Item 5 - Award of Agmt. for Street Sweeping Services, Cannon Pacific Services, Inc. dba Pacific Sweeping ; RFP 21-025June 1, 2021, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL June1,2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~J Will Wiley, Assistant Director of Public Works for Maintenance OperationA/ (858) 668-4705 or wwiley@poway.org -, r Award of Agreement for Street Sweeping Services, Cannon Pacific Services, Inc. d/b/a Pacific Sweeping, RFP No. 21-025 A Request for Proposals (RFP) for Street Sweeping Services (comprehensive sweeping of streets, center islands and medians, centerlines, and parking lots) was duly advertised on April 1, and April 8, 2021. Two proposals were received and opened on April 19, 2021. Cannon Pacific Services, Inc. was responsive to the criteria of the RFP. The term of the agreement will be one (1) year beginning July 1, 2021 through June 30, 2022 and may be extended for up to four (4) one-year terms. Recommended Action: It is recommended that the City Council award the Agreement for Street Sweeping Services, RFP No. 21-025 to Cannon Pacific Services, Inc., d/b/a Pacific Sweeping, and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway (City) is responsible for the sweeping of 376 miles of residential and commercial curbs, center islands, medians, and centerlines, as well as 720,416 square feet of City maintained parking lots. Every public residential and commercial street in the City is swept on a regular schedule. Street sweeping removes dirt and debris from public streets, prevents blockages in storm drain inlets, and reduces pollutants in nearby creeks and streams. Additionally, sweeping helps protect our water quality by preventing oil, metals, and other debris from entering the watershed. The City's current contract for street sweeping services expires on June 30, 2021. Staff issued an RFP for street sweeping services, which was advertised on April 1, and April 8, 2021. The RFP was publicly noticed in accordance with the City's Municipal Code, including being advertised on the City's website, local paper, and a bid notice posted to eBidboard (the City's eProcurement system). On April 19, 2021, two proposals were submitted. The RFP required contractors to submit a proposal for the annual cost of commercial and residential curb miles swept and the annual cost per square foot of parking lots 1 of 28
June 1, 2021, Item #5swept. The two proposals were evaluated by Public Works staff utilizing a Qualifications Based Selection process to evaluate and rank each proposal. R.F. Dickson Co., Inc. and Cannon Pacific Services, Inc., d/b/a Pacific Sweeping (Cannon Pacific) both met the criteria of the RFP and were deemed responsive. In an effort to align proposal costs with the FY 2021-22 budget, staff requested a best and final offer from both contractors. Cannon Pacific was the only one to submit a revised cost proposal. The recommended contractor is listed below, signified by an asterisk and cost amounts in bold. While pricing is an important factor, the recommendation for award is based on several factors, including available experience, resources, approach, equipment, and cost. Table 1: Award Summary for Street Sweeping Services, RFP No. 21-025 Contractor Total Fee Cannon Pacific Services, Inc., $240,747.70* d/b/a Pacific Sweeping R.F. Dickson Co., Inc. $288,334.62 Staff recommends awarding an agreement to Cannon Pacific. Cannon Pacific has more than 40 years of providing street sweeping services to government agencies, industrial and commercial businesses. Additionally, Cannon Pacific has been the City's street sweeping service provider since July 2016, which provides for continuity of operations in the current street sweeping program. Cannon Pacific provides street sweeping services to other San Diego County cities, including Carlsbad, Lemon Grove and San Marcos. Cannon Pacific's street sweeping equipment is well maintained, reliable, and is fully compliant equipment with California Air Resources Board and air pollution control district requirements. Cannon Pacific provides knowledgeable, experienced, and reliable sweeping service at the highest possible quality level and is compliant with all federal and state operation and traffic safety guidelines. The term of the agreement will be one (1) year beginning July 1, 2021 through June 30, 2022 and may be extended for up to four (4) one-year terms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds for Cannon Pacific Street Sweeping Services, as identified in this report, are included with the Fiscal Year 2021-22 Operating Budget (411040-43320) for consideration by Council on June 15, 2021. Contracts will be awarded upon adoption of the proposed budget. Public Notification: None. Attachments: A. Agreement with Cannon Pacific Services, Inc., d/b/a Pacific Sweeping 2 of28
June 1, 2021, Item #5Reviewed/ Approved By: Assistant City Manager 3 of28 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
June 1, 2021, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Cannon Pacific Services, Inc. dba Pacific Sweeping (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform Street Sweeping Services in support of the Public Works Streets Department; and WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 4of28 ATTACHMENT A
June 1, 2021, Item #5failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 5 of28
June 1, 2021, Item #59. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 6 of28 (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: C8J 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of
June 1, 2021, Item #5Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 7 of28
June 1, 2021, Item #515. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. 8 of28
June 1, 2021, Item #5(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 9 of28
June 1, 2021, Item #520. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 10 of 28
June 1, 2021, Item #5Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contribt:Jtions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 11 of 28
June 1, 2021, Item #5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: ________ _ Chris Hazeltine, City Manager Date: ----------ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 12 of 28 Cannon Pacific Services, Inc. Dba Pacific Sweeping By: __________ _ Rosio Vitela, Regional Sales Manager Date: ------------
June 1, 2021, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform street sweeping services as required by City, further described in the agreement which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on April 19, 2021, which is included in this document as Attachment 2. Total fee is not to exceed $1,209,000. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021 and ending June 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to four (4) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. 13 of 28
June 1, 2021, Item #5D. Contractor's Insurance. 1. Coverages: Contractor 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, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $5,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 14 of 28
June 1, 2021, Item #53. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 15 of 28 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 Cannon Pacific Services, Inc. dba Pacific Sweeping 285 Pawnee St. Suite A San Marcos, CA 92078 (Remainder of page intentionally left blank)
June 1, 2021, Item #5ATTACHMENT 1 CONTRACTOR RESPONSIBILITIES Contractor agrees to perform general maintenance as required by City. Contractor shall provide the necessary qualified personnel to perform the services described below. 1. Duties of Contractor: During the term of this Agreement, the selected Contractor shall perform all work as described in the technical specifications and the following: a. Ensure that all Contractor employees are properly trained prior to start of Agreement and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Conform to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. c. Conform to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The Contractor's staff, including sub-contractors, shall wear professional attire that clearly identifies the company they work for. Clothing and other accessories (hat, mask, etc) shall be work-place appropriate. The City of Poway shall, throughout the life of the Agreement; have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected Contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected Contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected Contractor's employees and subcontractors is the sole responsibility of the selected Contractor. Further, the Contractor shall be responsible for running background checks of their employees through the DOJ at their own costs and maintaining their staff's list of who has received a background check. 3. Subcontractors: Contractor shall not assign, transfer, or enter into any subcontract under this agreement, nor any part thereof, without first obtaining the written consent of the Director of Public Works. If Contractor is permitted to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and City. All persons engaged in the work shall be considered employees of Contractor. The City shall deal directly with and shall make all payments to Contractor. 4. Company Representative I Local Office: The selected Contractor shall maintain a local office within the County of San Diego. The selected Contractor shall have a competent representative available during working hours that can make authoritative decisions and to discuss matters pertaining to the Agreement. At all times during the term of this Agreement, the Contractor shall provide the City with a twenty-four (24) hour/day, seven (7) days/week emergency phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an 16 of 28
June 1, 2021, Item #5ATTACHMENT 1 emergency call is made requesting the Contractor to perform emergency services, the Contractor shall have a competent representative on site to commence the required service. A valid/active e-mail address that is monitored twenty-four (24) hours per day, seven (7) days per week shall be required to receive written notices and authorizations for emergency services. 5. Invoices: The selected Contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work-related accidents, etc. Where the Contractor is required to pay prevailing wages, certified payrolls for each employee shall be maintained by the Contractor as required by Labor Code section 1776. These records shall be made available to the City upon request and must be maintained for not less than ten (10) years. Each assignment will be invoiced separately. Payment may be withheld until all adequate documentation is provided. 6. Productive Man-hours: The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work. 7. Quality Control: The selected Contractor shall institute and maintain throughout the Agreement period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the Agreement. The program shall include providing daily supervision and conducting frequent inspections of the Contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 8. Supervision: The contractor agrees that its performance of each of the provisions of this agreement shall be to the standards set by City's Director of Public Works to insure cleanliness, health, and sanitation in the sweeping of streets and disposal of all sweepings within City. Contractor shall faithfully and regularly remove such sweepings in accordance with provisions of this agreement unless it is modified in writing. All work shall be done in a thorough and professional manner in accordance with generally accepted good practices in the street sweeping industry. The Contractor shall designate the Operations Manager as the principle contact, and an alternate (other than the Principal/Owner of the Company), to be available daily during street sweeping hours, and as well as to be available daily during off-hours for emergencies. 17 of 28
June 1, 2021, Item #5ATTACHMENT 1 PURPOSE AND TECHNICAL SPECIFICATIONS 1. Purpose: The purpose of this Agreement is to provide comprehensive street sweeping services for streets, center islands/medians, centerlines, and parking lots. The City proposes to contract with a service agency that is proactive in their work standards and can meet the qualifications set forth in this proposal package. 2. Technical Specifications: The Contractor shall: 18 of 28 a. Assign to City, at all times, two, fully operational street sweeping vehicles as outlined in this agreement unless written approval from the Director has been obtained. Furthermore, Contractor shall have a reserve operator in case the primary driver becomes ill or is incapacitated for any reason. A penalty of $100 will be assessed for each day a sweeping route is not completed due to equipment failure. b. Specifically assign one street sweeper to Poway and leave it at 12325 Crosthwaite Circle, Poway, CA (the City's Maintenance yard) for the duration of the agreement when not in use. c. Notify City of any deviation to the schedule, including the change of sweeper operator(s), and/or equipment changes. d. Provide copies of valid commercial driver's licenses for all operators assigned to City, whether permanently or temporarily assigned to City. e. Assign Contractor's Operations Manager as primary contact between and with City Contract Administrator, or City designee. f. Furnish, at Contractor's own expense, all labor, equipment, and materials necessary, and shall sweep all paved, public streets located within the present corporate limits of City, in accordance with the area map attached hereto. The sweeping process shall include removal and disposal of all accumulated debris (e.g., all solids and liquids collected in the street sweeper(s). The regularly scheduled street sweeping shall be adhered to by Contractor unless deviation therefrom is authorized by the Director of Public Works, or the Director's designee. Sweeping shall be completed according to schedule and shall not be interrupted unless approved by the Director in writing, except in emergencies, inclement weather, or holidays by one day. Contractor shall notify City should Contractor have an emergency, and the Director shall determine whether Contractor is released of completing a daily route based on the nature of the emergency. The City has the authority to interrupt scheduled service should City have an emergency. g. Assume liability for damages arising out of the operation of sweeping streets
June 1, 2021, Item #5ATTACHMENT 1 within City, including but not limited to, debris thrown into/onto private property, running over traffic counting tubes that are clearly delineated, or any other property damage resulting from operations. 3. Equipment: The quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein, and an absolute minimum of one (1) primary sweeper must be a top dump one (1) back-up sweeper shall be provided, can be either top dump or rear dump equipped. Periodically, aging equipment must be brought back to this standard per mutual agreement. Bottom dump sweepers shall not be used within the City. The Contractor's equipment and equipment service records, including warranty repair, shall be subject to periodic inspection by City. Should warranty work be undocumented by warrantor, Contractor shall notify the City of scheduled or unscheduled warranty repairs and log the warranty work within Contractor records. Scheduled or unscheduled equipment maintenance and/or repairs shall be noticed to City immediately, with anticipated date and time of equipment return. Copies of all equipment repair work shall be sent to the Director of Public Works within 5 days of repair(s). 19 of 28 Requirements: a. The Contractor shall provide each year the Make, Model, and Year of sweeper equipment to be used in City by submitting Department of Motor Vehicle registration copies to the Director. b. The specific equipment to be used shall be specified in the Contractor's proposal (e.g., broom type and regenerative air) c. The City requires that all equipment (both primary and backup sweepers) to be used for performing services under this agreement be kept within the City limits. No scheduled route during daily service shall be interrupted or deviated from for service either outside the City limits or inside the City limits, unless authorized in writing by the Director of Public Works. The sweepers shall have in large markings the name of the Contractor, "Under Contract with the City of Poway" either painted or permanently affixed to both sweepers. d. All equipment shall be equipped in accordance with State law. The flashing light shall meet the following requirements: i. Visible for a minimum of one mile ii. Flash 60-90 times per minute iii. Mounted for 360 degree visibility iv. Equipped with an amber lens An arrow board, approved by the Director of Public Works, shall be mounted on the back of all equipment.
June 1, 2021, Item #520 of 28 ATTACHMENT 1 e. All street sweepers shall be equipped with: i. Adequate water systems for dust control (Fire hydrants or supply points shall be designated by City to provide water necessary for the operation). Water meters for each specific equipment type shall be issued by City. Readings of these assigned meters will be taken to the City Customer Services Department the third week every even month, or as approved by the Director of Finance. ii. Automatic vehicle location device (vehicle location and management system [e.g., GPS]), and any associated software programs, which will report all street sweeping activity. This device shall be placed on all sweeping equipment at the Contractor's cost, including monthly monitoring charges. The associated software shall be provided at no cost to the City. Should any device fail, or need repair, the Contractor shall immediately report that the GPS is inoperative to City. f. The Contractor shall maintain a facility for repair and care of sweepers used in City. Brushes and brooms shall be maintained in proper condition and shall be replaced as recommended by the manufacturer, or when pick-up ability becomes impaired. Any maintenance/repair work completed at Poway facilities or roadways must be approved prior to work by the Director of Public Works. The Contractor shall immediately report mechanical breakdowns to City. Adequate support equipment shall be available, including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described within this agreement. g. The Contractor shall immediately clean any street sweeping vehicle fluid leaks using all appropriate dry cleaning methods and properly dispose of products afterwards. Operator shall carry a spill kit and be properly trained on how to clean spills. h. Manufacturer's Equipment Specifications are to be included within the proposal. All equipment, including support equipment, to be used by Contractor shall be listed as a part of the detailed inventory to support the Contractor's qualifications. Manufacturer's Equipment Specifications shall be mailed or emailed to City whenever new equipment is added to the Contractor's inventory. i. The City shall have the option of performing a complete inspection of all vehicles at any time throughout the term of the Agreement. If any vehicle is inspected and it is determined by the Director of Public Works, or the Director's designee, that it does not meet standards City deems necessary to fulfill the Agreement or to operate safely,
June 1, 2021, Item #5ATTACHMENT 1 City may require such vehicle(s) be brought to standard (whether by need of repair or use of certified equipment as required by Federal, State, or local law) before being placed back in service. Any vehicular accidents involving sweepers assigned to City must be reported in writing within 24 hours of said accident to City. The location for washing equipment shall be approved by the Director of Public Works and shall not encroach upon collection basins, not designated for use by the Director. 4. Standards of Performance: Street sweeping shall be performed in accordance with accepted standards for Municipal Street cleaning. When necessary for proper cleaning, Contractor shall make more than one pass on a street, without extra charge. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Contractor shall immediately respond when notified by City to re-sweep unsatisfactory areas at no additional charge. The equipment operator shall maintain a log listing the locations of roadways that cannot be adequately swept because of obstructions such as low hanging limbs or vehicles parked on City streets for extended periods of time. The Contractor shall report these locations, by address, to City's Director of Public Works, or designee, within 48 hours. (Deductions may be made from the Contractor's payments for areas not swept due to obstructions that were not reported to City within the time allowed.) 5. Accident Procedure: All accidents, regardless of how minor, involving another person, private property, or vehicle, shall be reported immediately to the Poway Sheriff's Department and a report requested. The City's Public Works Department shall also be contacted immediately. 6. Laws and Regulations: The Contractor acknowledges that it is charged with notice and knowledge of all of the provisions of all Federal, State, County, and City laws, ordinances, and regulations affecting the sweeping of streets and disposal of sweepings, and Contractor agrees to observe all of the terms of all applicable laws and ordinances that may hereafter be in effect, and all amendments thereto, and agrees to observe such reasonable regulation not in conflict with this agreement as may be enacted by the City's City Council. 7. Sweeping Equipment Safety: The sweeping equipment shall not travel in excess of the manufacturer's recommended sweeping rate or ten (10) miles per hour when sweeping any street. The Contractor's street sweeper operators shall maintain good safety and driving records, and use extreme caution during street sweeping. 8. Disposal of Debris: The Contractor will dispose all refuse/debris collected within City by placing such refuse/debris into City designated dumpster(s). The 21 of 28
June 1, 2021, Item #5ATTACHMENT 1 location(s) of the designated dumpster(s) are at the discretion of the Director of Public Works. The cleanup required around the dumpsters due to debris falling outside the dumpsters, is the sole responsibility of the Contractor. The City shall bear the expense of hauling the container's debris. 9. Compensation: Contractor shall be paid per curb mile swept as full compensation for regularly scheduled street sweeping of all existing streets. The Contractor shall be paid only for the actual curb miles swept. This compensation includes the removal and disposal of all accumulated debris. a. Each curb mile added to or subtracted from the schedule during the effectual Agreement shall be calculated at the curb mile sweep cost and the Agreement price adjusted accordingly. · b. Streets that are to be permanently removed from, or added to, the sweeping schedule shall require written notification by the City. c. The City shall pay Contractor a sum determined per the current fee schedule per hour for any and all additional street sweeping service requested by the City and performed by Contractor, excluding requested re-sweeps. The hours of sweep time to be paid shall include the Contractor's travel time. d. Contractor shall provide a daily report or access to an on line reporting system and a monthly bill to the Director of Public Works, or designee, listing odometer readings and GPS records to permit auditing of sweeping mileage, water usage, and quantity spoils. e. Loss of Revenue: Failure of Contractor to complete sweeping zones, except on holidays or inclement weather, or lack of fulfilling any portion of this agreement, shall result in a deduction from payment otherwise due the Contractor for each incomplete sweep day. Deductions shall be calculated based on curb mile cost for incomplete zones, or pro rata cost of equipment for monthly services (e.g., GPS units installed and used), unless otherwise determined by the Director as justifiably excused. Contractor shall notify City, either by phone or in writing immediately, when GPS unit(s) is not functioning and/or being serviced for deduction waiver. 10. Scheduling: 22 of 28 a. Hours of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7:00 a.m. to 4:30 p.m., Monday through Thursday, and 7:00 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee.
June 1, 2021, Item #5ATTACHMENT 1 b. Sweeping Schedule: The sweeping schedule shall be approved by City and coordinated to follow refuse collection days. The Contractor may be required to do early morning sweeping on certain major streets if approved by the Director of Public Works; however, NO sweeping of residential streets, or streets immediately adjacent to residential areas, shall be allowed prior to 7:00 a.m. or later than 4:30 p.m. c. Inclement Weather: The Director of Public Works, or designee, shall be the sole authority for canceling scheduled street sweeping due to inclement weather. Operator is required to be prepared to operate street sweeper unless notified by City or designee. During inclement weather, a two-hour standby period between 7:00 a.m. and 9:00 a.m. shall be observed before a scheduled residential or commercial sweep will be canceled. When inclement weather, in City's opinion, prevents adherence to the regular sweeping schedule for two or fewer days in a given week, the sweeping of areas so affected by the inclement weather shall be swept within the following one week period from the date of the scheduled sweeping, without interruption of the regular sweeping schedule. The Contractor shall perform all extra work required by such inclement weather without additional charge to City. d. Holiday Operations: There shall be no work on weekends or on the holidays of: Thanksgiving Day, Christmas Day (25th), and New Year's Day (1st). Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property. e. Additional Requests: In addition to the daily work required hereunder, the Director of Public Works, or the authorized designee may request additional sweeping services. The Contractor, as provider of sweeping services for City, shall be required to provide these street sweeping services. The Director of Public Works, or the Director's designee, shall request Special Sweeping with 48-hour notice. The 48-hour noticing requirement shall be exempt, should the Director or the Director's designee determine that the Special Sweeping is an emergency, and required for public health and safety. In cases of an emergency, Contractor is to provide service within two (2) hours of notification by City. 11. Complaints: The City shall receive and process citizen complaints. The City shall notify Contractor of corrections and any re-sweeps required following complaints by issuance of a work order. The City will verify complaints, and no challenge on the part of the Contractor of the work order shall be entertained. Copies of the citizen complaints shall be forwarded to Contractor upon request, and the frequency of such complaints will be noted in any subsequent unsatisfactory reports, which might be filed against Contractor. 23 of 28
June 1, 2021, Item #5ATTACHMENT 2 RO H s in writing und r th Bo m-$ 23.25 rs nd Fifty Cents w nty Thr e Dollars nd Tw nty ive Cents hr e D II s and Twenty Five Cents $ 26.50 $ 23.50 wenty Six Doll rs and Fifty Cents $ 23.2 $ 23.25 R ner tive ir: w nty Three Dollars nd Tw nty Five Cents vacuum: Tw nty hree Dollars and Twenty Five Cents ---·----Per 1,00 re foot P rkin L $_1_.o_s __ R nts tive Air: S v nty ive C nts V cuum: Sevent ive Cents Mini um Per Hr. Cost for peci I Sw eps (48-H Notice) $ 150.00 r m-Type: One Hundred and Fifty Dalla s $ 0.75 $ 135.00 R ner tive Air: One Hundred and Thirty Five Dollars Vacuum: One Hundred and Thirt Five Dollars 24 of 28 $ 0.75 $ 135.00 Annual To I $71,040.84 R neraliv A.Jr V cuu $ 155,658.75 $14,048.11
June 1, 2021, Item #525 of 28 ATTACHMENT 2 15 . 0 $135.00 $135.00 ndred and Fifty Dollars e undred and Thirty Five Dollars irty Rve Dalfars e nly. Sweeps required during other than reguJarsweeping tlaurs: shall be paid for and from the sweep site. plus actual sweeping time to the nearest one-half (1/2)
June 1, 2021, Item #5EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans> Article 4 California Public Employees' Pension Reform Act o/2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a}This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 26 of 28 (l)Notwithstanding subdivision ( c ), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
June 1, 2021, Item #5a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 27 of 28 (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
June 1, 2021, Item #5(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 28 of 28