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Home My WebLink AboutItem 11 - Award Agreement to Athens Services to Provide Street Sweeping Services Public Works Agency www.santa-ana.org/public-works Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 29, 2023 TOPIC: Award Agreement to Athens Services to Provide Street Sweeping Services AGENDA TITLE Approve Agreement with Arakelian Enterprises, Inc., DBA Athens Services to Provide Street Sweeping Services, for a Total Amount not to Exceed $64,572,750 for up to 15 Years (Specification No. 23-007) (General Fund and Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Athens Services to provide street sweeping services at a base amount of $3,913,500, with an annual contingency of $391,350, for a total annual amount of $4,304,850, plus allowance for an annual adjustment based on the Consumer Price Index, for a ten-year initial term totaling $43,048,500, beginning on July 1, 2024 and expiring June 30, 2034, with an option for one, five-year extension totaling $21,524,250, for an aggregate amount not to exceed $64,572,750, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Maintenance Services Division is responsible for keeping the City's streets clean and visually appealing for the safety and well-being of its residents. Street sweeping is a critical maintenance task that involves removing debris such as leaves, trash, glass, and metal particles from streets and gutters to prevent causing damage to the public and from entering the storm drain system, as mandated by state and federal laws. To achieve this objective, Staff performed an in-house cost of service analysis and requested proposals for street sweeping services from service providers who have the capacity to enhance the quality of services and adhere to the new rules set by the State of California Department of Industrial Relations (DIR). Staff considered the option of performing street sweeping with City Fleet. Staff has determined this option is not viable at this time; this option presents challenges due to significant costs of the equipment at over $550,000 per sweeper, fleet procurement delays, the need to hire additional staff to operate and maintain the equipment, and other facility considerations. The estimated average annual cost for performing street sweeping with in-house resources is nearly $11 million for the first year alone due to fleet procurement, over $5.5 million the second year, and increasing annually thereafter. Additionally, procurement lead times for street sweeping equipment are currently Award Agreement to Athens Services August 29, 2023 Page 2 3 6 5 7 estimated between 12 to 20 months from the date of placing the order. As a result, this option would not be implemented until fall 2025. Staff does not recommend this option due to the high cost of equipment, maintenance, staffing challenges to provide consistent service, and unanticipated costs associated with providing in-house services that are not known at this point. Following the analysis of the in-house option, a Request for Proposals (RFP) No. 23- 007 (Exhibit 1) was released on January 27, 2023, outlining the requirements for street sweeping services. The RFP requirements included timely and quality service, excellent customer service, a dedicated field supervisor, and adherence to prevailing wage as determined by the DIR. The RFP was advertised on the City's online bid and management publication system, PlanetBids. A summary of the RFP and proposals received is as follows: 67 Vendors notified 3 Santa Ana vendors notified 20 Vendors downloaded the RFP packet 2 Proposals received 0 Proposals received from Santa Ana vendors On February 6, 2023, a pre-proposal meeting was held with four sweeping contractors in attendance. The proposal deadline was February 21, 2023 and the City received proposals from two service providers. The Public Works Agency is committed to providing our community with the highest quality of service possible. As such, an experienced committee of professionals from Public Works Maintenance Services and Park Maintenance evaluated the proposals based on various criteria such as experience, reputation, employee training programs, and customer service. The evaluation committee also assessed the contractor’s ability to meet performance schedules, competitiveness of fees, and the business and operational model. Both contractors were invited to the interview phase. Staff also conducted reference checks with other municipalities to determine the most qualified service provider. The ratings for the two proposers are identified in the table below: Firm Location Rank Athens Services Industry, CA 1 CleanStreet, LLC (Owned by SCA of CA, LLC)Gardena, CA 2 The evaluation committee has analyzed the proposals thoroughly and determined that Athens Services (Athens) is the best option to provide street sweeping services. Athens has been the City's service provider for the past 11 years while showing great dedication in delivering top-quality services and excellent customer service. With 36 Award Agreement to Athens Services August 29, 2023 Page 3 3 6 5 7 years of experience, Athens has maintained a successful track record in multiple California cities. Their high-quality proposal presentation and interview, sweeping program plan, dedicated field supervisor model, emphasis on customer service, and adherence to the RFP requirements all contributed to their high rating as the top proposer (Exhibit 2). Therefore, it is highly recommended that Athens Services be awarded the agreement (Exhibit 3). After a thorough evaluation process, Athens and City Staff have come to an agreement on several key contract terms which include a $53.05 per curb mile, eight street sweepers, utilization of the City yard for eight parking spaces and office space, and a full-time Operations Supervisor (Exhibit 4). The agreement will expand street sweeping service from five sweepers to eight and will be enforced for ten years with an option to renew for an additional five years, and an annual adjustment based on the Consumer Price Index (CPI). The agreement will require Athens Service to adhere to all laws pertaining to the Street Sweeping Service including labor laws as established by the California Division of Occupational Safety and Health (Cal/OSHA), California Labor Code, California Code of Regulations, and more specifically, labor laws as established by the Department of Industrial Relations pertaining to Prevailing Wage. The new agreement is focused on increasing the citywide level of street sweeping services. In addition to the weekly street sweeping service of all residential streets, the agreement will now be increased to include twice a week sweeping of all arterial and commercial streets, twice a month sweeping of all industrial streets, and weekly sweeping of the alleys. Additionally, this agreement will also include bike lane sweeping as a backup to the City’s current provided service, park parking lots, and emergency response services (Exhibit 5). FISCAL IMPACT Cost for this contract will be included in the proposed budget for FY 2024-25 for City Council consideration. Funding for subsequent fiscal years and optional renewal terms will be included in the proposed budgets for City Council consideration. Any remaining balances not expended at the end of the fiscal year will be carried forward to the following fiscal year. Estimated base expenditures per fiscal year are as follows (excluding annual CPI): Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Base Amount (Excludes CPI) Contract (10-Year Term) 2024-25 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 Award Agreement to Athens Services August 29, 2023 Page 4 3 6 5 7 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Base Amount (Excludes CPI) 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2025-26 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2026-27 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2027-28 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,8502028-29 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 Award Agreement to Athens Services August 29, 2023 Page 5 3 6 5 7 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Base Amount (Excludes CPI) 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2029-30 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2030-31 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2031-32 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2032-33 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2033-34 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 Award Agreement to Athens Services August 29, 2023 Page 6 3 6 5 7 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Base Amount (Excludes CPI) Subtotal Contract (10-Year Term):$43,048,500 Optional Contract Extension (5-Year Term) 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2034-35 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2035-36 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2036-37 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 2037-38 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 2038-39 06817641- 62300 Sanitation Fund Pub Wks-Roadway Cleaning, Contract Services-Professional $4,104,850 Award Agreement to Athens Services August 29, 2023 Page 7 3 6 5 7 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Base Amount (Excludes CPI) 01117651- 62300 General Fund PWA Park Maintenance Serv Enhcment, Contract Services-Professional $200,000 Subtotal Contract (5-Year Term) :$21,524,250 TOTAL :$64,572,750 EXHIBIT(S) 1. Request for Proposal – Street Sweeping Services 2. Athens Services - Proposal Response 3. Agreement with Athens Services 4. Athens Services – Updated Proposal 5. Athens Services – Proposal of City Park’s Parking Lots Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 CITY OF SANTA ANA 2 STREET SWEEPING SERVICES TABLE OF CONTENTS I. BACKGROUND ........................................................................................................................... 3 II. MANDATORY/OPTIONAL PRE-PROPOSAL MEETING ............................................................. 3 III. OVERVIEW OF PROJECT .......................................................................................................... 3 IV. SCOPE OF SERVICES ............................................................................................................... 4 V. TERM OF AGREEMENT ............................................................................................................. 4 VI. MINIMUM QUALIFICATIONS ...................................................................................................... 4 VII. RESPONSE TO RFP .................................................................................................................. 4 VIII. CERTIFICATIONS (ATTACHMENTS) ....................................................................................... 10 IX. REFERENCES .......................................................................................................................... 10 X. MINIMUM SCOPE AND LIMIT OF INSURANCE ....................................................................... 11 XI. SELECTION PROCEDURES & CRITERIA ............................................................................... 13 XII. WITHDRAWALS........................................................................................................................ 14 XIII. GENERAL TERMS AND CONDITIONS .................................................................................... 14 XIV. AWARD OF AGREEMENT ........................................................................................................ 19 XV. IMPLEMENTATION ................................................................................................................... 20 EXHIBITS Exhibits provided herein for Proposers’ reference only. EXHIBIT I – SCOPE OF SERVICES EXHIBIT II – SAMPLE AGREEMENT EXHIBIT III – DETAILED STREET SWEEPING ROUTE MAPS ATTACHMENTS A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C RESPONSIBLE PROPOSER – SUPPLEMENTAL QUESTIONNAIRE D PROPOSER’S STATEMENT E NON-COLLUSION AFFIDAVIT F NON-LOBBYING CERTIFICATION G NON-DISCRIMINATION CERTIFICATION CITY OF SANTA ANA 3 STREET SWEEPING SERVICES I. BACKGROUND Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 335,000. The City’s eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million. The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California. II. MANDATORY PRE-PROPOSAL MEETING A mandatory virtual pre-proposal meeting will be held on the date and time specified on the cover page of this RFP. Failure to attend this meeting shall result in your firm being disqualified from proposing. Meeting Link: https://meet.goto.com/pwamaintservmeeting/street-sweeping-mandatory-pre-proposal-meeting The meeting will include a detailed discussion of the project, route schedule, posting programs etc. All questions shall be required to be submitted in written form. After the pre-proposal meeting, City will respond to pre-proposal attendees by e-mail to written questions or requests for clarifications. At a minimum the Contractor Operation/Field Supervisors are required to attend this meeting. III. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified contractors (Proposers) to provide street sweeping services for 70,000 annual curb miles of City streets that are swept on a bi-monthly, weekly, or twice-weekly basis. The City is seeking proposals for sweeping services. Contractor shall be required to provide street sweeping service for an additional 400 annual curb miles for special events, parades, and similar events, inclement weather sweeps and roadway hazards. Furthermore, the selected Contractor shall be required to solicit employment opportunities to Santa Ana residents and participate in community events and programs at no additional charge to the City. This contract requires the utilization of alternative-fuel sweepers ONLY, as defined by AQMD Rule 1186.1: an alternative-fuel sweeper means a sweeper with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. CITY OF SANTA ANA STREET SWEEPING SERVICES 4 Hybrid-electric and dual fuel technologies that use diesel fuel are not considered alternative-fuel technologies for the purposes of Rule 1186.1. The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). IV. SCOPE OF SERVICES SEE EXHIBIT I – SCOPE OF SERVICES The Contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. The Contractor shall be knowledgeable of and comply with federal, state and local regulations, including but not limited to the Federal Clean Water Act and NPDES. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. V. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of five (5) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for one (1) additional five (5) year period, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. The total term of the awarded agreement shall not exceed ten (10) years. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The anticipated service start date is tentatively scheduled for July 1, 2023 or sooner, as determined by the City upon appropriate approvals. VI. MINIMUM QUALIFICATIONS A. Proposer must have a minimum of 5 years of experience providing street sweeping services to similar public agencies. B. Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. VII. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted. CITY OF SANTA ANA STREET SWEEPING SERVICES 5 PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab. CITY OF SANTA ANA STREET SWEEPING SERVICES 6 General process questions may be directed to the following: Eva Pierce, Buyer Email: EPierce@santa-ana.org D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. E. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. F. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. Proposals must include a Table of Contents and be limited to a maximum of 25 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. All electronic proposal submissions shall be on 8-1/2” x 11” white paper (PDF Format). 1. Narrative Proposal must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed three (3) pages. Cover letter must stipulate the proposed pricing will be valid for a period of a minimum of five (5) years subject to annual CPI and PPI increases, indicate the address and telephone number of the Contractor’s office nearest to Santa Ana, California, and the office from which the contract will be managed. The proposed pricing should be submitted according to the anticipated start date of July 1, 2023 or sooner. CITY OF SANTA ANA STREET SWEEPING SERVICES 7 Cover letter must be addressed to the following City Project Manager: Elizabeth Rubio, Projects Manager City of Santa Ana – Public Works Agency 220 S. Daisy Avenue Santa Ana, CA 92703 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Section III – Scope of Services (Above). c. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any). d. Contract Organization and Staffing Describe your approach and methods for managing the contract. Provide an organization chart showing all proposed contract team members. Describe the responsibilities of each person on the contract team. Identify the Contract Director and/or Manager and the person who will be the key contact with the City. Include a statement indicating the availability of the members of the contract team for the duration of the contract. Please include a brief statement of qualifications for key members of the contract team with particular emphasis on their experience and professional affiliation. Also, include any additional information or staff support that will be required from City personnel. In addition, please provide a current copy of the operating procedures, employee manual, or equivalent document. e. Related Experience Describe recent, directly related public agency experience. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; value of the contract; name of the Contract Director and/or Manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least five references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address, and telephone number. The City reserves the right to contact any of the organizations or individuals listed. f. Customer Service Reputation Customer service is of upmost importance to the City; therefore, the City reserves the right to inquire about the quality of customer service the Proposer provided to reference(s) listed under Related Experience. g. Financial Responsibility (Capacity) Proposer shall submit its most recent audited financial statement, evidencing Proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a 90-day period. If said financial statement does not reflect full 90-day operational capacity, Proposer may include a letter of credit as evidence of supplemental capacity. Organizations in questionable or poor financial condition may be immediately disqualified from the competitive RFP process. CITY OF SANTA ANA STREET SWEEPING SERVICES 8 h. Proposed Work Plan Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers’: i. Anticipated approach to performing services as specified herein, including descriptions of the type(s) of equipment to be utilized in the City. ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. i. Sweeper Equipment Profile Provide a detailed overview of the sweeper equipment that will specifically be used for the City. Overview should include years, make, and models of sweepers; fuel type; type of sweeping technology; recommended speed for residential streets when sweeping; recommended speed for arterial streets when sweeping; a description of components that will require regular maintenance to allow the sweeper to efficiently and effectively operate; any information City staff should be aware of when reviewing the equipment details. Include the number of sweepers the contractor currently has staged within a sixty (60 minute) travel time from the City. j. GPS Vehicle Tracking Equipment/Software Profile Provide a detailed overview of the vehicle tracking equipment and software that City staff will have access to in order to view real time, and archived, vehicle location, speed, direction, date/time stamps, distance traveled, etc. Reporting should be able to distinguish between non-sweeping travel and sweeping activity. Please provide the name of the company providing the equipment and software, how the software is accessed, screenshots, a web link to view more information about the proposed system, and any other information the City should have in order to make an informed decision. k. Other Information Include any other information you consider to be relevant to the proposal and will assist City staff in making an informed decision. Additional optional services may be provided at the discretion of the contractor l. References Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal Completed Cost Proposal Form (Attachment A) – submitted separately as described in Exhibit I. Pricing shall be based on a curb mile cost as described in Exhibit I. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right CITY OF SANTA ANA STREET SWEEPING SERVICES 9 to negotiate compensation and/or payment schedule prior to award of any resulting agreement. The City is also requesting pricing on roadway cleaning debris & litter removal. This service is an Add-On Alternatives/As-Needed; therefore, items will not be part of the base bid. Details for this section can be found under XXVII. ADDITIONAL REQUIRED SERVICES. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. • Adjustment to Charges The parties may agree to an annual adjustment of street sweeping charges (not to exceed 3%) at the end of the first 24 months of the agreement and every year thereafter, utilizing the month of December statistics and supporting documentation (no price increase will be considered in the first 24 months). The two indices which will be used for determining adjustments to street sweeping charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-Long Beach-Anaheim CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at ten (10%) percent. Contractor must submit a written request by February 5th of every year for the City’s review and consideration 3. Bid Bond required (All Bidders): A proposal deposit in the form of a bid bond is required to be sumitted with the proposal. The value of the Bid Bond shall be in the amount of five-percent (5%) of the total proposed annual contract amount of the proposal Attachment A. The Bid Bond upon a form provided by bidders’ surety company or a certified check payable to the City and drawn on a solvent bank of the United States of America, is required with the bid. A scanned copy of the Bid Bond shall be submitted along with the electronic bid, by the bid submission deadline. The original hard copy of the Bid Bond shall be submitted to the Purchasing Office at the address listed below, as a guarantee that the contractor, if awarded a contract, will execute and deliver such contract to the City. Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below: City of Santa Ana – Finance & Management Services (M16) Attn: Eva Pierce 20 Civic Center Plaza Santa Ana, CA 92701 CITY OF SANTA ANA STREET SWEEPING SERVICES 10 Documents shall be clearly labeled in a sealed envelope as follows: RFP 23-007: STREET SWEEPING SERVICES Bid Bond or Certified Check must be received no later thatn 3 business days after the proposal due date. Note: The Certified Check received from bidders in lieu of a bid bond shall be returned upon the City’s awarding of a contract. All deposits will be held until a Contract has been executed with the successful Bidder or all bids have been rejected. • Faithful Performance Bond (Awarded Contractor Only): The successful offeror shall supply a performance bond in the amount of one-hundred percent (100%) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract and adjusted to 100% of any future increased annual contract amount. The performance bond shall be renewed and submitted to the City annually. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful offeror fails to execute the written contract and furnish the required performance bond or to satisfy any other conditions present, within a reasonable time as determined by the City. VIII. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: • Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References • Attachment C: Responsible Proposer – Supplemental Questionnaire • Attachment D: Proposer’s Statement • Attachment E: Non-Collusion Affidavit • Attachment F: Non-Lobbying Certification • Attachment G: Non-Discrimination Certification • Bid Bond per submittal instructions The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: City will not be waive notarization requirement when applicable on any of the required attachments. IX. REFERENCES Contractor shall provide five (5) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references. CITY OF SANTA ANA STREET SWEEPING SERVICES 11 City may disqualify a Proposer if: • References fail to substantiate Proposer’s description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours. X. MINIMUM SCOPE AND LIMIT OF INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Additionally, Contractor shall provide the following insurance coverage: Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form CITY OF SANTA ANA STREET SWEEPING SERVICES 12 of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. CITY OF SANTA ANA STREET SWEEPING SERVICES 13 Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. XI. SELECTION PROCEDURES & CRITERIA A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Proposers will be ranked by the review committee based on the following criteria: C. A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. CATEGORY POINTS Implementation Plan • Ability to meet performance schedule • Proposed equipment/GPS tracking system • Proposed employee training program 10 Experience of Proposer and Key Personnel • Recent experience / long term-contracts (Quantity/Similar Operation/Scope of Service) • Company’s structure demonstrates sufficient depth, capacity for its present and additional workload • Proposer’s financial capacity 20 Cost of Proposal • Competitiveness and cost effectiveness of proposed project costs 60 References • References that are similar in size and project scope to the City. • Customer service approach and reputation with municipal agencies 10 TOTAL POSSIBLE SCORE 100 CITY OF SANTA ANA STREET SWEEPING SERVICES 14 If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non- responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. XII. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XIII. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which CITY OF SANTA ANA STREET SWEEPING SERVICES 15 could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR’S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. CITY OF SANTA ANA STREET SWEEPING SERVICES 16 All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City. CITY OF SANTA ANA STREET SWEEPING SERVICES 17 N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub- consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, CITY OF SANTA ANA STREET SWEEPING SERVICES 18 reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor CITY OF SANTA ANA STREET SWEEPING SERVICES 19 shall not be relieved for the non-performance of any or all Subcontractors. Subcontractor will only be accepted as per Exhibit I, Section XXVII Additional Required Services to be Offered on an As-Needed Basis. Z. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. Prevailing Wage Compliance and Monitoring Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. XIV. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. CITY OF SANTA ANA STREET SWEEPING SERVICES 20 XV. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of sweeping services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling of routes. CITY OF SANTA ANA STREET SWEEPING SERVICES 21 Contractor shall perform services as set forth below. I. IMPLEMENTATION The contract will require the implementation schedule below. In addition to street sweeping services, sweeping of City owned surface parking lots may be requested. Currently, the street sweeping operation utilizes a minimum of five street sweepers and increases the fleet during leaf season or other high- volume periods of tree debris (e.g., leaf and jacaranda seasons). City staff shall have the right to modify, add, reduce, or delete the amount of sweeping, schedules, routes, frequency, phases, standards and days of sweeping with prior notice to Contractor. A. IMPLEMENTATION SCHEDULE: ROUTE TYPE CURB MILES FREQUENCY TOTAL ANNUAL CURB MILES Residential 647 Weekly 33,660 Arterials 214 2 x Week 22,300 Raised and Non-Raised Center Medians 215 2 x Month 5,148 Industrials 59 2 x Month 1,420 Downtown 11 5 x Week 2,920 Alleys 92 Weekly 4,789 Total Curb Mileage 70,237 II. PERFORMANCE ON SCHEDULE The Contractor will be provided the latitude in establishing work schedules which correspond to the City’s route schedules, manpower and equipment resources. The Contractor will be provided the opportunity to discuss with the City adjusting established schedules to meet special circumstances. The City will make all final decisions pertaining to adjustment of schedules based on feasibility and efficiency with the goal of completing sweeping on the day scheduled. III. CONTRACTOR REQUIREMENTS & RESPONSIBILITIES I. WORK ASSIGNMENTS & SCHEDULE The City will provide weekly route schedules to the Contractor. Routes schedules have been established to maximize efficiency and minimize impacts on residents, businesses and schools. The Contractor shall submit a written sweeping schedule to the City Projects Manager or designee within fifteen (15) days of the effective date of an executed agreement. This schedule shall clearly identify the sweeping tasks required by this agreement and days they are scheduled to be performed in each particular area. Contractor shall have ability to review and propose sweeping route modifications to the City for review as efforts to improve sweeping program efficiency. If it is necessary to make periodic revisions to this maintenance schedule, EXHIBIT I SCOPE OF SERVICES CITY OF SANTA ANA STREET SWEEPING SERVICES 22 a modified schedule must be submitted for review to the Projects Manager or designee for approval prior to the date the changes are to take effect, but not less than 48-hours. Otherwise, it is intended that the Contractor will develop a permanent schedule utilizing the information, route schedule and any other information provided by the City, which will allow the City to monitor the Contractor's progress. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or week based on curb miles not swept. On rainy days, normal sweeping operations should be considered in effect unless or until they are canceled by City Project Manager or designee. The designated Contractor holidays for this contract shall be New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day Holidays and Christmas Day Holidays. The existing posted routes (days and times) will not be changed to accommodate Contractor. The City reserves the right to change frequency of sweeping routes, modify routes with either reduction or addition of curb miles swept, and add new streets and routes to be swept. II. ALTERNATIVE-FUEL SWEEPING EQUIPMENT This solicitation for services will require alternative-fuel sweepers ONLY, as defined pursuant to Air Quality Management District (AQMD) Rule 1186.1 - alternative-fuel sweeper means a sweeper with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. Hybrid-electric and dual fuel technologies that use diesel fuel are not considered alternative-fuel technologies for the purposes of Rule 1186.1. III. STREET SWEEPING EQUIPMENT 1. The street sweeper or any relief sweeper used to perform this contract work shall: a. Be AQMD and State (if applicable) approved alternative fuel. The Contractor shall be liable for all AQMD, State or Federal fines levied against the City relating to Contractor Street sweeping equipment violations. b. Be a standard full size motorized sweeper equal to or larger than a Tymco 600, Schwarze model A7 or similar model with comparable hopper size, equal pick up abilities and with dual gutter brooms. c. Equipment shall be maintained visually and operationally; brushes and brooms are to be replaced regularly. The paint and body of the street sweeper shall be maintained in good condition with no visible rust or body damage. d. Vehicle engines shall be routinely maintained to ensure a high level of service during street sweeping operations and comply with all State or California Department of Motor Vehicles CAL-OSHA and all other applicable codes required by the State, County, and City. e. Equipment should arrive clean for each daily schedule. All equipment is subject to inspection by the City’s Project Manager or other designated City Staff at any time. f. The Contractor shall provide a relief sweeper(s) to complete scheduled routes for each sweeper out of operation, broken down, scheduled for maintenance or any other similar situation. g. The Contractor shall provide a listing of all sweepers and relief sweepers identifying: i. Make, model, and year. ii. Company identification unit number. iii. California license number. iv. Company vehicle colors. CITY OF SANTA ANA STREET SWEEPING SERVICES 23 v. Sweeper color, if different. vi. Names of all operators to be used, California driver’s license number, license class, expiration date and California DMV record for each driver. h. The Contractor will not be permitted to washout or clean hopper on any public street, alley or City owned parking lot. 2. The street sweeper or any relief sweeper shall be equipped with the following: a. Rotating amber dome lights. All sweepers shall conform to all City, County, State and federal safety and environmental requirements. b. DMV night traveling amber side, rear, and top lights or similar. c. Dual side gutter brooms having no less than 5” long bristles. d. A set of road trouble fluorescent triangles. e. A radio or mobile phone. IV. STREET SWEEPING SPEED 1. Street sweepers shall be operated at speeds no greater than eight (8) miles per hour, as will be indicated on tachograph charts, covered hereinafter. 2. Reviews by the City shall be made of all tachograph or Global Positioning System charts to check sweeping start – stop times, miles swept, and sweeping speeds. If at any time the City determines the sweeping speed has exceeded the agreed upon speed, the Projects Manager or designee may require the Contractor to re-sweep any part of, or the entire sweeping route in question at no additional cost to the City due to excessive speed or lack of quality. 3. Indications of any day’s sweeping exceeding 8 miles per hour shall result in: a. Notification after the first two occurrences to the contractor that he is in non-compliance. b. Reduction in monthly payment by approximately eight (8) miles an hour of the current curb rate for each day that sweeping is recorded in excess of 8 miles per hour over an average of one hour per day. V. QUALITY OF SWEEPING The quality of sweeping shall be to the satisfaction of the Public Works Agency Executive Director or designee. A. The Contractor shall at all times use good sweeping practices as dictated by the highest standards within the sweeping industry and will make adjustments to its equipment as necessary, resulting in clean streets with no debris trails left behind. During the fall and winter seasons or following a windstorm or seasonal Jacaranda tree flower drop in the spring, the Contractor is expected to complete all routes; therefore, the Contractor will be responsible for adjusting resources to ensure routes are completed (by but not limited to increasing sweepers/operators during the fall season). The sweeper must CITY OF SANTA ANA STREET SWEEPING SERVICES 24 operate with dual brooms unless it is unfeasible. On occasion and as deemed necessary by City, this will require the complete width of the street, curb to curb, to be swept clean of debris. The Contractor must exercise due care to prevent spilling, scattering, or dropping of debris during the sweeping activity and shall immediately clean up any such spillage, dropping, or scattering. Sweeping practices include, but are not limited to the following: 1. Sweeping speed shall be adjusted to street conditions with a maximum speed of eight (8) miles per hour; and patterned concrete medians, intersections, and crosswalks shall be swept at a maximum speed of three (3) miles per hour. 2. Items impeding sweeping, such as palm fronds, rocks, and debris shall be removed from the sweeping path by the operator rather than going around them. Immovable items that impede sweeping such as construction debris and areas of impaired vertical or horizontal clearance caused by tree limbs shall be reported to the Project Manager or designee immediately for correction. 3. Contractor is not responsible for areas missed due to parked cars or other personal property. 4. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City to ensure the highest sweeping quality. 5. Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases, to ensure curb-to-curb coverage of the street. 6. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. 7. Street grade striped medians shall be swept in their entirety. 8. All deposits within intersections shall be removed as part of the sweeping operations. 9. Each street shall be swept clean to the adjacent property line. If a swept area is deemed to be below acceptable performance standards by the Projects Manager or designee, the substandard section shall be re-swept before the end of the day at no charge to the City. The determination of acceptable performance is at the sole discretion of the City. Contractor shall re-sweep at their own expense. The Projects Manager or designee shall be notified of the completed re-sweep. Swept clean means clean street with debris trails left behind. Any sweeper used must not blow debris onto private property. VI. GLOBAL POSITIONING SYSTEM (GPS) 1. The Contractor shall provide automatic vehicle location device (vehicle location and management system [e.g., GPS]) on all street sweeper units, including subcontractors. This device shall be placed on all sweeping equipment assigned to the City at the Contractor’s cost. 2. Contractor shall provide associated easy to use, cloud based software programs, which will report all street sweeping activity and is accessible from web browsers on a variety of desktop, laptop and mobile devices. The associated software shall be provided at no cost to the City including monthly monitoring charges. The Contractor shall provide software and licensing for a minimum of five (5) City users. 3. Software shall be capable of demonstrating real-time location, speed and path of travel of equipment equipped with GPS systems. Software shall be capable of recording and printing daily activity logs indicating actual miles traveled, streets swept, curb miles swept, brooms up or down, the direction and speed of travel, ground speed of equipment, the CITY OF SANTA ANA STREET SWEEPING SERVICES 25 location of equipment at any given time and any other information that is suitable for documenting actual work performed by the Contractor under this agreement. 4. Contractor shall have a tachograph system to backup GPS in the event of a system failure and shall submit an initialed tachograph chart for any period of work with the monthly invoice for any day of work that the GPS system is non-operational. 5. Contractor shall provide adequate training on an annual basis for City staff in the operation and use of this system and allow City of Santa Ana Public Works Maintenance division employees access to login from any web browser. 6. Should any GPS device fail, or need repair, the Contractor shall immediately report that the GPS is inoperative to the City. If the Contractor’s software or monitoring website fails, the Contract Administrator shall immediately notify the City. Contractor shall repair any non- operational portion of the system within two (2) business days or liquidated damages will be deducted from payments due the Contractor for each twenty-four (24) hour period, or portions thereof, that the system is unavailable to the City. VII. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE City of Santa Ana Public Works Agency authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the Contractor. Such signage design shall be pre-approved by the City prior to production. Signage type and material shall be plastic with magnetic backing, painted signage on vehicle or similar. Taped vehicle signage will not be allowed. Such signage shall state Authorized Contractor, City of Santa Ana, Public Works Agency, name of Contractor and Contractor telephone number. Signage Letter Minimum Size shall be three-inches for Authorized Contractor, City of Santa Ana and Public Works Agency. A minimum of one-inch height will be required for all other information. VIII. FUELING OF SWEEPERS The Contractor shall be responsible for fueling each sweeper and shall be ready to sweep at all scheduled times. The City highly encourages the Contractor to explore possibilities of purchasing fuel at the City Corporate Yard fueling station located at 220 S Daisy Ave, Santa Ana, CA 92703. IX. SPECIAL SWEEPING This contract shall require up to 400 annual curb miles of special sweeping at no additional cost for special events, parades, inclement weather sweeps, roadway hazards, spills (similar, but not limited to oil, paper, debris, etc.). These sweeps are not re-sweeps of an area not swept properly, but rather an additional sweep that is not part of the regular schedule. If appropriate, prior approval from City Projects Manager or designee is required. X. PERFORMANCE DURING INCLEMENT WEATHER CITY OF SANTA ANA STREET SWEEPING SERVICES 26 1. The City shall determine when the sweeping operations should cease due to inclement weather or other reasons and will notify the Contractor immediately once decision is made. 2. During the periods when inclement weather hinders normal operations, the Contractor shall adjust their work force in order to accomplish those activities impacted by weather. 3. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. XI. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY The Contractor shall furnish a Supervisor, not assigned to operate a sweeper. The function of the Supervisor will be to monitor the day-to-day operation to ensure thorough and timely completion of all routes. The Supervisor will redirect sweepers to return to areas that do not meet presentation standards. The Supervisor will procure additional sweepers or extend hours if necessary to stay on schedule and produce work of a high quality which will be acceptable to the City’s Project Manager or authorized representative. The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the City’s Project Manager or authorized representative, all work required under the Contract. All work shall meet with the approval of the City of Santa Ana Public Works Maintenance Services Division. There shall be a minimum of one monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by the Contractor will be submitted in writing to the City on a weekly basis. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. XII. CONTRACTOR’S OFFICE Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cellular phone. Contractor shall have a maximum response time of sixty (60) minutes to all emergencies. XIII. CONTRACTOR PERSONNEL Contractor’s employees shall be required to wear a clean uniform bearing the Contractor’s name. Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City. Employees driving the Contractor’s vehicles shall at all times possess and carry a valid Commercial Driver’s License as applicable issued by the State of California. Any person employed by the Contractor who fails or refuses to carry out the directions of the City, appears to be incompetent, acts in a disorderly, improper or unsafe manner, or shows signs of intoxication or other impairment shall be immediately removed from the job site by the Contractor. Prior to returning a removed employee to work within the City, the Contractor shall provide in writing the reason for the individual’s behavior and the means used to prevent this CITY OF SANTA ANA STREET SWEEPING SERVICES 27 behavior from occurring again. Failure of the Contractor to prevent, prohibit, or resolve problems with its employees working within the City will result in sweeping operations being suspended until further notice, and cause for contract termination. The City may enter a contract with another party for street sweeping services during such a suspension, and the Contractor will be liable for all costs. XIV. LABOR STRIKE It shall be the responsibility of each contractor to provide continuous contractual services, without any interruption. In case of any labor strikes, the Contractor shall provide other means, as its own cost, to provide a comparable continuous contractual service as if there were no strike. Failing to do so will cause the City, to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor. XV. SUBCONTRACTOR/JOINT VENTURES The selected Contractor shall be the Prime Contractor performing the primary functions of the Agreement at all times which is street sweeping. If any portion of the Agreement is to be performed by a subcontractor for the ADDITIONAL REQUIRED SERVICES in Section XXVII, this must be clearly set forth in the Proposal submittal as to what part(s) is/are to be delegated. The City reserves the right to reject any Proposal wherein use of subcontractors significantly affects the ability of the Proposer to function as the Prime Contractor on the awarded Agreement. The Prime Contractor will at all times be responsible for the acts and errors or omissions of its subcontractors or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a Proposer’s request to use subcontractors is at the sole discretion of the City. XVI. WORKING HOURS All sweeping activities shall be completed according to established sweeping time windows as posted on City streets. Typically, sweeping operations should be completed by 3:30 PM, Monday through Friday unless prior approval is given by the City Projects Manager or designee. Generally sweeping occurs no earlier than 4:00 AM, except in designated areas in which sweeping begins at 2:00 AM, such as the Downtown area. Approval and deviation of Contractor schedule will be at the sole discretion of the City. XVII. INSPECTIONS The Executive Director or his designee shall regularly inspect the streets and other City property subject to this Agreement to ensure that the work is being, and has been, performed in accordance with the terms identified in this agreement. All work found in such inspections not conforming to the applicable requirements shall be corrected by the Contractor and the City shall have the right to withhold payment to the Contractor until the work is corrected. XVIII. PROTECTION OF THE PUBLIC & DAMAGES TO EXISTING STRUCTURES 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/or repair charges resulting from the Contractor’s actions shall be the sole responsibility of the Contractor. 2. The Contractor shall not permit placing or use equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the CITY OF SANTA ANA STREET SWEEPING SERVICES 28 use of all appropriate warning traffic safety devices when deemed necessary. 3. Methods proposed by the Contractor and approved by the City shall not harm, deface or damage the streets being swept, street trees, sidewalks or street curbs. In the event that damaged to City right-of- way has occurred in the course of work, the Contractor shall be solely responsible for its repair or replacement. XIX. SPECIFICATIONS This scope of services is intended to cover all labor, material and standards of workmanship to be employed for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. XX. WATER The City requires the contractor to use water (recycled or potable water) when sweeping to reduce dust at all times. Therefore, the contractor shall make the necessary arrangements to obtain an attachable portable water meter and a designated recycled water connector (if required) with the City's Water Resources Division to fulfill this agreement's terms. The water meter will collect usage data for the City, but the contractor will not be responsible for paying for water usage. Contractor acknowledges that all sweepers must be equipped with, and all drivers must be instructed in the proper use of, approved hydrant wrenches and anti-surge/eddy valves and hydrant meters. In the event Contractor encounters an inoperable or "dead" fire hydrant, Contractor shall report hydrant's condition and location to the City Public Works, Maintenance Services Division, within twenty-four (24) hours. Backflow Preventers shall be used properly with all water filling equipment (NO EXCEPTIONS). The use of recycled water is preferable to potable water. Recycled water fill station locations will provide by the City upon execution of the agreement. The contractor will also have access to City fire hydrants to fill sweepers. XXI. DEBRIS DISPOSAL Disposal of debris at the City Corporation Yard and at City designated debris exchange zones will be permitted at no cost. Proposal pricing/fee shall not include any disposal fees. Debris disposal shall not be permitted onto the street. The Contractor will be responsible for collection of incidental debris around trash container/bin resulting from disposal exchange within two-hours after exchange. Coordination will be made by the City Projects Manager or designee. The Contractor shall make every effort to recycle materials. XXII. SPILLS 1. The Contractor shall make additional passes on a street route to pick up any spillage of sweeping materials debris dropped during turns or crossings of cross gutters, prior to moving to the next area. 2. The equipment operator shall immediately stop in the event of equipment spillage such as a spillage of gasoline, diesel, motor oil, or hydraulic oil. A call for assistance must be made and the area cleaned within two hours. Failure to affect a proper cleanup will result in the City responding with Fire and Public Works Hazmat crews, and costs will be deducted from the following invoice to be paid. The quality of spill clean-ups shall be to the satisfaction of the City Projects Manager or designee. CITY OF SANTA ANA STREET SWEEPING SERVICES 29 XXIII. RECORDS The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The Contractor shall complete a monthly maintenance report indicating work performed, including GPS maps of routes swept and submit this completed report to the City Projects Manager or designee, This report should also contain a description of work performed, including man- hours, equipment, and any additional work, which the Contractor deems to be beyond the scope of the contract. Payment for this work will not be authorized unless the additional work and the costs thereof are first approved by the City. A phone log will be submitted monthly of all calls from the City of Santa Ana Public Works Agency Maintenance Services Division and the City of Santa Ana Police Department to the Contractor, identifying whether or not those calls require a request for service, and a description of the action taken from the City call. The Contractor shall provide monthly phone customer service logs from the public, indicating name, date, time and phone number of caller, reason for request, response/action by Contractor and time required to address request. Such logs shall be accurate and truthful. The Contractor shall permit the City to inspect and audit its books and records regarding City- provided services at any reasonable time. XXIV. AFTER-HOUR EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City. These Contractor representatives shall respond to said emergency within one (1) hour from receiving notification. The City anticipates the need for this service of up to five-occurrences per year. XXV. MATERIALS AND EQUIPMENT A. The contractor shall make all reasonable effort to purchase equipment and materials In the City and to utilize Santa Ana vendors. Such efforts shall be provided to the City. The City shall have the ability to provide a list of possible Santa Ana Vendors to the Contractor. B. Contractor shall furnish all labor, equipment tools, and materials and supplies including Personal Protective Equipment (PPE), such as face mask respirator (N- 95) gloves, coverall suits, trash bags and the skills and training required to perform all services listed above and per Cal-OSHA requirements. XXVI. CUSTOMER SERVICE Contractor shall provide service, which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. A Contractor equipment operator is an extension of the City of Santa Ana Public Works, and as such is expected to: 1. Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner. 2. Give full attention to each customer’s needs by asking questions. Provide information, products and service in an accurate, organized and complete manner. Determine that the customer’s request has been fulfilled. 3. Comply with all federal, state, county, and city laws and regulations. 4. Use adequate equipment that is kept clean and neat at all times. 5. Train other Contractor employees to be polite and courteous during public contact. CITY OF SANTA ANA STREET SWEEPING SERVICES 30 6. Employ truth and accuracy in reporting customer service records. XXVII. ADDITIONAL REQUIRED SERVICES TO BE OFFERED ON AN AS-NEEDED BASIS Services described below may be provided by a Subcontractor but must be managed by the awarded contractor (street sweeping provider). Proposals submitted without this service component may be deemed NON-RESPONSIVE. A. BIKE LANE SWEEPING 1. Bike Lane Sweeping shall be comprised of sweeping protected (raised curb) and non- protected bike lanes with mini-street sweeper to ensure there is no debris in the path of cyclists that could pose a hazard. These bike lanes are typically boxed in by curbs, barriers or reflective markers, effectively preventing your normal street sweeping operations to clean these lanes. Currently, the City of Santa Ana has approximately 10 miles of protected bike lanes and has a future build out of approximately 30 miles or more. 2. Mini-street sweeper shall be able to sweep a protected bike lane with a width as low as 67-inches wide. B. CREW LABOR Services and work to be performed by Contractor shall consist of, but not be limited to, the following: 1. Removal and Disposal of Debris/Rubbish Debris and rubbish may include, but Is not limited to the following: a. Bulky items such as furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices; b. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter; c. Concrete, asphalt, bricks or other construction debris; and d. Tree debris, cut brush, tree limbs, and similar materials. e. Weed removal via mechanical or manual methods 2. Hand sweeping (or blowing) of streets, sidewalks and similar areas. 3. Porter Services a. Shall include litter pick-up, including but not limited to unwanted or useless materials, or rejected matter, gum, food remains, sewage, excrements, dust, dirt, decals, liquid or dried matter, hypodermic needles, soiled clothing, blankets, and cleaning of Refuse Container, outdoor benches, bollards, and light poles. b. Cleaning of benches, bollards, lights poles on a regular basis using clean cloths and a cleaning solution. c. Service locations and routes will be provided by the City. CITY OF SANTA ANA STREET SWEEPING SERVICES 31 d. Designated areas may be changed by the City at any time. 4. All rubbish and garbage shall be removed from the property and disposed at the City Yard or at designated debris disposal site. 5. Sufficient inspection will be provided but not such as will substitute for supervision of the work by the Contractor Supervisor or Manager. 6. At the completion of the work, the site shall be left in a clean condition by utilizing blower or push broom, unless it is an unpaved area, vacant lot, Creek or other similar site conditions. 7. Report Services – Homeless, fallen trees, and hazardous materials using appropriate work order reporting systems or websites provided by the City. 8. Daily work must be documented using an electronic device (mobile phone, tablet or similar) and uploaded to City’s work order system (MySantaAna App or Similar). 9. Daily work/routes and schedules will be assigned by City Staff. 10. Contractor shall furnish all labor, equipment tools, and materials and supplies including Personal Protective Equipment (PPE), such as face mask respirator (N- 95) gloves, coverall suits, trash bags and the skills and training required to perform all services listed above and per Cal-OSHA requirements. C. POWER WASHING 1. Power-Washing of Street, Sidewalk, Curb, and Gutter designated by City to remove gum, dirt, and non-gum stains. a. Power-washing is defined as the simultaneous mechanical removal of materials or pollutants from the surface of the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and the Collection of the waste and water (containment/recovery system). b. Process used shall leave the area clean and free of stains and of all loose, embedded materials including chewing gum, oil, grease, grime, and other fluids. c. The cleaning process must not damage the concrete surfaces or the brick paver surfaces. d. Service locations and routes will be provided by the City and may change at City’s request. e. Contractor requests for changes must be approved by the City prior to any changes. 2. Labor and Vehicle Requirement: Appropriate number of vehicles to support crews shall be provided. 3. Schedule: As determined by the City of Santa Ana. I. DEFINITIONS CITY OF SANTA ANA STREET SWEEPING SERVICES 32 1. Clean Street Condition – Clean streets with no debris trails left behind 2. Contractor – Refers to the individual, partnership, or corporation that is awarded a contract by the City upon conclusion of this RFP process. 3. City Holidays Observed – New Year's Day, Martin Luther King, Presidents’ Day Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve and Christmas Day. 4. Curb Mile – measurement of curbing of streets and medians and equal to 5,280 linear feet. 5. Curb-to-Curb – area within the curb limits of the street including medians, intersections and street ends. 6. Debris – litter, rubbish, leaves, sand, debris trail, dirt, garbage, and other foreign material. 7. Inclement Weather – weather conditions that prohibit the effective operation of sweeping operations. 8. Linear Mile – measurement of actual miles driven in order to satisfactorily clean streets to the City standard, which may require multiple passes depending on condition and width of street. 9. Re-sweep – sweep required when previous sweeps are deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation. Such re- sweeps will be at no additional cost with up to two re-sweeps performed to City satisfaction. 10. Special Sweeping (Sweeps) – sweeping involving special events, parades, inclement weather, roadway hazards, spills (similar, but not limited to oil, paper, debris, etc.) and City surface parking lots. 11. Street – all paved dedicated public rights-of-way within the existing or future City limits. 12. Sweeper – Sweeping machine. 13. Travel Speed – sweeper operator must maintain a speed of no more than eight (8) miles per hour, or other agreed upon speed by the City, while the sweeping broom is lowered in the operating position. II. COMPENSATION 1. Invoices a. The Contractor shall submit a monthly invoice by the 15th of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted electronically in a Microsoft Excel 2016 format or newer, or other format approved by the City Projects Manager or designee. The invoice shall include the following information at a minimum: i. Contractor’s invoice number ii. Beginning and ending dates for services iii. City work order number (if applicable) iv. Work site address/location (if applicable) v. Unit cost, subtotals and total for invoice vi. Curb miles swept authenticated by GPS reports and maps. vii. GPS Route Maps (if requested by City) CITY OF SANTA ANA STREET SWEEPING SERVICES 33 2. Payment Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional street sweeping service. 3. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs. Documentation of contract compliance may be required on some occasions. III. TERMINATION The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause. 4. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if Contractor violates any provision of this Agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor’s Project Manager. Contractor shall cure said default within a period of two (2) working days. If more than two (2) working days are reasonably required to cure the default, Contractor shall provide adequate assurance of due performance within forty-eight (48) hours after Contractor receives written notice of default from City. Such assurance shall include acknowledgement of the default, Contractor’s proposed remedy and the timeline (not more than seven (7) working days) for cure. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Contractor’s Project Manager. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor’s default. 5. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. 6. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor’s compensation for contract services if, in the judgment of the Projects Manager or designee, the level of maintenance falls below appropriate street sweeping maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the Projects Manager or designee determines that contract services are performed as well and as frequently as required by this Agreement. IV. CONTRACTOR OPTION FOR TERMINATION CITY OF SANTA ANA STREET SWEEPING SERVICES 34 The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one-hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City a minimum of thirty (30) working days to cure the alleged breach. V. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. VI. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS Contractor shall participate in extensive public awareness efforts and community events and programs, such as neighborhood clean-up events and anti-litter campaigns. Such participation shall be upon City request provided with reasonable notice of event timing. VII. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 7. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 8. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. VIII. FINES The Contractor shall be liable for all violation fines levied against the City by, but not limited to, AQMD, State or Federal Agencies related to Contractor street sweeping services. CITY OF SANTA ANA STREET SWEEPING SERVICES 35 THIS AGREEMENT is made and entered into on this day of , 2023 by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit I, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit II. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a written number (3) year term with the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. EXHIBIT II SAMPLE AGREEMENT CITY OF SANTA ANA STREET SWEEPING SERVICES 36 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. MINIMUM SCOPE AND LIMIT OF INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Additionally, Contractor shall provide the following insurance coverage: Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. CITY OF SANTA ANA STREET SWEEPING SERVICES 37 If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage: 4. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 5. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. CITY OF SANTA ANA STREET SWEEPING SERVICES 38 6. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a CITY OF SANTA ANA STREET SWEEPING SERVICES 39 representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any CITY OF SANTA ANA STREET SWEEPING SERVICES 40 of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. TERMINATION This Contract may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. I. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. II. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. III. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 CITY OF SANTA ANA STREET SWEEPING SERVICES 41 Fax: 714- 647-6956 With courtesy copies to: To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IV. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Kristine Ridge Clerk of the Council City Manager First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: CITY OF SANTA ANA STREET SWEEPING SERVICES 42 APPROVED AS TO FORM: CONSULTANT: SONIA R. CARVALHO City Attorney By: Assistant City Attorney Tax ID# RECOMMENDED FOR APPROVAL: SAMPLE ONLY (name) (title) CITY OF SANTA ANA STREET SWEEPING SERVICES 43 *Made available as a separate attachement to this document. *EXHIBIT III DETAILED STREET SWEEPING ROUTE MAPS CITY OF SANTA ANA STREET SWEEPING SERVICES 44 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Base Bid Item Price - Pricing shall be based on a curb mile cost as described in Exhibit I. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the City Projects Manager or designee in writing. The City has the option to purchase and provide materials. Special material will be purchased by the City and/or the City will reimburse the Contractor after authorization by City. City staff shall have the right to modify, add, reduce, or delete the amount of sweeping, schedules, routes, frequency, phases, standards and days of sweeping with prior notice to Contractor. STREET SWEEPING SCENARIO ONE $ per Curb Mile x 70,237 Curb Miles = $_________________ TOTAL for SCENARIO ONE - A Spelled Out: *Price for SPECIAL SWEEPING (SWEEPS): $_________________per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of Free Sweeping or Scheduled Sweeping) ATTACHMENT A – Continue Next Page ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING CITY OF SANTA ANA STREET SWEEPING SERVICES 45 AS-NEEDED SERVICES (Non-Base Bid Item) - Pricing shall be based on the items listed below and described in the Scope of Services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after having discussed and received authorization by the City Projects Manager or designee in writing. The City has the option to purchase and provide materials. Special material will be purchased and/or by the City or the City will reimburse the Contractor after authorization by City. Additional crew laborers may be requested by the City as needed. Proposal submitted without this service component will be deemed NON-RESPONSIVE. ATTACHMENT A – Continue Next Page ROADWAY CLEANING DEBRIS & LITTER REMOVAL SERVICES (AS -NEEDED SERVICES) ITEM # BID ITEM DESCRIPTION HOUR S “A” UNIT WEEKLY UNIT PRICE “B” EXTENDED TOTAL PRICE (“A” × “B”) 1. BIKE LANE SWEEPING 1,000 HOUR AS NEEDED $ $ 2. CREW LABORER* – 8 Laborers at 40 hours per laborers equals 320 hours per one week) (1 Week 320/Hours) (Hourly Rate shall Not include a markup for disposal charge) *Crew size = 2 laborers 320 HOUR 1 WEEK $ $ 3. POWER WASHING 1,000 HOUR AS NEEDED $ $ TOTAL NON-BASE BID AMOUNT NOTE: ITEMS IN THIS SECTION NOT PART OF THE BASE BID $___________ CITY OF SANTA ANA STREET SWEEPING SERVICES 46 NOTE: THIS CONTRACT IS SUBJECT TO PREVAILING WAGES. (SEE SPECIAL PROVISIONS SECTION Z). BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITITES AND ARE NOT GUARANTEED. LEGAL NAME OF COMPANY PHONE AND FAX NUMBER BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT SIGNATURE OF AUTHORIZED AGENT TITLE DATE E-MAIL ADDRESS FEDERAL IDENTIFICATION NUMBER (IF APPICABLE) CONTRACTOR LICENSE NUMBER (IF APPICABLE) ATTACHMENT A – Last Page THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. CITY OF SANTA ANA STREET SWEEPING SERVICES 47 PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S ROPOSAL List and describe fully the contracts performed by your firm where a minimum of 10,000 annual curb miles were swept and which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications & customer service reputation. Reference No. 1 Customer Name: Contact Individual/Email: Address: Phone Number: Facsimile Number: Annual Contract: Year: Curb Miles Swept: Description of supplies, equipment, or services provided: Reference No. 2 Customer Name: Contact Individual/Email: pAddress: Phone Number: Facsimile Number: Annual Contract: Year: Curb Miles Swept: Description of supplies, equipment, or services provided: Reference No. 3 Customer Name: Contact Individual/Email: Address: Phone Number: Facsimile Number: Annual Contract: Year: Curb Miles Swept: ATTACHMENT B REFERENCES CITY OF SANTA ANA STREET SWEEPING SERVICES 48 Description of supplies, equipment, or services provided: Reference No. 4 Customer Name: Contact Individual/Email: Address: Phone Number: Facsimile Number: Annual Contract: Year: Curb Miles Swept: Description of supplies, equipment, or services provided: Reference No. 5 Customer Name: Contact Individual/Email: Address: Phone Number: Facsimile Number: Annual Contract: Year: Curb Miles Swept: Description of supplies, equipment, or services provided: CITY OF SANTA ANA STREET SWEEPING SERVICES 49 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA STREET SWEEPING SERVICES 50 1. How many years has your organization been in business in California as a contractor under your present business name and license number? Years *If performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss or license, please complete an additional and separate Questionnaire. 2. What is your firm’s Average Gross Revenue for the last three years? $ 3. Is your firm currently the debtor in a bankruptcy case? Yes No If “yes,” indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 2, above.) Yes No If “yes,” indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board (CSLB) license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended or fined within the last five years? Yes No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner? Yes No 7. Has your firm ever defaulted on a contract? Yes No If “yes,” explain on a separate page. ATTACHMENT C – CONTINUE NEXT PAGE ATTACHMENT C RESPONSIBLE PROPOSER – SUPPLEMENTAL QUESTIONNAIRE CITY OF SANTA ANA STREET SWEEPING SERVICES 51 8. In the last five years has your firm, or any firm with which any of your company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? Yes No If “yes,” explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm’s work on a project, been filed in court or arbitration? Yes No If “yes,” on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? Yes No If “yes,” on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf in connection with a project, either public or private? Yes No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? Yes No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? Yes No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? Yes No If “yes,” identify on a separate page, the person or persons convicted, the court case and CITY OF SANTA ANA STREET SWEEPING SERVICES 52 number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. % 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? Yes No 17. Has Cal-OSHA cited and assessed penalties against the Contractor or its associates for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years? (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) Yes No If “yes,” on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the Contractor or its associates in the past five years? (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) Yes No If “yes,” on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General Contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis- Bacon prevailing wage requirements? Yes No If “yes,” on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA STREET SWEEPING SERVICES 53 (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ________________________ Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D NON-COLLUSION AFFIDAVIT CITY OF SANTA ANA STREET SWEEPING SERVICES 54 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT E NON-LOBBYING CERTIFICATION CITY OF SANTA ANA STREET SWEEPING SERVICES 55 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, ATTACHMENT F NON-DISCRIMINATION CERTIFICATION CITY OF SANTA ANA STREET SWEEPING SERVICES 56 including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. EXHIBIT 2 PREPARED BY:PREPARED FOR: City of Santa Ana Athens Services February 21, 2023REQUEST FOR PROPOSALS NO. 23-007 FOR STREET SWEEPING SERVICES Gary Clifford, Executive Vice President 14048 Valley Boulevard City of Industry, CA 91746 Phone Direct: (626) 934-4619 | Fax: (626) 330-0456 Federal Tax ID Number: 95-4313271 Email: GClifford@AthensServices.com Elizabeth Rubio, Projects Manager City of Santa Ana – Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 A. Cover Letter Dates February 21, 2023 Elizabeth Rubio, Projects Manager City of Santa Ana – Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Dear Ms. Rubio, Arakelian Enterprises, Inc., dba Athens Services, is pleased to submit this fully responsive bid to provide Street Sweeping Services for the City of Santa Ana. As the City’s street sweeping service provider since 2012, we strive to deliver dependable and high-quality service at the most value to the City, residents, and community. We have conducted a thorough review of the request for proposal and are submitting a cost-effective proposal that complies with the requirements and scope of work. Our proposal will leverage our local infrastructure, a fleet of more than 60 sweepers, surrounding routes, experience in the City, and disposal and recycling facilities to offer the most cost-effective service while providing the most value to the community. Cost-Effective Service Athens is committed to providing the most cost-effective service using existing routes and personnel, local infrastructure, and new or like-new equipment. Athens will offer very competitive rates to the City in accordance with the anticipated service start date of July 1, 2023 or sooner, as determined by the City. By continuing a partnership with Athens, the City can avoid the expenses and trouble associated with switching service providers. Athens will collaborate with the City’s Water Resources Division to procure water required to perform street sweeping for the City of Santa Ana as described in the scope of work. The proposed pricing is valid for a period of a minimum of five (5) years subject to annual CPI and PPI increases. Unmatched Experience The City and Athens have been partners since 2012 and as a result, we have mastered our daily routes and are intimately familiar with every street, boulevard, and parkway. Our experience allows us to service the streets efficiently and our extensive fleet delivers unmatched dependability. Equipment Athens will provide street sweeping trucks model new or like new. Athens has the largest street sweeping fleet in the region. This allows us not only to provide service, but also to provide contingency services and the ability to respond to emergencies. With more than 50 street sweepers within minutes of Santa Ana, only Athens has the capability to provide support, backup, or additional resources to the City if the need ever arises. Athens trucks will be equipped with geographical positioning systems (GPS) tracking equipment with 60-day history. Data collected will include speed monitoring, braking, and idle times. Athens will provide on-demand reporting analytics as requested by the City. Additionally, Athens can provide training for city staff and the Public Works Maintenance Division to access and monitor the GPS activity. If awarded, in the immediate Athens will manage the Santa Ana contract from the Downey Area Recycling and Transfer Facility (D.A.R.T.), located at 9770 Washburn Road in Downey, with contact number (562) 622-3503, which is 23 miles from the heart of Santa Ana. Concurrently, we would immediate begin searching for a property within or near the City to house our fleet. Proposal Enhancements Athens proposes to continue our long-term partnership, one that will enhance the City’s beautification efforts and enrich the quality of life for residents, businesses, and visitors. We have done a thorough analysis of the scope of work, and have provide competitive rates that add the most value to the community. Athens looks forward to negotiating an agreement with the City. As part of that discussion, for example, Athens would like to discuss an alternative beyond the required scope. Athens would be willing provide the City with a dedicated full-time service team for all fifty-two weeks of the year. The City would benefit from an all-inclusive agreement that would provide set frequencies for power washing, sweeping bike lanes, performing bulky-item pickups, and providing support during clean-up events for persons experiencing homelessness. At a slightly higher curb-mile rate, we feel this avenue is worth exploration with the City. We also would like to discuss customary and standard changes to certain contractual provisions in areas such as indemnification, termination, rate adjustments, dispute resolution, standards for performance, and modifications to work (including City-directed changes, changes in law, changes to worker classifications, other unanticipated changes), among others. The Board of Directors of Athens authorizes me in my capacity as Executive Vice President, to transmit and sign the proposal, negotiate a contract with the City of Santa Ana, and execute any agreements, assurances, and other documents related to this proposal and any subsequently awarded contract. My signature with this letter serves as a consignment, in good faith, to the RFP selection process, with no intent by Athens to withdraw the proposal. I further warrant that the service and performance requirements as described in the RFP, its enclosures, attachments, draft agreement, and all addenda have been thoroughly reviewed. Athens has conducted all due diligence necessary to confirm material facts upon which the proposal is based. Athens is ready, willing, and able to perform the services as proposed. On behalf of Athens, I am pleased to submit this proposal and look forward to continuing to provide the best street sweeping service available to the City of Santa Ana. Sincerely, Gary Clifford, Executive Vice President 14048 Valley Boulevard City of Industry, CA 91746 Phone Direct: (626) 934-4619 | Fax: (626) 330-0456 Federal Tax ID Number: 95-4313271 Email: GClifford@AthensServices.com Table of Contents Cover Letter............................................................................................................................................................. 02 Services Provided .................................................................................................................................................... 05 Agreement Statement............................................................................................................................................. 05 Contract Organization and Staffing......................................................................................................................... 05 Related Experience.................................................................................................................................................. 07 Customer Service Reputation.................................................................................................................................. 07 Financial Responsibility (Capacity) .......................................................................................................................... 08 Proposed Work Plan................................................................................................................................................ 09 Sweeping Equipment Profile ................................................................................................................................... 11 GPS Vehicle Tracking Equipment / Software Profile ............................................................................................... 13 Other Information ................................................................................................................................................... 14 EXHIBITS Financial Institution Credit Capacity Letter – Wells Fargo .............................................................................. 16 Equipment Listing............................................................................................................................................ 17 Operator Information...................................................................................................................................... 18 Street Sweeping Driving Procedures............................................................................................................... 19 Serious Citation Inspection Details.................................................................................................................. 20 CERTIFICATIONS (ATTACHMENTS) Attachment A: Proposer’s Certification and Proposal Item Pricing ................................................................ 22 Attachment B: References............................................................................................................................... 25 Attachment C: Responsible Proposer – Supplemental Questionnaire............................................................ 27 Attachment D: Non-Collusion Affidavit........................................................................................................... 30 Attachment E: Non-Lobbying Certification ..................................................................................................... 32 Attachment F: Non-Discrimination Certification............................................................................................. 33 BID BOND ................................................................................................................................................................ 35 B. Services Provided Athens has thoroughly reviewed the City of Santa Ana Street Sweeping RFP scope of work and agrees to its requirements and scope of work. We will provide the high-quality service expected by the City, its residents, and businesses. Athens is confident in our ability to exceed the primary objectives of the required services. Athens has extensive experience street sweeping, picking up debris to free the flow of water in gutters, and maintaining streets in a state of cleanliness. C. Agreement Statement Athens can, with confidence, concur without concerns with any and all provisions of the Exhibit II – Sample Agreement of this RFP. Based on our experience in the City of Santa Ana as the current street sweeper, and our reputation as the premier sweeping in the region, we are confident in our ability to meet the RFP scope of work and exceed the City’s expectations. D. Contract Organization and Staffing Approach to Managing Contract Athens’ operational motto is “leave it better than you found it.” This is our approach to servicing our cities and customers. Athens takes pride in providing an essential service to our cities, residents, and businesses. Athens shares the City’s expectations of responsive, professional, high-quality service. We are committed to daily excellence. Our primary goal is to keep streets and parking lots free of debris and prevent contamination of local waterways. Rest assured that with Athens, street sweeping would not skip a beat. We will provide the dependable and quality street sweeping that the community expects from a trusted partner. Athens is more than just a contractor – we are your zero-waste partner. Athens’ street sweepers will clear all debris to ensure water flows freely and maintain street cleanliness. Most debris are removed in a single pass; however, the Athens sweeper will make another pass where necessary, or the driver will manually remove debris. Items of excessive size, such as cardboard, palm fronds, large rocks, etc., will be physically picked up and placed in the sweeper by Athens. We will make as many passes as are required to deliver high-quality results. A designated supervisor will audit sweepers and routes daily to ensure adherence to every facet of the scope of work. In addition, if the sweeper is unable to capture debris around or adjacent, the operator will physically pick up and remove debris or move debris into the path of the sweeper to ensure removal from the area being swept. This level of service is included in the pricing in this proposal. Throughout the period of this Agreement, Athens will establish and maintain an office and have an authorized Supervisor as the point of contact for communications with the City. Athens will report to the Public Works Executive Director any encroachment of vegetation that impairs the ability to sweep. Attached in the Exhibits, is Athens’ Street Sweeping Driving Procedures for the City’s review. Athens will report without delay any damage to City equipment, City property, or private property. Athens will be liable for damages caused by our action. Any repairs and associated cost resulting from such damage will be the responsibility of Athens. Contract Management Team Athens has assembled a contract management team based on experienced and service knowledgeable. This team’s guiding principles are focused on the core tenets of The Athens Way – Service, People, and Environment. Our management team will ensure that we deliver the best service provided by the best people in the industry to foster a safe, healthy, and sustainable environment. Athens has more than 30 years of municipal street sweeping experience. Today, Athens manages the largest street sweeping operation in the region, currently serving more than two dozen municipalities, including over 10 years of experience managing street sweeping in the City of Santa Ana. Organizational Chart Athens’ experienced team of managers and drivers will continue to serve the City and may be augmented by new team members as necessary. The management is committed to ensuring excellent street sweeping service for the City and will be available to meet with city staff for the duration of the contract. Gary Clifford, Executive Vice President Phone Direct: (626) 934-4619 Email: GClifford@AthensServices.com Gary is Athens’ Executive Vice President, focusing on municipal and strategic relationships, and has been with Athens for the last decade. Gary’s extensive municipal, governmental, and business leadership experience is recognized throughout Southern California and includes research, public outreach, capital project management, negotiating, and resolving complex managerial issues. As Executive Vice President, he is a member of the Athens Executive Team. He oversees the company’s business strategies and development of new business opportunities and the compliance with existing contracts and ventures. Gary brings over 20 years of experience working with state and local government, including developing public policy and procedures and implementing municipal services. Matthew Niklas, Executive Vice President Phone Direct: (626) 723-3790 Email: MNiklas@AthensServices.com Matthew joined Athens Services as Division Vice President and brought extensive leadership experience. Before joining Athens, Matt was a general manager for Republic Services. Previously, he served for six years in the U. S. Marine Corps. Today, Matthew serves as our Executive Vice President and will be the top executive in charge of managing the Santa Ana street sweeping contract. Steven Librenjak, Division Vice President Phone Direct: (626) 934-4696 Email: SLibrenjak@AthensServices.com Steven leads the majority of hauling, sweeping, porter, and business operations. Steven brings an extensive knowledge in global supply chain to the team. A graduate from Cal Poly Pomona with a background in Civil Engineering & Business, Steven went on to lead Frito-Lay California, launch Amazon Fresh for the Greater Los Angeles area, and lead Walmart’s North American consolidation network. As one of our top executives, Steven will ultimately hold the responsibility for leading a smooth transition across the City of Santa Ana. Cesar Ortiz, Senior Operations Manager Phone Direct: (626) 890-7253 Email: COrtiz@AthensServices.com Cesar joined Athens in 2006 and oversees the operations of Athens’ entire fleet of more than 60 sweepers. He will be responsible for the overall management of operations and equipment in Santa Ana and will ensure that our service exceeds the City’s expectations. Cesar will serve as the City’s key contact for the duration of the contract. Jimmy Sandoval, Field Supervisor Phone Direct: (626) 705-9224 Email: JSandoval@AthensServices.com Jimmy will supervise the day-to-day operations in Santa Ana. He joined Athens in 2016 as a sweeper operator. In 2017, he assumed the role of field supervisor and currently manages 10 employees. He continues to oversee a growing portfolio of sweeping business across the greater Los Angeles and Orange County areas. Athens Team Members Athens’ team members wear a clean uniform bearing the Athens name. Team members who normally and regularly come into direct contact with the public will also bear some means of individual identification, such as a nametag or identification card. Team members will not remove any portion of their uniform while working within the City. Team members driving Athens vehicles will at all times possess and carry a valid Commercial Driver’s License as applicable issued by the State of California. The names of all operators to be used, license number, expirations, and class of license are included in the Exhibits. Should for any reason an Athens team member be unsatisfactory in the opinion of the City, Athens, when notified in writing, will remove that team member from the job and replace them. Prior to returning a removed employee to work within the City, Athens will provide in writing the reason for the individual’s behavior and the means used to prevent this behavior from occurring again. Approval of Supervisor Athens will provide in writing to the City (before starting work under this agreement) the name of the Field Supervisor. After approval of the Field Supervisor, Athens will submit a written request to the City if a substitute is needed. The Supervisor will have at least two (2) years practical experience in supervision. Athens shall provide adequate supervision as to furnish proper surveillance of workmanship and adherence to the schedule by the team members performing the work. The Field Supervisor or his/her representative shall check with the Department of Public Works weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance. E. Related Experience Athens has more than 30 years of municipal street sweeping experience. Today, Athens manages the largest street sweeping operation in the region, currently serving more than two dozen municipalities. This includes providing services to the City of Santa Ana for over 10 years. Included in Attachment B, are the requested information for five of our longest-tenured contracts and contact information for their administrators. Additional information regarding these references can be made available upon the City’s request. F. Customer Service Reputation Athens maintains a high-level of customer satisfaction with all of its lines of business. Street sweeping is not different. We invite the City to contact the references provides in Form B. References. Our Irwindale office, located at 5355 South Vincent Avenue, houses our Customer Service Department. It operates from 7:00 a.m. to 5:00 p.m. on weekdays and 7:00 a.m. to noon on Saturdays, with English, Spanish, and more than 175 other language capabilities. Our customer service representatives use the latest software to facilitate quick responses. In addition to phone support, customers have access to online chat and other self-service options through AthensServices.com. We understand the importance of the valuable service we provide to the City. Therefore, we are committed to providing the best possible customer service to residents and business owners. We will acknowledge complaints within 12 hours of receipt and resolve 90% within 72 hours of receipt. Responding to Complaints Complaints from the City will be given the utmost priority. In addition to having a local call center, city staff will have the ability to connect directly with the sweeping filed supervisor and manager designated to the City. This will ensure complaints are responded to quickly, within 24 hours, and resolved to the City's satisfaction. This also includes emergency requests. Standards of Performance Athens meets and enforces the highest standards of street sweeping performance. If a swept area is left in an unsatisfactory condition based on the Public Works Executive Director or their designee, Athens will sweep the area again until it is clear of debris within 24 hours of being notified. We will sweep all locations as described and use good sweeping practices, as dictated by industry standards and in accordance with California and County Storm Water BMP Handbooks. When necessary, we will make adjustments to equipment. Sweeping speeds will be adjusted based on street conditions with a maximum speed of eight (8) miles per hour. Athens employees will wear neat, clean uniforms, carry identification and commercial driver’s licenses, and conduct themselves appropriately. Athens has a zero-tolerance policy for drug and alcohol use on the job. Additional services, including emergency call-outs or other instances as requested by the Public Works Executive Director will be handled by one (1) sweeper unless a greater number is agreeable to Athens. G. Financial Responsibility (Capacity) Arakelian Enterprises, Inc. dba Athens Services aka “Athens” has been a family-owned and -operated environmental services firm serving Southern California since 1957. Athens is the largest solid waste hauling company in Los Angeles County and it operates the largest portion of the City of Los Angeles commercial franchise. Below are some key statistics that add to the testimony of Athens being a premier solid waste provider: 40+ municipalities served in Southern California, in 5 Counties (Los Angeles, Orange, San Bernardino, Riverside, and Ventura)        900+ collection, hauling, and container vehicles 2.3 million residential, commercial, street sweeping, and industrial customers 3 Container Management Facilities (Van Norman, Peoria, and Paramount) 7 Operations Facilities 4 Materials Recovery Facilities (MRFs) with a 5th coming to Irwindale 1 Composting facility County-owned and Athens-operated facilities in San Bernardino county – 5 Landfills and 9 Transfer Stations Due to Athens’ prudent financial management and sustainable growth, the company has a mid-9 figure, 4-bank, credit facility led by our 25+ year relationship with Wells Fargo. Based upon our estimate of the necessary capital purchases in the range of $2.5M, we have several times this amount in readily available capital to pay for these costs. There are no bank-driven pre- conditions to immediately accessing this capital. We are well within our credit facility’s compliance structure – even after drawing on what we will need for this contract. Athens’ audited financial statements for the most recent three (3) fiscal years will be made available to the City upon request by the City. If Athens is awarded the contract, its Chief Financial Officer will meet with designated City representatives to review its financial statements. In lieu of the audited statements, Athens has provided a letter of credit from Wells Fargo as evidence of our supplemental capacity. The letter of credit is in the Exhibits. H. Proposed Work Plan Sweeping Practices Athens will at all times use good sweeping practices as dictated by standards within the sweeping industry and will make adjustment to its equipment as necessary. Due care so as to prevent spilling, scattering, or dropping of debris during the sweeping activity, and will immediately clean up any that has occurred. Sweeping practices include, but is not limited to, the following: Sweeping speed will be adjusted to street conditions, including residential and arterial, with a maximum speed of eight (8) miles per hour. Patterned concrete medians, intersections, and crosswalks will be swept at a maximum speed of three (3) miles per hour. Athens may suggest alternate speeds if manufacturer’s recommendation and industry standards state that alternate speeds are safe and effective.   Sweepers will be operated as close to parked cars or other obstacles as safety allows. Within parking lots or other parking areas, debris caught between car stops and major crevices, Athens will blow out debris to allow sweeper to pick up or pick up by hand.   Athens employees will conduct all activities and operations within the confines of public roadways and will not enter private property for any reason without written permission from the owner. Scheduled sweeping will not be canceled for inclement weather without approval of the Public Works Executive Director or their designee. Routing and Sweeping Schedule Athens will develop street sweeping routes and propose them to the City, subject to the approval of the Public Works Executive Director. Routes and schedules will be consistent with the Street Sweeping Scheduling Maps (Exhibit III) and the sweeper will stay off of private streets. Sweeping routes will be provided to the City no later than fifteen (15) days prior to the initiation of sweeping operations or changes in operation and are subject to approval from the Public Works Executive Director. The City reserves the right to request changes in routing or hours of operation at any time. Any and all sweeper breakdowns and repairs will be reported immediately to the Public Works Executive Director or their designee. Any changes to the routes or sweeping schedule will include a version and date approved by the City to avoid confusion. The most current schedule and route will be carried in the sweeper. Implementation Plan If awarded the contract, Athens will continue operations without impact to customers. This is one of the benefits of extending the partnership between Athens Services and the City of Santa Ana. Roughly 30 days before the start of a new agreement, Athens will present to the City a plan to phase in any new sweepers, or to potentially make enhancements to the services. We will review the existing maps with Athens’ logistics team to optimize routes to minimize impacts on roads, traffic, and pedestrians. This will also include an in-depth analysis to determine how we can decrease greenhouse gases from our vehicles. Two weeks before the start of the new agreement, drivers will be trained on the route and schedule. We will coordinate all aspects of the transition with City staff and provide frequent communications and updates. Potential service enhancements, such as bike lane cleaning, hand cleaning, and porter services shall commence immediately at the start of the agreement. Athens has extensive experience implementing services in new communities. Over the years we have developed an SOP called the Service Implementation Model, which outlines the steps required to implement new services without disruption to customers in 90 days. Athens’ Service Implementation Model can be provided to the City upon request. Athens Community Beautification Enhancement Athens is proposing an all-inclusive Community Beautification Enhancement package for the City of Santa Ana. Utilizing our experience as a recycling leader, our existing infrastructure, and service-focused team members, we have assembled a value- loaded package to exceed the City’s scope of work expectations today, and for years to come. After conducting a thorough assessment of the request for proposal, we have assembled a beneficial proposal for the community as a whole. Our community beautification enhancement package includes Athens’ power washing, porter services, bike lane cleaning and graffiti removal services throughout the city. Only Athens can provide the proposed services by using existing team members without the use of sub-contractors, which will ensure the utmost quality of service to the community. Street Sweeping Schedule Routine street sweeping will be conducted Monday through Friday, unless otherwise approved by the Public Works Executive Director. Sweeping hours will be completed by 3:30 p.m., Monday through Friday and will begin no earlier than 4:00 a.m., except in designated areas in which sweeping begins at 2:00 a.m., such as the downtown area. Athens will complete all sweeping as scheduled; mechanical failure or personnel problems will not be the acceptable reason for failure to perform services. No changes to the sweeping schedule will be allowed without the prior approval of City. Holidays: All sweeping will be completed except on the following holidays: - - - - - - - - - - - New Year’s Day, January 1st Martin Luther King Jr. Day President’s Day Memorial Day Independence Day, July 4th Labor Day Veterans Day, November 11th Thanksgiving Day Day after Thanksgiving Christmas Eve, December 24th Christmas Day, December 25th Areas to be Cleaned All City streets including arterial, collector, industrial, residential and commercial, cul-de-sacs, alleys, parking lots, and median curbs will be swept. The frequency will be once per week, twice per week, five times per week, and twice per month according to the Implementation Schedule in Exhibit I. At least once a week, Athens will sweep all City streets, including arterial, collector, industrial, residential and commercial, cul-de-sacs, median curbs, and curb returns), uncurbed pavement edges, painted (2-way) left-turn lanes, and flush concrete or paved median noses shall be swept each time the associated street is swept as described in the scope of work. No debris will be left behind. Special Events Sweeping Athens will provide up to four hundred (400) annual curb miles of street sweeping services for no additional cost for special events, parades, inclement weather sweeps, roadway hazards, and spills. The sweeping will be focused in the event area and associated City parking lots. Emergency Response Athens’ office will have a twenty-four (24) hour telephone service and a responsible person in charge seven (7) days a week to receive all requests for emergency service, which are forwarded by the City. Athens will respond and provide emergency service within two (2) hours from the time a call is placed by the City. Requests for routine service or complaint issues will be resolved expeditiously within the following twenty-four (24) hour period. Athens will provide at least two (2) telephone numbers of qualified persons who can be called anytime in the event an Athens representative is not immediately available at the job site. Athens also will provide an emergency 24-hour number to contact a representative who can take the necessary action required to alleviate an emergency condition. Athens will respond within one (1) hour from receiving notification. Emergency Contact #1: Cesar Ortiz, Senior Operations Manager, (626) 890-7253 Emergency Contact #2: Jimmy Sandoval, Field Supervisor, (626) 705-9224 Safety First, Always! Athens drivers undergo extensive safety training that meets CHP requirements and serves as a model for the industry. In addition, our vehicles undergo daily inspections and regular maintenance to keep them in top operating condition to extend the useful life of the vehicles and keep maintenance, repair, and replacement costs down. With a fleet of more than 60 street sweeping vehicles serviced by trained mechanics at several yards nearby, Athens can maximize economies of scale. Athens’ top priority is to provide excellent service. Our street sweeping team is committed to maintaining communication with City staff to keep service quality high and immediately resolve any issues. Athens drivers are trained to report any issues that affect service levels. Our crews are committed to keeping the streets clean and improving street safety. Our focus is to quickly, safely, and completely remove debris, sand and gravel, standing water, leaves, and other loose materials that could present a road hazard. Doing so protects stormwater from run-off in compliance with all applicable National Pollutant Discharge Elimination System (NPDES) regulations. In addition, it helps with vector control of mosquitoes and other pests. I. Sweeping Equipment Profile Athens will provide new or like new Freightliner TMYCO 600 CNG street sweepers, equipped with the latest technology. Athens currently has 30 sweepers staged within a sixty (60) minute travel time from the City. Athens equipment will be kept well-maintained, neatly painted, and meet other reasonable standards as may be established by the Public Works Executive Director. Adequate backup equipment will be available at all times to service the City. Athens will accommodate an annual inspection of equipment, if required. Attached in the Exhibits is a full listing of our proposed equipment. Athens’ sweeper fleet is appropriate for servicing the City, including streets, medians, alleys, parking lots, and angled parking. Athens uses only the best sweeper for each area to be adequately and safely swept. Athens’ fleet includes vacuum and broom sweepers, as appropriate, for meeting all requirements of this Agreement and all regulatory requirements of outside agencies such as the South Coast Air Quality Management District (AQMD), the California Air Resources Control Board, and the Municipal NPDES Permit No. CAS004004. Vehicles and equipment used in accordance with sweeping activities meet all applicable local, state, and Federal air quality laws, rules, and regulations including but not limited to the South Coast Air Quality Management District Rule 1186 relating to alternative-fueled sweeping equipment. Equipment meets all applicable certifications for PM 10 and other pollutants as set forth by the South Coast Air Quality Management District. Athens will submit proof of certifications to the City on a bi- annual basis. Athens’ fleet features the TYMCO Model 600, which is both extremely reliable and incredibly powerful. Whether sweeping city streets during leaf season, cleaning up on a construction site, or sweeping behind a milling machine or road reclaimed, getting the job done with the Model 600 is quick to perform and easy to operate. The vehicles include the highly efficient TYMCO Regenerative Air System that provides unprecedented reliability and delivers incredible performance while providing an amazingly clean sweep. The Model 600 is, quite simply, the sweeper that changed the industry. Sweepers also will be equipped with two-way radios and cell phones. Athens will provide drivers with manual push brooms and shovels to clean and sweep areas such as narrow cul-de-sacs, median noses, and portions of left-turn pockets. Athens’ street sweeping equipment meets the following requirements: Street sweeping equipment in conformance with the highest standard of street sweeping. Street sweeper speed and broom pattern shall be in accordance with the manufacturer's recommendations. While operating, street sweepers at work will not exceed a maximum speed of seven (8) mph; sweepers when driven will have a maximum of the posted speed limit.   Standard heavy street sweeping equipment as necessary to clean the City streets of paper, dirt, rocks, leaves and debris. Athens will use equipment deemed acceptable by express approval of the Public Works Executive Director. We will provide a minimum of one (1) relief sweeper for each sweeper planned to be used to perform the contract work. Athens will have all sweepers return to the yard for washouts and hopper cleaning. All equipment will be: - - - - Standard full-size motorized street sweeper; TYMCO 600 models with dual gutter brooms; Clean and in good working condition; Maintained in top running condition, including arriving clean, in proper working condition, and fueled for each daily schedule; - - Equipped with an electronic or mechanical tachograph capable of recording sweeping speed, start-stop, operating time, and non-operating or travel time; Equipped with a mechanically or magnetically attached sign on each side of sweeper reading "This sweeper is under contract with the City of Santa Ana". The sweeper will also be identifiable with the company name and phone number on each side along with office telephone number. Alternative equipment may be used for specific areas (i.e. narrow streets and alleys) if noted in the proposal with detailed explanation provided. - Athens’ equipment will be subject to inspection by the Public Works Executive Director or their designee and upon notification in writing that any equipment does not comply with the standards herein, such equipment will be removed from service and not again so used until inspected and approved in writing by the Public Works Executive Director or their designee.   Sweeper will have a dual gutter broom. All vehicles will be equipped with an operational rotating amber light when parked or used on public streets. Athens will use light warnings instead of loud sound signals except where required by law for the protection of personnel. Athens will provide sufficient water for use street sweeping operations to maintain a near dustless condition. Athens will coordinate with the Public Works Executive Director in advance to identify regular location(s) for water access. Athens will comply with all rules and regulations of the City relating to the use of water.   Sweeping Maintenance Athens Street Sweepers will receive scheduled maintenance at the D.A.R.T. facility. There based on driver feedback, each vehicle, including sweeper, flatbed trucks, and power washing units, will be meticulously inspecting and maintenance performed. Special attention will be placed on the unit’s sweeper (broom) and vacuum, which will receive regular maintenance to efficiently and effectively operate. These will be maintained daily and as needed. J. GPS Vehicle Tracking Equipment / Software Profile Athens sweepers, including other service vehicles, will be equipped with the time- tested and proven Teletrac Fleet Director GPS system. This system provides real-time monitoring of day-to-day sweeper operation. Teletrac provides key metrics, including broom deployment and retreat, vehicle speed and direction, miles traveled, and miles swept. Tachometers will serve as a backup, if needed. Drivers will communicate via two-way radio and cell phone. All vehicles are maintained in good repair, appearance, and sanitary conditions at all times. All vehicles and equipment used by Athens within the City limits will be clearly identified, on each side of the vehicle or equipment, with Athens’ name and telephone number. Vehicles will have a magnetic sign easily legible from a distance of fifty (50) feet along indicating this sweeper is providing service under a contract with the City of Lomita. Vehicles will be equipped in accordance with State laws, including safety hazard lights visible from the rear that operate independently of the brake lights. Learn more about the Teletrac Navman system by visiting their website at TeletracNavman.com. Athens will have installed on all of their sweepers in Santa Ana, the most technologically advanced GPS monitoring system, known as the Teletrac Fleet Director System.     Real-time GPS tracking of vehicles with a maximum update time of three (3) minutes; historical GPS data by vehicle for a minimum of sixty (60) days; speed monitoring of vehicle; Report capability on demand, to provide activity data, route, start/stop times and locations, idle time, speed record by day or route.   Tracks all miles that are swept in the city with the broom heads down and water on and provides a variety of reports and information, including live real-time tracking. Powerful software configuration options that allow immediate customization such as setting up authorized and unauthorized zones and times and vehicle speeds to trigger exception alerts and reports. (As an example, exception alerts and reports tell us when the driver exceeds 8 MPH or is stopped longer than 30 minutes.) State of the art, integrated mapping with satellite images and overlays of routes and destinations providing unprecedented detail for avoiding errors.     Detailed reporting to help monitor driver performance, vehicle use, and productivity. Teletrac Fleet Director confirms that 100% of each route is completed each day. Accessibility to dashboards upon request K. Other Information Records and Reports Along with the invoice for services, a report will be submitted to the City, monthly, comprising the following: Daily Log Report of all streets swept and a description of any special services performed. The log will be signed by the Field Supervisor on a daily basis. Each month, a report will be prepared from the daily log giving a brief description of all routine special and emergency activities. The log should also include GPS maps of routes swept, as well as the date, time, and speed with which sweeping occurred each day.   A phone log of calls from the City’s Public Works Maintenance Services Division and the Police Department, including whether the call contained a request for service and a description of any action taken. Customer services logs and complaints received directly by Athens will be submitted in writing electronically to the City on the day such complaints are received. All complaints are to receive a follow-up response within twenty-four (24) hours. Athens will maintain a log of complaints received and corrective actions implemented which will be submitted to the City each month. Athens will make a reasonable effort to purchase fuel at the City Corporate Yard fueling station at 220 South Daisy Ave, in the City of Santa Ana. EXHIBITS  Financial Institution Credit Capacity Letter – Wells Fargo  Equipment Listing  Operator Information  Street Sweeping Driving Procedures  Serious Citation Inspection Details CERTIFICATIONS (ATTACHMENTS)  Attachment A: Proposer’s Certification and Proposal Item Pricing  Attachment B: References  Attachment C: Responsible Proposer – Supplemental Questionnaire  Attachment D: Non-Collusion Affidavit  Attachment E: Non-Lobbying Certification  Attachment F: Non-Discrimination Certification BID BOND Wells Fargo East Bay Commercial Banking 555 12th Street Suite 2150 Oakland, CA 94607 February 17, 2023 City of Santa Ana – Public Works Agency Attention: Elizabeth Rubio, Projects Manager 220 South Daisy Avenue Santa Ana, CA 92703 Re: Santa Ana Street Sweeping RFP To whom it may concern: Athens Services (“Athens”) has been a client of Wells Fargo Bank, N.A. (the “Bank”) since 1995. The Bank provides Athens with a credit facility under the terms of a duly executed Credit Agreement. As of the date of this letter, the Company has sufficient capacity available under the credit facility to fund the capital requirements for the proposed contract for transfer, processing and/or disposal services. In addition, the Company has excess capacity under the credit facility to meet its operating and capital requirements in addition to the requirements specific to the above referenced contract. In conjunction with its credit facility with Wells Fargo, Athens provides us with quarterly financial statements and annual audited financial statements. We have reviewed Athens' audited financial statements for the most recent fiscal year. Athens has satisfied all of its past and current financial obligations to Wells Fargo Bank. Based on its satisfactory past financial performance, we are not aware of any impediments that would prevent Athens from fulfilling any reasonable financial requirements under any and all of the services proposed for the transfer, processing and/or disposal services for residual municipal solid waste contract. Please feel free to contact me with any questions (415) 948-1865. Sincerely, Logan Taylor Senior Vice President Equipment Listing Unit Vehicle MakeYearFuelLicense Plate Vehicle Model Body Make Alternate Fuel (CNG/Propane)Tymco 600Business Class M280720208PZJ179Freightliner Gray with red lettering Tymco 600 Alternate Fuel (CNG/Propane811 830 838 852 855 857 858 2017 2022 2021 2022 2012 2012 2022 7VDY076 6JRS455 Autocar Xpert Gray with red lettering Tymco 600 Alternate Fuel (CNG/Propane Freightliner Freightliner Freightliner Freightliner Freightliner Freightliner M2 106 M2 106 M2 112 M2 112 M2 112 M2 112 Gray with red lettering Tymco 600 Alternate Fuel (CNG/Propane 6MCC137 6TAH974 6WOH312 6WUM498 6XQT107 Gray with red lettering Tymco 600Alternate Fuel (CNG/Propane Gray with red lettering Tymco 600 Alternate Fuel (CNG/Propane Gray with red lettering Tymco 600 Alternate Fuel (CNG/Propane Gray with red lettering Tymco 600 Alternate Fuel (CNG/Propane Gray with red lettering The names of all operators to be used, license number, expirations and class of license. Confidential Information Name DL #Class Expiration 2/13/2028 6/13/2027 5/24/2026 9/6/2023 Miguel Garcia Antonio Flores Garcia Raudel Real Jorge Avila Amador Barragan Eric Magana 9/30/2024 10/23/2026 9/27/2027 1/18/2025 Ruben Carrera Pedro Camacho Athens Street Sweeping Driving Procedures Step Activity 1. Driver will arrive at facility and clock in to begin the day. 2. Conduct pre-trip inspection of the vehicle 3. Drive to beginning of route, of specified service day area 4. Driver will engage top vacuum motor, lower rotating sweeper brushes and engage water distribution system 5. Driver will disengage vacuum and water supply. Lift sweeping brushes. Park vehicle call supervisor to inform him/her that he will be taking a ten-minute break 6. Driver will get back into vehicle call supervisor and inform him/her that he will continue on assigned route, engage top vacuum motor, lower rotating sweeper brushes and engage water distribution system. 7. Driver will complete sweeping of streets in specified area and will contact supervisor informing him/her that he is headed for the designated disposal site. 8. Driver will disengage vacuum and water supply. Lift sweeping brushes. 9. Driver will arrive at disposal site. 10. Driver will, open back door, dump entire contents of vehicle 11. Upon completion of dumping process driver will move vehicle to designated clean out area where he will clean hopper, driver will practice lockout/tag out procedures when cleaning out hopper area 12. Driver will drive out of disposal site and then fill vehicle with water. Driver will contact supervisor to inform of load size 13. Driver will take 30-minute lunch break 14. Driver will arrive at designated service area and engage top vacuum motor, lower rotating sweeper brushes and engage water distribution system 15. Driver will disengage vacuum and water supply. Lift sweeping brushes. Park vehicle call supervisor to inform him/her that he will be taking a ten-minute break 16. Driver will get back into vehicle call supervisor and inform him/her that he will continue on assigned route, engage top vacuum motor, lower rotating sweeper brushes and engage water distribution system 19 Driver will complete sweeping of streets in specified area and will contact supervisor informing him/her that he is headed for the disposal site. 17. Driver will arrive at the disposal site. 18. Driver will wait for clearance to enter disposal site, once inside driver will be directed to specific area to dump contents of vehicle 19. Driver will, open back door, dump entire contents of vehicle 20. Upon completion of dumping process driver will move vehicle to designated clean out area where he will clean hopper, driver will practice lockout/tag out procedures when cleaning out hopper area 21. Driver will drive out of the disposal site and fill vehicle with water. Driver will contact supervisor to inform of load size. 22. Driver will drive to the facility to fuel vehicle. 23. Upon completion of fueling driver will complete post trip inspection of vehicle, turn in copy of inspection report to maintenance department electronically 24. Driver will proceed to dispatch and turn in all completed work orders, VCR (vehicle inspection report), 2-way radio and clock out Inspection Detail Case Status: CLOSED Inspection: 1570125.015 - Arakelian Enterprises, Inc. Inspection Information - Office: Ca San Bernardino Inspection Nr: 1570125.015 Report ID: 0950633 Date Opened: 12/21/2021 Site Address: Arakelian Enterprises, Inc. 31 Refuse Rd. Redlands, CA 92373 Mailing Address: 14048 E. Valley Blvd., City Of Industry, CA 91746 Union Status: Non-Union SIC: NAICS: 562219/Other Nonhazardous Waste Treatment and Disposal Inspection Type: Accident Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 04/27/2022 Emphasis: Case Closed: 05/03/2022 Case Status: CLOSED Violation Summary Violations/Penalties Initial Violations Current Violations Initial Penalty Serious Willful Repeat Other Unclass Total 1 1 1 1 $5,400 $5,400 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,400 $5,400 $0 Current Penalty FTA Penalty Violation Items #Citation ID Citation Standard Type Cited Issuance Date Current Initial Penalty Penalty Penalty FTA Contest Latest Event Note 1. 01001 Serious 1590(A)(4) 04/27/2022 $5,400 $5,400 $0 Z - Issued §1590. Haulage and Earth Moving, General. (4) Where a hazard exists to employees because of traffic or haulage conditions, a system of traffic controls shall be required so as to abate the hazard. (See Section 1598(b)). Investigation Summary Investigation Nr: 145734.015 Event: 11/14/2021 Employee Fractures Leg When Struck By Bulldozer At 11:22 a.m. on November 14, 2021, an employee was gathering debris at a landfill in the tipping table area on foot. A coworker was pushing a pile of trash with a bulldozer. The employee was struck by the bulldozer as it was backing up. The employee was hospitalized to treat a fractured leg and lacerations on his leg. CITY OF SANTA ANA ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Base Bid Item Price - Pricing shall be based on a curb mile cost as described in Exhibit I. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the City Projects Manager or designee in writing. The City has the option to purchase and provide materials. Special material will be purchased by the City and/or the City will reimburse the Contractor after authorization by City. City staff shall have the right to modify, add, reduce, or delete the amount of sweeping, schedules, routes, frequency, phases, standards and days of sweeping with prior notice to Contractor. STREET SWEEPING SCENARIO ONE 66.65 4,681,296$per Curb Mile x 70,237 Curb Miles =$ TOTAL for SCENARIO ONE - A Spelled Out: *Price for SPECIAL SWEEPING (SWEEPS):$66.65 per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of Free Sweeping or Scheduled Sweeping) ATTACHMENT A – Continue Next Page STREET SWEEPING SERVICES 44 CITY OF SANTA ANA AS-NEEDED SERVICES (Non-Base Bid Item) - Pricing shall be based on the items listed below and described in the Scope of Services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after having discussed and received authorization by the City Projects Manager or designee in writing. The City has the option to purchase and provide materials. Special material will be purchased and/or by the City or the City will reimburse the Contractor after authorization by City. Additional crew laborers may be requested by the City as needed. Proposal submitted without this service component will be deemed NON-RESPONSIVE. ROADWAY CLEANING DEBRIS & LITTER REMOVAL SERVICES (AS-NEEDED SERVICES) EXTENDEDHOUR S “A” UNIT PRICE “B” TOTAL PRICE (“A” × “B”) ITEM # BID ITEM DESCRIPTION UNIT WEEKLY 1.1,000 HOUR AS NEEDED $ 275.00 $ 275,000BIKE LANE SWEEPING CREW LABORER* – 8 Laborers at 40 hours per laborers equals 320 hours per one week) 2.(1 Week 320/Hours)320 HOUR 1 WEEK $ 225.00 $ 72,000 (Hourly Rate shall Not include a markup for disposal charge) *Crew size = 2 laborers 3.1,000 HOUR AS NEEDED $ 225.00 $ 225,000POWER WASHING 572,000TOTAL NON-BASE BID AMOUNT$ NOTE: ITEMS IN THIS SECTION NOT PART OF THE BASE BID ATTACHMENT A – Continue Next Page STREET SWEEPING SERVICES 45 CITY OF SANTA ANA NOTE: THIS CONTRACT IS SUBJECT TO PREVAILING WAGES. (SEE SPECIAL PROVISIONS SECTION Z). BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITITES AND ARE NOT GUARANTEED. Arakelian Enterprises, Inc., dba Athens Services (626) 934-4619 LEGAL NAME OF COMPANY PHONE AND FAX NUMBER 14048 Valley Boulevard, City of Industry, CA 91746 Gary Clifford PRINTED NAME OF AUTHORIZED AGENT Executive Vice President February 20, 2023 GClifford@AthensServices.com SIGNATURE OF AUTHORIZED AGENT TITLE DATE E-MAIL ADDRESS 95-4313271 978599 FEDERAL IDENTIFICATION NUMBER (IF APPICABLE)CONTRACTOR LICENSE NUMBER (IF APPICABLE) ATTACHMENT A – Last Page THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. STREET SWEEPING SERVICES 46 CITY OF SANTA ANA ATTACHMENT B REFERENCES THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S ROPOSAL List and describe fully the contracts performed by your firm where a minimum of 10,000 annual curb miles were swept and which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications & customer service reputation. Reference No. 1 Customer Name: Alex Tachiki, Deputy Director Contact Individual/Email: atachiki@ci.monrovia.ca.us Phone Number:Address:626-703-9203 600 S. Mountain Ave. Monrovia CA 91016 Facsimile Number:626-932-5553 Annual Contract:Evergreen Year:2010 Curb Miles Swept:11,500 Description of supplies, equipment, or services provided: City Beautification program , Porter services , Power washing , Graffiti removals, City can services, bus shelter maintenance, street sweeping, bulky pick up, enclosure clean ups, downtown maintenance services. Reference No. 2 Customer Name:Contact Individual/Email: Robert Delgadillo, P.E., Director of Public Works/City Engineer rdelgadillo@azusaCA.gov pAddress:Phone Number:626-812-5248Facsimile Number:626-812-5248213 E. Foothill Blvd. Azusa, CA 91702 Annual Contract:Evergreen Year:2008 Curb Miles Swept:13,315 Description of supplies, equipment, or services provided: City Beautification program , Porter services , Power washing , Graffiti removals, City can services, bus shelter maintenance, street sweeping, bulky pick up, enclosure clean ups, downtown maintenance services Reference No. 3 Customer Name:Contact Individual/Email: Andrea Delap andrea.delap@redondo.org Address:Phone Number:805-637-0578Facsimile Number:310-318-0686 ext. 4151531 N. Gertruda Ave., Redondo Beach, CA 90277 Annual Contract:7 year Year:2019 Curb Miles Swept:18,706 Description of supplies, equipment, or services provided: City Beautification program , Porter services , Power washing , Graffiti removals, City can services, bus shelter maintenance, street sweeping, bulky pick up, enclosure clean ups, downtown maintenance services STREET SWEEPING SERVICES 47 CITY OF SANTA ANA Reference No. 4 Customer Name:Contact Individual/Email: jerry_perez@ci.pomona.ca.usJerry L. Perez Address:Phone Number:909-524-8613 636 W. Monterey Ave. Pomona, CA 91768 Facsimile Number:909-620-2482 Annual Contract:15 years Year:2009 Curb Miles Swept:18,100 Description of supplies, equipment, or services provided: Street Sweeping Reference No. 5 Customer Name: Bryan Ariizumi Address: Contact Individual/Email: bariizumi@templecity.us Phone Number:626-407-5108 Facsimile Number:9701 Las Tunas Dr., Temple City, CA 91780 626-285-2171, ext. 4342 Annual Contract:30 years Year:1987 Curb Miles Swept:8,833 Description of supplies, equipment, or services provided:Street sweeping and bulky pick up THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. STREET SWEEPING SERVICES 48 CITY OF SANTA ANA ATTACHMENT C RESPONSIBLE PROPOSER – SUPPLEMENTAL QUESTIONNAIRE 1. How many years has your organization been in business in California as a contractor under your present business name and license number? 60+Years *If performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss or license, please complete an additional and separate Questionnaire. 2. What is your firm’s Average Gross Revenue for the last three years? $ MOD 9 Figures 3. Is your firm currently the debtor in a bankruptcy case? XYes If “yes,” indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed No 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 2, above.) Yes If “yes,” indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed X No 5. Has any California State License Board (CSLB) license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended or fined within the last five years? Yes X No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner? Yes 7. Has your firm ever defaulted on a contract? Yes No X No X If “yes,” explain on a separate page. ATTACHMENT C – CONTINUE NEXT PAGE STREET SWEEPING SERVICES 49 CITY OF SANTA ANA 8.In the last five years has your firm, or any firm with which any of your company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? XYes No If “yes,” explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm’s work on a project, been filed in court or arbitration? Yes X No If “yes,” on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? Yes X No If “yes,” on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf in connection with a project, either public or private? XYes No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? Yes X No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? Yes X No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? Yes X No If “yes,” identify on a separate page, the person or persons convicted, the court case and STREET SWEEPING SERVICES 50 CITY OF SANTA ANA number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. NA % 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? Yes X No 17. Has Cal-OSHA cited and assessed penalties against the Contractor or its associates for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years? (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) X Yes No If “yes,” on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the Contractor or its associates in the past five years? (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) Yes X No If “yes,” on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General Contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis- Bacon prevailing wage requirements? Yes X No If “yes,” on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. STREET SWEEPING SERVICES 51 CITY OF SANTA ANA ATTACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrec lose accordingly. Signed: Title: Firm: Date: Executive Vice President Arakelian Enterprises, Inc., dba Athens Services February 16, 2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. STREET SWEEPING SERVICES 53 CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, STREET SWEEPING SERVICES 54 CITY OF SANTA ANA including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Executive Vice PresidentTitle: Firm: Date: Arakelian Enterprises, Inc., dba Athens Services February 16, 2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. STREET SWEEPING SERVICES 55 Page 1 of 13 AGREEMENT WITH ARAKELIAN ENTERPRISES, INC., DBA ATHENS SERVICES FOR STREET SWEEPING SERVICES FOR THE CITY OF SANTA ANA 1.PARTIES AND DATE. THIS AGREEMENT is made and entered into on this 29th day of August 2023 by and between Arakelian Enterprises, Inc., a California corporation dba Athens Services (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2.RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain street sweeping services (“Services”) required by the City which shall be performed in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. Contractor represents that it is experienced in providing street sweeping services to public clients, that it and its employees and/or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City. 2.2 Project. On January 27, 2023, the City issued a Request for Proposal (“RFP”) No. 23-007 by which it sought to retain a contractor having special skill and knowledge in the provision of municipal street sweeping services. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that Contractor is able and willing to provide the services described in RFP No. 23-007. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide street sweeping services to City streets as well as roads and parking lots of City Parks, Recreation, and Community Services facilities specified in this Agreement. The Services are more particularly described in the Scope of Work attached as Exhibit A and incorporated herein by reference, and Contractor’s Quote for Sweeping of City Park’s Parking Lots, which is attached as Exhibit B, attached hereto and incorporated 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 City Corporate Yard. 3.1.2.1 City shall permit Contractor to store equipment and necessary service vehicles used exclusively for providing street sweeping service, at the City Corporate Yard EXHIBIT 3 Page 2 of 13 (“Premises”). City will grant to Contractor a license to utilize eight (8) parking spaces at the Premises for City sweeping operations. These licensed spaces shall be utilized only for street sweepers, maintenance vehicles, personal vehicles, and supervisor vehicles. Additionally, City will grant to Contractor a license to use the small office/locker room at the Premises. 3.1.2.2 Contractor shall use the Premises only for storage of equipment required to perform under this Agreement such as street sweepers, supervisor vehicle(s) and a back hoe if necessary to remove sludge from wash rack to waste bins, and for no other purpose without the City’s prior written consent. Contractor may utilize the wash rack to clean sweepers and shall dispose of sludge in the waste bins, and for no other purpose without the City’s prior written consent. Contractor may utilize the wash rack to clean sweepers and shall dispose of sludge in the waste bins on the Premises. Contractor shall maintain sweeper wash bay/rack area clean and prevent sludge from entering the storm drains in violation of National Pollutant Discharge Elimination System (“NPDES”) regulations. 3.1.2.3 Contractor may perform minor maintenance on its City sweeper fleet while stored at the Premises, however, Contractor shall provide all tools and equipment necessary for such maintenance. Further, Contractor shall not perform any maintenance that will allow the escape of fluids in violation of NPDES regulations. Any waste/trash resulting from such maintenance shall be disposed off-site. 3.1.3 Term. The base term of this Agreement shall commence on July 1, 2024 for a ten (10) year term (“Base Term”), unless earlier terminated as provided herein. This Agreement may be renewed, by mutual written agreement of City and Contractor, no later than one- hundred and eighty (180) days prior to the expiration of the Base Term, provided Contractor is not in material breach of the Agreement, for up to a five (5) year term (“Renewal Term”). Such Renewal Term is exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with the terms of this Agreement. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth herein. 3.2 Responsibilities of Contractor. 3.2.1 Independent Contractor; Control and Payment of Subordinates. 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 supportive 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. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. 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 Page 3 of 13 the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the obligations hereunder, City shall respond to Contractor’s submittals in a prompt manner. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City, whose approval shall not be unreasonably withheld. 3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or their designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Sections 3.1 and 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or their designee. 3.2.5 Contractor’s Representative. Contractor hereby designates the Division Vice President, or their 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 their best skill and attention, procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. City and Contractor agree to work closely with each other in Contractor’s performance of Services and shall be available to each other at all reasonable times. 3.2.7 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 contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline 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, 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 to the extent 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 acceptable to the City, 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. Page 4 of 13 3.2.8 Inadequate Performance. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, if, in the judgment of the Director of Public Works or their designee, the level of maintenance falls below the standard of care set forth in Section 3.2.7 and Contractor fails to remedy within 24 hours of notification, City shall have the right to withhold all or a portion of payment for work that is deemed inadequate pursuant to this Section. 3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations to the extent arising from Contractor’s performance of Services. If the Contractor performs any work contrary to such laws, rules and regulations, 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 to the extent arising out of any failure to comply with such laws, rules or regulations. 3.2.10 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 lifesaving 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. 3.2.11 Labor. 3.2.11.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Notwithstanding the foregoing, in the event of a change in law, including but not limited to a change in applicable worker classifications pertaining to the Services as specified in Exhibit D, the City agrees to negotiate in good faith with Contractor to adjust the rates set forth in Exhibit B and Exhibit D in an amount commensurate with the cost of any such change. The City and Contractor shall not unreasonably withhold agreement to such compensation adjustment. 3.2.11.2 Registration. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the Department of Industrial Relations (“DIR”). Page 5 of 13 3.2.11.3 It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law. 3.2.12 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit C attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City. 3.2.13 Bonds. 3.2.13.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of one million dollars and zero cents ($1,000,000). The performance bond shall be renewed and submitted to the City annually. No payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Water Quality Management and Compliance. 3.2.14.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid accordingly, and assumes any and all risks and liabilities arising therefrom. Page 6 of 13 3.2.14.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services pertaining to water quality including all applicable provisions of the Santa Ana Municipal Code regulating water quality and discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, written policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the laws and regulations of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourse, including applicable requirements in municipal storm water management programs. 3.2.14.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.14.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Santa Ana Local Implementation Plan (“LIP”) as amended from time to time. Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein. 3.2.14.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.14.2 and 3.2.14.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.14.2 and 3.2.14.3 of this Agreement as they may relate to the Services. 3.2.14.5 Liability for Non-compliance. 3.2.14.5.1 Indemnity: With respect to the laws, regulations, standards and ordinances listed in Sections 3.2.14.2, 3.2.14.3, and 3.2.14.4, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for to the extent arising from Contractor’s noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.14.2, 3.2.14.3, and 3.2.14.4 of this Agreement arising out of or in connection with the Services. 3.2.14.5.2 Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity, provided that Contractor approves defense counsel and any such settlement. Page 7 of 13 3.2.14.5.3 Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, policies and standard described in Sections 3.2.14.2, 3.2.14.3 and 3.2.14.4 of this Agreement, or any other similar relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the facility rates set forth in Exhibit B and curb mile rates set forth in Exhibit D attached hereto and incorporated herein by reference (collectively, “Rates”). The initial annual compensation shall not exceed Four Million, Three Hundred Four Thousand, Eight Hundred Fifty Dollars and Zero Cents ($4,304,850) (“Base Compensation”) without written approval by City. The Base Compensation is comprised of (1) an initial base amount of $3,913,500 for street sweeping services to City streets as well as roads and parking lots of City Parks, Recreation, and Community Services facilities and (2) a ten percent (10%) contingency initially of $391,350 for additional sweeping services at the City’s sole discretion. Subsequent annual compensation amounts are subject to an adjustment as set forth in Section 3.3.5 of this Agreement. Extra Work may be authorized, as described below, and if authorized, will be compensated at the Rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice by the 15th of each month for the services rendered in the prior month, which shall indicate work completed and hours of Services rendered by Contractor. Payment for curb miles swept may be withheld as specified in Section 3.2.8. City shall, within sixty (60) days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Contractor’s fees, the City shall give written notice to Contractor within sixty (60) days of receipt of an invoice of any disputed fees set forth therein and only such disputed fees may be withheld. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by the City Manager. 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, or requested by Contractor subject to City approval which shall not be unreasonably withheld, for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Extra work includes, but is not limited to, changes in law and City-directed changes to the Services. Contractor shall not perform, nor be compensated for, Extra Work without prior written authorization from the City. 3.3.5 Adjustment to Charges. The Rates and Base Compensation will be adjusted annually based on the actual Consumer Price Index (CPI) with no cap beginning at the end of the first 12 months. The index that will be used for determining adjustments to street sweeping charges shall be the most recent December CPI for All Urban Consumers for Los Angeles- Anaheim-Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. The adjustment will be calculated using 100% CPI, from December of one year to December of the next year (e.g., Page 8 of 13 December 2024 to December 2025). Contractor must submit a written request by February 5th of every year for the City’s review and consideration. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to the performance of Services. 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 City Option for Termination for Cause. Repeated instances of failure to perform and/or continued disregard of the requirements of this Agreement shall result in cancellation of the Agreement. Specifically, the issuance of three (3) unsatisfactory reports to Contractor by City for noncompliance with material obligations in this Agreement in any six (6) month period shall be deemed a material breach of this Agreement and shall be grounds for the City to terminate this Agreement for cause. In the event of such material breach, City shall, at its option, notify Contractor of City’s intention to terminate this Agreement. City shall give notice of termination in writing, mailed to Contractor’s most recent address on file with the City. Except in cases of emergencies, this Agreement shall be terminated ten (10) days from and after the hour such notice is deposited in the United States Mail in a sealed envelope properly addressed to Contractor and bearing prepaid first-class postage. In order for any termination to be effective, Contractor shall have at least five (5) days from the notice of intent to terminate to cure any alleged breach of Agreement. 3.5.1.2 Costs for Termination for Cause. In the event of the termination of this Agreement for any material breach or failure of performance on the part of Contractor, Contractor agrees to pay City upon demand the amount of any damage or loss sustained by City in the matter of street sweeping, including the advertising for and the vetting of another contractor. Therefore, Contractor shall pay City for all increases in the City’s cost of street sweeping incurred under such new contractor and for all costs and attorneys’ fees incurred by the City in the cancellation of this Agreement and the negotiation of such new street sweeping contract. The waiver of a breach of any of the terms of this Agreement shall not cancel or in any way affect the right of the City to declare a default for any recurrence of the same or any other breach of this Agreement. 3.5.1.3 Additional Options for Termination. Either party may request termination of this Agreement when conditions during the Agreement beyond the reasonable control of either party make it impossible to perform, or when prevented from proceeding with the contract (i) by act of God, (ii) by law, or (iii) official action of a federal, state, or local authority. Further, Contractor may terminate this Agreement (i) in the event the City Council fails to appropriate funds for a fiscal year sufficient to allow the City to make timely payments to the Agreement under this Agreement for such fiscal year (excluding any amounts in dispute); or (ii) in the event of nonpayment by the City. Any termination hereunder will require one-hundred and Page 9 of 13 eighty (180) days written notice prior to Agreement termination date requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City a minimum of forty-five (45) working days to cure the alleged breach. 3.5.1.4 Return of Documents, Data, and other Information. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.5 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: Arakelian Enterprises, Inc. dba Athens Services 14048 Valley Blvd. Industry, CA 91746 ATTN: Steven Librenjak, Division Vice President City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 CityClerk@Santa-Ana.org Courtesy Copies: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702-1988 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United State mails, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 3.5.3 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. Page 10 of 13 3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.5.5 Subcontractors. For the avoidance of doubt, the term “subcontractor” as used in this Agreement shall not include (i) third party operators or owners of waste disposal or processing facilities or (ii) subhaulers of waste. 3.5.6 Indemnification. Contractor shall defend, 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, attorney fees and related costs and expenses, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner (i) to the extent arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors (ii) to the extent arising out of or in connection with the performance of the Services, the Project or this Agreement. 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 officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its 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 officials, officers, employees, agents or volunteers. 3.5.6.1 Exception. Notwithstanding any provision in this Agreement to the contrary, Contractor shall not be required to defend, 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, whatsoever, to the extent arising from or in connection to (i) any acts or omissions of third parties or (ii) the negligence, willful misconduct, violation of law, or breach of this Agreement by the City, its officials, officers, employees, volunteers and agents. 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. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions of this Agreement, shall not bind or obligate the City or the Contractor. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. Page 11 of 13 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. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and 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 considera- tion 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. Page 12 of 13 3.5.19 Equal Opportunity 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, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, military and veteran status, 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, layoff or termination. 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 signed in counterparts, each of which shall constitute an original. 3.5.23 Non-appropriation. The City’s liability under this Agreement shall not exceed the City's appropriation to fund the Agreement. If the City Council fails to appropriate funds for a fiscal year sufficient to allow the City to make timely payments to the Agreement under this Agreement for such fiscal year (excluding any amounts in dispute), then the Contractor shall have the right to stop work until Contractor receives from City all past-due payments and evidence that sufficient funds have been appropriated by City. Any delay resulting from such suspension shall be deemed caused by the City. If requested by Contractor, the City shall provide information to the Contractor regarding the amounts appropriated for the Agreement. 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. [signature page follows] for EXHIBIT A CITY OF SANTA ANA Contractor shall perform services as set forth below. I. IMPLEMENTATION The Agreement will require the implementation schedule below. In addition to street sweeping services, sweeping of City owned surface parking lots may be requested. Currently, the street sweeping operation utilizes a minimum of five street sweepers and increases the fleet during leaf season or other high- volume periods of tree debris (e.g., leaf and jacaranda seasons). City staff shall have the right to modify, add, reduce, or delete the amount of sweeping, schedules, routes, frequency, phases, standards and days of sweeping with prior notice to Contractor. A. IMPLEMENTATION SCHEDULE: ROUTE TYPE CURB MILES FREQUENCY TOTAL ANNUAL CURB MILES Residential 647 Weekly 33,660 Arterials 214 2 x Week 22,300 Raised and Non-Raised Center Medians 215 2 x Month 5,148 Industrials 59 2 x Month 1,420 Downtown 11 5 x Week 2,920 Alleys 92 Weekly 4,789 Total Curb Mileage 70,237 II. PERFORMANCE ON SCHEDULE The Contractor will be provided the latitude in establishing work schedules which correspond to the City's route schedules, manpower and equipment resources. The Contractor will be provided the opportunity to discuss with the City adjusting established schedules to meet special circumstances. The City will make all final decisions pertaining to adjustment of schedules based on feasibility and efficiency with the goal of completing sweeping on the day scheduled. III. CONTRACTOR REQUIREMENTS & RESPONSIBILITIES I. WORK ASSIGNMENTS & SCHEDULE The City will provide weekly route schedules to the Contractor. Routes schedules have been established to maximize efficiency and minimize impacts on residents, businesses and schools. The Contractor shall submit a written sweeping schedule to the City Projects Manager or designee within fifteen (15) days of the effective date of the Agreement. This schedule shall clearly identify the sweeping tasks required by this agreement and days they are scheduled to be performed in each particular area. Contractor shall have ability to review and propose sweeping route modifications to the City for review as efforts to improve sweeping program efficiency. If it is necessary to make periodic revisions to this maintenance CITY OF SANTA ANA schedule, a modified schedule must be submitted for review to the Projects Manager or designee for approval prior to the date the changes are to take effect, but not less than 48-hours. Otherwise, it is intended that the Contractor will develop a permanent schedule utilizing the information, route schedule and any other information provided by the City, which will allow the City to monitor the Contractor's progress. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or week based on curb miles not swept if not cured within twenty-four (24) hours. On rainy days, normal sweeping operations should be considered in effect unless or until they are canceled by City Project Manager or designee. The designated Contractor holidays for this contract shall be New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day Holidays and Christmas Day Holidays. The existing posted routes (days and times) will not be changed to accommodate Contractor. The City reserves the right to change frequency of sweeping routes, modify routes with either reduction or addition of curb miles swept, and add new streets and routes to be swept. II. ALTERNATIVE-FUEL SWEEPING EQUIPMENT This solicitation for services will require alternative-fuel sweepers ONLY, as defined pursuant to Air Quality Management District (AQMD) Rule 1186.1 - alternative-fuel sweeper means a sweeper with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. Hybrid-electric and dual fuel technologies that use diesel fuel are not considered alternative-fuel technologies for the purposes of Rule 1186.1. III. STREET SWEEPING EQUIPMENT 1. The street sweeper or any relief sweeper used to perform this contract work shall: a. Be AQMD and State (if applicable) approved alternative fuel. The Contractor shall be liable for all AQMD, State or Federal fines levied against the City relating to Contractor Street sweeping equipment violations. b. Be a standard full size motorized sweeper equal to or larger than a Tymco 600, Schwarze model A7 or similar model with comparable hopper size, equal pick up abilities and with dual gutter brooms. c. Equipment shall be maintained visually and operationally; brushes and brooms are to be replaced regularly. The paint and body of the street sweeper shall be maintained in good condition with no visible rust or body damage. d. Vehicle engines shall be routinely maintained to ensure a high level of service during street sweeping operations and comply with all State or California Department of Motor Vehicles CAL-OSHA and all other applicable codes required by the State, County, and City. e. Equipment should arrive clean for each daily schedule. All equipment is subject to inspection by the City's Project Manager or other designated City Staff at any time. f. The Contractor shall provide a relief sweeper(s) to complete scheduled routes for each sweeper out of operation, broken down, scheduled for maintenance or any other similar situation. g. The Contractor shall provide a listing of all sweepers and relief sweepers identifying: i. Make, model, and year. ii. Company identification unit number. iii. California license number. iv. Company vehicle colors. v. Sweeper color, if different. vi. Names of all operators to be used, California driver's license number, license class, CITY OF SANTA ANA expiration date and California DMV record for each driver. h.The Contractor will not be permitted to washout or clean hopper on any public street, alley or City owned parking lot. 2.The street sweeper or any relief sweeper shall be equipped with the following: a.Rotating amber dome lights. All sweepers shall conform to all City, County, State and federal safety and environmental requirements. b.DMV night traveling amber side, rear, and top lights or similar. c.Dual side gutter brooms having no less than 5" long bristles. d.A set of road trouble fluorescent triangles. e.A radio or mobile phone. IV.STREET SWEEPING SPEED 1.Street sweepers shall be operated at speeds no greater than eight (8) miles per hour, as will be indicated on tachograph charts, covered hereinafter. 2.Reviews by the City shall be made of all tachograph or Global Positioning System charts to check sweeping start - stop times, miles swept, and sweeping speeds. If at any time the City determines the sweeping speed has exceeded the agreed upon speed, the Project Manager or designee may require the Contractor to re-sweep any part of, or the entire sweeping route in question at no additional cost to the City. 3.Indications of any day's sweeping exceeding 8 miles per hour shall result in: a.Notification after the first two occurrences to the contractor that he is in non-compliance. Reduction in monthly payment by approximately eight (8) miles an hour of the current curb rate for each day that sweeping is recorded in excess of 8 miles per hour over an average of one hour per day. V.QUALITY OF SWEEPING A.The Contractor shall at all times use good sweeping practices in accordance with the standard of care specified in Section 3.2.7 of the Agreement and will make adjustments to its equipment as necessary, resulting in clean streets with no debris trails left behind. During the fall and winter seasons or following a windstorm or seasonal Jacaranda tree flower drop in the spring, the Contractor is expected to complete all routes; therefore, the Contractor will be responsible for adjusting resources to ensure routes are completed (by but not limited to increasing sweepers/operators during the fall season). The sweeper must operate with dual brooms unless it is unfeasible. On occasion and as deemed reasonably necessary by City, this will require the complete width of the street, curb to curb, to be swept clean of debris. The Contractor must exercise due care to prevent spilling, scattering, or dropping of debris during the sweeping activity and shall immediately clean up any such spillage, dropping, or scattering. Sweeping practices include the following: 1.Sweeping speed shall be adjusted to street conditions with a maximum speed of eight (8) miles per hour; and patterned concrete medians, intersections, and crosswalks shall be swept at a maximum speed of three (3) miles per hour. 2.Items impeding sweeping, such as palm fronds, rocks, and debris shall be removed from CITY OF SANTA ANA the sweeping path by the operator rather than going around them. Immovable items that impede sweeping such as construction debris and areas of impaired vertical or horizontal clearance caused by tree limbs shall be reported to the Project Manager or designee immediately for correction. 3.Contractor is not responsible for areas missed due to parked cars or other personal property. 4.Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City to ensure the Contractor’s conformance with the standard of care specified in in Section 3.2.7 of the Agreement. 5.Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases, to ensure curb-to-curb coverage of the street. 6.Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. 7.Street grade striped medians shall be swept in their entirety. 8.All deposits within intersections shall be removed as part of the sweeping operations. 9.Each street shall be swept clean to the adjacent property line. If a swept area is deemed by the Project Manager or designee as failing to conform to the standard of care specified in in Section 3.2.7 of the Agreement, the substandard section shall be re-swept before the end of the day at no charge to the City. The determination of acceptable performance in accordance with standard of care specified in in Section 3.2.7 of the Agreement is at the sole, reasonable discretion of the City. Contractor shall re-sweep at their own expense. The Project Manager or designee shall be notified of the completed re-sweep. Swept clean means clean street with debris trails left behind. Any sweeper used must not blow debris onto private property. VI.GLOBAL POSITIONING SYSTEM (GPS) 1.The Contractor shall provide automatic vehicle location device (vehicle location and management system [e.g., GPS]) on all street sweeper units, including subcontractors. This device shall be placed on all sweeping equipment assigned to the City at the Contractor's cost. 2.Contractor shall provide associated easy to use, cloud based software programs, which will report all street sweeping activity and is accessible from web browsers on a variety of desktop, laptop and mobile devices. The associated software shall be provided at no cost to the City including monthly monitoring charges. The Contractor shall provide software and licensing for a minimum of five (5) City users. 3.Software shall be capable of demonstrating real-time location, speed and path of travel of equipment equipped with GPS systems. Software shall be capable of recording and printing daily activity logs indicating actual miles traveled, streets swept, curb miles swept, brooms up or down, the direction and speed of travel, ground speed of equipment, the location of equipment at any given time and any other information that is suitable for documenting actual work performed by the Contractor under this agreement. 4.Contractor shall have a tachograph system to backup GPS in the event of a system failure and shall submit an initialed tachograph chart for any period of work with the monthly invoice for any day of work that the GPS system is non-operational. 5.Contractor shall provide adequate training on an annual basis for City staff in the operation and use of this system and allow City of Santa Ana Public Works Maintenance division CITY OF SANTA ANA employees access to login from any web browser. 6.Should any GPS device fail, or need repair, the Contractor shall immediately report that the GPS is inoperative to the City. If the Contractor's software or monitoring website fails, the Contract Administrator shall immediately notify the City. Contractor shall repair any non- operational portion of the system within two (2) business days or liquidated damages will be deducted from payments due the Contractor for each twenty-four (24) hour period, or portions thereof, that the system is unavailable to the City. VII.REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE City of Santa Ana Public Works Agency authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the Contractor. Such signage design shall be pre-approved by the City prior to production. Signage type and material shall be plastic with magnetic backing, painted signage on vehicle or similar. Taped vehicle signage will not be allowed. Such signage shall state Authorized Contractor, City of Santa Ana, Public Works Agency, name of Contractor and Contractor telephone number. Signage Letter Minimum Size shall be three-inches for Authorized Contractor, City of Santa Ana and Public Works Agency. A minimum of one-inch height will be required for all other information. VIII.FUELING OF SWEEPERS The Contractor shall be responsible for fueling each sweeper and shall be ready to sweep at all scheduled times. The City highly encourages the Contractor to explore possibilities of purchasing fuel at the City Corporate Yard fueling station located at 220 S Daisy Ave, Santa Ana, CA 92703. IX.SPECIAL SWEEPING This contract shall require up to 400 annual curb miles of special sweeping at no additional cost for special events, parades, inclement weather sweeps, roadway hazards, spills (similar, but not limited to oil, paper, debris, etc.). These sweeps are not re-sweeps of an area not swept properly, but rather an additional sweep that is not part of the regular schedule. If appropriate, prior approval from City Projects Manager or designee is required. X.PERFORMANCE DURING INCLEMENT WEATHER 1.The City shall determine when the sweeping operations should cease due to inclement weather or other reasons and will notify the Contractor immediately once decision is made. 2.During the periods when inclement weather hinders normal operations, the Contractor shall adjust their work force in order to accomplish those activities impacted by weather. 3.Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. XI.SUPERVISION OF CONTRACT AND MEETINGS WITH CITY The Contractor shall furnish a Supervisor, not assigned to operate a sweeper. The function of CITY OF SANTA ANA the Supervisor will be to monitor the day-to-day operation to ensure thorough and timely completion of all routes. The Supervisor will redirect sweepers to return to areas that do not meet presentation standards. The Supervisor will procure additional sweepers or extend hours if necessary to stay on schedule and produce work in accordance with the standard of care specified in in Section 3.2.7 of the Agreement. The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the City's Project Manager or authorized representative, all work required under the Contract. All work shall meet with the approval of the City of Santa Ana Public Works Maintenance Services Division, whose approval shall not be unreasonably withheld. There shall be a minimum of one monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by the Contractor will be submitted in writing to the City on a weekly basis. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in in accordance with the standard of care specified in in Section 3.2.7 of the Agreement. XII.CONTRACTOR'S OFFICE Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cellular phone. Contractor shall have a maximum response time of sixty (60) minutes to all emergencies. XIII.CONTRACTOR PERSONNEL Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Driver's License as applicable issued by the State of California. Any person employed by the Contractor who fails or refuses to carry out the directions of the City, appears to be incompetent, acts in a disorderly, improper or unsafe manner, or shows signs of intoxication or other impairment shall be immediately removed from the job site by the Contractor. Prior to returning a removed employee to work within the City, the Contractor shall provide in writing the reason for the individual's behavior and the means used to prevent this behavior from occurring again. Failure of the Contractor to prevent, prohibit, or resolve problems with its employees working within the City will result in sweeping operations being suspended until further notice, and cause for contract termination. The City may enter a contract with another party for street sweeping services during such a suspension, and the Contractor will be liable for all costs. XIV.LABOR STRIKE It shall be the responsibility of each contractor to provide continuous contractual services, without any interruption. In case of any labor strikes, the Contractor shall provide other means, as its own cost, to provide a comparable continuous contractual service as if there were no CITY OF SANTA ANA strike. Failing to do so will cause the City, to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor. XV.SUBCONTRACTOR/JOINT VENTURES The selected Contractor shall be the Prime Contractor performing the primary functions of the Agreement at all times which is street sweeping. If any portion of the Agreement is to be performed by a subcontractor for the Extra Work in Section 3.3.4 of the Agreement, this must be clearly set forth in the Proposal submittal as to what part(s) is/are to be delegated. The City reserves the right to reject any Proposal wherein use of subcontractors significantly affects the ability of the Proposer to function as the Prime Contractor on the awarded Agreement. The Prime Contractor will at all times be responsible for the acts and errors or omissions of its subcontractors or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a Proposer's request to use subcontractors is at the approval of the City, which shall not be unreasonably withheld. XVI.WORKING HOURS All sweeping activities shall be completed according to established sweeping time windows as posted on City streets. Typically, sweeping operations should be completed by 3:30 PM, Monday through Friday unless prior approval is given by the City Projects Manager or designee. Generally sweeping occurs no earlier than 4:00 AM, except in designated areas in which sweeping begins at 2:00 AM, such as the Downtown area. Approval and deviation of Contractor schedule will be at the sole discretion of the City. XVII.INSPECTIONS The Executive Director or his designee shall regularly inspect the streets and other City property subject to this Agreement to ensure that the work is being, and has been, performed in accordance with the terms identified in this agreement. All work found in such inspections not conforming to the applicable requirements shall be corrected by the Contractor. XVIII.PROTECTION OF THE PUBLIC & DAMAGES TO EXISTING STRUCTURES 1.The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/or repair charges resulting from the Contractor's actions shall be the sole responsibility of the Contractor. 2.The Contractor shall not permit placing or use equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate warning traffic safety devices when deemed necessary. 3.Methods proposed by the Contractor and approved by the City shall not harm, deface or damage the streets being swept, street trees, sidewalks or street curbs. In the event that damaged to City right-of- way has occurred in the course of work, the Contractor shall be solely responsible for its repair or replacement. XIX.SPECIFICATIONS This scope of services is intended to cover all labor, material and standards of workmanship to be employed for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. CITY OF SANTA ANA XX.WATER The City requires the Contractor to use water (recycled or potable water) when sweeping to reduce dust at all times. Therefore, the Contractor shall make the necessary arrangements to obtain an attachable portable water meter and a designated recycled water connector (if required) with the City's Water Resources Division to fulfill this Agreement's terms. The water meter will collect usage data for the City, but the Contractor will not be responsible for paying for water usage. Contractor acknowledges that all sweepers must be equipped with, and all drivers must be instructed in the proper use of, approved hydrant wrenches and anti-surge/eddy valves and hydrant meters. In the event Contractor encounters an inoperable or "dead" fire hydrant, Contractor shall report hydrant's condition and location to the City Public Works, Maintenance Services Division, within twenty-four (24) hours. Backflow Preventers shall be used properly with all water filling equipment (NO EXCEPTIONS). The use of recycled water is preferable to potable water. Recycled water fill station locations will provide by the City upon execution of the agreement. The Contractor will also have access to City fire hydrants to fill sweepers. XXI.DEBRIS DISPOSAL Disposal of debris at the City Corporation Yard and at City designated debris exchange zones will be permitted at no cost. Proposal pricing/fee shall not include any disposal fees. Debris disposal shall not be permitted onto the street. The Contractor will be responsible for collection of incidental debris around trash container/bin resulting from disposal exchange within two-hours after exchange. Coordination will be made by the City Projects Manager or designee. The Contractor shall make every effort to recycle materials. XXII.SPILLS 1.The Contractor shall make additional passes on a street route to pick up any spillage of sweeping materials debris dropped during turns or crossings of cross gutters, prior to moving to the next area. 2.The equipment operator shall immediately stop in the event of equipment spillage such as a spillage of gasoline, diesel, motor oil, or hydraulic oil. A call for assistance must be made and the area cleaned within two hours. Failure to affect a proper cleanup will result in the City responding with Fire and Public Works Hazmat crews, and costs will be deducted from the following invoice to be paid. The quality of spill clean-ups shall be to the satisfaction of the City Projects Manager or designee. XXIII.RECORDS The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The Contractor shall complete a monthly maintenance report indicating work performed, including GPS maps of routes swept and submit this completed report to the City Projects Manager or designee, This report should also contain a description of work performed, including man- hours, equipment, and any additional work, which the Contractor deems to be beyond the scope of the Agreement. Payment for this work will not be authorized unless the additional work and the costs thereof are first approved by the City. A phone log will be submitted monthly of all calls from the City of Santa Ana Public Works Agency Maintenance Services Division and the City of Santa Ana Police Department to the Contractor, identifying whether or not those calls require a request for service, and a description of the action taken from the City call. CITY OF SANTA ANA The Contractor shall provide monthly phone customer service logs from the public, indicating name, date, time and phone number of caller, reason for request, response/action by Contractor and time required to address request. Such logs shall be accurate and truthful. The Contractor shall permit the City to inspect and audit its books and records regarding City- provided services at any reasonable time. XXIV.AFTER-HOUR EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City. These Contractor representatives shall respond to said emergency within one (1) hour from receiving notification. The City anticipates the need for this service of up to five-occurrences per year. XXV.MATERIALS AND EQUIPMENT A.The Contractor shall make all reasonable effort to purchase equipment and materials In the City and to utilize Santa Ana vendors. Such efforts shall be provided to the City. The City shall have the ability to provide a list of possible Santa Ana vendors to the Contractor. B.Contractor shall furnish all labor, equipment tools, and materials and supplies including Personal Protective Equipment (PPE), such as face mask respirator (N- 95) gloves, coverall suits, trash bags and the skills and training required to perform all services listed above and per Cal-OSHA requirements. XXVI.CUSTOMER SERVICE Contractor shall provide service, which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. A Contractor equipment operator is an extension of the City of Santa Ana Public Works, and as such is expected to: 1.Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner. 2.Give full attention to each customer's needs by asking questions. Provide information, products and service in an accurate, organized and complete manner. Determine that the customer's request has been fulfilled. 3.Comply with all federal, state, county, and city laws and regulations. 4.Use adequate equipment that is kept clean and neat at all times. 5.Train other Contractor employees to be polite and courteous during public contact. 6.Employ truth and accuracy in reporting customer service records. XXVII.DEFINITIONS 1.Clean Street Condition - Clean streets with no debris trails left behind 2.Contractor - Refers to the individual, partnership, or corporation that is awarded a contract by the City upon conclusion of this RFP process. 3.City Holidays Observed - New Year's Day, Martin Luther King, Presidents' Day Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve and Christmas Day. 4.Curb Mile - measurement of curbing of streets and medians and equal to 5,280 linear feet. 5.Curb-to-Curb - area within the curb limits of the street including medians, intersections and CITY OF SANTA ANA street ends. 6.Debris - litter, rubbish, leaves, sand, debris trail, dirt, garbage, and other foreign material. 7.Inclement Weather - weather conditions that prohibit the effective operation of sweeping operations. 8.Linear Mile - measurement of actual miles driven in order to satisfactorily clean streets to the City standard, which may require multiple passes depending on condition and width of street. 9.Re-sweep - sweep required when previous sweeps are deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation. Such re- sweeps will be at no additional cost with up to two re-sweeps performed to City satisfaction. 10.Special Sweeping (Sweeps) - sweeping involving special events, parades, inclement weather, roadway hazards, spills (similar, but not limited to oil, paper, debris, etc.) and City surface parking lots. 11.Street - all paved dedicated public rights-of-way within the existing or future City limits. 12.Sweeper - Sweeping machine. 13.Travel Speed - sweeper operator must maintain a speed of no more than eight (8) miles per hour, or other agreed upon speed by the City, while the sweeping broom is lowered in the operating position. XXVIII.COMPENSATION 1.Invoices a.The Contractor shall submit a monthly invoice by the 15th of the month to the City for the services rendered in the prior month. b.All invoices for work performed under this contract shall be submitted electronically in a Microsoft Excel 2016 format or newer, or other format approved by the City Projects Manager or designee. The invoice shall include the following information at a minimum: i.Contractor's invoice number ii.Beginning and ending dates for services iii.City work order number (if applicable) iv.Work site address/location (if applicable) v.Unit cost, subtotals and total for invoice vi.Curb miles swept authenticated by GPS reports and maps. vii.GPS Route Maps (if requested by City) 2.Payment Payment by City shall be made in accordance with Section 3.3.2 of the Agreement. 3.Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs. Documentation of contract compliance may be required on some occasions. CITY OF SANTA ANA XXIX.EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. XXX.CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS Contractor shall participate in extensive public awareness efforts and community events and programs, such as neighborhood clean-up events and anti-litter campaigns. Such participation shall be upon City request provided with reasonable notice of event timing. XXXI.FINES The Contractor shall be liable for all violation fines levied against the City by, but not limited to, AQMD, State or Federal Agencies to the extent caused by Contractor’s performance of street sweeping services. EXHIBIT B 14048 Valley Blvd, City of Industry, CA 91716 (888) 336-6100 July 31, 2023 Arturo Rodriguez Assistant Public Works Maintenance Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Sweeping of City Park’s Parking Lots Quote Dear Mr. Rodriguez: We are in receipt of your request for pricing/quote for the city park’s parking lots. After review of the aerial maps we have based our pricing on a per parking lot basis rather than curb mile, this approach takes into account the specific requirements and complexities of each of the parking lots listed. Please see pricing below. Park Sites Rate Per Hour* Unit (1xMonth) Extended Price (Annual Total) 1 Adams 250.00$ 12 3,000.00$ 2 Bomo Koral 250.00$ 12 3,000.00$ 3 Cabrillo 250.00$ 12 3,000.00$ 4 Centennial 350.00$ 12 4,200.00$ 5 Cesar Chavez Campesino 250.00$ 12 3,000.00$ 6 Delhi 350.00$ 12 4,200.00$ 7 El Salvador 250.00$ 12 3,000.00$ 8 Edna 250.00$ 12 3,000.00$ 9 Heritage 250.00$ 12 3,000.00$ 10 Jerome 250.00$ 12 3,000.00$ 11 Madison 350.00$ 12 4,200.00$ 12 Memorial 350.00$ 12 4,200.00$ 13 Morrison 250.00$ 12 3,000.00$ 14 Portola 250.00$ 12 3,000.00$ 15 Riverview 250.00$ 12 3,000.00$ 16 Rosita 350.00$ 12 4,200.00$ 17 Santa Anita 250.00$ 12 3,000.00$ 18 Carl Thornton 250.00$ 12 3,000.00$ 19 Windsor 250.00$ 12 3,000.00$ Total 63,000.00$ * Per hour rate will be charged at the full hour. 14048 Valley Blvd, City of Industry, CA 91716 (888) 336-6100 We are offering you an hourly rate, as well as, an extended rate. We anticipate that some of these parking lots will involve manual labor, such as blowing of corners and raised medians which may require more time. If you have any further questions, please feel free to reach out to us. We are excited for this opportunity to continue being a proud partner to the City of Santa Ana and look forward to next steps. Sincerely, Matthew Niklas Executive Vice President 0.12 curb miles .3 curb miles .13 curb miles 3.08 curb miles .09 curb miles .5 curb miles .24 curb miles .06 curb miles .14 curb miles .7 curb miles .3 curb miles .43 curb miles .1 curb miles .16 curb miles .23 curb miles .32 curb miles .11 curb miles .5 curb miles .13 curb miles .63 curb miles total .2 curb miles EXHIBIT C EXHIBIT C Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers’ Compensation. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (2) Primary Coverage. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City. (6) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. (7) Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (8) Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. (9) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. EXHIBIT D 14048 Valley Blvd, City of Industry, CA 91716 (888) 336-6100 July 21st, 2023 Pedro Guillen, Deputy Public Works Director City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Athens Proposal Update, RFP #23-007, Street Sweeping Services Dear Mr. Guillen: As you are aware, Athens Services and your staff have been engaged in ongoing negotiations across the past few months related to RFP #23-007, Street Sweeping Services. I am happy to present the final aligned proposal that is poised to continue having Athens Services as key service provide in the City for years to come. Notable Deal Points: • Curb-Mile Rate ---------- $53.05 • Wages --------------------- Payment of Prevailing Wages (Teamsters or Future TBD Classification) • Parking: ------------------- SNA Corporate Yard, Existing Office, 8 Stalls • CPI: ------------------------- Actual CPI, No Cap, 100% CPI, No PPI • Term: ---------------------- 10 Year, 5 Year Option, 15 Year Potential • PI Freeze: ----------------- PI Freeze Reduced from 24 Months to 12 Months, First CPI Increase Would be 7/1/2025 • Water & Disposal: ----- Free Water & Disposal at City Yard • Contract Start: ---------- July 1st, 2024 Due to the Cities direction to pay prevailing wage and because there is no specific classification for municipal street sweeping (cleaning of gutters & arterials) and since the City did not provide specific guidance, we have elected to use the Teamsters classification. If the City feels another determination is better suited, we are open to that discussion. Athens reserves the right in the future to adjust the selected classification. If there is a change in determination or classification directed by the DIR, Athens would deem that a change in law and require a potential adjustment to the accompanying curb-mile rate. We are excited for this opportunity to continue being a proud partner to the City of Santa Ana and look forward to next steps. Sincerely, Steven D. Librenjak Division Vice President 14048 Valley Blvd, City of Industry, CA 91716 (888) 336-6100 July 21st, 2023 Pedro Guillen, Deputy Public Works Director City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Athens Proposal Update, RFP #23-007, Street Sweeping Services Dear Mr. Guillen: As you are aware, Athens Services and your staff have been engaged in ongoing negotiations across the past few months related to RFP #23-007, Street Sweeping Services. I am happy to present the final aligned proposal that is poised to continue having Athens Services as key service provide in the City for years to come. Notable Deal Points: •Curb-Mile Rate ---------- $53.05 •Wages --------------------- Payment of Prevailing Wages (Teamsters or Future TBD Classification) •Parking: ------------------- SNA Corporate Yard, Existing Office, 8 Stalls •CPI: ------------------------- Actual CPI, No Cap, 100% CPI, No PPI •Term: ---------------------- 10 Year, 5 Year Option, 15 Year Potential •PI Freeze: ----------------- PI Freeze Reduced from 24 Months to 12 Months, First CPI Increase Would be 7/1/2025 •Water & Disposal: ----- Free Water & Disposal at City Yard •Contract Start: ---------- July 1st, 2024 Due to the Cities direction to pay prevailing wage and because there is no specific classification for municipal street sweeping (cleaning of gutters & arterials) and since the City did not provide specific guidance, we have elected to use the Teamsters classification. If the City feels another determination is better suited, we are open to that discussion. Athens reserves the right in the future to adjust the selected classification. If there is a change in determination or classification directed by the DIR, Athens would deem that a change in law and require a potential adjustment to the accompanying curb-mile rate. We are excited for this opportunity to continue being a proud partner to the City of Santa Ana and look forward to next steps. Sincerely, Steven D. Librenjak Division Vice President EXHIBIT 4 14048 Valley Blvd, City of Industry, CA 91716 (888) 336-6100 July 31, 2023 Arturo Rodriguez Assistant Public Works Maintenance Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Sweeping of City Park’s Parking Lots Quote Dear Mr. Rodriguez: We are in receipt of your request for pricing/quote for the city park’s parking lots. After review of the aerial maps we have based our pricing on a per parking lot basis rather than curb mile, this approach takes into account the specific requirements and complexities of each of the parking lots listed. Please see pricing below. Park Sites Rate Per Hour* Unit (1xMonth) Extended Price (Annual Total) 1 Adams 250.00$ 12 3,000.00$ 2 Bomo Koral 250.00$ 12 3,000.00$ 3 Cabrillo 250.00$ 12 3,000.00$ 4 Centennial 350.00$ 12 4,200.00$ 5 Cesar Chavez Campesino 250.00$ 12 3,000.00$ 6 Delhi 350.00$ 12 4,200.00$ 7 El Salvador 250.00$ 12 3,000.00$ 8 Edna 250.00$ 12 3,000.00$ 9 Heritage 250.00$ 12 3,000.00$ 10 Jerome 250.00$ 12 3,000.00$ 11 Madison 350.00$ 12 4,200.00$ 12 Memorial 350.00$ 12 4,200.00$ 13 Morrison 250.00$ 12 3,000.00$ 14 Portola 250.00$ 12 3,000.00$ 15 Riverview 250.00$ 12 3,000.00$ 16 Rosita 350.00$ 12 4,200.00$ 17 Santa Anita 250.00$ 12 3,000.00$ 18 Carl Thornton 250.00$ 12 3,000.00$ 19 Windsor 250.00$ 12 3,000.00$ Total 63,000.00$ * Per hour rate will be charged at the full hour. EXHIBIT 5 14048 Valley Blvd, City of Industry, CA 91716 (888)336-6100 We are offering you an hourly rate, as well as, an extended rate. We anticipate that some of these parking lots will involve manual labor, such as blowing of corners and raised medians which may require more time. If you have any further questions, please feel free to reach out to us. We are excited for this opportunity to continue being a proud partner to the City of Santa Ana and look forward to next steps. Sincerely, Matthew Niklas Executive Vice President 0.12 curb miles .3 curb miles .13 curb miles 3.08 curb miles .09 curb miles .5 curb miles .24 curb miles .06 curb miles .14 curb miles .7 curb miles .3 curb miles .43 curb miles .1 curb miles .16 curb miles .23 curb miles .32 curb miles .11 curb miles .5 curb miles .13 curb miles .63 curb miles total .2 curb miles