HomeMy WebLinkAbout- - RFP Street Sweeping - 10/18/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 18, 2011 ITEM NUMBER:
SUBJECT: STREET SWEEPING SERVICES REQUEST FOR PROPOSAL
DATE: OCTOBER 5, 2011
FROM: OFFICE OF THE CEO
PRESENTATION- BY: THOMAS R. HATCH, CEO
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH @ (714) 754-5328
RECOMMENDATION:
Staff recommends that the City Council authorize staff to release the Request for Proposal
(RFP) for Street Sweeping Services (Attachment 3) based upon the analysis provided by both
the Street Sweeping Services Contracting Committee and Public Services Department.
BACKGROUND/ANALYSIS:
Council Policy 100-6 provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee was formed
and comprised of three segments: Project Responsibility, Department Representative and
Employee Representative. The committee was tasked with the following:
- Hearing a presentation from department representatives and asking questions about the
specific proposal under consideration;
- Working together to outline how to evaluate a comparable City effort to provide the same
or similar service,
- Having the project facilitator draft an analysis addressing the available alternatives for
service delivery as outlined by the committee; and,
- Determining if outside comparative data would be useful.
On September 13, 2011 the Street Sweeping Services Contracting Committee met to discuss
the duties and responsibilities of the Street Sweeping Services program and determine "the
available alternatives for service delivery." After hearing a presentation by department staff and
asking questions, the Contracting Committee determined the following alternatives for the Street
Sweeping Services program:
1. Retain existing service level at existing cost.
2. Retain existing service level at lower cost by reorganization.
3. Lower level of service at a lesser cost.
4. Eliminate some or all of the service provided to the City and Community.
5. Contract with a private provider.
6. Contract with another public entity.
On September 20, 2011 and September 29, 2011, the, Contracting Committee met to discuss,
clarify and finalize the alternatives/options and the draft RFP. The following is an explanation of
the attachments.
Attachment 1, a memo from the Contracting Committee to the City CEO, Tom Hatch, provides
identification and analysis of each alternative and survey information provided by other
agencies.
Attachment 2, a memo from the Interim Public Services Director, Ernesto Munoz, to the City
CEO, Tom Hatch, provides a written evaluation (including pros and cons) of each option
addressed by the Contracting Committee.
Attachment 3, the draft RFP for Street Sweeping Services, prepared by the Public Services
Department and reviewed and finalized by the Contracting Committee.
Based on the attached information it appears that the most viable alternatives are to retain the
existing service level but at a lower cost through reorganization or contracting with either a
public entity or private company for services. It is difficult to determine which of these
alternatives would provide the highest level of service at the lowest cost without issuing an RFP
so that appropriate cost analysis and comparisons in level of service can be made.
A few items should be noted with regard to the draft RFP. While we have identified in the draft
RFP the current level of expected service, we have done so on the assumption that the Council
wishes to retain the existing level of service, whoever provides it. However, the draft also
includes a specific request to proposers to identify "innovative and/or creative approaches for
providing the service that will maximize efficient, cost-effective operations or increase
performance capabilities." This would allow the Council to evaluate either a different level of
service, method of delivery, or other alternative that could maintain or enhance service levels at
a lower overall cost. The RFP also requests proposers to offer information about hiring existing
City employees and possible acquisition of City equipment currently used to perform the
service.
Also note, that employees or groups of employees, who wish to submit a proposal in response
to the RFP, will be permitted to do so. Staff recommends that employees, who wish to submit
bids or responses to RFPs as contract providers, should be advised to do so in compliance with
the RFP requirements and at the same time as other bidders.
i
As directed under Council Policy 100-6, the above is an analysis addressing the available
alternatives for service delivery as outlined by the Street Sweeping Services Contracting
Committee.
ALTERNATIVES CONSIDERED:
The City Council may decide not to release the RFP and direct the CEO to evaluate other
alternatives identified by the Street Sweeping Services Contracting Committee.
FISCAL REVIEW:
The fiscal impact for outsourcing the identified City service is unknown at this time. If the City
Council directs staff to release the RFP a complete analysis of the proposals and the costs for
each will be provided to the City Council at that time.
CONCLUSION:
Staff recommends releasing the RFP for Street Sweeping Services based upon the analysis
provided by both the Street Sweeping Services Contracting Committee and the Public Services
Department.
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Thomas R. Hatch
Chief Executive Officer
Attachment: Attachment 1
Attachment 2
Attachment 3
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Tamara rrkaj
Interim As st t Chief Executive Officer
Contract Committee Analysis Memo
Departmental Analysis
Draft Request for Proposal
Attachment 1
CITY OF COSTA MESA
DEPARTMENT OF ADMINSTRATIVE SERVICES
INTEROFFICE MEMORANDUM
TO: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FROM: TAMARA S. LETOURNEAU, INTERIM ASSISTANT CEO
DATE: OCTOBER 10, 2011
SUBJECT: STREET SWEEPING CONTRACTING COMMITTEE
Council Policy 100-6 provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee should be formed
and comprised of three segments: Project Responsibility, Department Representative and Employee
Representative. The committee is tasked with the following:
• Hearing a presentation from department representatives and asking questions about the specific
proposal under consideration;
• Working together to outline how to evaluate a comparable City effort to provide the same or
similar service;
• Having the project facilitator draft analysis addressing the available alternatives for service
delivery as outlined by the committee; and,
• Determining if outside comparative data would be useful.
On September 13, 2011 the Street Sweeping Contracting Committee met to discuss the duties and
responsibilities of the Street Sweeping program and determine "the available alternatives for service
delivery". After hearing a presentation about the draft RFP by department staff and asking questions,
the Committee determined alternatives for the Street Sweeping program.
On September 20, 2011 the Committee met to further discuss and clarify the draft RFP and
alternatives/options. On September 29, 2011 the Committee met to further discuss and clarify the draft
RFP and alternatives/options.
The following alternatives for contracting street sweeping are described below.
1. Retain existing service level at existing cost.
In the City of Costa Mesa, street sweeping is provided by City staff in the Public Services
Department. Currently, the City sweeps and cleans approximately 400 miles of residential,
commercial and arterial roadway lanes in the City. The current services are provided by 3.5 full-
time equivalent employees. The FY 2011-12 budget includes approximately $634,200 for these
services.
Attachment 1
In the last several years the staffing in this division was reduced by 1.25 positions while the
service level remained the same. The Department addressed this staffing reduction through the
use of part-time staff from other divisions to maintain the current service level.
2. Retain existing service level at lower cost by reorganization.
Described above is the reduction in staffing and reorganization that the Division has
implemented to retain the existing services levels at a lower cost over the last several years.
Further staffing reductions would result in a decrease in service. Thus, the Committee believes
that this is not a viable option at this time.
3. Lower level of service at a lesser cost.
Over a year ago the City changed from a weekly sweeping schedule to a bi-weekly sweeping
schedule. This resulted in a great deal of complaints from the public as well as a decrease in
revenue from street sweeping tickets. As a result of this change and the number of complaints
the City resumed the weekly sweeping schedule.
Implementing this bi-weekly schedule would require three (3) full-time equivalent staff instead
of four (4). Further, the street sweeping signs in the City would have to be changed to reflect the
new schedule. The estimated cost of changing the signs is approximately $75,000. The
complaints generated by the change in service in the past coupled with the minimal net
expenditure savings may not make this a viable option.
4. Eliminate some or all of the service provided to the City and Community.
Local governments are obligated under the Health and Safety Code to keep the streets free of
debris through regular street cleaning programs. Further, the City is also bound by the rules of
National Pollutant Discharge Elimination System (NPDES) to keep debris out of the storm
drains systems through regular street cleaning. There are numerous fines and regulations that
accompany these regulations and the burden of compliance is the City's. Thus, eliminating the
service of sweeping the streets is not an option.
5. Contract with a private provider.
The City could contract with a private provider for the same level of service as is currently
provided. The Committee recognizes that there are other local government agencies across the
country which contract for street sweeping services. It is a best practice to maintain in-house
staff for contract management. The cost to contract out this entire service area is unknown at this
time.
The Committee believes that there is a possibility that implementing this option could result in a
decrease in the current level of customer service provided by City staff because City staff
currently provides other services when they are in the field (e.g. calling in other issues that they
observe such as raised sidewalks, tree issues etc.). In addition, when there is inclement weather
and the streets are not being swept the street sweeping crew is utilized to provide other City
services. Further, response times to address critical and/or emergency issues could be reduced
by utilizing a contractor provider depending upon where the contractor is located at the time of
the incident. However, given these issues the Committee believes that contracting out street
sweeping services is an option that could be considered.
Attachment 1
6. Contract with another public entity.
Another option is for the City to explore working with another public agency to provide street
sweeping services. The efficiencies in this option will be predicated on the proximity of the
other public agency to Costa Mesa. The cost savings that could be achieved with this option is
unknown at this time, but the Committee believes that this is an option that could be explored.
As directed under Council Policy 100-6, the above is an analysis addressing the available alternatives for
service delivery as outlined by the Street Sweeping Contracting Committee. The Committee has also
drafted a Request for Proposal (RFP) should you desire to present this to the City Council.
The Street Sweeping Contract Committee is available should you have any questions or request more
information.
Tamara S. Letourneau
Interim Assistant Chief Executive Officer
Attachment 1
The following cities currently contract out for part or all of their
street sweeping services:
-Anaheim
-Huntington Beach
-Newport Beach
-San Juan Capistrano
-San Clemente
Attachment 2
CITY OF COSTA MESA
Department of Public Services
INTER OFFICE MEMORANDUM
TO: Tom Hatch, Chief Executive Officer
FROM:Ernesto Munoz, Interim Director, Public Services Department
DATE: October 10, 2011
SUBJECT: Analysis of Alternatives Proposed by the Street Sweeping
Contracting Committee
The Public Services Department has reviewed the alternatives for contracting Street
Sweeping Services as outlined in the September 29, 2011 memorandum from the
Contracting Committee. The following analysis is provided for the six alternatives as
requested.
Alternative 1: Retain existing service level at existing cost.
Pros: .Service level remains the same. Allows for flexibility to allocate staff
accordingly. Preserves institutional knowledge,
Cons: The cost associated with maintaining the current level of service and
existing organizational structure is dependent on employment
contracts. Further reductions in staffing levels will not sustain the
existing level of services.
Alternative 2. Retain existing service at lower cost by reorganization
Pros: Reducing level of staff will result in cost savings.
Cons: Reduction in staff level will result in a reduction in level of service,
which will increase the level of resident complaints. No flexibility to
allocate staff in other areas of service to address priorities. Continuing
this service under this alternative will necessitate reducing staffing
levels in other maintenance programs to adequately man sweepers.
Alternative 3. Lower level of service at lesser cost.
Pros: Reducing the level of service will result in costs savings in staffing and
equipment maintenance cost.
Cons: Signage throughout the City would need to be replace with new signs
reflecting the new sweeper schedules, which will result in additional
Attachment 2
cost. Increase in debris on streets, which will result in an increase in
citizen complaints.
Alternative 4. Eliminate some or all of the service provided to the City and
Community
Pros: Short term cost savings.
Cons: Local government agencies are obligated under the Health�and Safety
Code to maintain streets free from debris through regular street
cleaning programs. Fines may be assessed if national and state
regulations are not followed. May be in violation of Title 40 of`the CFR
at Part 122 - EPA Administered Permit Programs: The National
Pollutant Discharge Elimination System.
This o tion is not viable.
Alternative 5. Contract with a private provider
Pros: This option could provide the desired levels of service. Contracts may
be written to require increased levels of service and responsiveness by
the contractor. This alternative will also reduce permanent staffing and
equipment costs. Competitiveness will be assured through the annual
public bid process, resulting in potentially lower costs.
Cons: Lack of institutional knowledge and contract may limit flexibility of
contracted staff to address other functions and responsiveness to
customer complaints may decrease, Will necessitate appropriate staff
to manage and oversee contract, which may reduce cost effectiveness
Alternative 6. Contract with another public entity
Pros: This option could provide the desired levels of service. Potential
reduction in costs for similar services as provided by current
organizational structure. Will reduce permanent staffing and
equipment costs.
Cons: Will necessitate appropriate staff to manage and oversee contract,
which may reduce cost effectiveness. Limits the ability to allocate staff
to other priority areas, and reduce the versatility of having the City's
own staff or managing an on-call contractor.
cc: Tamara Le Tourneau, Interim Assistant CEO
Bobby Young, Finance and IT Director
Attachment 3
REQUEST FOR PROPOSAL
FOR
STREET SWEEPING SERVICES
Public Services Department
CITY OF COSTA MESA
Released on , 2011 -
STREET SWEEPING SERVICES
REQUEST FOR PROPOSAL (RFP)
Dear Proposers:
The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals from a
qualified public entity or private firm, to establish a contract for Street Sweeping Services. The
term is expected to be for five (5) years with up to three (3) one-year options to renew. Longer
Attachment 3 2
initial and extended terms will be considered depending upon the Proposer's submission
regarding use of City facilities and equipment.
1. BACKGROUND
On March 1, 2011, the City Council agreed to move forward with a comprehensive review and
analysis of outsourcing 18 City services, one of which is Street Sweeping Services, as outlined
in the Outsourcing of City Services Council Agenda Report, dated February 24, 2011.
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 $94 million and a total of over $107 million of
fiscal year 2010-2011.
The City of Costa Mesa, incorporated in 1953, has an estimated population of 116,479 and has a
land area of 16.8 square miles. It is located in the southern coastal area of Orange County,
California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach,
Fountain Valley and Irvine.
The City is a "full service city" and provides a wide range of services. These services include:
police and fire protection; animal control; emergency medical aid; building safety regulation and
inspection; street lighting; land use planning and zoning; housing and community development;
maintenance and improvement of streets and related structures; traffic safety maintenance and
improvement; and full range of recreational and cultural programs.
The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County
Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which
is the single largest commercial activity center in the City. The volume of sales generated by
South Coast Plaza, secures its place as the highest volume regional shopping center in the nation.
The City of Costa Mesa is dedicated to providing quality service regarding the cleaning of its
streets
The City prides itself on sustaining full time, dedicated staff working to provide Street Sweeping
and related Services. Due to the current fiscal environment, the City recognizes the need to
search for alternative solutions While providing and maintaining the quality and expertise
necessary to support these services. As such, the City requires a full service street sweeping
company or service to provide a quality level of service.
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP
2011
Deadline for Written Questions .2011
Attachment 3
Responses to Questions Posted on Web
Proposals are Due
Interview (if held)
Approval of Contract
All dates are subject to change at the discretion of the City
3. SCOPE OF WORK
(a) Generally
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2011
2011
Furnish all labor, equipment, materials, and supervision to perform maintenance as described
herein including, but not limited to, the following:
Using a modern mechanical or vacuum street sweeper, thoroughly sweep each improved street,
alley, public parking lot in the City on a frequency as specified in this scope of work and dispose
of collected debris in a legal manner. It is possible for a Proposer to use the City's facilities to
store its street sweepers. Naturally any arrangement will involve the payment to City for the
lease of such space. If Proposer desires to store its street sweepers in the City's facilities, then
that should also be included in the Proposal. See Attachment,4 for City's Street Sweeping Route
Maps. See Attachment B for City's Parking Restriction Locations.
(b) Definitions
a. Curb Mile — measurement of curbing of streets and medians
b. Linear Mile — measurement of actual miles driven in order to satisfactorily, clean
streets to the City standard, which may require multiple passes depending on
condition and width of street
c. Curb -to -Curb — area within the curb limits of the street including medians,
intersections, and street ends
d. Holiday — all days observed by the City as holidays including: New Year's Day,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving (including the following Friday), Christmas Eve & Christmas Day,
New Year's Eve.
e. Inclement Weather — weather conditions that prohibit the effective operation of
sweeping operations, such as heavy rain or winds
f. . Debris — litter, rubbish, leaves, sand, dirt, garbage, and other foreign material
g. Street — all paved dedicated public rights-of-way within the existing or future
corporate limits of the City
Attachment 3
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h. Re -sweep — sweep required when previous sweeps are deemed by the City to be
below standard or when a street or sections of a street are missed during regularly
scheduled operation
L 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.
Attachment 3 5
The Proposer is required to sweep City owned parking lots, including those for City
facilities, parks and parking districts, adjacent to streets along the scheduled route.
Alternative means to sweep locations such as street ends and inaccessible portions of
parking lots will be considered. Alternatives must be included in this proposal and approved by
the Street Superintendent, Traffic Operations Supervisor or other 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
Transportation Manager and if needed, City Council prior to implementation.
The Proposer is required to correct deficiencies within the time specified by the City. Re -
sweeps of the deficient area will be at no additional cost to the City. If noted deficient work has
not been completed, payment for subject deficiency shall be withheld for current billing period
and shall continue to be withheld until deficiency is corrected, without right to retroactive
payments.
The Proposer shall perform 200 curb miles of special sweeping requests in support of
City events for each contract year at the request of the City. These sweeps are not re -sweeps of
an area not swept properly but rather an additional sweep that is not part of the regular schedule.
These may be used to clean before and after a traffic hazards, parades, and similar events, or for
other City needs.
The Proposer shall perform 250 curb miles of inclement weather sweeps for each
contract year at the request of the City. These sweeps are not re -sweeps of an area not swept
properly but are additional sweeps that are not part of the regular schedule.
If, in the judgment of the City, the level of maintenance is less than specified herein,
the City shall, at its option, in addition to or in lieu of other remedies provided herein,
withhold appropriate payment from the Proposer until services are rendered in accordance
with specifications set forth within this document and providing no other arrangements
have been made between the Proposer and the City. Failure to notify of a change and/or
failure to perform an item or work on a scheduled day may result in deduction of payment
for that date or week. Payment will be retained for work not performed until such time as
the work is performed to City standards.
Proposer shall be required to comply with all NPDES Permit requirements, AQMD
requirements (including but not 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 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
Attachment 3 6
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. Time is
of the essence in the performance of services under the approved Agreement.
(f) Supervision of Contract
All work shall meet with the approval of the Director of Public Services or his designee.
There shall be a minimum of one monthly meeting with the Proposer and the City representative
to determine progress. A status report of activities performed and maintenance issues addressed
by the Proposer shall be submitted in writing to the Street Superintendent, Traffic Operations
Supervisor or other assigned City Representative on weekly basis.
Any specific problem area which does not meet the conditions of the specifications set
forth herein and in an approved Agreement shall be called to the attention of the Proposer and if
not corrected, payment to the Proposer will not be made for the deficient or disputed work until
condition is corrected in a satisfactory manner as set forth in the specifications.
(g) Specifications
This Description of the Scope of Work is intended to cover all labor, material and
standards of workmanship, including compliance with all AQMD and NPDES standards, to be
employed in the work called for in the Proposal and in any approved Agreement or reasonably
implied by terms of same. Work or materials of a minor nature which may not be specifically
mentioned, but which may be reasonably assumed as necessary for the completion of this work,
shall be performed by the Proposer as if described in the specifications.
(h) Correspondence
All written correspondence shall be addressed to Richard Simons, Street Superintendent,
City of Costa Mesa, and PO Box 1200, Costa Mesa CA 92628-1200.
(i) Provisions for Extras
No new work of any kind shall be considered an extra unless a separate estimate is given
for said work and the estimate is approved by the City in writing before the work is commenced.
The Proposer will be required in the approved Agreement to provide before and after
photographs of safety items or emergency repairs required by the City. Documentation of
contract compliance may be required at the discretion of the City.
0) Water
The successful Proposer shall contact the Mesa Consolidated Water District and the
Irvine Ranch Water District (Districts) to obtain legal access to water to meet the contract
requirements. The Proposer shall be responsible for all costs associated with the access to and
continued use of water provided by the Districts.
(k) Disposal
Attachment 3 7
The collection, transfer, and/or disposal of all debris collected during the course of all
street sweeping services as specified in this Proposal and an approved Agreement shall be the
responsibility of the Proposer to dispose of in a legal manner that meets all City, State, County of
Orange and Federal laws, regulations, or other applicable statutes. The City of Costa Mesa
assumes no responsibility for any violations, fines, fees or other liability that may arise from
improper debris disposal practices. Disposal at the City Corporation Yard will not be permitted.
The cleaning and maintenance of any street sweeping machine may not take place on City
property or public streets, except as may be included in an approved Agreement allowing use of
the City Yard facilities.
(1) Records and Schedule
The Proposer shall keep accurate records concerning all of his/her employees or agents
and provide the City with names and telephone numbers of emergency contact employees.
The Proposer shall complete a monthly maintenance report indicating work performed
and submit this completed report to the Street Superintendent, Traffic Operations Supervisor or
other assigned City Representative. This report should also contain a description of work
performed, including man-hours, equipment, and any additional work, which the Proposer deems
to be beyond the scope of the contract. Payment for this work will not be authorized unless the
additional work and the costs thereof are first approved by the City. A telephone log will be
submitted monthly of all calls from the City of Costa Mesa Public Services Department and
the City of Costa Mesa Police Department to the Proposer, whether or not those calls
require a request for service, and a description of the action taken from the City call.
The Proposer shall utilize the City's established street sweeping routes and schedules for
all regularly scheduled street sweeping operations, unless otherwise directed. If at the request of
the Proposer, the public or a City department it is necessary to make revisions to any schedule,
the City shall provide a modified schedule to the Proposer a minimum of ten (10) working days
prior to the effective date of the change. This is intended for long-term schedule changes and not
for `special sweeps' or emergencies. The Street Superintendent, Traffic Operations Supervisor
or other authorized City Representative shall approve any changes.
The Proposer shall permit the City to inspect and audit its books and records regarding
City -provided services at any time with reasonable notice.
(m) Emergency Services
The Proposer shall provide the City with a 24-hour emergency telephone number to
contact a Proposer representative authorized to dispatch appropriate equipment and operators
when emergency maintenance conditions occur during hours when the Proposer's normal work
force is not present in the City of City of Costa Mesa. The Proposer shall dispatch equipment to
said emergency within thirty (30) minutes from receiving notification. Failure to do so will
result in a penalty of $200 per occurrence.
(n) Proposer Office
Attachment 3 g
Proposer is required to maintain an office within a one (1) hour response time of the city
limits and provide the office with phone service during normal working hours. During all other
times, a telephone answering service shall be utilized and the answering service shall be capable
of contacting the Proposer by radio or pager. Proposer shall have a maximum response time of
thirty (30) minutes to all emergencies. There will be no storage of equipment or materials on
City property, except as may be expressly provided in any approved Agreement.
(o) Schedules
The Proposer must sweep according to the established schedules and posted parking
restriction unless otherwise approved by the City. Street sweeping must be at an effectiveness
level of 90% or above. The effectiveness level is determined by what percentage of the route is
missed on an annual basis, for any reason. An overall annual effectiveness rating of less than
90% for any route is considered unacceptable and may result in non -renewal of the contract or a
reduction in payment.
A. Annual Schedule
1. Utilizing route information provided by the City, the Proposer shall provide an annual
schedule indicating the time frames when items of work shall be accomplished per the
performance requirements.
2. The Proposer shall complete the schedule for each functional area in a manner which
shall correspond to the weekly sweeping schedule.
3. The annual schedule shall be submitted for City approval within fifteen (15) calendar
days after effective date of the contract.
4. The Proposer shall submit revised schedules when actual performance differs
substantially from planned performance.
B. Monthly Schedule
1. Monthly schedule forms shall be provided by the Proposer indicating the major items
of work to be performed in accordance with the performance requirements and further
delineate the time frames for accomplishment by day of the week and by morning,
afternoon and evening.
2. The Proposer shall complete the schedule for each item of work and each area of work.
3. The initial schedule shall be submitted one week prior to the effective date of the
contract. Thereafter, it shall be submitted monthly on the first Monday of the month for
City approval, prior to scheduling work for the upcoming month.
Attachment 3
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- - 4. Changes to the -schedule- shall be received- by -the Street Superintendent, Traffic
Operations Supervisor or other assigned agent at least twenty-four (24) hours prior to
the scheduled time for the work.
5. Failure to notify of a change and/or failure to perform an item of work on a scheduled
day may result in deduction of payment for that date or week.
The Proposer shall adjust his/her schedule to compensate for all holidays and rainy days.
Maintenance and litter removal shall be scheduled for all holidays.
(p) Performance During Inclement Weather
1. During the periods when inclement weather or Santa Ana wind conditions, prevents
normal operations, the Proposer shall adjust his/her work force as directed by the City
Representative and shall only be paid for sweeping actually done.
2. Failure to adjust the work force to show good progress on the work shall result in
deduction of payments to reflect only the work actually accomplished.
3. The Proposer shall immediately notify the Street Superintendent, Traffic Operations
Supervisor or other assigned agent when the work force has been removed from the job
site due to inclement weather or other reasons.
Attachment 3
Attachment `A'
STREET SWEEPING ROUTE Maps
10
Attachment 3
Insert Route Maps
11
Attachment 3
Attachment `B'
PARKING RESTRICTION LOCATIONS
12
Attachment 3
INSERT PARKING RESTRICTIONS
13
Attachment 3
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
14
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 this rule.
(c) Definitions
For purposes of this rule, the following definitions shall apply:
(1) AFFECTED GOVERNMENTAL AGENCY means any governmental agency in the
District's jurisdiction that owns or leases 15 or more vehicles, including passenger cars, light-
duty trucks, and medium- and heavy-duty on -road vehicles, excluding those exempt as defined
by Rule 1191 paragraph (f) (1).
(2) ALTERNATIVE -FUEL SWEEPER means a sweeper with engine(s) that use compressed or
liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells.
Hybrid -electric and dual -fuel technologies that use diesel fuel are not considered alternative -fuel
technologies for the purposes of this rule.
(3) APPROVED CONTROL DEVICES) is a California Air Resources Board
Attachment 3 15
(GARB) -certified exhaust control device(s) that reduces particulates and possibly other precursor
emissions. To be considered fitted with approved control device(s), all diesel exhaust from the
sweeper, including the auxiliary engine (if applicable) must be vented through such a device(s)
that have been certified by CARB at the time of vehicle purchase.
(4) FLEET OPERATOR is any federal, state, county, city, or governmental department or
agency, any special district such as water, air, sanitation, transit, and school districts, or private
individual firm, association, franchise, contractor, user or owner who provides sweeping services
to a governmental agency that owns or leases 15 or more vehicles, including passenger cars,
light-duty trucks, and medium- and heavy-duty on -road vehicles, excluding those exempt as
defined by Rule 1191 paragraph (f)(1).
(5) GOVERNMENTAL AGENCY include any federal, state, regional, county, city, or
governmental department and agency, and any special district such as water, air, sanitation,
transit, and school districts. See AFFECTED GOVERNMENTAL AGENCY.
(6) LOW -SULFUR DIESEL FUEL means diesel fuel that has a maximum sulfur content of 15
parts per million (ppm). The use of low -sulfur diesel fuel improves the performance of and may
be necessary for the use of advanced exhaust control devices.
(7) PURCHASE OR LEASE means that a purchase or lease contract has been signed by both
parties for a sweeper to be delivered within 1 year of the purchase or lease contract date, which is
the date the contract, is signed by both parties.
(8) SWEEPER means any heavy-duty vehicle with a gross vehicle weight of 14,000 pounds or
more that is permitted to operate on public roads through California Department of Motor
Vehicle registration or the federal government and used for the express purpose of removing
material from paved surfaces, by mechanical means through the action of one or more brooms,
or by suction through a vacuum or regenerative air system or any combination of the above.
(9) SWEEPING OPERATIONS means operations to remove material from paved surfaces using
sweeper(s), as defined by this rule.
(d) Requirements
For Fleet Operators:
(1) Beginning July 1, 2002, a fleet operator shall meet the following conditions for each
individual purchase or lease of a replacement or additional sweeper:
(A) Purchase or lease an alternative -fuel sweeper, OR
(B) Before July 1, 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 a non -alternative fueled sweeper with all applicable approved control
device(s), and
Attachment 3 16
(ii) maintain the approved control device(s) per manufacturer's specifications, and
(iii) if using diesel fuel, fuel the sweeper with low -sulfur diesel fuel only, and
(iv) comply with Rule 1186 without invoking the exemption provision in Rule 1186 paragraph
(i) (3), unless a demonstration is made to the Executive Officer that for solely technical reasons
no certified sweeper, as defined in Rule 1186 paragraph (c) (2) is commercially available.
For Affected Governmental Agencies Contracting for Sweeping Services:
(2) Any affected governmental agency that signs a contract after July 1, 2002 for sweeping
services must:
(A) Contract for sweeping services that use alternative -fuel sweeper(s),
(B) Solicit bids for sweeping operations using alternative -fuel sweepers and if no bids are
submitted:
(i) Contract for non -alternative fueled sweeper(s) and ensure that the sweeper(s) are only fueled
with low -sulfur diesel and outfitted with approved control device(s) that are installed and
maintained per the manufacturer's specifications, and
(ii) Contract for sweeper(s) that comply with Rule 1186 without invoking the exemption
provision in Rule 1186 paragraph (i) (3), unless a demonstration is made to the Executive Officer
that for solely technical reasons no certified sweeper, as defined in Rule 1186 paragraph (c) (2),
is commercially available.
(3) After January 1, 2003, any renewal or extension option of a contract is considered a new
contract that must meet the requirements of paragraph (d)(2).
(e) Technical Infeasibility Certification Criteria and Procedures
(1) Six months prior to the date of purchase or lease of a replacement or additional sweeper, any
fleet operator seeking to comply with subdivision
(d) without purchasing or leasing an alternate -fuel sweeper [i.e., opting to comply with paragraph
(d) (2)], shall demonstrate the technical infeasibility of complying with paragraph (d) (1)
requirements by submitting a signed and dated Technical Infeasibility Certification Request to
the Executive Officer and attest to the accuracy of all statements therein, that shall include:
(A) the name and address of the fleet operator; and
(B) current sweeper fleet composition, including make, model, and a complete description of the
sweepers' dust suppression systems; and
Attachment 3 17
(C) demonstration that no alternative -fuel engine and chassis configuration is commercially
available from any manufacturer for sweeping operations conducted by the fleet operator (only
technical reasons for choosing a given chassis configuration are acceptable),
OR
(D) demonstration that a fueling station for alternative -fuel sweepers
commercially available from any manufacturer for sweeping operations conducted by the fleet
operator is not available within five miles of the vehicle storage or maintenance yards.
(2) Within 90 calendar days of receipt of a completed Technical Infeasibility Certification
Request submitted pursuant to paragraph (e) (1), the Executive Officer will either approve or
disapprove the Request, in writing.
(3) The Executive Officer shall disapprove a Technical Infeasibility Certification Request if it
does not meet the requirements of paragraph (e)(1). If a Technical Infeasibility Certification
Request is disapproved by the Executive Officer:
(A) The reasons for disapproval shall be given to the applicant in writing.
(B) Upon receipt of a notice of a disapproved Technical Infeasibility Certification Request, the
fleet operator shall comply with paragraph (d) (1).
(C) The fleet operator may resubmit a Technical Infeasibility Certification Request at any time
after receiving disapproval notification, but must still comply with paragraph (d) (1) until such
time as the Executive Officer approves a Technical Infeasibility Certification Request under
paragraph (e) (1).
(4) A Technical Infeasibility Certification Request is subject to plan filing and evaluation fees as
described in Rule 306.
(f) Exemptions
(1) The provisions of this rule shall not apply to fleets consisting of evaluation/test vehicles,
provided by or operated by the vehicle manufacturer or manufacturer representative for testing or
evaluation, exclusively.
(2) The provisions of subdivision (d) shall not apply to a sweeper purchase by a fleet operator
that is solely dedicated to serving governmental agencies that are not subject to this rule, upon
demonstration to and approval of the Executive Officer.
(g) Compliance Auditing and Enforcement
(1) At the request of the Executive Officer, the fleet operator shall provide the purchase, lease,
or contract records for their sweepers to demonstrate compliance with subdivision (d).
Attachment 3
18
(2) At the request of the Executive Officer, any fleet operator claiming an exemption under
subdivision (f) shall supply proof that their sweeper or fleet is exempted from this rule.
(h) Severability
If any provision of this rule is held by judicial order to be invalid, or invalid or inapplicable to
any person or circumstance, such order shall not affect the validity of the remainder of this rule,
or the validity or applicability of such provision to other persons or circumstances. In the event
any of the exceptions to this rule is held by judicial order to invalid, the persons or circumstances
covered by the exception shall instead be required to comply with the remainder of this rule.
AQMD Incentive Funding Programs
• Summary of Co -funding Sources
http://www.aqmd.gov/tao/FleetRules/AFVFundingSources.htm
• Mobile Source Emission Reduction Review Committee
htti)://www.cleantransportationfunding.org/
• Carl Moyer Memorial Program Incentives for Purchasing Lower -Emission Heavy -
Duty Engines (ARB website)
htt-p://www.arb.ca.gov/msprog/Moyer/moyer.htm
Other Links for Finding Fueling Stations
httv://www.aqmd.gov/tao/FleetRules/Fuelguides.htm
For more information on the fleet rules, call the FLEET RULE IMPLEMENTATION HOTLINE
at (909) 396-3044 or e-mail fleetrules@aqmd.gov.
Source: http://www.agmd.,gov/tao/FleetRules/11861Sweepers/index htm
Attachment 3 19
4. PROPOSAL FORMAT GUIDELINES
Interested Proposers 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 Application Form and Cover Letter
Complete Appendix A, "Request for Proposal -Vendor Application Form" and attach this
form to the cover letter. A cover letter, not to exceed three pages in length, should
summarize key elements of the proposal. An individual authorized to bind the consultant
must sign the letter. The letter must stipulate that the proposal price will be valid for a period
of at least 180 days. Indicate the address and telephone number of the Proposer'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 done, and the objectives to be accomplished. Refer to Scope of Work of
this RFP.
• Methodologv 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 the Proposer manages projects of the type sought by this RFP; (ii)
methodology for soliciting and documenting views of internal and external
stakeholders; (iii) and any other project management or implementation strategies
or techniques that the respondent intends to employ in carrying out the work.
2. Detailed description of efforts the Proposer will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work" section.
Attachment 3
20
3. Detailed project schedule, identifying all tasks and deliverables to be performed,
durations for each task, and overall time of completion, including a complete
transition plan. Include your plan to deal with fluctuation in service needs and
any associated price adjustments.
4. Detailed description of specific tasks you will require from City staff. Explain
what the respective roles of City staff and your staff would be to complete the
tasks specified in the Scope of Work.
5. Proposers are encouraged to provide additional innovative and/or creative
approaches for providing the service that will maximize efficient, cost-effective
operations or increased performance capabilities. In addition, the City will
consider proposals that offer alternative service delivery means and methods for
the services desired.
6. Firms, public entities and individuals wishing to be considered shall include in
their submissions the steps they will, if selected, implement and adhere to for the
recruitment, hiring and retention of former employees of the City who have been
or may be displaced due to layoff or outsourcing of functions and services
formerly provided by the City.
7. Proposers are also requested to identify any City owned facilities or property
which Proposer would propose to use or lease, purchase, or rent from the City in
connection with the services to be performed, including information about the
terms of any proposed lease, purchase or use of such equipment and facilities, and
how this proposed structure affects the overall cost proposal to the City. In the
case of use of the City Yard property, facilities or equipment, the Proposer must
identify how such use would integrate with and not interfere with City's use of
such facilities or equipment, how Proposer will provide insurance for operations
conducted at the City Yard or using City equipment, how waste streams, water
usage and other operations of Proposer will be separately accounted for.
• Staff=
Provide a list of individual(s) who will be working on this project and indicate the functions
that each will perform and anticipated hours of service of each individual.' Include a resume
for each designated individual.
Upon award and during the contract period, if the Proposer chooses to assign different
personnel to the project, the Proposer must submit their names and qualifications including
information listed above to the City for approval before they begin work.
• Qualifications
1 Hourly rates for the proposed personnel shall be set forth on Appendix D.
Attachment 3
21
The information requested in this section should describe the qualifications of the Proposer,
key staff and sub -contractors performing projects within the past five years that are similar in
size and scope to demonstrate competence to perform these services. Information shall
include:
Names of key staff that participated on named projects and their specific responsibilities with
respect to this scope of work.
A summary of the Proposer's demonstrated capability, including length of time that the
Proposer has provided the services being requested in this Request for Proposal.
For private Proposers, provide at least three references that received similar services from the
Proposer. The City of Costa Mesa reserves the right to contact any of the organizations or
individuals listed. Information provided shall include:
o Client Name
o Project Description
o Project start and end dates
o Client project manager name, telephone number, and e-mail address.
Any public entity which submits a proposal should describe in detail how it currently
performs services like those identified in the scope of work within its or other jurisdictions,
including photographs, written policies and/or video of services provided. If you have
performed these services under contract for another public entity, please provide references
for those entities as set forth above for private Proposers.
• Financial Capacity
Provide the Proposer's latest audited financial statement or other pertinent information such
as internal unaudited financial statements and financial references to allow the City to
reasonably formulate a determination about the financial capacity of the Proposer. Describe
any administrative proceedings, claims, lawsuits, or other exposures pending against the
Proposer.
Fee Proposal
All Proposers are required to use the form in Appendix D to be submitted with their proposal.
Pricing instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Proposals shall be valid for a minimum of 180 days following submission.
• Disclosure
Please disclose any and all past or current business and personal relationships with any
current Costa Mesa elected official, appointed official, City employee, or family member of
any current Costa Mesa elected official, appointed official, or City employee. Any past or
current business relationship may not necessarily disqualify the firm from consideration.
Attachment 3
• Sample Agreement
22
The firm selected by the City will be required to execute an Agreement for Services
(Agreement) with the City. The form of the Agreement is enclosed as Appendix B, but may
be modified to suit the specific services and needs of the City. If a Proposer has any
exceptions or conditions to the Agreement, these must be submitted for consideration
with the proposal. Otherwise, the Proposer will be deemed to have accepted the form of
Agreement. See Section 13, below.
• Checklist of Forms to Accompany Proposal
As a convenience to Proposers, following is a list of the forms, included as appendices to this
RFP, which should be included with proposals
(1) Vendor Application Form
(2) Ex Parte Communications Certificate
(2) Price Proposal Form
(3) Disclosure of Government Positions
(4) Disqualifications Questionnaire
5. PROCESS FOR SUBMITTING PROPOSALS
• Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format
guidelines.
• Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of elaborate
promotional material beyond those sufficient to provide a complete, accurate and reliable
presentation.
• Number of Proposals
Submit one original, Five (5) hard copies plus one disk copy of your proposal in
sufficient detail to allow for thorough evaluation and comparative analysis. In the event
of a conflict between the original and any hard copy or disk copy, the original shall
control.
• Submission of Proposals
Complete written proposals must be submitted in sealed envelopes marked and received
no later than 4.00 p.m. (P.S.T) on , 2011 to the address below.
Attachment 3
23
Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not
be accepted.
City of Costa Mesa
Kimberly Hall Barlow
City Attorney's Office
77 Fair Drive
Costa Mesa, CA 92626
RE: Street Sweeping Services
• Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Richard Amadril, RFP Facilitator
ramadril@ci.costa-mesa.ca.us
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 , 2011. The City reserves the right not to answer
all questions.
From the date that this RFP is issued until a Proposer is selected and the selection is
announced, firms or public entities are not allowed to communicate outside the process
set forth in this RFP with any City employee other than the contracting officer listed
above regarding this RFP. The City reserves the right to reject any proposal for violation
of this provision. No questions other than written will be accepted, and no response other
than written will be binding upon the City.
• Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any
services, including costs of responding to this RFP. 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.
Attachment 3
6. EVALUATION CRITERIA
24
The City's evaluation and selection process will be conducted in accordance with Chapter V,
Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest
responsible bidder will be determined based on evaluation of qualitative factors in addition to
price. At all times during the evaluation process, the following criteria will be used. Sub -criteria
are not necessarily listed in order of importance. Additional sub criteria that logically fit within a
particular evaluation criteria may also be considered even if not specified below.
1. Qualifications of Proposer and Key Personnel -------25%
Includes ability to provide the requested scope of services, the Proposer's financial
capacity, recent experience conducting work of similar scope, complexity, and magnitude
for other public agencies of similar size, references.
2. Approach to Providing the Requested Scope of Services -------10%
Includes an understanding of the RFP and of the project's scope of services, knowledge of
applicable laws and regulations related to the scope of services.
3. Price Proposal -----50%
Price Proposals will be evaluated on the basis of the Total Estimated Annual Price
submitted in Appendix D.
4. Innovative and/or creative approaches to providing the services that provide
additional efficiencies or increased performance capabilities. ----15%
7. EVALUATION OF PROPOSALS AND SELECTION PROCESS
In accordance with its Municipal Code, the City will adhere to the following procedures in
evaluating proposals. An Evaluation/Selection Committee (Committee), which may include
members of the City's staff and possibly one or more outside experts, will screen and review all
proposals according to the weighted criteria set forth above. While price is one basic factor for
award, it is not the sole consideration.
A. Responsiveness Screening
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject
as non-responsive any proposal that does not include the documents required to be
submitted by this RFP. At any time during the evaluation process, the City reserves the
right to request clarifications or additional information from any or all Proposers
regarding their proposals.
B. Initial Proposal Review
Attachment 3
25
The Committee will initially review and score all responsive written proposals based
upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's
references. Proposals that receive the highest evaluation scores may be invited to the
next stage of the evaluation process. The City may reject any proposal in which a
Proposer's approach, qualifications, or price is not considered acceptable by the City. An
unacceptable proposal is one that would have to be substantially rewritten to make it
acceptable. The City may conclude the evaluation process at this point and recommend
award to the lowest responsible bidder. Alternatively, the City may elect to negotiate
directly with one or more Proposers to obtain the best result for the City prior to making a
recommendation or selection.
C. Interviews, Reference Checks, Revised Proposals, Discussions
Following the initial screening and review of proposals, the Proposers included in this
stage of the evaluation process may be invited to participate in an oral interview.
Interviews, if held, are tentatively scheduled for , 2011 and will be
conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. This
date is subject to change. The individual(s) from Proposer that will be directly
responsible for carrying out the contract, if awarded, should be present at the oral
interview. The oral interview may, but is not required to, use a written question/answer
format for the purpose of clarifying the intent of any portions of the proposal.
In addition to conducting an oral interview, the City may during this stage of the
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 deemed
pertinent to the evaluation process.
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
Attachment 3
M
terminate negotiations and commence negotiations with the next highest scoring Proposer
or withdraw the RFP.
8. PROTEST PROCEDURES
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests
based upon restrictive specifications or alleged improprieties in the proposal procedure which are
apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in
writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of
proposals. The protest must clearly specify in writing the grounds and evidence on which the
protest is based.
Protests based upon alleged improprieties that are not apparent or which could not reasonably
have been discovered prior to submission date of the proposals, such as disputes over the staff
recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within
forty-eight hours from receipt of the notice from the City advising of staff's recommendation for
award of contract. The protest must clearly specify in writing the grounds and evidence on which
the protest is based. The RFP Facilitator will respond to the protest in writing at least three days
prior to the meeting at which staff's recommendation to the City Council will be considered.
Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at
the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to
the scheduled meeting.
9. CONFIDENTIALITY
The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public
access to government records. Therefore, unless information is exempt from disclosure by law,
the content of any request for explanation, exception, or substitution, response to this RFP,
protest, or any other written communication between the City and Proposer, shall be available to
the public. The City intends to release all public portions of the proposals following the
evaluation process at such time as a recommendation is made to the City Council. .
If Proposer believes any communication contains trade secrets or other proprietary information
that the Proposer believes would cause substantial injury to the Proposer's competitive position
if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary
information by marking each page containing such proprietary information as confidential.
Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as
confidential.
Submission of a proposal shall indicate that, if Proposer requests that the City withhold from
disclosure information identified as confidential, and the City complies with the Proposer's
request, Proposer shall assume all responsibility for any challenges resulting from the non-
disclosure, indemnify and hold harmless the City from and against all damages (including but
not limited to attorney's fees that may be awarded to the party requesting the Proposer
information), and pay any and all costs and expenses related to the withholding of Proposer
information. Proposer shall not make a claim, sue, or maintain any legal action against the City
or its directors, officers, employees, or agents concerning the disclosure, or withholding from
Attachment 3 27
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. EX PARTE COMMUNICATIONS
Proposers and Proposers' representatives should not communicate with the City Council
members about this RFP. In addition, Proposers and Proposers' representatives should not
communicate outside the procedures set forth in this RFP with an officer, employee or agent of
the City, including any member of the evaluation panel, with the exception of the RFP
Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives
are not prohibited, however, from making oral statements or presentations in public to one or
more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,
directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's
proposal, and any individual or entity who has been requested by the Proposer to contact the City
on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix
C) with their proposals certifying that they have not had or directed prohibited communications
as described in this section.
11. CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not
acquire any interest which would present a conflict of interest under California Government
Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under
any Agreement awarded. The Proposer fiuther covenants that it will not knowingly employ any
person having such an interest in the performance of any Agreement awarded. Violation of this
provision may result in any Agreement awarded being deemed void and unenforceable.
12. DISCLOSURE OF GOVERNMENTAL POSITION
In order to analyze possible conflicts 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 term of the contract. Each Proposer shall disclose
whether any owner or employee of the firm currently hold positions as elected or appointed
officials, directors, officers, or employees of a governmental entity or held such positions in the
past twelve months using the attached "Disclosure of Government Positions Form." (See
Appendix F.)
13 CONDITIONS TO AGREEMENT, IF ANY.
The selected Proposer will execute an Agreement for Services with the City describing the Scope
of Services to be performed, the schedule for completion of the services, compensation, and
other pertinent provisions. The contract shall follow the sample form of Agreement provided as
Attachment 3 28
Appendix B to this RFP, which may be modified by City. All Proposers are directed to
particularly review the indemnification and insurance requirements set forth in the sample
Agreement.
The terms of the agreement, including insurance requirements have been mandated by the
City and can be modified only if extraordinary circumstances exist. Submittal of a proposal
shall be deemed acceptance of all the terms set forth in this RFP and the sample Agreement for
Services unless the Proposer includes with its proposal, in writing, any conditions or exceptions
requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code,
the City may consider the scope and number of conditions in evaluation proposals and
determining the lowest responsible bidder.
14. DISQUALIFICATION QUESTIONNAIRE
Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire
inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has
a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise
prevented from proposing on, or completing a federal, state, or local government project because
of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may
be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been
disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state,
or local project because of a violation of law or a safety regulation. See Appendix E.
15. STANDARD TERMS AND CONDITIONS
Amendments
The City reserves the right to amend or supplement this RFP prior to the proposal due date. All
amendments and additional information will be posted to the Costa Mesa Procurement Registry,
Costa Mesa - Official City Web Site - Business - Bids & RFP's; Proposers should check this web
page daily for new information.
Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the Proposer. All proposals
submitted become the property of the City.
Insurance Requirements
City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not
a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a
permit or contract. Within ten (10) consecutive calendar days of award of contract, successful
Proposer must furnish the City with the Certificates of Insurance proving coverage as specified
within Appendix B.
Attachment 3
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Attachment 3
TYPE OF APPLICANT:
REQUEST FOR PROPOSAL
Street Sweeping Services
VENDOR APPLICATION FORM
❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E -Mail Address:
Phone:
Contact Person for Proposals:
Title:
Business Telephone:
Is your business: (check one)
❑ NON PROFIT CORPORATION
Is your business: (check one)
❑ CORPORATION
❑ INDIVIDUAL
❑ PARTNERSHIP
Fax:
E -Mail Address:
Business Fax:
❑ FOR PROFIT CORPORATION
❑ LIMITED LIABILITY PARTNERSHIP
❑ SOLE PROPRIETORSHIP
❑ UNINCORPORATED ASSOCIATION
30
Attachment 3
31
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names
Federal Tax Identification Number:
City of Costa Mesa Business License Number:
Title Phone
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date:
Attachment 3
32
Attachment 3
PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
33
THIS AGREEMENT is made and entered into this day of, 2011 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
consultant, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant as described herein below;
and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
necessary to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (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 California Government Code, Sections 1090-1092, 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
Consultant's Proposal (the "Proposal"). A copy of said Proposal is attached hereto as Exhibit
"A" and 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. It .is understood that in the exercise of every aspect of its role, within the
scope of work, consultant will be representing the City, and all of its actions, communications, or
other work, during its employment, under this contract is under the direction of the City.
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.
Attachment 3 34
1.3. 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.
1.4 Performance Bond. A performance bonds shall be required to be issued to ensure
Consultant's performance under this Agreement. The amount of the performance bond shall be
$ and shall be issued by an admitted surety insurer as defined by the Code of
Civil Procedure Section 995.120.
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. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
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.
2.0. COMPENSATION AND BILLING
2.1. Compensation. [TBD]
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the 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.
2.3. Method of Billing. Consultant may submit invoices to City's affected supervisor
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 Consultants' services which have been completed to City's sole
Attachment 3 35
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 and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
per'• ,
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of three year, unless previously terminated as provided herein or as otherwise agreed to in
writing by the parties. At the end of the term period, the City may determine, in its sole
discretion, to exercise an option to renew the contract for up to two periods of one (1) year each.
The City shall give notice to Consultant of its intention to exercise such option at least '30 days
prior to expiration of the base, or option, term.
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.
Attachment 3
36
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, inmate
intake reports and logs 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 and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than Three Million Dollars ($3,000,000.00), combined
single limits, per occurrence and aggregate.
(b) 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 and aggregate.
(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 and to require each of its
subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. 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 comprehensive general liability insurance 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, agents, and employees are additional insureds
with respect to this subject project and contract with City."
Attachment 3 37
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
this policy."
5.3 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.
5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his 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.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Attachment 3 38
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:
Consultant
12345 Jefferson Rd.
Costa Mesa, CA 92626
Tel: 555-555-5555
Fax: 555-555-5555
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-5156
Fax: 714-754-5330
Attn: Purchasing
6.5. Drug-free Workplace Policy. Consultant shall provide adrug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"B" 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
Attachment 3 39
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:
To the fullest extent permitted by law, the Consultant assumes liability for and shall save
and protect, hold harmless, indemnify, and defend the City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "Indemnitees")
from and against all claims, suits, demands, damages, losses, expenses, and liabilities of any kind
whatsoever (all the foregoing, hereinafter collectively "Claims") including, without limitation,
attorneys' fees, arising out of, resulting from, relating to, or claimed to have arisen out of,
resulted from or related to the engagement of Consultant or the performance of this Agreement
by the Consultant (including its subcontractors and suppliers)
It is expressly intended by the parties that Consultant's indemnity and defense obligations shall
apply, and Indemnitees shall be fully indemnified without offset, deduction or contribution,
regardless of any negligence or other fault of Indemnitees, or any of them, and whether or not
such Indemnitee negligence or other fault caused or contributed to the arising of the Claims.
"Claims" as used in this section shall include, without limitation, those for personal injuries,
wrongful death, mental or emotional distress, loss of consortium, damage to or loss of use of
real, personal or intangible property of any kind, loss of income, loss of earning capacity, and
business, financial, commercial or pecuniary losses of any kind whatsoever, and attorneys fees,
and costs and expenses of any kind whatsoever.
Consultant's indemnity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
The Consultant's indemnity and defense obligation under this Section includes, without
limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising from
allegations of violations of any federal, State, or local law or regulation, and from allegations of
violations of Consultant's or its subcontractor's personnel practices or from any allegation of an
injury to an employee of the Consultant or subcontractor performing work or labor necessary to
carry out the provisions of this Contract.
The indemnification obligations in this Section shall not be construed to negate, abridge or
otherwise reduce any other obligation of indemnity the Consultant may have with respect to the
City which may otherwise exist. If any judgment is rendered against the City or any of the other
individuals enumerated above in any such action, the Consultant shall, at its expense, satisfy and
Attachment 3 40
discharge the same. This indemnification shall survive termination or expiration of this
Agreement.
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 secure, at his 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.
6.11 PERS Eliaibilit�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.
6.12. 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.
6.13. Confidentiality: Any City materials to which the Consultant has access,
information that reasonably might be construed as private or containing personal identifiable
information, or materials prepared by the Consultant during the course of this Agreement
(collectively referred to as "confidential information") shall be held in confidence by the
Consultant, who shall exercise all reasonable precautions to prevent the disclosure of
Attachment 3 41
confidential information to anyone except the officers, employees and agents of the Consultant
as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall
not release any reports, information, private or promotional information or materials, whether
deemed confidential or not, to any third party without the approval of the City.
6.14. 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.
6.15. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.16. 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 the Proposal, 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 Proposal.
6.17. Costs: Each parry 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.
6.18. 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.
6.19 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.
6.20. 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.
6.21. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
Attachment 3 42
6.22. 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.
6.23. 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 as 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.
6.24. 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.
6.25. 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.
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:
City Manager of Costa Mesa
Attachment 3
CONSULTANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Risk Management
43
Attachment 3
APPROVED AS TO CONTENT:
Date:
Project Manager
Attachment 3
EXHIBIT A
CONSULTANT'S PROPOSAL
Attachment 3
EXHIBIT B
CITY COUNCIL POLICY 100-5
M.
Attachment 3
47
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted
November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-
free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a
variety of programs, is required to abide by this Act. The City Council has expressed its support of the
national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of
a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free
community. This policy is intended to extend that effort to contractors and grantees of the City of Costa
Mesa in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds
from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the
following provisions are included in all contracts and agreements entered into by the City of Costa
Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in Contractor's
and/or sub -grantee's workplace, specifically the job site or location included in this
contract, and specifying the actions that will be taken against the employees for
violation of such prohibition;
b. Establishing a Drug -Free Awareness Program to inform employees about:
Attachment 3
1. The dangers of drug abuse in the workplace;
Attachment 3
49
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
2. Contractor's and/or sub -grantee's policy. of maintaining a drug-free
workplace;
3. Any available drug counseling, rehabilitation and employee assistance
programs; and
4. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after
such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such
conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health agency, law enforcement, or other
appropriate agency;
Attachment 3 50
3. Making a good faith effort to maintain a drug-free workplace through
implementation of subparagraphs 1 A through 1 F, inclusive.
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation of
subparagraphs 1 A through 1 F, inclusive
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of
Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant
to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject
to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final
decision under this section requiring debarment of a contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant
from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years.
Upon issuance of any final decision recommending against debarment of the contractor and/or
sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided
by law.
Attachment 3
EXHIBIT C
CERTIFICATES OF INSURANCE
51
Attachment 3
52
Attachment 3
EX PARTE COMMUNICATIONS CERTIFICATION
53
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer's representatives have not had any communication with a
City Councilmember concerning the Street Sweeping Services RFP at any time after
, 2011
I certify that Proposer or Proposer's representatives have communicated after August 15, 2011
with a City Councilmember concerning the Street Sweeping Services RFP. A copy of all such
communications is attached to this form for public distribution.
Attachment 3
54
Attachment 3
PRICING PROPOSAL FORM
STREET SWEEPING SERVICES
55
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 the Proposer'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
(Weekly)
Cost
Total Annual Cost
(Twice monthly)
Weekly Route
1 Total
(211
Curb &
Linear miles):
$
$
Weekly Route
2 Total
(206
Curb &
Linear Miles):
$
$
Weekly Route
3 Total
(208
Curb &
Linear Miles):
$
$
Weekly Route
4 Total
(214
Curb &
Linear Miles):
$
$
Weekly Extra
Sweeps/Call Outs (12
miles):
$
$
Attachment 3
TotalAnnual Cost $ $
56
Attachment 3
57
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.
WORK DESCRIPTION
Cost Per Curb Mile
Unit Price
Hourly rate for special sweeps 1 $
Proposer's Initials
Attachment 3 58
C. Proposal Schedule
(Please Type or Print)
Total Bid Amount:
• In written words
• In figures $
CONTRACTOR Lawful Name:
Proposer's Name:
PROPOSER License No.
Proposer's Initials:
Expiration:
PROPOSER Taxpayer I.D. Number:
Signature: Date:
PROPOSER Address:
Telephone Number:
Fax Number:
24 -Hour Emergency Contacts:
Name
Name
Name
Telephone No.: (
Telephone No.: ( )
Telephone No.: ( )
Proposer's Initials
Attachment 3 59
The Proposer agrees that the City will not be held responsible if any of the approximate
quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any
claim for damages or for loss of profits because of a difference between the quantities of the
various classes of work as estimated and the work actually done. If any error, omission or
misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract
or release the Proposer from the execution and completion of the whole or part of the work
herein specified, in accordance with the specifications and the plans herein mentioned and the
prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or
liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided
for in this contract.
The Proposer agrees that the City shall have the right to increase or decrease the quantity of any
item or portion of the work or to omit portions of the work as may be deemed necessary or
expedient, and that the payment for incidental items or work, not separately provided in the
proposal shall be considered included in the price bid for other various items or work.
Proposer's Initials
Respectfully submitted,
City State Zip Residence Phone
Number
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:
Attachment 3 60
Can Sign Must Sign
Name
❑
❑
Name
❑
❑
Name
❑
❑
If the proposal is by a partnership or a joint venture, state the names and addresses of all general
partners and joint ventures.
❑ Partnership or Joint Ventures Taxpayer I.D. Number:
Name
Address
Name
Address
If the Proposer is a sole proprietorship or another entity that does business under a fictitious
name, the Proposer shall be in the real name of the Proposer with a designation following
showing "DBA (the fictitious name)"; provided, however, no fictitious name shall be used unless
there is a current registration with the Orange County Recorder.
The full names and residences of all persons and parties interested in the foregoing proposal, as
principals, are as follows:
NOTE: Give first and last names in full; in case of corporation, give names of President,
Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint
ventures, give names of all the individual members.
Proposer's Initials
Attachment 3
Proposer shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Proposer's SiLynature
61
Attachment 3
|
6
Attachment 3
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
63
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Attachment 3
M,
Attachment 3
DISCLOSURE OF GOVERNMENT POSITIONS
65
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."