HomeMy WebLinkAbout04. Bus Stop Maintenance - Award ContractI
Bus Stop Maintenance Contract
September 23; 2014
• Steam clean /pressure wash all bus stop furniture (trash /bench) and hardscapes, for the
removal of gum, grease, and stains, once a month.
• i
Additional as needed bus stop maintenance.
On August 18, 2014, staff received three proposals with bids ranging from $97,654 to $206,700.
Nationwide Environmental Services (Nationwide) submitted the lowest base bid in the amount of
$97,654. Nationwide has been providing similar satisfactory maintenance services for the cities
of Norwalk, Montebello, Rancho Palos Verdes, Bell, Lynwood, and Pico Rivera. Due to
favorable bid staff proposes to use the services of Nationwide for additional related
maintenance services up to the City's approved 201412015 Budget of $104,000.
Therefore, staff recommends that the City Council award the maintenance services contract in
the amount not to exceed $104,000 to Nationwide for the maintenance of 157 bus stops and
extra work within the approved budget of $104,000. The Agreement provides for maintenance
services to begin on October 1, 2014 and end September 30, 2017 with an option of additional
two "years contingent upon City Manager's approval, The proposed pricing for services provided
for the initial three year term will be retained. Each October 1St beginning with fiscal year 2017-
18 through fiscal year 2018 -19, the rates will increase pursuant to the Consumer Price Index for
All Urban Consumers (CPI -U) in the Los Angeles- Riverside - Orange, CA region as published by s
the United States Department of Labor, Bureau of Labor Statistics.
Public Works maintenance staff will continue to maintain the bus stops locations consisting of a
sign post only as well as the Transit Depot area.
FISCAL IMPACT r
There are funds in the approved FY 2014 -2015 budget, Account No. 55 -4 -6240 ($78,000) and
52 -4 -6225 ($26;000), to cover the bus stop maintenance services up to $104,000: This project
is funded by Prop A funds.
Attachments:
s Maintenance Service Agreement
* 'Bid Tabulation Sheet
2
CITY OF DOWNEY
MAINTENANCE SERVICES AGREEMENT
WITH JOE'S SWEEPING, INC., dba NATIONWIDE ENVIRONMENTAL SERVICES FOR
BUS STOP MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 1st day of October, 2014 by and
between the City of Downey, a California municipal corporation and charter city with its
principal place of business at 11111 Brookshire Avenue, Downey California 90241 ( "City ")
and Joe's Sweeping, Inc., dba Nationwide Environmental Services, a California
corporation, with its principal place of business at 11914 Front Street, Norwalk, CA 90650,
( "Contractor "). City and Contractor are sometimes individually referred to as "Party' and
collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
bus stop maintenance services required by City on the terms and conditions set forth in this
Agreement. Contractor represents that it has demonstrated competence and experience in
providing bus stop maintenance services to public clients and is familiar with the City's scope
of work.
2.2 Project.
City desires to engage Contractor to render such services for citywide bus stop
maintenance services ( "Project ") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3. 1.1 General Scope of Services. Contractor promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the bus stop maintenance services ( "Services ").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall commence on October 1, 2014
and terminate on September 30, 2017, unless earlier terminated as provided herein. The
term may be extended for up to two additional one -year terms upon written approval by the
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City Manager. Contractor shall complete the Services within the term of this Agreement, and
shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates: Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of
this Agreement. City retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others
during the term of this Agreement. Any additional personnel performing the Services under
this Agreement on behalf of Contractor shall also not be employees of City and shall at all
times be under Contractor's exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of
Services under this Agreement and as required by law. Contractor shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance,
and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the scope of work for
the bus stop locations listed as set forth in Exhibit "A" attached hereto and incorporated
herein by reference. Contractor represents that it has the technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate Contractor's
conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services. The parties acknowledge that the
Schedule of Services may be amended by mutual agreement due to changes in
circumstances, including changes in the performance schedules of other third parties
performing work for the City on the Project, which affect the timing of Contractor's
performance of the Services.
3.2.3 Conformance to Applicable Requirements. All work performed by
Contractor shall be subject to the approval of City.
3.2.4 f Reserved.l
3.2.5 City's Representative. The City hereby designates the Director of Public
Works, or his designee, to act as its representative for the performance of this Agreement
( "City's Representative "). City's Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Contractor shall not accept direction or orders from
any person other than the City's Representative or his designee.
3.2.6 Contractor's Representative. Contractor hereby designates Ani
Samuelian, or her designee, to act as its representative for the performance of this
Agreement ( "Contractor's Representative "). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, contractors and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the calling
necessary to perform the Services. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Contractor represents that it, its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in the
indemnification provisions of this Agreement, Contractor shall perform, at its own cost and
expense and without reimbursement from the City, any services necessary to correct errors
or omissions which are caused by the Contractor's failure to comply with the standard of care
provided for herein. Any employee of the Contractor or its sub - contractors who is determined
by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of
the Project, a threat to the safety of persons or property, or any employee who fails or refuses
to perform the Services in a manner consistent with the standard of care set forth herein,
shall be promptly removed from the Project by the Contractor and shall not be re- employed to
perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and
perform the scope of services in compliance with all applicable local, state and federal laws,
rules and regulations in force at the time the Services are performed by Contractor and in any
manner affecting the performance of the Project or the Services, including but not limited to
all applicable Cal /OSHA requirements, and shall give all notices required by law. Contractor
shall be liable for all violations of such laws and regulations in connection with Services. If
the Contractor performs any work contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations. Contractor's violation of such laws, rules and regulations
shall also constitute a material breach of this Agreement.
In addition, Contractor shall perform the Scope of Services, in compliance with NPDES
Permit requirements as described in Exhibit "A ".
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Contractor shall not commence the
Services under this Agreement until it has provided evidence satisfactory to the City that it
has secured all insurance required under this section. In addition, Contractor shall not allow
any subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under this
section.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Contractor, its agents, representatives, employees or
subcontractors. Contractor shall also require all of its subcontractors to procure and maintain
the same insurance for the duration of the Agreement. Such insurance shall meet at least the
following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability. Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any
auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation
insurance as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to
this Agreement/location or the general aggregate limit shall be twice the required occurrence
limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage;
and (3) Workers' Compensation and Employer's Liability., Workers' Compensation limits as
required by the Labor Code of the State of California. Employer's Liability limits of
$2,000,000 per accident for bodily injury or disease.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms supplied
or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the Services or operations
performed by or on behalf of the Contractor, including materials, parts or equipment furnished
in connection with such work; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled
underlying coverage. Any insurance or self- insurance maintained by the City, its directors,
officials, officers, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by
the City, its directors, officials, officers, employees, agents and volunteers shall be excess of
the Contractor's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City; and (B) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect coverage
provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds: No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self- insured retentions must be declared to and approved by the City.
Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce
or eliminate such deductibles or self- insured retentions as respects the City, its directors,
officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a
bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than ANN, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on
its behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at
any time.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life- saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.2.12 Bonds.
A. Contractor shall furnish the following bond: A Faithful Performance Bond in an
amount equal to One Hundred percent (100 %) of the Contract price for the term
of this Agreement in the form attached hereto as Exhibit "C ".
B. All such bonds shall be accompanied by a power of attorney from the surety
company authorizing the person executing the bond to sign on behalf of the
company. If the bonds are executed outside the State of California, a California
representative of the surety must countersign all copies of the bonds. The
signature of the person executing the bond shall be acknowledged by a Notary
Public as the signature of the person designated in the power of attorney.
C. The surety or sureties on all bonds furnished must be satisfactory to the City.
City will reject surety bonds obtained from any company which is not an admitted
surety insurer under the laws of the State of California and which does not hold a
Certificate of Authority from the U.S. Secretary of the Treasury under 31 U.S.C.
as an acceptable surety on Federal bonds. The surety must also be listed in the
latest edition of U.S. Department of Treasury Circular 570, and the bonds
provided must not exceed the surety's bonding limitations as set forth in Circular
570.
D. If, during the continuance of the Contract, any of the sureties, in the opinion of the
City, are or become non - responsible or otherwise unacceptable to City, City may
require other new or additional sureties, which the Contractor shall furnish to the
satisfaction of City within ten (10) days after notice, and in default thereof the
C
Contract may be suspended and the materials may be purchased or the work
completed as provided in Article 5 herein.
E. No modifications or alterations made in the work to be performed under the
Contract or the time of performance shall operate to release any surety from
liability on any bond or bonds required to be given herein. The surety shall waive
notice of such events.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation for all Services
rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. The total compensation shall not exceed One Hundred
Four Thousand Dollars and 00/100 ($104,000.00) without written approval of the City. Said
Compensation includes $97,654 for base bids and the remaining $6,346.00 for Extra Work.
The Contractor hereby agrees to retain the same compensation rates through September 30,
2017. If this Agreement is extended beyond September 30, 2017, the rates in Exhibit "B"
shall be increased on October 1, 2017 and October 1, 2018 by a rate equal to the percentage
increase for August 1 of the prior year in the Consumer Price Index ( "CPI ") for all Urban
Consumers in the Los Angeles- Riverside- Orange County region as published by the U.S.
Department of Labor and Bureau of Labor Statistics.
Extra Work may be authorized, as described below, and if authorized, said Extra Work will be
compensated at the rates and manner set forth in this Agreement. The City reserves the right
to modify service level for all stops, and may increase or decrease service accordingly.
Compensation will be adjusted accordingly based on the compensation schedule rates, per
occurrence.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed rendered by Contractor. The statement
shall describe the amount of Services provided since the initial commencement date, or since
the start of the subsequent billing periods, as appropriate, through the date of the statement.
City shall, within thirty (30) days of receiving such statement, review the statement and pay
all approved charges thereon.
3.3.3 [Reserved.l
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for increased bus stop maintenance
activity /frequency or for added bus stop locations. Contractor shall not perform, nor be
compensated for, Extra Work without written authorization from City's Representative.
Contractor shall be compensated for Extra Work at the rates set forth in Exhibit "B ".
3.4 Accounting Records,
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time either for cause or
for the City's convenience and without cause by giving written notice to Contractor of such
termination, and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. Contractor may only terminate this Agreement for cause
upon giving the City not less than thirty (30) calendar days' written notice.
Upon termination, Contractor shall be compensated only for those services which have
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following termination pay the
Contractor for all services adequately rendered and all reimbursable costs incurred by
Contractor up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
• Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
• Suspension of the Project or the Contractor's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
• Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 [Reserved.]
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor:
C ity:
Nationwide Environmental Services
11914 Front Street
Norwalk, CA 90650
Phone: (562) 860-0604
Fax: (562) 868-5726
Attn: Ani Samuelian, Vice President
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923 -6388
Attn: City Manager
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty -
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3 [Reserved.
3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non - prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification. Contractor shall defend (with counsel acceptable to
City), indemnify and hold the City, its officials, officers, employees, volunteers and agents
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged negligent acts, errors,
omissions or willful misconduct of Contractor, its officials, officers, employees, agents,
contractors and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Contractor shall defend, at Contractor's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered against
City or its directors, officials, officers, employees, agents or volunteers, in any such suit,
action or other legal proceeding. Contractor shall reimburse City and its directors, officials,
officers, employees, agents and /or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, and agents or volunteers.
Contractor shall not be obligated to defend, indemnify or hold the City harmless in any
manner whatsoever for any claims or liability arising solely out of the City's own negligent
acts, errors or omissions or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5. 10 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
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any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction References Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Contractor include all personnel, employees,
agents, and subcontractors of Contractor, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunitv Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
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layoff or termination. Contractor shall also comply with all relevant provisions of any City
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to
proceed, the provisions of this Agreement will govern and control
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF DOWNEY,
a California municipal corporation
and charter city
By: By.
Fernando Vasquez
Mayor
Its:
12
Joe's Sweeping, Inc., dba Nationwide
Environmental Services
Vice President
Attest:
City Clerk
Approved as to Form:
City Attorney
Attest:
13
Secretary
Approved as to Form:
Legal Counsel
EXHIBIT "A"
SCOPE OF SERVICES
Maintenance Services to be provided include:
• 157 Bus Stops - include benches, signs and trash receptacle:
Once a week (weekdays only) - Remove all surface graffiti, stickers, and markings
from all bus stop areas. Bus stop areas include all benches, schedule cylinders, signs,
trash receptacles, sidewalks, and curb areas. Collect all trash /debris found at site,
including on bench /floor. All trash collected at the bus stop should be deposited into
receptacle at site, if any. If no receptacle at stop or if the trash /debris does not fit into
existing container, such trash should be collected and removed, and disposed of at the
City maintenance yard located at 12324 Bellflower Blvd. DO NOT EMPTY TRASH
RECEPTACLE (serviced by another vendor).
• Once a month (weekdays only) - Steam clean /pressure wash all bus stop furniture
(trash /bench) and hardscapes, for the removal of gum, grease, and stains.
• The Services shall be performed Monday through Friday from 10:00 p.m. to 10:00
a.m., except on holidays. Prior to the commencement of the Services, the weekday
schedule shall be approved by the City.
• Contractor shall report to the City Public Works Maintenance Office any items
observed at/near the bus stop locations, if such items /conditions are unsafe and pose
a hazard. Such communication must take place, by phone or in writing, immediately
upon observing such conditions. For non - hazardous conditions, such reports may be
made within 24 hours of observation.
• The Services shall be provided at the 157 Bus Stop locations as listed below.
LIST OF 157 BUS STOPS TO BE MAINTAINED
mTA STOPS
N
BELLFLOWER
A
IMPERIAL HWY
S
BELLFLOWER
A
IMPERIAL HWY
N
BELLFLOWER
A
STEWART AND GRAY
S
BELLFLOWER
A
STEWART AND GRAY
N
BELLFLOWER
A
WASHBURN
S
BELLFLOWER
A
WASHBURN
DOWNEY TRANSIT
W
CTR
A
BAY 2
14
E
FIRESTONE
A
BROOKSHIRE
W
FIRESTONE
A
BROOKSHIRE
W
FIRESTONE
A
LAKEWOOD
E
FIRESTONE
A
LAKEWOOD
W
FIRESTONE
A
NEWVILLE
OLD RIVER SCHOOL
E
FIRESTONE
A
RD
OLD RIVER SCHOOL
W
FIRESTONE
A
RD
E
FIRESTONE
A
PANGBORN
W
FIRESTONE
A
PANGBORN
E
FIRESTONE
A
PATTON RD
W
FIRESTONE
A
PATTON RD
W
FIRESTONE
A
RIVES
E
FIRESTONE
A
RYERSON
W
FIRESTONE
A
RYERSON
STEWART & GRAY
E
FIRESTONE
A
RD
STONEWOOD
E
FIRESTONE
O
CENTER
STONEWOOD
W
FIRESTONE
A
CENTER
E
FIRESTONE
A
WILEY BURKE
E
FIRESTONE
A
WOODRUFF
W
FIRESTONE
A
WOODRUFF
E
FLORENCE
A
BIRCHDALE
W
FLORENCE
A
BIRCHDALE
E
FLORENCE
A
BROOKSHIRE
W
FLORENCE
A
BROOKSHIRE
E
FLORENCE
A
CASANES
E
FLORENCE
A
DOWNEY
W
FLORENCE
A
DOWNEY
DOWNEY SNFRD
W
FLORENCE
A
BRDG RD
W
FLORENCE
A
HALEDON
E
FLORENCE
A
LAKEWOOD
W
FLORENCE
A
LAKEWOOD
W
FLORENCE
A
MATTOCK
E
FLORENCE
A
NEWVILLE
OLD RIVER SCHOOL
E
FLORENCE
A
RD
W
FLORENCE
A
ORIZABA
E
FLORENCE
A
PARAMOUNT
W
FLORENCE
A
PARAMOUNT
E
FLORENCE
A
RIVES
W
FLORENCE
A
RIVES
E
FLORENCE
A
STUDEBAKER
15
W
FLORENCE
A
TECUM RD
E
FLORENCE
A
WESTERN (DOW)
E
FLORENCE
A
WILEY BURKE
W
FLORENCE
A
WILEY BURKE
E
FLORENCE
A
WOODRUFF
W
FLORENCE
A
WOODRUFF
W
GARDENDALE
A
BROOKSHIRE
W
GARDENDALE
A
DOWNEY
W
IMPERIAL HWY
A
ARDIS
E
IMPERIAL HWY
A
BARLIN
W
IMPERIAL HWY
A
BARLIN
E
IMPERIAL HWY
A
BELLFLOWER
W
IMPERIAL HWY
A
BELLFLOWER
E
IMPERIAL HWY
A
BROOKSHIRE
W
IMPERIAL HWY
A
BROOKSHIRE
E
IMPERIAL HWY
A
CLARK
W
IMPERIAL HWY
A
CLARK
E
IMPERIAL HWY
A
DOWNEY
W
IMPERIAL HWY
A
DOWNEY
W
IMPERIAL HWY
A
DUNROBIN
W
IMPERIAL HWY
A
GARFIELD AVE
E
IMPERIAL HWY
A
LAKEWOOD
W
IMPERIAL HWY
A
LAKEWOOD
OLD RIVER SCHOOL
E
IMPERIAL HWY
A
RD
OLD RIVER SCHOOL
W
IMPERIAL HWY
A
RD
E
IMPERIAL HWY
A
PARAMOUNT
W
IMPERIAL HWY
A
PARAMOUNT
E
IMPERIAL HWY
A
SMALLWOOD
W
IMPERIAL HWY
A
SMALLWOOD
E
IMPERIAL HWY
A
WOODRUFF
W
IMPERIAL HWY
A
WOODRUFF
S
LAKEWOOD
A
5TH ST
N
LAKEWOOD
A
ALAMEDA
S
LAKEWOOD
A
ALAMEDA
N
LAKEWOOD
A
BELLFLOWER
N
LAKEWOOD
A
CECILIA
N
LAKEWOOD
A
CHEROKEE
S
LAKEWOOD
A
CHEROKEE
S
LAKEWOOD
A
CLETA
S
LAKEWOOD
A
DEMING
S
LAKEWOOD
A
DONOVAN
N
LAKEWOOD
A
FIRESTONE
S
LAKEWOOD
A
FIRESTONE
N
LAKEWOOD
A
FLORENCE
16
S
LAKEWOOD
A
FLORENCE
N
LAKEWOOD
A
GALLATIN
S
LAKEWOOD
A
GALLATIN
S
LAKEWOOD
A
GARDENDALE
N
LAKEWOOD
A
1105 GREEN LINE STA
S
LAKEWOOD
A
1105 GREEN LINE STA
N
LAKEWOOD
A
IMPERIAL HWY
S
LAKEWOOD
A
IMPERIAL HWY
N
LAKEWOOD
A
LUBEC
S
LAKEWOOD
A
LUBEC
N
LAKEWOOD
A
ROSE
S
LAKEWOOD
A
ROSECRANS
N
LAKEWOOD
A
STEWART & GRAY
S
LAKEWOOD
A
STEWART & GRAY
N
LAKEWOOD
A
TELEGRAPH RD
S
LAKEWOOD
A
TELEGRAPH RD
N
PARAMOUNT
A
5TH ST
S
PARAMOUNT
A
5TH ST
N
PARAMOUNT
A
7TH ST
S
PARAMOUNT
A
7TH ST
N
PARAMOUNT
A
BROOKMILL
S
PARAMOUNT
A
BROOKMILL
N
PARAMOUNT
A
FARM
S
PARAMOUNT
A
FARM
N
PARAMOUNT
A
FIRESTONE
S
PARAMOUNT
A
FIRESTONE
S
PARAMOUNT
A
FLORENCE
N
PARAMOUNT
A
GALLATIN
S
PARAMOUNT
A
GALLATIN
N
PARAMOUNT
A
PHLOX
S
PARAMOUNT
A
QUILL
N
PARAMOUNT
A
QUOIT
STEWART & GRAY
N
PARAMOUNT
A
RD
STEWART & GRAY
S
PARAMOUNT
A
RD
N
PARAMOUNT
A
SUVA
S
PARAMOUNT
A
SUVA
N
PARAMOUNT
A
TELEGRAPH
S
PARAMOUNT
A
TELEGRAPH
N
PARAMOUNT
A
VISTA DEL ROSA
S
PARAMOUNT
A
VISTA DEL ROSA
N
RIVES
A
IMPERIAL HWY
S
RIVES
A
IMPERIAL HWY
S
STUDEBAKER
A
FLORENCE
E
TELEGRAPH
A
LAKEWOOD
17
E TELEGRAPH
E TELEGRAPH
E TELEGRAPH
A PARAMOUNT
A PASSONS
A SERAPIS
E TELEGRAPH A TRUE
S WOODRUFF A IMPERIAL HWY
DOWNEY LINK STOPS
SOUTHEAST ROUTE
FIRESTONE /DOLAN
FIRESTONE I STONEWOOD CENTER
BELLFLOWER/STEWART & GRAY (Downey Landing)
WOODRUFFIIMPERIAL (Columbus School)
IMPERIAL / DUNROBIN
BELLFLOWER / IMPERIAL
FOSTER / PREMIERE (Carpenter school
FOSTER / VULTEE (Cemetery)
BROOKSHIRE I GARDENDALE
BROOKSHIRE /IMPERIAL
COLUMBIA WAY /SPACE CENTER
BROOKSHIRE /DAVIS
3RD ST / CIVIC CTR DR
NORTHEAST ROUTE
FIRESTONE I PATTON
FIRESTONE /LAKEWOOD
FLORENCE /MATTOCK
FLORENCE WOODRUFF
TELEGRAPH LAKEWOOD
TELEGRAPH / SERAPIS
LAKEWOOD /TELEGRAPH
L / GALLATIN
LAKEWOOD /FLORENCE
m
LAKEWOOD /CHEROKEE
CIVIC CTR DR/ 3RD
SOUTHWEST ROUTE
CIVIC CTR DR / 3RD
BROOKSHIRE/ FIRESTONE (CHASE)
BROOKSHIRE / DAVIS
GARDENDALE / DOWNEY AV
IMPERIAL HWY / DOWNEY
IMPERIAL HWY / PARAMOUNT
RIVES / IMPERIAL HWY (Apollo)
RIVES / QUILL
NORTHWEST ROUTE
LA REINA / 3RD STREET (KRIKORIAN)
CIVIC CENTER / 3rd STREET
FLORENCE / WILEY BURKE
BLUFF/ DOS RIOS "TOEASURE ISLAND)
PARAMOUNT /SUVA
PARAMOUNT / GALLATIN RD
PARAMOUNT / VISTA DEL ROSA
TELEGRAPH /PARAMOUNT
TELEGRAPH I BIRCHBARK
LAKEWOOD /TELEGRAPH
LAKEWOOD / GALLATIN
BROOKSHIRE /SUVA
FLORENCE / DOWNEY
PARAMOUNT /FLORENCE
PARAMOUNT /FARM
NPDES COMPLIANCE AND BMP IMPLEMENTATION.
All Services shall be performed in compliance with the NPDES Permit requirements.
19
The Los Angeles Regional Water Quality Control Board (RWQCB) issues permits which
govern stormwater and non - stormwater discharges resulting from municipal activities
performed by or for the Coastal Watersheds of Los Angeles County, including the Los
Angeles County Flood Control District, the County of Los Angeles, and 84 incorporated cities
within the coastal watersheds of Los Angeles County with the exception of Long Beach
(collectively referred to as Permittees). The current Permit is National Pollutant Discharge
Elimination System Permit No. R4- 2023 -0175, Order R4- 2012 -0175 (NPDES Permit).
In order to comply with the NPDES Permit requirements, including its Public Agency Activities
Program (Section VI.D.9, pages 122 -136), City has incorporated Public Agency Facilities and
Activities Maintenance Procedures (Maintenance Procedures) with Best Management
Practices (BMPs) adopted from the current version of the Caltrans Storm Water Quality
Handbook Maintenance Staff Guide (Caltrans Handbook). City staff and hired contractors
must adhere to these procedures and practices. The Maintenance Procedures contain
pollution prevention and source control techniques to minimize the impact of those activities
upon dry- weather urban runoff, stormwater runoff, and receiving water quality.
Work performed under this Agreement shall conform to the NPDES Permit and the applicable
sections of the CalTrans Handbook and must be performed as described within all applicable
Maintenance Procedures. The Contractor must provide annual training as required in the
NPDES Permit (Section VI.D.9.k.i, page 136) to targeted staff whose interactions, jobs, and
activities affect stormwater quality. The targeted staff must fully understand the Maintenance
Procedures applicable to activities that are being conducted under this Agreement prior to
conducting them. The Contractor must retain documentation that certifies that the annual
training was conducted.
Evaluation of activities subject to NPDES Permit requirements performed under this
Agreement will be conducted by the City to verify compliance with the Maintenance
Procedures.
The NPDES Permit is available for review online at the RWQCB's website:
http:// www. waterboards. ca.gov /losangeles /water__issues /programs /stormwater /municipal /inde
x.shtml #los_angeles
Applicable Maintenance Procedures from the Caltrans Handbook are available for review
online at:
http: / /www.dot. ca.gov /hq/ env /stormwater /pdf /CTSW -RT -02 -057. pdf
20
EXHIBIT "B"
COMPENSATION
Bus Stop Maintenance for all 157 stops - Annual Cost: $97,654.00
Extra Work:
Maintenance Service Cost, per individual stop (based on the scope of work) per
occurrence:
$8.50 per individual stop per occurrence
Steam Clean /pressure wash (based on the scope of work) — Per individual stop per
occurrence:
$15.00 per individual stop per occurrence.
21
EXHIBIT "C"
FORM PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Downey, California ( "City"), has awarded ("Contract") to Joe's Sweeping, Inc., dba Nationwide Environmental
Services ( "Principal "), for the maintenance of bus stops citywide,
WHEREAS, Principal is required under the terms of the Contact to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and ( "Surety") a duly admitted
surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of One hundred
four thousand, and 00 Dollars ($104,000), this amount being not less than the total Contract price, in lawful money of the United States of
America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, or his/her heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants,
conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and hold harmless the City, its officers, agents, and others as therein provided, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees as part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the
City in successfully enforcing such obligation, all to be treated as cost and included in any resolution.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of erne„ alteration, addition or modification
to the terms of the Contract, or of the work to be performed thereunder, or the Specifications V the same, shall in any way affect its
obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the
terms of the Contract or to the work or to the Specifications thereunder.
WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof,
have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
"Principal" Surety"
Its
Its
(Seal)
Its
Its
(Seal)
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person
signing as attorney -in -fact must be attached.
22
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