program Incentives for Purchasing Lower -Emission Heavy - Duty Engines (ARB website) http://www.arb.ea.govhnspro mover/moyer.htm Other Links for Finding Fueling Stations htt-p://Nv-.N-w.Nmd.gov/tao/FleetRule,.;/Fi-TelgLiides.htm For more information on the fleet rales, call the FLEET RULE IMPLEMENTATION HOTLINE, at (949) 396-3644 or e-mail fleetrLi'es@aqi-nd.gov. agtnd.gov. Source: hLtp:llwww.cznn�ovltaolFteetRttle,s11186,18weeraerslinclex.ht i 16 4. PROPOSAL FORMAT GUIDELLNES 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 Al2plication 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 sip 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 number of the contractor's office located nearest to Costa Mesa, California and the office from which the project will be managed. • Background and Proiect Summary Section The Background and Project Summary Section should describe your understanding of the City, the work to be clone, 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 firra 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 rnauagetnent 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 schc&i1e, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete 17 61 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 rea-aire 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 infonnation 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 file City, if applicable. • Staffizta 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 individuaLl Include a restune 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 subnut 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 sib -contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Infortmation 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 indtviduais listed. Information provided shallinclude: i Hourly rates for the proposed person+lel shall be set fortli on Appendix D. in 62 o Client Natne 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 perforins 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. 0 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 inAractions should be clearly de$ned to ensure fees proposed can be compared and evaluated. Proposals shall be valid for a minimtun of 180 days following submission. • Disclosure Please disclose any and all past or current business and personal relationships with any cL,xrent Costa Mesa elected official, appointed offreial, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship mety not disqualify the firoa fratrt consiffertttion. w Sample Acureement The firm selected by the City will be required to execute en Agreement for Services (Agreernent) 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 63 (3) Price Proposal Form (4) Disclosure of Government Positions (5) Disqualifications Questionnaire 5, PROCESS FOR SUBMITTING PROPOSALS • Content of Proposal The proposal nn -List be submitted using the format as indicated in the proposal format guidelines, s Preparation of Proposal Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond these 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 must be, submitted in sealed envelopes rnarlced 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 Ria: RFP 15010 Street Sweeping • Inquiries Questions about thislcFP must be directed in writing, via e-mail to: Stephanie Urzieta, RFP Facilitator stephanie.urnxei:a , costanxnesaca.�ov 20 I 64 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 tot allowed to communicate outside the process sat 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 willbe 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. Slab -criteria are not necessarily listed in order of importance. Additional sub critcha that logically fit within a particular evaluation criteria may also be considered even if not specified below, 1. Qualifications of Entity and Key 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. 3. Puce 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 setti-ices that provide additional efficiencies or increased performance capabilities. ----15% 21 1 t i 65 7. EVALUA'T'ION OF PROPOSALS AND SELECTION PROCESS In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating proposals. An Evaluation/9election 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 Screening Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as nonresponsive 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. Inter -views. Reference Cheeks, Revised Propossls. 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 individual(s) from Proposer's film or entity that will be directly responsible for carrying out the contract, if awaarded, 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 evaluation process 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 deeined pertinent to the evaluation process. 22 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 VII 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. Tho RFP Facilitator wilt 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 protestat 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 conununication 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 front disclosure the.proprieta-y information by marking each page containing such proprietary information as confidential. 23 N- VA 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 froze 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. If 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. LX PARTE COMMUNICATIONS Proposers and Proposers' representatives should not communicate with the City Council members about this R.FP. 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 repxesentatives 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 my 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 Conm imications 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 1090 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 iGOVETtN1 (ENTAL POSITION In. order to analyze possible conflicts that 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 tarn 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 M past twelve months using the attached "Disclosure of Government Positions Form," (See Appendix F.) 13 CONDITIONS TO AGREEMENT, IT' ANY. The selected Proposer will execute an Agreement for Services with the City desaribing 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 req uirements have been mandated by the City and can be rnodifted 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 far 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. DISQUALIFICA'T'ION QUESTIONNAIRE Proposers shall complete and submit, 7-111derpenalty 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 RPP prior to the proposal due date. All amendments and additional information will be posted to the Costa .Mesa Procurement Registry Costa Mesa - Official City Rob Site - Business - Bids & RFPs; 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 proposa s submitted become the properly of the City. Insurance Requirements City requires that licensees, lessees, and vendors have an ap1moved Certificate of Insurance (not a declaration or, policy) or proof of legal self-insurance on file with the City for the issuance of a pexmit or contract. Within ten (10) consecutive calendar days of award of contract, successful 25 Proposer must furnish the City with the Cerdfccates of Insurance proving coverage as specified within Appendix B. 26 1 70 27 71 REQUEST FOR PROPOSAL RFP No. 15-010 Street Sweeping Services VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW 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) ❑ CURRENT VENDOR Fax: E -Mail Address: Business Fax: ❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION Is your business: (checIs one) ❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNTINCORPORATED ASSOCIATION 28 1 r 72`� Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorizatiotiresolution to sign contracts) Names Feder,, TELx Identification Nwnben City of Costa Mesa Business License Number: Title Phone (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: 29 73 30 74 CITY OF COSTA MESA PROEESSiONAL 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. - ITNESSETH: 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 Californla 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 '13," 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; . 31 75 (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, 1A. 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, ncr 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. fon-Exciusive 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 perforin 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. Consulta7t covenants that all data, documents, discussion, or other information developed .or received by Consuitant 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 1 76 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 Werk. The professional services to be performed pursuant to this Agreement shall commence wlthln 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 Fr?corporated 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 Terminatlon. 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 other rise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed tip to and including the date of City's v/ritten notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of terminatlon 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 draOngs, 33 77 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 Scooe 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 liablllty, 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 rlghts tinder 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 Ore 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 34 78 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. 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 °E" and incorporated herein by this reference. 5.5. Non-1miting. 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. B.O. 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 35 79 t i 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 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 shalt 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 l=air 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. Attornevs' 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 tie 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, Assiqnment. Consultant shall not voluntarily or by operation of lave 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 36 M 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 otherMse 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. 6.1 Q. 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 81 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 PIERS 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. Ail 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 iimited 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, wilt 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 81646, et sect.) and Government Code Section 1490. During the term of this Agreement. Consultant and its officars, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for wham 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. Responsibilii for �or 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 EM 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 Beneficlary 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 83 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 sha'I 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. 84 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: [Mayor or 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: Date: City Attorney APPROVED AS TO INSURANCE: Date: Risk Management APPROVED AS TO CONTENT: w Date: Project Manager Date: Director 41 85 51 M. -I EX PARTE COlbI11IUNICATIONB CERTIFICATION Please indicate by signing below one of *Lc following two statements. Only sign one statement. I certify that Proposer and Proposer's representatives have not had any communication with a City Councihnember concerning RFP NO. 15-010 Street Sweeping Services at any time after November 13, 2014. Date; Signature I certify that Proposer or Proposer's representatives have communicated after November 13, 2014 with a City Couticihnember concerning RIP NO. 15-010 Street Sweeping Services.:A, copy of all such communications is attached to this fora for public distribution. Signature 52 Date: 1 87 63 I -E \ } � } / \ � , ,y . it 63 I -E 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 requirenneuts, 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 sEalt 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. ('This information may be found on the U,S. Department of Labor's website at www.bls.Qov.) ROUTE: Total Annual Cost (Weekly) W eeldy Route 1 Total (211 C1trb & Linear miles): $ Weekly Route 2 Total (206 Ourb & Linear Miles): $ Weekly Route 3 Total (208 Curb & Linear Miles): $ - Weekly Route 4 Total (214 Curb & Linear Miles); $ Weekly Extra Sweeps/Call Outs (8.6S miles): $ — Total, Ax nual Cost $ 54 99 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 Shin 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 Constriction 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 wort{, All work shall be performed in accordance with the specifications, WORK DESCRIPTION I Unit Price Cos`. Per Curb Mile $ Hourly rate for special sweeps $ Proposer's Initials 55 M (Please Type or Print) Total Proposal Amo-Lmt: • In written words • In figures $ CONTRACTOR Lawful Name: Proposees Name: PROPOSER License No. PROPOSER Taxpayer I.D. Number: Signature: PROPOSER Address: Telephone Number: ( Z Fax Munber: ( 1 24 -Hour Emergency Contacts: Name Name Name Proposal amount 56 Proposer's Initials; Expiration.: Date: Telephone No.; { 1 Telephone No.: Telephone No.: Proposcr's Initials i 91 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 hire 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 skull 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 (W.SPG)Cs C1'cu1O(i V1jOd 92 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 Taxpayer I.D. Number. Can Sign Must Sign Name ❑ Nam. ❑ 0 Name ❑ 11 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. Nimbe_: 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 nacre of the Proposer with a designation following showing "DBA (the fictitious name)"; provided, however, no fictitious name shall be, used unless there is a c=ent registration with the Orange County Recorder. The Rill names and residences of all persons and parties interested in the foregoing proPOsal, as principals, are as follows: NOTE:Cive first and last names in fiill; 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. I1 kiyV.1. V1 J .SAAR vlf"w (I So,52C)C5 Cmted VIM 93 Proposer shall signify receipt of all Addenda here, if any: Addeudurn No. Date Recefyed Proposer's 5ianature 94 i { � . `- /\ 95 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 disq-ualified, removed, or otherwise prevented from bidding on, or conzpleting 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, ƒ / � \ .} i � � � !� � } � / ) \ \ �^ � � } � � ) ! } _.. .. 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." W ., EXHIBIT B CONSULTANT'S PROPOSAL 12CIeanStreet PSA a r 99 V.x •-..iia. - ;;s-_�::�:Y '.�. .,:�_�,. _..._tea ";�' Meaning Your Environment STREET SWEEPING SERVICES EXCLUSIVELY FOR CITY OF COSTA MESA DECEMBER 5, 20x4 1937 W. 169th Street Gardena, CA 90247 (800) 225-7316 x108 100 TABLE OF CONTENTS SECTION COVERLETTER & FORMS...........................................................................................1 • VENDOR APPLICATION FORM • EX PARTE COMMUNICATIONS CERTIFICATE • DISQUALIFICATIONS QUESTIONNAIRE. • AMENDMENT N0. 1 • AMENDMENT No. 2 • AMENDMENT No. 3 BACKGROUND & PROJECT SUMMARY ::.................................................................,......2 METHODOLOGY.........................................................................................................3 STAFFING..................................................................................................................4 QUALIFICATIONS........................................................................................................5 FINANCIALCAPACITY.................................................................................................6 FEEPROPOSAL.........................................................................................................7 • PRICE PROPOSAL FORM DISCLOSURE............................................................................ • DISCLOSURE OF GOVERNMENTAL POSITIONS It u� Clanning Your €nvlrrnmon6 cis .........................8 (800) 225-7316 x108 1937 W. 169th Street Gardena; CA 90247 101 uleanStreet Cleaning Your Environment 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 erre 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. ! hope we can be of service to your City. Sincerely, CLEANSTREET Rick Anderson Secretary/Director of Business Development 1937 West 169th Street, Gardena, California 90247 (800) 225-7316 CIeanStreet. com E-mail: Info @CleanStreet,com Fax: (310) 538-8015 102 REQUEST FOR PROPOSAL RFI' 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 . 169th Street City, State and Zip Code: Gardena CA 90247 E -Mail Address: randerson(Dcleanstreet.corn Phone; 800) 225-7316 x108 Fax: (310) 538-8015 Contact Person for Proposals; Rick Anderson Title: Secretary E -Mail Address: randersonoMeanstreet.com Business Telephone: (00) 225-7316 x108 Bt&inm Fax: (310) 538-8015 Is your business: (check one) ❑ NON PROFIT CORPORATION ® FOR PROFIT CORPORATION Is your business: (check ote) CORPORATION ❑ LLMnED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION W 103 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resol-ation to sign contracts) Names Title Jere Costello President Rick Anderson Secretary Federal Tax. identification Number; 95-4147708 Phone (800) 225-7316 x103 (800) 225-7316 x108 City of Costa Mesa Business License NLunber: 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 male 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 mtioned 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 (isasecaescmar dvMV 105 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. Z Corporation Namd ,fere Costello Name Rick Anderson Name Taxpayer LD. Number: 95-414770$ Can. Sign Must Sign ❑ If the proposal is by a partnership or a joint venture, state the name§ and addresses of all general partners and joint ventures. ❑ Partnership or Joint Ventures Name Address Name Address Taxpayer T.D. Number: 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 Poposor 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 pasties interested in the foregoing proposal, as principals, are as follows: NOTE:Give first and last names in full; in ease of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint give names of all the individual members. J•` �Jer`e Costello, President 1937 W 169th Street. Gardena, CA 90247 -iCk Ardrson, Secretaty 1937 W. 169th Street Gardena CA 90247 :gj4 Propser's ?xzitials (190,3PQCS C"ed 7/UN 106 Proposer shall signify receipt of all Addenda here, if any; Addendum leo. Date Received •Pronoser's Signature 1 11117/14 2 11/18/14. 3 12/4/14 107 DISQUALIFICATION QUESTIONNAIRE R The Contractor shall complete the following questionnaire: Has the Contractor, any officer bf 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 regwlation? Yes No X If the answer is, yes, explain the circumstances in the following space, REQUEST FOR PROPOSAL FOR STREET SWEEPING SERVICES RFP No. 15-010 (Schedule of Events Revised) 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 stenhanie urueta costamesapigo-v 109 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 24, 2414 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 arta 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 A11 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. e Signature Rick AndQgjQn. Secreta€v_ Print Name & Title 1.937 W. 169th Street Gardena CA 90247 A ress December 2, 2014 Date Clean eet Company Name 800.225.7316 x108 Flione . Number 110 REQUEST FOR PROPOSAL FOR STREET SWEEPING SERVICES RFP No. 15-010 (Section 2 SCHEDULE OF EVENTS- re -Proposal Meeting Location Changed') r Public Services Department CITY OF COSTA' MESA Released on November 13, 2414 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 thiiamendment should be addressed to Stephanie Urueta,: email Atpbanicuruetg@cogtames.aca.gov 111 I 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) 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 OW PJ All dates are subject to change at the discretion of the City Pre -Proposal Conference: A MANDATORY pre -proposal conference will be held on „Fina ' KI AIW 3 w z �^ in Conference Room 4A on the fourth floor at City Hall, 77 Pair Drive, Costa Mesa, CA 92626. A pre -proposal conference is held to allow for questions and clarifications concerning the City's RPP process and subsequent contract award. In order to provide comprehensive answers and minimize response tinie, proposer(s) will be asked to submit questions in writing prior to the meeting. Questions can be e-mailed to Stephanie uruetaa,c.ostainesaca.Qov. 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 4',�Zva t Signature Print Name & Title 1937 W. 169th Street Gardena, CA 90247 Aaress December 2.201.4 Date CleanStreet__ Company Dame 800.225.7318 x108 Phone Nuriaber 112 RE, QUEST FOR PROPOSAL FOR STREET SWEEPING SERVI RIP No. 15-010 n & Answer Revisions & Schedule of Events, I Public Services Department CITY OF COSTAI�iESA Released on December 4, 241.4 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 aniendinent 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 s ee tl in .urueta;c ca�taine aca av 113 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? -Y s NO. Pfaase refer to the attached Department of Industrial Relations Appeal — Public Works Case No. 2055-001. Revised f214114 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 November 20, 2014 at 11:00 a,m. Deadline for Written Questions November 24, 2014 @ Noon Responses to Questions Posted on Web Proposals are Due Interview (if held) Approval of Contract (Tentative) November 20, 2014 December 5, 2014 a@ 10:00 am Week of December 22, 2014 TBD All other provisions of the InvUaation of this proposal shall remain in their. en irety. Vendors hereby acknowledge receipt and understanding of the above Amendment Complete and subinit this Amendment with your proposah J4 A December 4, 2014 Signature ► Date Print Name & Title 1937 W. 169th Street Gar , CA 90247 AdQtt Tess CleanStreet Company Name 800.225.7316 x108 Phone Number 114 STATE OP 'CAL1_'0MT'XA DEPARTMENT OF ZN.17USTRYAL ,MATIONS DECISION on ADMXXZSTRATXV'B APPEAL Res PUBLIC WORKS CASE Nil. 2005-007 J� � STREET SWEZYXNG + - CITY 08 SAUNA CLARImA X. INTAOD`JCTION On June 1, 2005•, the Acting Director of the Department of 1ndus'trial Relations ("Department") issued a public works coverage determination ("Determination") finding that the -street sweeping contracted by and for the City of Santa Clarita ("Citylr)' does not constitute the `'public work of maintenance, subject to the payment of prevailing wages. On ,T=e 30, 2005, Operating Bngineexs Union Local No. 3, AFL- CIO ("Operating Engineers") filed an administrative appeal' of the Determination. Thereafter, submissions were made by . interested parties, 67.ean.Street and City.- All ity;All bf the submi.asi.ons Lave been considered carefully. Except as noted below, thay raise no new issues -not already addIzesaed 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 hexein by referexice, Operating Engineers provides the following reasons whY �t beli ear s the Department l s Determination that the street sweeping at issue is not maintenance is in error: • the work is necessary to protect the public health from vermin, germs and disease 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 iq one of the most effective ways•oi removing metal particles. --and _hazardous.._.czaste _.produc,, .s.._ depaail:-ed _ . -- _ on roadways by vehicles; these waste products are virtually invisible, extremely harmful to fish, other wildlife, and the' general public, if allowed to run into rivers, creeks, beaches.ar_d baysr the work protects the water supply and the environment; and • the work is one' of the best gays to control and improve water quality, a public service that must be maintained in good order. Ill. DISCUSSION A. Pt7BLIC HEALTH CO.NCERgS ACRE NOT THg WSIS FOR FI–Ni ING A To CONSTITUTM u1�TlVT 7CH , rr While protecting the public health from vermin, germs and disease that breed..in. debris is an important public policy matter, public health .concerns are riot a basis for finding work to constitute maintenance under ealifoxnia. code of Regulations, title .8, section 16000- B. PUBLIC SAFET'Y' CONCEMIS 1 R�x.aLI3 ISI P'ri 2001-003r TRASjr/=BRZ'S pvMoVAL PIZOtit RAXZROAD 14Z'Ci5 TS- 0F_WAY ANxl YACI3,.ITX.VS, ,HZIM AND G-RVEN LX=' -9/LOS ANOZZF;S COUNTY 17'Ft0P0T,X'I'AN TP.AI`75PCJR{i'71'rST024 AU''X30i x 2'Y (AUGUST 2 0 r 2001) MM NOT 1101SICAIM ErM Operating Engineers argues, that the street seeping work is necessary to mai.ritazri the roadways -in. a safe and continually usable candi.tion and to protect• the public- from 2 . . 116 i hazards caused by accumulated debris in the roadway and gutters. City counters that such a position is not'well- take"l ' in 'that the 11sweeper does not go down the middle of ' the street to sweep debris, it stays on the curb and the side brush sweeps debris out of the curb and. -into the main j brush at the rear of the ,sweeper,f! -City further states „[t1he City has .a Public works Street Maintenance division that repairs potholes, removes items spilled or. dumped on the roadtrar, and maintains the roadway in a safe and con.ti,nually usable condition, In PW 2001-Oo5, 'rash/Debris' -pemovd.Z -from-- Rajl-roa Y-- - — - — Rzglits-of-WAy and Facilities, Blue and Gz-een Lanes / Los Angeles County Metropo.li6an Transportation Authority (August 8, 2001) , the work in question was. the "removal of paper, refuse.,' dead vegetation, automobile parts, chopping carts, tires, bicycles, furniture, eta." The work allowed the light rail system to be kept free of . trash and debris. for safe train movements, and, for that' reason, the work was found to constitute maintei-,arice. Here,. the public safety, concern is not ;implicated because the city streets, unlike a light rail train system, remain in a safe and continually usable conditioh even absent the curbside street sweeping. Further, as • City has indicated, to the extent. that streets were to become unsafe and unusable, City would engage its Street Maintenance Division to fix the street , and,or ramove items spilled or dumped on the street. C. WORK PrR&"OMB ON STT -DRAINS TO 4VOID FLOCPI .G IS NOT, AT ISSUE; TX.T WOF-K, TU 13i+7i' PVE=, 15 PEIRFOPYW BY =_Ty's MAzU'ZXUANCE DIWSi0X1 Operating Sagiveers argues that the street cleaning is necessary to ensure istarm 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 catch basins four times per year,' city also contracts with.%os Angeles. County P'lood Control to clean thousands of catch basins per year D. MWIRONX4MAL CONCERNS ARE NOT2YEV .BA,SXS FOR F= ING A WoAx 1't}"h "1�LP«TTYT Lastly, Operating Engineers argues that .street sweeping work is One of the 'most 'effective ways --of remdving 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 harmful to fish and other wildlife, and the' general. public, . if allowed to run into rivers, creeks., . beaches and bays. It further argues that street sweeping is one of the best ways to control and improve Water quality. While environmental concerns, like ,public health- concerns, are an important public policy matter, they are not a bas.is for finding a work to be mainten=ce, The recent pxec7edentia.l detexmi.nation,' PW 20105414, .,5edinj ent removal from Storm Dra..inalCa1.it'ornia Depax'tment of Tran,sporta.tion (Q(:,,tober 31, 2005}; is guidance.1 in. that . case, a federal court issued. an injim9tion ordering Cal Trans to, reduce or eliminate the discharge of hydrocarbon and lead - contaminated sediments ,from storm drains into Santa Vlonica Bay, as those materials were found to be harmful to wildlife. The storm drains at issue in that determination were "sel.f- fluohing." if large debris were to accumulate and clog the While pW Case t1o. 2005-014, Sediment RMPOvalt from Storm Drain- � California Department of T.angporfation (October 31, 2005) was not the law at the time this Determination issued on vine 1, 2005, it is cited in this decision as' consistent with the Department's poaition on the matter. 4 118 drain, a Cal Trans mainten�nce crew would perform work to xemove the debris and restore- the drain to- its normai operable condition. The. deterbination concluded that - the purpose of the. re'moval of the sediment was to protect the• environment, which-, alone,' did not constitute'a ground f6r a finding -of maintenance, IV. CONCLUS100 In 91uvxaary, for the reasons set forth in the Determination, .as augmented by tllas Decision on I Admin , istrative Ap;rea'l--,, operating-Engineer"-!a---appea:l ±9 denied-_ _ - and the 1)eternfnaticn that the street sweeping work performed for the city of Santa Clarita is not a public work is affirmed. This decision constitutes the final administrative action in thio, matter.' Dated: john M. Rea, Acting Director 119 PROOF OF .SERVICI (Code City, Proc, 9§ 1.013a, 2015.5) Re: Public 'Works Case No. 2005-•007 Streat'Sweepingy City of Santa Clarits I am employed in the. City and County of San Francisco, California,,, I am over the age oi+ ezgbteen years and not a party to the within gotiok, my business address is 455 Golden Gats Avenue, Suite 951.6, San Francisco*, Cali.forni.a 94102�3b60. On February..8, 2006, 1 served the enclosed, Public wo;)tA Decision, on Administrative Appeal on the parties listed below, through their attorneys of record, by -placing ttue copies. thereof -An sealed enual.opes .addressed_'as-..shoauu___..--- below for service.as designated bel6vi (A) Her First Class Mail, I am readily familiar with the practice of the Department of Industrial Relation3, Office of the Director Legal.Tlnit, for the collection and processing of aorrasnond.ence for mailing with the United States Postal Service, I Caused each such envelope, with fir8t--clas8 postage thereon fully prepared, to be deposited' in a recognized place of deposit of the U.S. Mail La Sara Francisca, California, for collection .and mailing to the office of the addressee on the date shown herein. (B} I3 r Prsonal,- Service.: .1 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, fC} By Messen..cer service; I am read:.ly familiar with the practice .of the Department of industrial. Relations,, Office' of the Director Legal Unit , for messenger delivery, and I caused each ouch envelope to be delivered to a courier employad by. : Golden state O'vernigt, 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) y Facsimile; 1 caused such .document to be served via faceimile electronic egApment- transmission (.fax) on the parties in this action, ,pursuant to oral and/Or written agreement between such parties regarding service .by facsimile by transmitting , a true copy to the fol.l.owing fax numbers: 120 i 1 TYPE OF ADDRESSES & FAX NUMBER SERVICE (IF APPLICABLE) ) B DAVID ROWAN CHIEF. DEPT, OF. INDLISTR.IAL RELATIONS DIVISION OF APPRENTICESHIP SIDS 455 GOLDrN GATE AVENUE SAN FRANCISCO CA 94102 ROBERT JONES CHXBV COUNSEL,-/ ACTING LAB CbMISSIONER DEPT, OF INDUSTRIAL RELATIONS DIV 0-F L,ABOR STANDARDS ENFORCEMENT 455 GOLDEN CAFE A'V'ENUE, 9TH FLOOR SAN FRANCISCO CA 941b2 E VANESSA L. HOLTON CHIEF COUNSEL - OFFICE OfTHE 'DIRECTOR' - LEldA. r -- - - -- DEPT OF INDUSTRIAL RELATIONS 455 GOLDEN GATE AVENUE 9" FLOOR SAN FRANCISCO CA 94202 A LABOR & WORKFORCE DEV AGENCY ATTN RACHEL VAN PATTEN" 801 K STREET SUITE 2100 SACRAM .FSO CA 95814 B MARIA ROBBINS DEPUI C,gIEp DEM' OF lNmUSTR7:ATa 'RELATIONS DSV OF LABOR STATISTICS '& RESEARCH 455 GOLDEN GATE AVENUE 9" FLOOR SAN FRANCISCO CA 94102 A DERE COSTELrO, CEO CLEANsTRvsT 1537 W. 169" STREET GARDENA, CA 9020 A TRAVIS LANGF ENVXRoXM4NTAL 68RVICES MANAGER CITY OF SANTA CLARITA 23920 VALENCIA BLVD., SUITE 300 SANTA CL,ARITA, CA 91355 ' A PATRICIA GATES, ESQ. ROBERTA D. PERVINS, ESQ.. WEINBERG, ROGER & FE UNFELD 1001 MARINA VILLAGE PARKWAY, SUITE 200 AUWDA, C.A. 94501. . 2 121 t A PAUL S'UPTON, HSQ . Op2gR iNG ENGIINEERS UNION LOCAL 3, AFL-CIO, 1620'S LOOP ItOAD ALAMTMA, CA 94502 .Execute:d. on Febri,,=)' 8,, 2006 at San Francisco, California, I declare under .penalty of perjury under the laws of the Stag of Califomia that the foregoing is true and correct. X,�rina Alexandru 3 122 BACKGROUND & PROJECT SUMMARY 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. Obiectives 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. mn%met Qfeaning Your Environrnmt. (800) 225-7316 x108 1937 W. 169th Street Gardena, CA 90247 123 1 METHODOLOGY Detailed Proiect 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. cleaning Your Envtrdn rri5h: (800) 225-7316 x108 1937 W. 169" Street Gardena, CA 90247 124 METHODOLOGY 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. Al cleaning Your EnvFronmano z2F (800) 225-7316 x108 1937 W. 169th Street Gardena, CA 90247 125 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. U4,8anstreet .4r Cleanl n974 Voar Environment}, (800) 225-7316 x108 F 1937 W. 169th Street Gardena, CA 90247 g P 126 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. Clanning Your Envircrimant. g (800) 225-7316 x108 1937 W. 169th Street Gardena, CA 90247 127 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. —SK Mr. Anderson is a graduate of USC and Southwestern University 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 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. ., =y Cleaning Your Env€P6flmenC = (800) 225-7316 x108 1937 W. 169th Street Gardena, CA 90247 128 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. Gilbert Perez is a highly -skilled street sweeper operator who has been with CieanStreet 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 CieanStreet, and will be to your organization as well. 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. c 3 Glaaning Your Environment. (800) 225-7316 x108 1937 W. 16Wh Street Gardena, CA 90247 129 QUALIFICATIONS 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 Claaning Your Environment (800) 225-7316 x108 1937 W. 169th Street Gardena, CA 90247 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. (This 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 Curb & Linear miles): $ 175,661.72 _ Weekly Route 2 Total (206 Garb & Linear Miles): $ 172499.12 Weekly Route 3 Total (208 Curb & Linear Miles): $ 173.164.16 Weekly Route 4 Total (214 Curb & Linear Miles): $ 17$,275.00 Weekly Extra Sweeps/Call Outs (5.65 miles): $ No Charge Total Annual Cost 699,600.00 54 131 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 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. 'W'ORK DESCRIPTION Cost Per Curb Mile Hourly rate for special sweeps 55 Unit Price . $ 18.00 $ 90.00 Propo'ser's Initials 132 Proposal Amovat (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 Lawfiil Name: QleanStreet Proposees Name: Rick Anderson Proposer's Initials: PROPOSER LiaenscNo. NIA Expiration: N/A PROPOSER. T aye I.D, Number: 95-4147708 Signature: Date: December 2, 2014. PROPOSER Address: 1937 W 169th Street, Gardena, CA 90247 Telephone Number: X800 x2225-7316 x108 Fax Number: ( 31 a53L 8-8015 24 -Hour Emergency Contacts: Pam Madera TclephoneNo,: (310 )415-0627 Name Rick Andersod Name Telephone No.: ( 310 ) 740-1601 Andrew Jacoby Telephone No.:( 310 1740-1650 Name REP W, Proposer's Initials 133 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 govex=ental entity or held such positions in the past twelve months. List below or state "None." None 134 EXHIBIT C CERTIFICATES OF INSURANCE 13CieanStreet PSA 135 —DATEIMMIDD/YYYY) A4C R O..FRT#FtCATE OF LIABiLITY INSURANCE031/30/2017 THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES. BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holier Is an ADDITIONAL INSURED, the Polloy(les) must be endorsed. If SUBROGATION IS WAIVED, subJect to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Marren insurance Services/Global Risk, LLC 1891 N. Gaffey Street, Suite 203 San Pedro, CA 90731 License ROE63455 INSURED NAME: PHONE 310-,514-8425 ARc Roll310-514-8688 Arc o ADDRggg. becky@marron)ns.com INSURER(S) AFFORDING COVERAGE HAIG0 INSURER A; United States Fire Insurance Company 21113 INSURERS: Alaska National Insurance Company 38733 -T9SURERC: CleanStreel, Inc. iNSURERRD- DBA: California StreetMlalntenanes INSURER E: 1937 w 169th Street INSURCR F Gardena, CIA U0247 GUVEKAUr* %+Fr[ 1 Irn.n, c 64-1ucl a.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT kAA7H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY FERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ50T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I „ R is A TYPE OF INSURANCE X COMM URCIALGENERAi.LIASILrrY CLAIMS -MADE � OCCUR A X POLICY NUMBER 506 888208-J PDLICYEP MMtoC1YY 04 01 17 PO IC E P IMMIDD 04101,18 LIMITS EACH OCCURRENCE $ 1,000,000 IIA T $ 1,000,000 MED EYP An one rson) 10,000 PER30NAL&ADV INJURY $ 1,000,000 GENLAGGREGATELkITAPPLIES PER: POLICY [K] JPERO ❑ LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-CMIPI.OP AGO $ 2,0001000 $ A OTHER: AuroMoaaa LtASILITY X ANY AUTO ALLOWTIED SCHEDULED AUTOS AUTOS NUN -OWNED X HIRED AUTOS X AUTOS A 506-888208.8 04!01!17 0411 18 cE Ms ED sl, oLE Iry s 1,000,000 BODILY INJURY (Per F01300$ BODILY INJURY (Par ecc;da01) $ ROPERTY MAGE $ (Par accl ei $ A XUMBRVLLA LIAR EXCE55 LIAB X OCCUR CLAIMS -MADE 523-805724-9 04101/17 04101118 EACH OCCURRENCE a 5,000,000 AGGREGATE $ 6,000,000 DED RETENT! F • _ WORKERS COMPENSATION ANDEMPLOYEAVLiABILITY OFFIC2ROJMEMSERXCLU�ED7 ECUTIVT Y� (Mandatary In NH) er belcW $ B NIA _ 17t7 iNS QaiITO 04!01!17 0'410 118 X � TE Fn . E.LEACH ACOMENr $ 1,000,000 I-]- DISEASE- EA EMPLOYCE $ t,000,000 _ E.L. DISEASE - POLiCYLiMIT $ 1,000,0006r8tRdIPnONuOFdOPERATIONS DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES IACORD 101, Additfonal Remarks Schedule, may ba attached Ir mare apaca Is ruqulmd) The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insured with respect to the subject project and agreement. Any other Insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy. **10 Day notice will apply for non payment of premium." City of Costa Mesa Attn: Marj Erickson Finance Department - Purchasing 77 Fair Drive Costa Mesa, CA 92626 ACORD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED iN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &- enau_hmA ArnRh (InRPCSRATION. All dahts rasorved. The ACORD name and logo are registered marks ofACORD 136 POLICY NUMBER: 506-888208-9 COMMERCIAL GENERAL LIABILITY CLEANSTREET, INC. DBA: CALIFORNIA STREET MAINTENANCE CO20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED -r OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE. PART SCHEDULE k Name Of Addlitioital Insured Person(s) Or Organization(s): .W Locations Of Covered Operations ANY PERSON OR ORGANIZATION WITH WHOM PER CONTRACT YOU HAVE AGREED, THROUGH. WRITTEN ' CONTRACT, AGREEMENT OR PERMIT EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE. Information required to complete this Soheduie, if not shown above, will be shown In the Declarations. A. Section It — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising ,Injury" caused, In whole or in part, by: 1. Your acts or orrtlssions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) desig- nated above, SUCH COVERAGE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHALL BE PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE NON-CONTRIBUTING WITH THE COVERAGE PROVIDED UNDER THIS POLICY. CO 2010 07 04 S. With respect to the Insurance afforded to these additional insureds, the following additional exclu- sions apply. This Insurance does not apply to "bodily injury" or "property damage" occurring after: 1AJ( work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or re- pairs) to be performed by or on behalf of the addl- tlonal insured(s) at the location of the covered op- erations has been completed; or 2.That portion of "your work" out of whlch the Injury or damage arises has been put to Its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing opera- tions for a principal as a part of the same project. 9 fSO Properties, Inc., 2004 137 POLICY NUMBER: 506-888208-9 CLEANSTREET, INC, DBA; CALIFORNIA STREET MAINTENANCE COMMERCIAL GENERAL LIABILITY CG20 10 07 04 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of 44d1tional insttred Persons) Or Organizatlon(s): .� ANY PERSON OR ORGANIZATION WiTH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE, A. Section it — Who is An insures! is amended to include as ar. additional Insured the person(O or organizatlon(s) shown in the Schedule, but only with respect to ilaWlty for "bodily injury", "property damage" or "personal and advertising ,injury" caused, in whale or In part, by: 1, Your acts or orraissions; or 2. The acts or omisslons of those acting on your behalf; in the performance of your ongoing operations for the additional Insured(s) at the iocation(s) dasig- nated above. Of PER CONTRACT n above, will ba shown In the. Declarations. B. With respect to the insurance afforded to these additional insureds, the following additional exelu- sions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1,A0 work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or re- pairs) to be performed by or on behalf of the addl- tlonal insured(s) at the location of the covered op- erations has been completed; or 2.That portion of "your work" out of which the injury or SUCH COVERAGE AS i$ AFFORDED BY THIS damage arises has been put to Its intended use by POLICY FOR THE BENEFIT OF THE ADDITIONAL any person or organization othar than another con- iNSURED SHALL BE PRIMARY ANIS ANY OTHER tractor or subcontractor engaged In performing opera - INSURANCE MAINTAINED BY THE ADDITIONAL tions for a principal as a part of the same project. INSURED SHALL BE NON-CONTRIBUTING WITH THE COVERAGE PROVIDED UNDER THIS POLICY, CG 20 10 07 04 * ISO Properties, Inc,, 2804 138 Clean&met Cleaning Your Environment June 14, 2017 Mr. Bruce Lindemann Maintenance Superintendent 77 Fair Drive Costa Mesa, CA 92626 Dear Mr. Lindemann, ATTACHMENT #3 Email: Bruce. Lindemann6dr costamesaca.gov As per the terms of our street sweeping contract with the City of Costa Mesa, CleanStreet is requesting a CPI increase of 2.6% based upon the period of 2- 2016 to 3-2017. We appreciate your business very much and hope to continue our excellent working relationship for years to come. Please feel free to give me a call if you have any questions or comments. Sincerely, CLEANSTREET Rick, nderson Director of Business Development Cell: (310) 740-1601 Office: (800) 225-7316 x108 ra ndersona-cleanstreet.com 1 93 7 West 169th Street, Gardena, California 90247 (800) 225-7336 CIeanStreet.com E-mail: info@CleanStreet.com Fax: (310) 538-8015 139