Loading...
HomeMy WebLinkAbout25H - AGMT - STREET SWEEPING SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2012 TITLE AGREEMENT AWARD FOR STREET SWEEPING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the agreement with Athens Services to provide street sweeping services for an eight-year term, for an amount not to exceed $801,000 annually, plus a 10% contingency, with an option for an eight-year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Background: The Public Works Agency's Maintenance Services Division is responsible for sweeping all of the City roadways with an annual goal to sweep over 60,000 curb miles, including sweeping residential areas weekly. This program is funded from revenues generated from the Sanitation Fee, which has remained the same since 1996 with the passage of Proposition 218. Budget estimates made last year indicated that the Sanitation Enterprise Fund would have a shortfall of over $2 million at the end of fiscal year 2011-12. As a result, staff has been pursuing lower-cost alternatives to allow for the continued operation of the city's maintenance programs, including reductions in tree plantings, equipment transfers, and contracting parking control services, which are also supported by the sanitation fee. The Division is proposing to contract street sweeping services. Reducing service levels and frequency, using a hybrid of staff and contracted sweeping, and full-contract sweeping have been considered. Full-contract street sweeping was determined to be the most cost effective alternative and is anticipated to save the Sanitation Enterprise Fund over $1.5 million annually, which is 35 percent less than the current program cost of $4.3 million. 25H-1 Agreement Award for Street Sweeping Services July 16, 2012 2of6 Procurement Process for Contract Sweeping: Staff advertised and released a Request for Proposals (RFP) on November 21, 2011 and requested quotes for four sweeping scenarios that included different levels of sweeping service. Requirements of the RFP included: continuous staffing provisions for sweeping routes when contract staff is on leave; alternative-fuel sweepers and relief sweepers; GPS tracking software; 400 miles of special sweeping at no additional cost for parades, special events, and roadway hazards; soliciting employment opportunities from Santa Ana residents; and participation in community events. Additionally, the RFP required contractors to extend offers of employment to any displaced City street-sweeper equipment operators for a minimum of one year at their last base salary amount. Furthermore, the City would have the ability to add or delete services without City employee and equipment impacts. Staff held a pre-proposal meeting on December 1, 2011 and 11 sweeping contractors attended. Submittals were due on January 4, 2012 and the City received proposals from four sweeping contractors. The proposals were evaluated by a team comprised of two representatives of the Public Works Agency and one from another City utilizing the following criteria: phasing approach; equipment, employee training program, ability to meet performance on schedule, company experience and reputation, and competiveness of the fees. In addition, staff performed reference checks on all of the proposers and determined that all were highly qualified. All four contractors were invited to the interview phase of the evaluation process. The maximum obtainable rating score for each of the four proposers was 330. The ratings and costs for the four contractors are identified in Table 1: TABLE 1 TOTAL RANK PROPOSER LOCATION RATING PERCENTAGE PROPOSALFEE SCORE (CURB MILE) 1 Athens Services City of Industry 304 92.1 $850,790 $16.00 2 Clean Street Gardena 288 87.3 $1,250,300 $23.42 3 Venco Power Oxnard 267 80 9 $983,370 Sweeping Inc. . ($18.42) 4 *R.F. Dickson Co. Inc. Downey 216 65.5 $1,187,304 $22.24 *R.F. Dickson Co. Inc. submitted an alternative proposal which did not include the hiring of the displaced City employees, however, it did comply with the balance of the RFP requirements. 25H-2 Agreement Award for Street Sweeping Services July 16, 2012 3 of 6 The evaluation committee determined that Athens Services was the top proposer. The company received the highest overall rating due to a top-quality proposal presentation and interview, sweeping program implementation plan, fee competiveness, emphasis on customer service, and overall responsiveness to the RFP requirements. Athens Services has been providing street sweeping services for over 25 years and services 25 cities, including Lake Forest, Mission Viejo, Newport Beach, Placentia, and Villa Park. Athens proposed some inventive ideas including the utilization of GPS devices to improve sweeping quality and route efficiency, and the possibility of utilizing parking enforcement camera technology on sweeping vehicles to produce additional savings to the City. Key Contract Terms: Following the evaluation process, staff entered into negotiations with Athens Services and reached key agreement deal points that include: • Reducing the proposed curb mile price from $16 to $15, a reduction of over $53,000 (6 percent) for a total contract of $800,790 annually. • Providing twelve parking spaces to Athens Services at the City Corporate Yard for sweeping vehicles, related equipment, and an office/storage room. • The ability for Athens to purchase fuel at the City Corporate Yard. Impact to Existing Staffing: Contracting street sweeping services will not result in any staff layoffs. As part of the transition, street sweeping equipment operators will be reassigned to other Maintenance Services Division programs such as environmental sanitation, street trees, or roadway markings and signs, with no changes to their current salary rates. Last April, the Maintenance Services Division lost three equipment operators and is expecting to lose an additional three in the sweeping program within the next six months due to retirement. Also, up to 80 percent of division staff will be eligible to retire within the next four years. With these upcoming retirements, the Sanitation Enterprise Fund is expected to realize added cost savings. These reductions in personnel costs are important long-term strategy needed to balance the fund. Contract sweeping will allow the City to maintain the supervisor, projects manager and maintenance manager to manage the contract (Table 2). Implementation of contracted street sweeping will produce an immediate first-year program savings of over $1,530,000 and comparable annual savings during the contract term. 25H-3 Agreement Award for Street Sweeping Services July 16, 2012 4 of 6 TABLE 2 STREET SWEEPING PROGRAM APPROVED BUDGET FISCAL YEAR 2011-12 CITY SWEEPING PROPOSED BUDGET FISCAL YEAR 2012-13 CONTRACT SWEEPING Equipment Operators 9.0 0.0 Crew Leader 1.0 0.0 Parking Control Officer 6.0 0.0 Roadway Maintenance Supervisor 1.0 1.0 Projects Manager 0.5 0.5 Public Works Maintenance Manager 0.5 0.5 Maintenance Worker II 4.0 4.0 Street Painter 1.0 1.0 Parking Control Vehicles 4.0 0.0 City Street Sweeper Vehicles 11.0 0.0 Total Sweeping Program Costs (Includes: personnel, contractual, cross charges, miscellaneous $4,314,920 $2,783,560- Sweeping Program Annual Savings $1,531,360 * Contract sweeping services include $800,790 for contract sweeping operators, contractor supervisor, and sweeper vehicles. Staff met with Service Employees International Union (SEIU) representatives on October 3, 2011, March 22, 2012 and June 7, 2012 to discuss the impacts of contracting street sweeping services. Staff provided all information relating to the budget shortfall and the decision to pursue contract sweeping, contractor evaluation information, and employee reassignments. After the June 7 meeting, staff was notified by SEIU that the meet-and-confer process was completed and that staff could proceed with placing this item for City Council consideration. Quality Control Provisions: Incorporated in the scope of services are checks and balances that will address sweeping quality and performance concerns. In summary they include: Detailed specifications for sweeping quality requiring streets to be swept from curb to curb, as appropriate, multiple times if necessary and to the satisfaction of the Public Works Director. • Constant staffing levels. 25H-4 Agreement Award for Street Sweeping Services July 16, 2012 5 of 6 • Relief vehicle requirement. • After-hours emergency response within one hour. • Global positioning system and reports to monitor sweepers. • Monthly customer service logs from the contractor identifying response and action taken. • Maximum cost-of-living adjustment of two percent annually. • City's right to terminate immediately for cause. • Contractor option for termination requiring 180-days written notice prior to termination date requested. Recommendation: The Athens Services team has demonstrated the organizational credentials, resources, and staff experience necessary to meet the City's high level of street sweeping service. The most cost-effective method for contracting street sweeping services is through a multiyear agreement, because of the need to amortize the significant initial start-up investment of equipment and personnel required to provide this service. The initial contract would be for eight years with an option for an eight-year renewal based on contractor performance and cost effectiveness. Based on the information provided in the proposal, interview, and checks and balance provisions, it has been determined that Athens Services will provide the best quality service at minimum cost to the City; therefore, it is recommended that the City Council approve the recommended action. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25H-5 Agreement Award for Street Sweeping Services July 16, 2012 6 of 6 FISCAL IMPACT Funds are available in the Roadway Cleaning Fund (accounting unit 06817641-62300). Raul Godinez II Executive Director Public Works Agency RG:PG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement 2. Street Sweeping Services Request for Proposals 3. Athens Services Proposal 25H-6 AGREEMENT FOR PROVISION OF STREET SWEEPING SERVICES THIS AGREEMENT, made and entered into this 16th day of July, 2012 by Athens Services, a California corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the provision of street sweeping services comparable with "high-level" industry practice. B. On November 22, 2011, City issued a Request for Proposals ("RFP") seeking proposals for provision of street sweeping services. C. Contractor submitted a Proposal which has been determined to the best quality services at minimum cost to the City. D. Contractor is ready and willing to perform the sweeping services and acknowledges that City has relied on Contractor's representations. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional street sweeping contractor. 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 Contractor shall provide street sweeping services for the City of Santa Ana as set forth in City's Request for Proposals (RFP), dated November 22, 2011, and the maps included therein, on file with the Santa Ana Public Works - Maintenance Division. Said services to be performed by Contractor's workforce shall conform with the specifications set forth in Exhibit A, attached hereto. All referenced exhibits are incorporated by this reference. 2. CITY INSPECTION The Executive Director of the Public Works Agency, or his designee, shall regularly inspect the streets and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $15.00 per curb mile, as set forth in Scenario 3 of City's RFP. The total sum to be expended under this Agreement shall 25H-7 not exceed $800,790.00, annually, plus a ten percent (10%) contingency for unanticipated services required during the each annual period of this Agreement. b. Invoices. Contractor shall submit a monthly invoice by the 15th of the month to the City for the services rendered in the prior month. All invoices for work performed under this contract shall be submitted electronically in a Microsoft Excel 2003 format or newer, or other format approved by the City Projects Manager or designee. Each monthly invoice shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates of 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) c. The City will make every effort to make payment within thirty (30) days following receipt of proper invoice. However, payment by City shall not be considered late until sixty (60) days following receipt of proper invoice. Payment need not be made for work which fails to meet the standards of performance of a professional street sweeping service. d. Adjustments to Charges. The parties may agree to an annual adjustment of street sweeping charges (not to exceed 2%) at the end of the first year of the agreement and every year thereafter, utilizing the month of December statistics and supporting documentation. 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-Anaheim-Riverside 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. e. 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. Documentation of contract compliance may be required on some occasions. 4. TERM This Agreement shall commence on 1, 2012 and terminate on June 30, 2020 unless terminated earlier in accordance with Section 13, below. The City retains an option to extend the term of this Agreement for one additional eight-year period. Said option shall be exercised in writing at least thirty (30) days prior to the end of the initial term. Notwithstanding the above, in the event the City Council does not allocate funding for street sweeping services during the annual budget approval process, the City shall notify Contractor of such occurrence in writing at least thirty (30) days prior to the end of the current fiscal period, and this Agreement shall terminate on the last day of current fiscal period without penalty or expense to the City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor 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 25H-8 discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. INSURANCE 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: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. section: d. The following requirements apply to the insurance to be provided by Contractor pursuant to this (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25H-9 7. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8. 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, Contractor 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. 9. 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. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement 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 telefacsimile 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 Fax 714-647-6956 With courtesy copies to: Public Works - Maintenance Division City of Santa Ana 25H-10 220 S. Daisy Avenue, Bldg A Santa Ana, California 92703 Fax 714-647-3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Athens Services Gary Clifford 5355 Vincent Avenue Irwindale, California 91706 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 telefacsimile, 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. 11. 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 Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed, in precedential order by, 1) the Specifications attached as Exhibit A, 2) the provisions of City's Request for Proposals dated November 22, 2011, and 3) Contractor's Proposal. 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 Contractor nor 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 are not embodied herein. 12. 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 of the services which are the subject to this Agreement performed by City personnel. 13. TERMINATION AND DAMAGES a. City reserves the right to terminate this Agreement immediately, without penalty, for cause. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner 25H-11 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 liw, 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. b. 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. c. Termination by Contractor. (i) Contractor may stop providing service pursuant to this Agreement in the event on nonpayment by the City. In order to invoke this provision, Contractor must first provide to City thirty (30) day written notice of nonpayment of undisputed sums. Contractor shall allow the City thirty (30) working days to cure the alleged breach, after Contractor provides written notice of such breach. (ii) 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. In such event, Contractor may request termination by providing one-hundred eighty (180) days written notice prior ?o contract termination date. If such event may not be remedied by reasonable action taken by Contractor, City may approve termination. 14. LIQUIDATED DAMAGES If City determines that the Contractor has breached its promise to provide street sweeping services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth herein, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of Contractor's breach, Contractor shall pay to City the sum of $265.00 per street sweeping hour during which Contractor remains in breach, in addition to any cost, fines, etc. levied against the City. 15. 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. 25H-12 16. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE Contractor shall extend offers of employment to any displaced City of Santa Ana street sweeper equipment operators for a minimum of one year and at a rate commensurate to their last base salary amount as an equipment operator with the City of Santa Ana. Such effort and procedure will be provided to the City for review. 17. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS Contractor shall participate in 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. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. 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. b. 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. c. Contractor shall be liable for all violation fines levied against the City by, Federal, State and/or local agencies, with authority over Contractor street sweeping services. 19. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. 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 sha.1 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. 21. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 25H-13 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. 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: MARIA D. 14UIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director - PWA CITY OF SANTA ANA PAUL M. WALTERS City Manager ATHENS SERVICES Gary M. Clifford Chief Operating Officer Tax ID# 25H-14 EXHIBIT A SPECIFICATION FOR STREET SWEEPING SERVICES CONTRACTOR'S WORKFORCE a. Contractor shall provide a work force sufficient to perform the required services. b. All contract services shall be performed by competent and experienced employees. Contractor shall be responsible for compliance with all local, state and federal laws and regulations. Contractor shall employ at its own cost, all professional and technical personnel necessary to properly perform the contract services. c. Contractor shall establish, implement and maintain written operating procedures designed to ensure the work forces' utilization of techniques generally accepted for cities of the size and nature of the City of Santa Ana. A current copy of Contractor's Operating Procedures shall be provided to the Santa Ana Maintenance Supervisor. d. Contractor shall provide a skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications by directly overseeing the contract operations. Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. Contractor personnel while performing contract services for the City shall be neat in appearance and wear uniforms as approved by the Santa Ana Maintenance Supervisor. Additionally, all Contractor personnel shall wear identification badges or patches. Employees driving Contractor's vehicles shall at all times possess and carry a valid Commercial Drivers License issued by the State of California. If the City Maintenance Supervisor determines that any person employed by Contractor has failed or refused to observe the terms of the contract, appears to be incompetent, acts in a disorderly, improper or unsafe manner, shows signs of intoxication or other impairment, shall be removed from the performance of services for the City. Prior to returning a removed employee to work in the City, Contractor shall provide, in writing, the reason for the individual's behavior and the means imposed to prevent the behavior from occurring in the future. f. Complaints received by City regarding Contractor's performance will be transmitted to Contractor in writing, by telephone or fax, and handled by Contractor's supervisor. All complaints shall receive a follow-up response within twenty-four (24) hours following notification of the Contractor. A report of the Contractor's investigation and corrective action will be promptly provided to City. g. Contractor shall provide a manager to coordinate work with the City Maintenance Supervisor and ensure satisfactory performance of services. h. Contractor shall provide adequate safeguards to prevent damage to existing structures and improvements. Structures and improvements of any kind, whether public or private, which are removed, damaged or destroyed in the course of work shall be replaced and/or repaired at Contractor's expense, to the original condition and to the satisfaction of the City. 25H-15 i. City may utilize a Parking Control Officer to cite vehicles for parking during street sweeping hours. The Contractor shall coordinate sweeping activities with the parking control officer. All costs for coordination are the responsibility of the Contractor, and no additional compensation will be allowed. The City may at various times and locations temporarily install portable traffic counting equipment of the type which is activated by vehicles coming in contact with a hose placed in the roadway. Caution shall be used by the Contractor to avoid damaging said equipment. If the Contractor, while in the performance of this contract damages any of the traffic counting equipment or appurtenances, Contractor shall bear the entire cost for the restoration, repair, inspection, testing or replacement of said damaged equipment. II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES A. WORK ASSIGNMENTS AND SCHEDULE Contractor shall be provided weekly route schedules by the City. Contractor shall submit a written sweeping schedule to the City Projects Manager or designee clearly identifying the sweeping tasks required by this Agreement and days they are scheduled to be performed in each particular area. Contractor shall review and propose sweeping route modifications to improve sweeping program efficiency. If it is necessary to make periodic revisions to this maintenance 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. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Street sweeping shall be scheduled for all regular holidays and rainy days, unless otherwise indicated by the City. B. ALTERNATIVE-FUEL SWEEPING EQUIPMENT Contractor will utilize 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. C. 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. Contractor shall be liable for all AQMD, State or Federal fines levied against the City relating to Contractor street sweeping equipment violations. Be a standard full size motorized sweeper equal to or larger than an Elgin Broom Sweeper, Tymco 600, Schwarze model A8000 or similar model with equal pick up abilities with dual gutter brooms. Vacuum sweepers may be considered. Be no more than eight (8) years in age at any period during the contract. Contractor will be allowed 12-months to replace necessary sweepers at the end of the first eight year term of this Agreement. 25H-16 d. Be able to deposit hopper debris at City Yard Bin "Pit" area (washout, cleaning, dumping of hopper on streets will not be allowed). e. Be maintained in top-class running condition including arriving clean for each daily schedule. f. Contractor shall provide a relief sweeper to complete scheduled routes for each sweeper out of operation, broken down, scheduled for maintenance or any other similar situation. g. 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, California driver's license number, license class, expiration date and a current California DMV record for each driver. h. Contractor will not be permitted to washout or clean hopper on any public street, alley or City owned parking lot, except in designated areas at the City Corporate Yard. 2. The street sweeper or any relief sweeper shall be equipped with the following: a. Rotating amber dome lights. b. DMV night traveling amber side, rear, and top lights or similar. c. Dual side gutter brooms. d. A set of road trouble fluorescent triangles. e. A radio or mobile phone. D. 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 information and reports generated by the GPS tracking system. 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 one eighteenth for each day that sweeping is recorded in excess of 8 miles per hour over a total of one hour per day. E. QUALITY OF SWEEPING The quality of sweeping shall be to the satisfaction of the Public Works Agency Executive Director or designee. 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 to result in clean streets with no debris trails left behind. 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. Contractor shall exercise due 25H-17 care so as 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: (a) Sweeping speed shall be adjusted to street conditions with a maximum speed of eight (8) miles per hour; and (b) patterned concrete medians, intersections, and crosswalks shall be swept at a maximum speed of three (3) miles per hour. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City to ensure the highest sweeping quality. 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 they street, as appropriate. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line. Swept clean means minimal debris residual or tailings. Sweeper must not blow debris onto private property. F. GLOBAL POSITIONING SYSTEM (GPS) Contractor shall provide all street sweepers used in the City with a GPS that enables computer monitoring location of the sweepers at all times. This system will also monitor the day-to-day operation of the sweepers, location of sweeper, including streets swept, curb miles swept, brooms up or down, and the direction and speed of travel. The City and Contractor shall be enabled to view this information via computer at all times. GPS reports shall be available at the request of the City. G. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE Contractor will 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 quality 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 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 two-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. H. FUELING OF SWEEPERS Contractor shall be responsible for fueling each sweeper and shall be ready to sweep at all scheduled times. 1. SPECIAL SWEEPING Contract shall provide 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. Additionally, Contractor shall routinely sweep the City Corporation Yard and maintain sweeper wash rack area clean J. PERFORMANCE DURING INCLEMENT WEATHER 1. The City shall determine when sweeping operations should cease due to inclement weather or other reasons and will notify the Contractor immediately of such determination. 25H-18 2. Payment by City shall be made only for work performed prior to receipt of notification that service must cease, as set forth above. K. CONTRACTOR PERSONNEL A list identifying the names of all Contractor street sweeping equipment operators shall be provided to the City Projects Manager or designee. All Contractor personnel operating sweeping equipment shall be required to be licensed to operate such sweeper and maintain a valid license issued by the California Department of Motor Vehicles. L. WORKING HOURS All sweeping activities shall be completed within established sweeping time periods 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. Approval and deviation of Contractor schedule will be at the sole discretion of the City. M. 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. N. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES 1. 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. Contractor shall not permit placing or use equipment in such a manner as to block vehicle traffic lanes or create safety hazards. 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. 0. 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. P. WATER Contractor will be provided access to City fire hydrants free of charge, to utilize when filling sweepers. The City will provide information and demonstrate how to properly utilize fire hydrant connections. Q. DEBRIS DISPOSAL Disposal of Santa Ana sweeping debris at the City Corporation Yard will be permitted free of charge. In compliance with Santa Ana Municipal Code § 18-155, debris disposal discharge shall not be permitted onto the street. Debris disposal discharge includes dumping or disposal of any liquid, semi-solid or solid substance. Contractor will be responsible for collection of incidental debris around trash container/bin 25H-19 resulting from disposal exchange within two-hours after exchange. Coordination will be made by the City Projects Manager or designee. Contractor shall make every effort to recycle materials. R. SPILLS 1. 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. 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. S. RECORDS Contractor shall keep accurate records concerning all of its employees or agents and provide the City with names and telephone numbers of emergency contact employees. 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 shall include a description of work performed, including man-hours, equipment, and any additional work, which 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.. Contractor shall provide monthly phone customer service logs, including calls made by City staff, 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. Contractor shall permit the City to inspect and audit its books and records regarding services provided in City at any reasonable time. T. EMERGENCY SERVICES The Contractor shall be available by phone, and shall respond to emergency calls placed by City within thirty (30) minutes during normal working hours. Contractor will provide the City with names and telephone numbers of at least two qualified persons to 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 of Santa Ana. These Contractor representatives shall respond to emergency calls within one (1) hour from receiving notification. The City anticipates the need for this service of up to six-occurrences per year. U. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY 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 between Contractor City representatives 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 specif cations. V. CONTRACTOR'S EQUIPMENT City will permit Contractor to store equipment and necessary service vehicles used exclusively for providing street sweeping service, at the City Corporate Yard. City will grant to Contractor, on the terms and conditions set forth in Exhibit B, attached hereto, a license to utilize the eight (8) CNG time- fill spaces, and four (4) non-CNG spaces at the City Corporate Yard, for Contractor sweeping operations. Said spaces shall be utilized only for street sweepers, maintenance vehicles and supervisor 25H-20 vehicles. Additionally, City will grant to Contractor a license to use the small office/locker room at the City Corporate Yard. Said license area is shown on the map attached hereto as Exhibit B-1. W. MATERIALS AND EQUIPMENT Contractor shall make all reasonable effort to purchase equipment and materials in the City of Santa Ana 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. X. 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: I . 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. 111. DEFINITIONS 1. Curb Mile - measurement of curbing of streets and medians and equal to 5,280 linear feet. 2. 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. 3. Curb-to-Curb - area within the curb limits of the street including medians, intersections and street ends. 4. Contractor Holidays - New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 5. Inclement Weather - weather conditions that prohibit the effective operation of sweeping operations. 6. Debris - litter, rubbish, leaves, sand, debris trail, dirt, garbage, and other foreign material. 7. Street - all paved dedicated public rights-of-way within the existing or future City limits. 8. 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. 9. Sweeper - Sweeping machine. 25H-21 10. Swept Clean - means minimal debris residual or tailings. 11. 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. 12. 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. 25H-22 EXHIBIT B CITY CORPORATE YARD LICENSE AGREEMENT 1. PARTIES. This License Agreement is made and entered into this 16`h day of July, 2012 by and between the City of Santa Ana, a charter city and municipal corporation organized and existing pursuant to the Constitution and laws of the State of California, (hereinafter referred to as "City") and Athens Services, a California corporation (hereinafter referred to as "Athens"). PREMISES City hereby grants to Athens on the terms and conditions hereinafter set forth. A non-exclusive license to enter that certain real property located at 215 S. Center Street in the City of Santa Ana, County of Orange, State of California, commonly known the City Corporate Yard (hereinafter the "Premises"), and an exclusive license to eight (8) Compressed Natural Gas (CNG) time-fill spaces, four non-CNG spaces and the small locker room at the City Corporate Yard, Fleet Maintenance Facility, depicted in Exhibit B-1, attached hereto (said hereinafter called the "License Area"). Athens hereby accepts the Premises in their condition existing as of the commencement date of this Agreement. Athens shall maintain the License Area in a clean and safe condition, in conformance with environmental standards and regulations. Upon the expiration or termination of this License Agreement, Athens shall surrender the Premises to City in good and clean condition, less ordinary wear and tear. TERM The term of this License shall be eight years commencing on and ending on unless sooner terminated as hereinafter provided. Said License is for the sole purpose of providing space for the City's street sweeping service provider to store the equipment necessary to perform service for the City. This license will automatically terminate upon termination of the parties agreement to provide street sweeping for the City. 4. RENT Athens shall pay rent for the License Area in the form of reduced price per curb mile for sweeping services. Said reduced price may be increased, as agreed by City and Athens annually when the parties adjust the compensation for sweeping services. Athens shall monthly compensate City for the cost of compressed natural gas transferred to street sweeping equipment through the time-fill pumps during the previous month. Said cost shall be the sum of (the gasoline gallon equivalent_(GGE) pumped at the time-fill pumps X the commodity price per GGE paid by City) + (GGE x Fleet Facility overhead ($1.34/GGE)). The City's overhead charges shall be adjusted annually in the same percentage as the change in the most recent December Consumer Price Index (CPI), All Urban Consumers for Los Angeles-Anaheim-Riverside CMSA, published by the United `sates 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 25H-23 (90%) percent and PPI shall be weighted at ten (10%) percent. Each annual adjustment shall not exceed two percent (2%). SECURITY DEPOSIT Athens shall deposit with City upon the execution of this License the sum of Five Thousand Dollars ($5,000.00) dollars as a security deposit for the Athens' faithful performance of the provisions of this License. If Athens fails to pay rent or otherwise defaults with respect to any provision of this License, City may use the security deposit or any portion of it to cure the default or compensate City for all damages sustained by City resulting from Athens' default. Athens shall immediately on demand pay to City the sum equal to that portion of the security deposit expended or applied by City which was provided for in this paragraph so as to maintain the security deposit in the sum initially deposited with City. City shall not be required to pay Athens interest on the security deposit. If Athens performs all of its obligations under this License, the security deposit, or that portion thereof which has not previously been applied by the City, shall be returned to Athens within fourteen (14) days after the expiration of the term of this License, or after Athens has vacated the Premises, whichever is later. USE. Athens shall use the Premises only for storage and fueling of equipment required to perform the street sweeping agreement, such as street sweepers, supervisor vehicle 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. Athens may utilize the wash rack to clean sweepers and shall dispose of sludge in the waste bins on the Premises. Athens shall prevent sludge from entering the storm drains in violation of NPDES regulations. Athens may perform minor maintenance on its equipment while stored at the Premises, however, Athens shall provide all tools and equipment necessary for such maintenance. Further, Athens shall not perform any maintenance which will allow the escape of fluids in violation of NPDES regulations. Any waste/trash resulting from such maintenance shall be disposed off-site. TAXES AND UTILITIES. a.) If the Orange County Tax Collector makes a determination that the use of the License Area by Athens constitutes a possessory interest, Athens shall pay, before they become delinquent, all taxes, assessments or other charges levied or imposed by any governmental entity on Athens License Area. b.) City shall pay electricity, water and sewer charges imposed on the Premises. c.) In the event Athens' use of the Corporate Yard increases costs to City such as NPDES compliance costs, Athens will be responsible for such increases. The parties shall negotiate the terms and conditions of the Street Sweeping Service Agreement, to agree to a method of compensation for such increased costs. IMPROVEMENT AND ACCESS a.) Athens shall have access to the Premises during normal Corporate Yard business hours from 6 am to 8 pm Monday through Friday. Athens shall be provided access cards for its employees to utilize the Daisy Street employee parking area during their shifts. If Athens requires access to the Premises after hours, it shall contact City Corporate Yard manager to arrange necessary access. 25H-24 b.) Athens shall maintain and repair the License Area, including the removal of all trash, debris and waste material. If Athens causes any damage to the Premises, it shall properly repair the same to the satisfaction of the City. If Athens fails to so repair, City may repair and deduct the cost of such repair from the next monthly payment for Athens provision of sweeping services. LIENS Athens will not permit any mechanics' or materialmens's of other liens to stand against the Premises by reason of any use or occupancy by Athens or any agent or representative of Athens. 9. INDEMNITY AND INSURANCE Athens shall protect, defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connectio:-i with Athens' failure to comply with any obligations contained in this License Agreement by Athens, its officers, agents or employees except such loss or damage which is caused by the sole negligence or willful misconduct of City. Athens 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 City, regarding any action by a third party 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. Insurance In addition to the Athens' covenant to indemnify and hold harmless City, Athens shall obtain and furnish to City, a policy of general public liability insurance, commercial general liability, covering the Premises. The policy shall indemnify Athens and City, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Premises and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence. The policy shall name the City of Santa Ana, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any insurance coverage which may be applicable to the Premises shall be deemed excess coverage and that Athens' insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a "deductible" or any other similar form of limitation on the required coverage. Athens is required to give the City no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Athens to furnish insurance during the term of this Agreement. Property Insurance Athens shall provide to City, before entering the Premises, and shall maintain in force during the entire term of this Agreement, property insurance with extended coverage endorsements thereon, on the Premises in an amount equal to the full replacement cost and/or value thereof; this policy shall contain a replacement cost endorsement naming Athens as the insured and shall not contain a co-insurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to City. The proceeds of any such insurance payable to City shall be used for rebuilding or repair as necessary to restore the Premises at the discretion of City. The policy shall name the City of Santa Ana as an Additional Insured. The policy or policies shall also contain the following endorsements: 25H-25 The insurer will not cancel or reduce the insured's coverage without thirty (30) days prior written notice to City; and 2. The City of Santa Ana will not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with City. Certificates of Insurance Prior to execution of this Agreement, Athens shall furnish to City certificates of insurance and additional insured endorsements to each of Athens' insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice c Landlord. Athens shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by Athens under the Agreement. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Athens shall provide within fifteen (15) days of City's request. 10. TERMINATION AND DEFAULT a. Termination in the Event of Casualty or Condemnation In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in City's judgment, City shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Premises by giving written notice to Athens within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, City determines that the Premises is no longer adequate for Athens to continue its operations, or any repairs to the Premises have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation, this License Agreement will become null and void, and the parties will negotiate an adjustment to the street sweeping curb-mile rate. b. Termination This Agreement may be terminated by either party on sixty (60) days prior written notice. In the event of such termination, the parties will negotiate an adjustment to the street sweeping curb- mile rate. 25H-26 11. ASSIGNMENT Athens shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this License or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of Athens excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the City. Default by Athens Should Athens default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may immediately terminate the License, re-enter and regain possession of the License Area. Insolvency of Athens The insolvency of Athens as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Athens, or the making of a general assignment for the benefit of creditors by Athens, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the License Area. Cumulative Remedies The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Waiver of Breach The waiver by City of any breach by Athens of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Athens either of the same or Gnother provision of this Agreement. 12. HAZARDOUS MATERIALS Athens represents and warrants that it will comply with all environmental laws during the term of this Agreement; its use of the Premises herein will not generate any hazardous substance, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance. Athens further agrees to clean-up and remediate any hazardous substance on the Premises, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release by Athens or anyone acting on behalf of Athens, including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 13. MISCELLANEOUS Force Majeure - Unavoidable Delays 25H-27 Should the performance of any act required by this Agreement to be performed by either City or Athens be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. Compliance with Laws Athens shall at Athens' own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Athens' use and occupancy of the Premises whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Athens in a proceeding brought against Athens by any government entity, that Athens has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Athens and shall be considered grounds for termination of this Agreement by City. Athens will obtain all permits and other governmental approvals, required in connection with Athens' activities hereunder, and update such permits/approvals as necessary. Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Waste or Nuisance Athens shall not commit or permit the commission by others of any waste on the Premises. Athens shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises; and Athens shall not use or permit the use of the Premises for any unlawful purpose. 25H-28 m .r x w 25H-29 25H-30 REQUEST FOR PROPOSALS (RFP) FOR STREET SWEEPING SERVICES (Alternative Fuel Only) CITY OF SANTA ANA Public Works Agency Maintenance Services Division 220 S. Daisy Avenue Santa Ana, CA 92703 Pedro Guillen Projects Manager (714) 647-3303 (714) 647-3345 Fax Pguillen santa-ana.orq KEY RFP DATES Issue Date: Tuesday, November 22, 2011 Mandatory Pre-proposal Meeting: Thursday, December 1, 2011 - 9:00 a.m. Proposal Due Date: Wednesday, December 21, 2011 - 4:00 p.m. Presentation/Interviews: Week Following January 2, 2012 City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 25H231 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Street Sweeping Services. Responses to the Request for Proposal (RFP) will be accepted until Wednesday. December 21, 2011 at 4:00 p.m. If further information is required, contact Pedro Guillen at (714) 647-3303 or pauillen(a)santa-ana.orq. MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows: City of Santa Ana Office of the Executive Director Public Works Agency Attention: Pedro Guillen 20 Civic Center Plaza, Ross Annex, 4th Floor Santa Ana, CA 92701 It is the responsibility of the proposer to see that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this request for Proposal shall be made in writing via e-mail to Pedro Guillen at pguillen(cDsanta-ana.orq. The receivinct time in the City of Santa Ana, Office of the Executive Director, Public Works Agency, 20 Civic Center Plaza, Ross Annex, 4th Floor Reception Desk, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E-MAIL RFP RESPONSES DO NOT FAX RFP RESPONSES City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Page 2 25H-32 Y' a CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSAL FOR STREET SWEEPING (RFP) TABLE OF CONTENTS PAGE 1. INTRODUCTION 5 II. PERIOD OF CONTRACT 5 III. OPTION OF RENEWAL 5 IV. FISCAL NONFUNDING CLAUSE 5 V. PREPOSAL DEPOSIT AND PERFORMANCE BOND 6 VI. SCOPE OF WORK/SERVICES 6 VII. GENERAL INFORMATION 6 VIII. COORDINATION 7 IX. CONTRACTOR RESPONSIBILITIES 7 X. INITIATION/KICK OFF MEETING 7 XI. CITY BUSINESS LICENSE 7 XII. ADDENDA 7 XIII. RULES FOR PROPOSALS 7 XIV. PRE-PROPOSAL MEETING 7 XV. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 8 XVI. SUBMITTAL INFORMATION AND DEADLINE 8 XVII. SUBMITTAL REQUIREMENTS 8 XVIII. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION 9 XIX. REVIEW EVALUATION RESULTS AND AWARD 10 XX. PROTEST PROCESS 10 EXHIBIT A - SCOPE OF SERVICES 11 1. DESCRIPTION AND SCOPE OF SERVICES 11 A. IMPLEMENTATION 11 B. PERFORMANCE ON SCHEDULE 12 II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES 13 A. WORK ASSIGNMENT AND SCHEDULE 13 B. ALTERNATIVE FUEL SWEEPING EQUIPMENT 13 C. STREET SWEEPING EQUIPMENT 13 D. STREET SWEEPING SPEED 14 E. QUALITY OF SWEEPING 14 F. GLOBAL POSITIONING SYSTEM (GPS) 15 G. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE 15 H. FUELING OF SWEEPERS 15 1. SPECIAL SWEEPING 15 J. PERFORMANCE DURING INCLEMENT WEATHER 15 K. CONTRACTOR PERSONNEL 15 L. WORKING HOURS 16 M. INSPECTIONS 16 City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping 25rlpme TABLE OF CONTENTS - CONTINUED N. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING 16 STRUCTURES 0. SPECIFICATIONS 16 P. WATER 16 0. DEBRIS DISPOSAL 16 R. SPILLS 17 S. RECORDS 17 T. AFTER-HOUR EMERGENCY SERVICES 17 U. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY 17 V. CONTRACTOR'S OFFICE 18 W. MATERIALS AND EQUIPMENT 18 X. PREVAILING WAGE 18 Y. CUSTOMER SERVICE 18 III. DEFINITIONS 18 IV. TERMS AND CONDITIONS 19 A. TERM 19 B. CONTINUED FUNDING 19 C. COMPENSATION 20 D. INDEPENDENT CONTRACTOR 20 E. INSURANCE 20 F. HOLD HARMLESS INDEMINIFICAITON 21 G. NOTICE 21 H. TERMINATION 22 1. CONTRACTOR OPTION FOR TERMINATION 22 J. LIQUIDATED DAMAGES 23 K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS 23 L. EMPLOYMENT OF DISPLACED CITY OF SANTA ANA WORKFORCE 23 M. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC 23 AWARENESS N. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 23 0. ASSIGNMENT 23 P. JURISDICTION - VENUE 23 Q. FINES 23 EXHIBIT B - PROPOSERS STATEMENT and PROPOSAL ITEM PRICING 24 EXHIBIT C - ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL 25 LIABILITY POLICY EXHIBIT D - OFFERERS REFERENCES 26 EXHIBIT E - PROPOSAL CONTRACT AND AGREEMENT - PROPOSERS 27 STATEMENT EXHIBIT F - PROPOSAL CONTRACT AND AGREEMENT - CERTIFICATION OF 28 NONDISCRIMINATION BY CONTRACTOR EXHIBIT G - RESPONSIBLE PROPOSER - SUPPLEMENTAL QUESTIONNAIRE 30 EXHIBIT H - NON-COLLUSION AFFIDAVIT 33 EXHIBIT I - DETAILED STREET SWEEPING ROUTE MAPS 34 25H-34 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSAL FOR STREET SWEEPING (RFP) 1. INTRODUCTION The City of Santa Ana is issuing this request for proposal (RFP) for the sweeping of approximately 72,000 annual curb miles of City streets on a bi-monthly, weekly or twice-weekly basis in a phased implementation program. The City is seeking proposals for four sweeping service scenarios. The City intends to award a seven (7) year contract, with provision for one, seven-year renewal option based on the contractor performance, for a maximum total of 14 years. The contract shall require 400 annual curb miles of free sweeping 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. In addition, the selected Contractor shall extend offers of employment to any displaced street sweeper equipment operators for a minimum of one year and at a rate commensurate to their last base salary amount as an equipment operator with the City of Santa Ana. This solicitation for services will require 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. Hybrid-electric and dual fuel technologies that use diesel fuel are not considered alternative-fuel technologies for the purposes of Rule 1186.1. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the Agreement, contract term shall be for a period of seven (7) 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 projected contract award date is February 6, 2012 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this Agreement shall have provision for one, seven-year renewal option at the discretion of the City and City Council approval 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. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and contract shall terminate on the last day of current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 25H-35 A proposal deposit in the amount of five-percent (5%) of the total proposed annual contract amount of the proposal Scenario One in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful offerors shall be returned upon award of contract by the City. 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. 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. VI. SCOPE OF WORKISERVICES The scope of work may include any and all work efforts related to the Street Sweeping Services per EXHIBIT A - 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. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The Contractor shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the respondent. 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 informality or technical defect in proposal. E. 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 information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. 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 subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractors. VIII. COORDINATION 25H-36 Coordination by the awarded Contractor with the City, other contractors and agencies will be required to achieve satisfactory and timely delivery of the street sweeping services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and/or state agency boards, and attendance at City Commission, Agency and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the Contractor's direct contact, by the Contractor acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. CONTRACTOR RESPONSIBILITIES The selected Contractor will assume responsibilities for Contractor shall identify a operations and contractual Agreement. sole point of contact with the matters, including payment X. INITIATION/KICK OFF MEETING all services in its proposal. The selected greatest knowledge in regard to sweeping of any and all charges resulting from the 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. XI. CITY BUSINESS LICENSE The selected Proposer shall be required to obtain a City of Santa Ana Business license within 30-days of selection and must provide a copy to the City Projects Manager or designee prior to commencing any work in Santa Ana. XII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum by the issuing office. XIII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Exhibit H). XIV. PRE-PROPOSAL MEETING A mandatory pre-proposal meeting is scheduled for Thursday, December 1, 2011 at the Public Works Agency-Maintenance Services, 220 S. Daisy Avenue M-85, Second Floor, Santa Ana, CA 92703, at 9:00 AM. The meeting will include a detailed discussion of the project, route schedule, posting programs etc. and will be followed by a question and answer session. 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. Contractor Operation/Field Supervisors are highly suggested to attend this meeting. XV. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 25H-37 To facilitate the Request for Proposals (RFP) process, Proposers are required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any Proposer as to the meaning of requirements identified herein, including the Scope of Service and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the Projects Manager no fewer than five calendar days prior to the date set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be sent as promptly as is practicable to all persons to whom the Request for Proposals have been issued by the City. Addenda may become part of the agreement documents. XVI. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, Office of the Executive Director, Public Works Agency Attention: Pedro Guillen, 20 Civic Center Plaza, Ross Annex, 4t" Floor, Santa Ana, CA 92701 on Wednesday, December 21, 2011 at 4:00 p.m. Faxed and E-mail proposals will not be accepted. XVIL SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Each firm must address each of the following items in its response to the RFP. A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 30 PAGES (excluding front and back covers, section dividers and resumes). The page limitation includes all appendixes, attachments and supplemental information. The following information is required: 1. Cover Letter - A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, personnel and history relating to the scope of work identified in Exhibit A. Include project description, year completed, client name, with a contact and their telephone number. The Project Manager/Principal Agent's contact information (e.g. Operation/Field Supervisor) for the proposed work shall be identified and associates in-charge when Project Manager/Principal Agent is absent as well as that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume (if applicable). The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. 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. 4. Submittal of Proposal a. Four (4) copies of the response to the RFP shall be signed by a company official with the power to bind the company. b. One (1) copy of the submittal on a Compact Disc, USB Flash Drive or Equivalent. c. Structure your proposal to include the Scope of Services response, General Time implementation Schedule, Fees/Contract Price and Exhibits. 5. Work History - Exhibit D-Relevant Work History: The Contractor shall submit a list of all agencies, past and present, for whom you have provided work similar to that identified in the RFP (Exhibit A). 6. Proposal Deposit (Bid Bond): Five-percent (5%) of the total proposed annual contract amount of the proposal Scenario One in Exhibit B. B. EXHIBIT B - PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING C. EXHIBIT C - ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY 25H-38 D. EXHIBIT D - RELEVANT WORK HISTORY E. EXHIBIT E - PROPOSAL CONTRACT AND AGREEMENT - PROPOSERS STATEMENT F. EXHIBIT F - PROPOSAL CONTRACT AND AGREEMENT - CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR G. EXHIBIT G - RESPONSIBLE PROPOSER - SUPPLEMENTAL QUESTIONNAIRE H. EXHIBIT H - NON-COLLUSION AFFIDAVIT 1. The proposal must be completely responsive to the RFP. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. XVIII.CONTRACTOR SELECTION - PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: A. Financial Responsibility (Capacity) B. Required Services C. RFP Criteria and Required Submittals - Proposal's compliance with the requirements of this RFP D. Implementation Plan ........................................................................ 30% 1. Phasing Approach/Scope of Services 2. Equipment 3. Employee Training Program 4. Ability to Meet Performance on Schedule E. Company Experience and Reputation - Municipal Experience, or similar, long-term contracts(Quantity/Similar Operation/Scope of Service, References) ........................ 40% F. Fee Schedule (Competiveness/Cost Effectiveness) ....................................... 30% Bonus Points: The City's desire is to have the Contractor explore opportunities including, but not limited to, leasing City Corporate Yard space for office/sweeper fleet, fuel purchase at City Corporate Yard fueling station, purchase of City owned street sweeper fleet, other Contractor proposals. The proposals will be reviewed by a committee of City Staff members, who will then interview all responsive Proposers. The committee will evaluate Proposers based on the Response to RFP, interview and fees, to select the proposal most responsive to the requirements and objectives of Request for Proposals. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee will conduct a final interview the top tier of Proposers and recommend award of the contract to the Proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing. The City will notify the successful firms by mail of invitation for final oral interview and/or award. 25H-39 XIX. REVIEW EVALUATION RESULTS AND AWARD The evaluations will become public record after award. Interested offerors may submit a written request, with a self-addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to City of Santa Ana, Public Works Agency Maintenance Division, 220 S. Daisy Avenue, Santa Ana, CA 92703. XX. PROTEST PROCESS Any protest must be submitted in writing to the Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M-21, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business day following City's notification of intent to award contract. Protester is responsible for ensuring timely delivery of protest. Hand delivered protests must be delivered to the receptionist at the Public Works Receptionist Counter on the 4th floor of the City Hall Ross Annex. The protest shall include a complete statement of the basis for the protest, and shall specify the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party. The person filing the protest shall concurrently transmit a copy of the protest document, and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties include all other proposers who appear to have a reasonable prospect of receiving an award depending on the outcome of the protest. If a timely protest is received, the Executive Director of Public Works, or designee, shall set a hearing within five (5) business days, or as soon thereafter as a hearing may be set. All interested parties may appear and offer testimony at the protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the protesting party to demonstrate that staffs determination of the proposed "best quality service at minimum cost" is arbitrary and capricious or unsupported by substantial evidence in the record. The Executive Director will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. The procedure and time limits set forth in this paragraph are mandatory and are the proposers' sole and exclusive remedy in the event of a protest. Failure to comply with the procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code Claim or legal proceedings. 25H-40 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING EXHIBIT A - SCOPE OF SERVICES 1. DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this request for proposal (RFP) for the sweeping of up to approximately 72,000 annual curb miles of City streets on a bi-monthly, weekly or twice-weekly basis. The City is seeking proposals for four sweeping service scenarios. A. IMPLEMENTATION The contract will involve four (4) scenarios, with scenarios Two, Three and Four utilizing a three (3) phase implementation. Scenario One will include sweeping of all residential streets only, with an option for future additional remaining sweeping services in year four of the contract. Scenarios Two, Three and Four will include residential sweeping in the first phase, followed by arterial sweeping in the second phase and concluding with Industrials, Downtown and Alley sweeping in phase three. In addition to street sweeping services, sweeping of City owned surface parking lots may be requested. 2. The sweeping operations shall be implemented utilizing a phased approach in which contract staff will assume incremental responsibility of sweeping areas of the City. Each phase will be implemented in three-month sequences or as determined appropriate by the City based on contractor performance. The City's desire is to complete the full sweeping program implementation within nine-months from award to Contractor. 3. City staff shall have to right to modify, reduce or delete the amount of sweeping, schedules, routes, frequency, phases, standards and days of sweeping with prior notice to Contractor. 4. The term of the contract is a seven (7) year contract, with a possibility for one additional, seven- year renewal option at the discretion of the City; a maximum total of 14 years. Phase ROUTE TYPE CURB MILES FREQUENCY DAILY ROUTES TOTAL ANNUAL CURB MILES 1 Residential 647 Weekly 7 33,660 * Arterials 214 2 x Week 22,300 SCENARIO * Raised and Non-Raised Center Medians 215 2 x Month 26 Sweeps) CITY STAFF _ 5,577 ONE * Industrials 59 2 x Month 26 Sweeps) CONTRACT OPTION IN 1,539 * Downtown 11 Nightly YEAR FOUR 4,100 * Alleys 92 Weekly 4,789 Total Curb Mileage 71,965 *Scenario One will include contract sweeping for residential only. There will be an option for contract sweeping of the remaining sweeping routes in year four of the contract. 25H-41 DAILY TOTAL ANNUAL Phase ROUTE TYPE CURB MILES FREQUENCY ROUTES CURB MILES 1 Residential 647 Weekly 33,660 2 Arterials 214 2 x Week 22,300 3 Raised and Non-Raised 2 x Month SCENARIO Center Medians 215 26 Sweeps) 7 5,577 TWO 2 x Month 3 Industrials 59 26 Sweeps) 1,539 3 Downtown 11 Nightly 4,100 3 Alleys 92 Weekly 4,789 Total Curb Mileage 71,965 Phase ROUTE TYPE CURB MILES FREQUENCY DAILY ROUTES TOTAL ANNUAL CURB MILES 1 Residential 647 Weekly 33,660 2 Arterials 214 1 X Week 11,150 SCENARIO THREE 3 Raised and Non-Raised Center Medians 215 1 x Month 7 2,574 3 Industrials 59 1 x Month 710 3 Downtown 11 5 x Week 2,900 3 Alle s 92 2 x Month 2,392 Total Curb Mileage 53,386 DAILY TOTAL ANNUAL Phase ROUTE TYPE CURB MILES FREQUENCY ROUTES CURB MILES 1 2 x Month Residential 647 24 Sweeps) 15,535 2 2 x Month SCENARIO Arterials 214 26 Sweeps) 5,575 FOUR 3 Raised and Non-Raised 7 Center Medians 215 1 x Month 2,574 3 Industrials 59 1 x Month 710 3 Downtown 11 3 x Week 1,750 3 Alleys 92 2 x Month 2,208 Total Curb Mileage 28,352 B. 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. Exhibit A - Next Page 25H-42 II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES A. WORK ASSIGNMENTS AND SCHEDULE The Contractor shall be provided weekly route schedules by the City (Exhibit 1). 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, 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. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Street sweeping shall be scheduled for all regular holidays and rainy days, unless otherwise indicated by the City. The designated Contractor holidays for this contract shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. B. 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. C. 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 an Elgin Broom Sweeper, Tymco 600, Schwarze model A8000 or similar model with equal pick up abilities with dual putter brooms. Vacuum sweepers may be considered. c. Be no more than seven (7) years in age at any period during the contract. d. Be able to deposit hopper debris in 3-yard bins or larger (washout, cleaning, dumping of hopper on streets will not be allowed). e. Be maintained in top-class running condition including arriving clean for each daily schedule. f. The Contractor shall provide a relief sweeper 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, expiration date and a recent California DMV record for each driver. Exhibit A - Next Page 25H-43 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. 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. D. 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 information and reports generated by the GPS tracking system. 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 one eighteenth for each day that sweeping is recorded in excess of 8 miles per hour over a total of one hour per day. E. QUALITY OF SWEEPING The quality of sweeping shall be to the satisfaction of the Public Works Agency Executive Director or designee. 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 that will result in clean streets with no debris trails left behind. 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 so as 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: (a) Sweeping speed shall be adjusted to street conditions with a maximum speed of eight (8) miles per hour; and (b) patterned concrete medians, intersections, and crosswalks shall be swept at a maximum speed of three (3) miles per hour. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City to ensure the highest sweeping quality. 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. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line. Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property. Exhibit A - Next Page 25H-44 F. GLOBAL POSITIONING SYSTEM (GPS) The Contractor shall provide all street sweepers used in the City with a GPS that enables the monitoring location of the contract sweepers at all times via computer. This system will also monitor the day-to-day operation of the sweepers, location of sweeper, including streets swept, curb miles swept, brooms up or down, and the direction and speed of travel. The City and Contractor shall be enabled to view this information via computer at all times. GPS reports shall be available at the request of the City. G. 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 two-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. H. 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. 1. 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. J. 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 his/her work force in order to accomplish those activities that are not affected 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. K. CONTRACTOR PERSONNEL A list identifying the names of all Contractor street sweeping equipment operators shall be provided to the City Projects Manager or designee. All Contractor personnel operating sweeping equipment shall be required to be licensed to operate such sweeper and remain in good standing with the California Department of Motor Vehicles. Exhibit A - Next Page 25H-45 L. 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. M. 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. N. PROTECTION OF THE PUBLIC AND 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. 0. 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. P. WATER The Contractor will be provided access to City fire hydrants to utilize when filling sweepers. The City will provide information and demonstrate how to properly utilize fire hydrant connections. Q. DEBRIS DISPOSAL Disposal of sweeping debris at the City Corporation Yard and at City designated debris exchange zones will be permitted. 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. Exhibit A - Next Page 25H-46 R. 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. S. 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. T. 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 of Santa Ana. 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 six-occurrences per year. U. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY 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. Exhibit A - Next Page 25H-47 V. 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. The on-site storage of equipment used exclusively for providing service within the City will be permitted. Contractor will have full responsibility for maintaining an office and a yard. The City highly encourages the Contractor to explore possibilities of leasing space at the City Corporate Yard for office and sweeper fleet storage. W. MATERIALS AND EQUIPMENT The contractor shall make all reasonable effort to purchase equipment and materials in the City of Santa Ana 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. X. PREVAILING WAGE Prevailing wage will not be required for this contract. Y. 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. III. DEFINITIONS 1. Curb Mile - measurement of curbing of streets and medians and equal to 5,280 linear feet. 2. 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. 3. Curb-to-Curb - area within the curb limits of the street including medians, intersections and street ends. 4. Contractor Holidays - New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 5. Inclement Weather - weather conditions that prohibit the effective operation of sweeping operations. 6. Debris - litter, rubbish, leaves, sand, debris trail, dirt, garbage, and other foreign material. 7. Street - all paved dedicated public rights-of-way within the existing or future City limits. Exhibit A - Next Page 25H-48 8. 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. 9. Sweeper - Sweeping machine. 10. Swept Clean - means minimal debris residual or tailings. 11. 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. 12. 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. IV. TERMS AND CONDITIONS A. TERM The term of this Contract shall commence February 1, 2012 and terminate December 31, 2019, unless earlier terminated as set forth in Section H, below. City is granted an option to renew up to one additional seven-year period. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding in not allocated for street sweeping services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION 1. City agrees to pay and Contractor agrees to accept as total payment for its services, the rates and charges set forth in Contractor's Proposal, attached hereto and incorporated by reference. The annual amount to be expended for street sweeping services shall not exceed annually, during the term of this Agreement. 2. Invoices a. The Contractor shall submit a monthly invoice by the 15t' 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 2003 format or newer, or other format approved by the City Projects Manager or designee. C. 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) 3. 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. Exhibit A - Next Page 25H-49 4. Adjustments to Charges The parties may agree to an annual adjustment of street sweeping charges (not to exceed 2%) at the end of the first year of the agreement and every year thereafter, utilizing the month of December statistics and supporting documentation. 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-Anaheim-Riverside 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. 5. 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. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this Contract, be construed to be an independent contractor and not an employee of the City. This Contract 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 manner in which Contractor performs the services required by this Contract. However, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. E. INSURANCE Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit C. 1. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. 2. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Contract, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Exhibit A - Next Page 25H-50 4. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. b. Certificates of insurance shall be furnished to the City upon execution of this Contract and shall be approved in form by the City Attorney. c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 5. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Contract. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. G. NOTICE Any notice, tender, demand, delivery or other communication pursuant to th writing and shall be deemed to be properly given if delivered in person or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 Exhibit A - Next Page is Contract shall be in mailed by first class or communication to the 25H-51 With courtesy copy to: Pedro Guillen, Projects Manager Public Works Agency, Maintenance Services Division City of Santa Ana, P.O. Box 1988 Santa Ana, CA, 92702 Fax 714-647-3345 H. TERMINATION The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause. 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. 2. This agreement may be terminated without cause by City upon ninety (90) 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. 3. 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. 1. CONTRACTOR OPTION FOR TERMINATION 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 thirty (30) working days to cure the alleged breach. Exhibit A - Next Page 25H-52 J. LIQUIDATED DAMAGES If the City determines that the Contractor breaches its promise to provide street sweeping services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of Contractor's breach, Contractor shall pay to City the sum of $265.00 per hour per occurrence for such breach, in addition to any cost, fines, etc. levied against the City. K. 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. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE The Contractor shall extend offers of employment to any displaced City of Santa Ana street sweeper equipment operators for a minimum of one year and at a rate commensurate to their last base salary amount as an equipment operator with the City of Santa Ana. The number of employees and base rate will be provided at the mandatory pre-proposal meeting. Such effort and procedure will be provided to the City for review. M. 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. N. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. 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. 2. 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. 0. ASSIGNMENT Inasmuch as this Contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. P. JURISDICTION -VENUE This Contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this Contract 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 Contract. Q. 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. Exhibit A - Next Page 25H-53 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING PROPOSERS STATEMENT and PROPOSAL ITEM PRICING EXHIBIT B Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. 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 Item Price - Pricing shall be based on a curb mile cost as described in Exhibit A. 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. SCENARIO ONE A. $ _per Curb Mile x 33,660 Curb Miles (RESIDENTIAL ONLY) _ $ TOTAL for SCENARIO ONE - A Spelled Out: B. $ per Curb Mile x 38,305 Curb Miles (ALL OTHER ROUTES IN YEAR FOUR= $ TOTAL for SCENARIO ONE - B Spelled Out: TOTAL for SCENARIO ONE (A + B): Spelled Out: *Price for SPECIAL SWEEPING (SWEEPS): $ per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of Free Sweeping or Scheduled Sweeping ) SCENARIO TWO $ _per Curb Mile x 71,965 Curb Miles = $ TOTAL for SCENARIO TWO Spelled Out: *Price for SPECIAL SWEEPING (SWEEPS): $ per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of Free Sweeping or Scheduled Sweeping ) SCENARIO THREE $ per Curb Mile x 53,386 Curb Miles = $ TOTAL for SCENARIO THREE Spelled Out: *Price for SPECIAL SWEEPING (SWEEPS): $ per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of No Cost Sweeping or Scheduled Swee ping) SCENARIO FOUR $ per Curb Mile x 28,352 Curb Miles = $ TOTAL for SCENARIO FOUR Spelled Out: *Price for SPECIAL SWEEPING (SWEEPS): $ per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of No Cost Sweeping or Scheduled Sweep ing) 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 (IFAPPICABLE) CONTRACTOR LICENSE NUMBER (IFAPPICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE 25H-54 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative EXHIBIT C 25H-55 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if re uired. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Customer Nam Address: Contract Amount: Reference No. I Contact Individual: Phone Number: Facsimile Number: Year: Description of supplies, equipment, or services provided: Customer Name: Address: Contract Amount: Reference No. 2 Contact Individual: Phone Number: Facsimile Number: Year: Description of supplies, equipment, or services provided: Customer Name: Address: Contract Amount: Reference No. 3 Contact Individual: Phone Number: Facsimile Number: Year: Description of supplies, equipment, or services provided: EXHIBIT D TO BE INCLUDED IN PROPOSAL PACKAGE 25H-56 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between PROPOSER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Administrative Services Manager or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to PROPOSER or deposited with the United States Postal Service properly addressed to the PROPOSER with the correct postage affixed thereto. PROPOSER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and AGENCY's legal holidays), or the funds, check, draft, or PROPOSER'S bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check drafts, or PROPOSER'S bond substituted in lieu thereof shall be returned to the undersigned. PROPOSER understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT E 25H-57 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor 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 Contractor 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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he 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 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor 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 Contractor 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. 6. In the event of the Contractor'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 contractor 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. 7. The Contractor 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, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. EXHIBIT F 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, 25H-58 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 Contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Firm Signed and Printed Name: Title Date TO BE INCLUDED IN PROPOSAL EXHIBIT F 25H-59 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING 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? 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 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. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT G 25H-60 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 number, the crimes and the year convicted. 25H-61 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. 25H-62 EXHIBIT H CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING NON-COLLUSION AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, 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 bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid 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 bid. 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. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California 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 TO BE INCLUDED IN PROPOSAL PACKAGE 25H-63 EXHIBIT I CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING STREET SWEEPING ROUTE MAPS FOR REFERENCE - SEE SEPARATE EXHIBIT I.a AND EXHIBIT I.b 25H-64 REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on December 16, 2011 The referenced document has been modified and will be as Amendment No. 1. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Pedro Guillen, email pquillent*santa- anasorn. EXHIBIT A- SCOPE OF SERVICES, PAGE 23 IV. TERMS AND CONDITIONS L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE The Contractor shall extend offers of employment to any displaced City of Santa Ana street sweeper equipment operators for a minimum of one year and at a rate commensurate to their last base salary amount as an equipment operator with the City of Santa Ana_ Thereafter, the Contractor may nav according to the Contractor normal pay structure. Contractor costs should be amortized over the seven year contract period. Therefore, the resulting number of lob offers extended to displaced equipment operators for one year at their last base salary amount may be substantially reduced. The actual nurnher of adjustment will be made thru negotiation to account for the changes. Such effort and procedure will be provided to the City for review. _411 other provisions of the invitation of this proposal stall reneant in their eretirett'. T endors hereby acknowledge receipt ated understanding of the abo»e _ mendneent Company Name Printed Name of Signer Signature Date Title Address City of Santa Ana Public Works Ages Request for Proposals for Street Sweeping Page 23 25H-65 REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on December 16, 2011 The referenced document has been modified and will be as Amendment No. 1. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Pedro Guillen, email pquillent*santa- anaora. EXHIBIT A - SCOPE OF SERVICES, PAGE 23 IV. TERMS AND CONDITIONS L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE The Contractor shall extend offers of employment to any displaced City of Santa Ana street sweeper equipment operators for a minimum of one year and at a rate commensurate to their last base salary amount as an equipment operator with the City of Santa Ana. Thereafter, the Contractor may pav according to the Contractor normal pay structure. Contractor costs should be amortized over the seven year contract period. Therefore, the resulting number of lob offers extended to displaced equipment operators for one near at their last base salary amount may be substantially reduced. The actual number of be provided to the City for review. to account for the changes. Such effort and _411 other prm-isions of the invitations of /Iris proposal shall remains in their endrerc. T endors hereby acknnmsledge receipt and understanding of the abore.4inendinent. Company Name Printed Name of Signer Address Signature Date Title City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Page 23 25H-66 REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES s ' CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on December 20, 2011 The referenced document has been modified and will serve as Amendment No. 3. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Pedro Guillen, email pwillepQsantarana.org. "RFP - Paste 9 XVlli. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: A. Financial Responsibility (Capacity) B. Required Services C. RFP Criteria and Required Submittals - Proposal's compliance with the requirements of this RFP D. Implementation Plan ................................................... _..................... 30% 1. Phasing Approach/Scope of Services 2. Equipment 3. Employee Training Program 4. Ability to Meet Performance on Schedule E. Company Experience and Reputation - Municipal Experience, or similar, long-term aontracis(QuantitylSimiar Operation/Scope of Service, References) ............................ . ................... 40% F. Fee Schedule (CompetivenesslCost Effectiveness) ................ ................. 30% Bonus Points: The City's desire is to have the Contractor explore opportunities including, but not limited to, leasing City Corporate Yard space for office/sweeper fleet, fuel purchase at City Corporate Yard fueling station, purchase of City owned street sweeper fleet, other Contractor proposals. The provided City sweeper fleet auction estimates, *Purchase and lease pricing shall be negotiated separately, individually and apart from the street sweeping contract. Pricing proposals for fleet, fuel and lease rates should not be included into curb mile pricing rates. Please refer to the Email delivered on Friday, December 16, 2011 at 3:26 PM (attached page) for fleet, fuel and lease rate information. AN other provisions of the invitation of this proposal shall remain in their endrery. VetWors hereby acknowledge receipt aixi understanding of the above Amendment. Company Name Printed Name of Signer Signature Date Title Address City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Page 9 25H-67 REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on December 20, 2011 The referenced document has been modified and will serve as Amendment No. 4. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby [Wade part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Pedro Guiflen, email pwiller@santa-ana.oro. RFP - Paae 13 and 16. Sections II.C.1.b and C.1.d 11. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES C. STREET SWEEPING EQUIPMENT 1. The street sweeper or any relief sweeper used to perform this contract work shall: b. Be a standard full size motorized sweeper equal to or larger than an Elgin Broom Sweeper, Schwarze model A8000 or similar model with equal pick up abilities with dual gutter brooms. Vacuum sweepers may be considered. d. Be able to deposit hopper debris in 3-yard bins or larger (washout, cleaning, dumping of hopper on streets will not be allowed) and ability to have a variable hopper dump height which allows dumping into various size and type containers. RFP - Page and 16, Sections II.Q Q. DEBRIS DISPOSAL sNal, R@4 1;@ p@FR;i Disposal of sweeping debris is required at designated debris exchange zones. In compliance with Santa Ana Municipal Code Section 18-155. ohsposah or any nqura, semisolid or solid substance, The Contractor will be responsible for collection of incidental debris around trash contwlerlbin resulting from disposal exchange within two-hours after exchange. Coordination will be made by the City Projects Manager or designee. "Please refer Santa Ana Municipal Code Section 18-155 for further information (attached). AN other provisions of the inviravon of this proposal shall remain in their entirety. Vendors hereby acknowledge receipt and undersranding of the above Arnendmenr. Company Name Printed Name of Signer Signature Date Title Address City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Page 13 and 16 25H-68 s=. City of Santa Ana (D Response to Request for Proposals for Street Sweeping Services Athens Services P. O. Box 60009 City of Industry, CA 91716 (626) 336-3636 Gary M. Clifford Chief Operating Officer December 21, 2011 25H-69 Section One ............ Ca Section Two Fir Section Three Fir Section Four Sa Section Five Ex Front pocket of binder marked "Original" Pr( Front pocket of binder marked "Original" ............ Si€ ver Letter m and Personnel Experience uncial Responsibility )pe of Services Response Phasing Approach Implementation Plan • Equipment Employee Training Program Ability to meet Performance on Schedule Bonus Points hibits 1posal Deposit - Bid Bond Ded Addendums 25H-70 Amens Services, 74 ?1 Waste Collection • Recycling • Transfer • Disposal • Sheet Sweeping December 21, 2011 City of Santa Ana Office of the Executive Director Public Works Agency Attn: Pedro Guillen 20 Civic Center Plaza, Ross Annex, 4`h Floor Santa Ana, CA 92701 Dear Mr. Guillen: Arakelian Enterprises, Inc., dba Athens Services, is pleased to submit this proposal to provide city wide street sweeping services in the City of Santa Ana. We recognize that the City of Santa Ana expects a high level of quality service and we are the premier service provider that is ready, willing and able to perform the services described in our proposal. We are forward thinking and we embrace high standards and creativity. Athens has carefully examined the specifications and instructions and all other information furnished and inspected the sites of the proposed work. Athens Services is a fourth generation, family owned, and locally operated solid waste collection, processing, and street sweeping company operating in the greater Southern California region for over fifty years. Some of the key features and benefits of choosing Athens Services are: ? Full Partnership - We will acquire the City's equipment, lease the City's yard and facilities, fuel our equipment at the City's facility, and offer the City's employees positions with our company! ? Experience - We have been providing Street Sweeping services since 1987. Our first client was the City of Temple City and we still service them today! Athens Services has a proven track record implementing the transition from municipal services to contracted services. ? Lowest Cost - Our computerized routing software and other modern technologies allow us to produce the most efficient results at the lowest possible costs. ? Maximum Public Safety - We have fleet maintenance and safety programs that are often used as industry examples of how a fleet should be run. Our employees are trained by retired law enforcement officials on the elements of neighborhood watch and safety while driving and have the ability to report any suspicious activity they see while on route. ? Customer Service - Our phones are answered LIVE from 7:00 a.m. to 5:00 p.m. on weekdays and 7:00 a.m. to Noon on Saturdays with 175-language capabilities to assure that customer's concerns are addressed immediately, reducing the calls to City Hall! ? Most Advanced Technology - Our GPS tracking systems along with our AS400 computer system and other advanced technologies put us on the cutting edge of efficiency to deliver to you the best possible service! 25H-71 ? Recycling Experts - As an integral part of our company, we operate recycling facilities (MRF's) and the only Southern California compost facility so we fully understand the City's concern for the impact of street sweeping debris and will work hard to maximize diversion! ? Public Awareness Experts - We produce and publish materials to publicize the importance of Street Sweeping and post City sweeping schedules on our website for easy consumer access! ? Fast Response - We utilize Nextel Direct to produce quick communication with the field and you will also have the cell phone numbers of Key Management Personnel! Athens Services understands the sensitivity of municipal transitions. We pride ourselves on municipal employee opportunities and senior management is directly involved in this transition. We continue to be the fastest growing sweeping company in Southern California and we will quickly show you how our tremendous capabilities coupled with our genuine interest in your community will create the synergy necessary to achieve a big "win-win." On behalf of the dedicated Athens employees, we thank you for your consideration. Respectfully Submitted, Gary M Clifford Chief Operating Officer 25H-72 Athens Services has been providing street sweeping services for over 24 years. Our experience in street sweeping began in 1987 in the City of Temple City, a contract that we still service today. Since that time, we have added more cities because we clearly understand how to deliver high quality street sweeping services. Currently, 23 municipalities in Southern California have made the decision to have their street sweeping services managed by Athens Services and they are glad they did. Most of these contracts are long-term agreements demonstrating that the jurisdictions want us to continue to provide high quality, cost effective service! Athens provides sweeping services with a large fleet of CNG and Propane powered vehicles located at several of our operational properties, including Sun Valley, Montebello, City of Industry, Irwindale, Riverside, and of course, in Orange County. As an overview, we currently have service agreements for street sweeping with the municipalities listed on the page that follows. Following the overview are a few letters of reference for your convenience. All of these are ONGOING service contracts and we have NEVER had a contract terminated. Detailed information regarding the contact persons is located in Section Five, Exhibit D. 25H-73 ® $ Ash '0 1 'I AG RAILLS ? ' IRWINDALE' Ago.ira Hills Azusa Covina Glendora Hermosa Beach Irwindale c•t t o, 6f. t; Manhattan 3each Mission Viejo Monrovia Monterey Park Newport Beach Placentia QD / rA a Fcmor< Rosemead Rowland Heights San Marino San Fernando San Gabriel ? j V f •???? m Ct11Rp? ? ' Sierra Madre South El Monte South Pasadena Temple City Villa Park 25H-74 CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT Mark Harrison. Director September 1, 2010 To Whom It Mav Concern On April 27, 2010, the Newport Beach City Council approved a 10-year agreement with Arakelian Enterprises (dba Athens Services) to provide city- wide street sweeping services. Prior to this agreement, City staff and equipment provided street sweeping for our community. The contracting out of this service to Athens has resulted in a significant reduction in personnel and equipment costs. To provide for a smooth transition from City to contractor provided service, we decided on a phased approach rather than a city-wide start date. The City's sweeper routes were divided into five sections, with Athens to start a new section every three to four months depending on their performance in each area. The contract also allows Athens to park and fuel their CNG clean air powered sweepers at the City Corporation Yard. To date, we are ahead of schedule in phasing in the different sections of the City due to a smooth transition and the good work by the Athens sweeping crew. The change to a private contractor has gone relatively unnoticed by our residents. The routes have been completed in a professional, timely manner with new equipment that is kept clean and well maintained. We anticipate a continued positive working relationship as we move forward on transitioning the remaining sections of the City to Athens sweepers. Please feel free to call me at (949) 644-3055 if you have any questions. Sincerely,/' r Mark Harmon, Director General Services Department 3300 Newport Boulevard [lost Oflicc Box 1768 • Newport Brach, California 9265£; 891:5 Telephone: (949) 644 3055 • Fax (949) 650-0747 wn.rity.nc?ti??ort beach.ca.us 25H-75 Mayor JOSEPH V. AGUIRRE City AdmMistrator TROY L. BUTZLAFF, ICMA-cm Ief Awt GMp en Aronw - PAmentS, COMM& #2M To Whom It May Concern: Counciimembera: SCOTT W. NELSON CONSTANCE UNDERHILL GREG SOWARDS JEREMY B. YAMAGUCHI This letter is to provide reference information for Athens Services. The City of Placentia switched from an in-house street sweeping operation to contract street sweeping services provided by Athens Services in September of 2009. We have found Athens Services to consistently perform their duties with the utmost of professionalism. Every step of the transition has been smooth and effective. From route planning to customer service we are overwhelmingly pleased with the performance of Athens staff and equipment. It is without reservation that I am able to say, "Athens Services has clearly exceeded our expectations in their performance of street sweeping services for the City of Placentia." Sincerely, Steve Drinovsky Director of Public Works City of Placentia City of Placentia, Department of Public Works and F.ngincering (714) 993-8131 Cj Rxyded Paper 25H-76 r" Poor& alb tM C/ty Q"`qty __ of Villa Park 17855 Santiago Boulevard, Villa York, California 92861-418 7 t?14) 998-1500 - Fax. (,14) 998-1508 To Whom It May Concern: n,r%r. villapark. org A few months ago, the City of Villa Park switched over to Athens Services for the City's new street sweeping contract. Immediately within those past few months, the City has been pleased with the high level of service and personal attention that Athens Services has provided. Even the City's residents have called in or stopped by City Hall to express their appreciation of the wonderful job Athens Service has been doing. In the years I have worked at the City of Villa Park, such appreciation from the residents is rare especially for services that most residents would take for granted. This positive resident feedback is a first-hand testimony to Athens' commitment to go above and beyond the minimum requirements. Furthermore, it is worthy to note that Athens Services consistently follows up with the City to make sure that the City and its residents are satisfied with the street sweeping services. The staff at Athens Services has shown their willingness to accept feedback and to react accordingly. From the City's perspective, we have been more than satisfied by the level of street sweeping services that Athens Services has provided. I have no reservations in recommending Athens to other local governments for their street sweeping needs. Sincerely, CITY OF V4LA PARK., J" Hildenbrand Assistant City Manager / City Clerk W. BILL MAC: ALONL-Y, Mayor - W. RICHARD ULMER. Mayor Pro Tem DEBORAH PAUL Y. Councilmember - BRAD RF.ESF. Councilmember - JIM RHEINS. Councilmember 25H-77 CITY OF GLENDORA urY IIALL (626) 914-8201 OVVICE OF THE CITY MANAGER To Whom It May Concern- 116 Last F(x)thill 131vd., Glendora, Calitornia 91.41 FAX (626) 914-8221 city manager@?ci.glendora ca. us The City of Glendora has contracted with Athens Services since December 1, 2006 f'or street sweeping services. They have operated this service with the same high level of professional and customer service standards that they arc known for with their solid waste services. Our streets are cleaned on a regular schedule and we receive substantially less complaints now than when we did the service with our own crews. Additionally, the savings from contracting with Athens has been remarkable for our financial bottom line. Their management team is very responsive and they are willing to work with us on any issues or suggestions that we may have. 1 would recommend any city considering contracting out street sweeping or seeking bids to give the strongest consideration to Athens Services' proposal. I am sure you will not be disappointed in a decision to bring Athens Services on board. If you should have any questions, please feel free to call me at (626) 914-8201. Sincerely. (Y ;0? Chris Jeffers City Manager PRIDE OF THE FOOTHILLS 25H-78 "lr4ti City of Manhattan Beach Public Works Department Phone: (310) 802-5300 sA FAX: (310) 802-5301 TDD: (310) 546-3501 November 8, 2011 To Whom It Mav Concern, Athens Services has been providing street sweeping services to the City of Manhattan Beach since September 1, 2011. Although they have only been servicing the Cite for a short time. I have been impressed with the smooth roll out and attention to customer service. Typically, the first few weeks of new contract implementation can be a chaotic and confusing affair. I was pleasantly surprised by the amount of work put in ahead of time by Athens Services to ensure a smooth service transition. Our current contract has stipulations requiring that all debris be weighed at the time of diversion, including monthly reports and weight tickets. Additionally, there are stringent inspection and reporting requirements for any issues encountered on the streets or parking lots included within the scope of the current contract. Athens Services regularly reports low hanging branches from noncompliant trees. broken curbs, missing or damaged bumper stops. and graffiti within our parking facilities. These reports assist us in reducing our liability exposure and help ensure we deliver quality services to our residents Arty customer issues that have arisen, real or perceived, have been dealt with the same day, usualh, within the hour. The field supervisors assigned to our municipality will follow up face to face with our residents possible. with follow up phone calls to assure the issue has been resolved to the residents' expectations. Though their tenure with the City of Manhattan Beach has been limited, 1 have been very satisfied with the level of service and attention to detail they have provided to date. Please contact me directly if you wish to discuss any matters involving street sweeping in Manhattan Beach. Rs c rice Mam nance Superintendent City Yard Address: 3621 Bell Avenue. Manhattan Beach. CA 90266 Visit the Cite of Manhattan Beach web site at Nv-ww.cit},mb.info 25H-79 MAYOR: GARY TAYLOR MAYOR PRO TEM STEVEN tY COUNCIL MEMBERS: SANDRA ARMENTA MARGARET CLARK POLLY LOW March 23, 2011 To Whom It May Concern, i cy Rosemead 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 Last year, the City of Rosemead approved a 5-year agreement with Athens Services to provide citywide street sweeping services. Since starting these services, the City has been very satisfied with the quality of these services as well as the professionalism demonstrated by Athens' team and approach to working in the community. As part of the agreement, Athens sweeps residential areas on a weekly basis and commercial areas twice weekly. Athens also utilizes clean fuel equipment in street sweeping services, helping to meet air quality requirements and also demonstrate the City's commitment to environmental responsibility. During its tenure in Rosemead, Athens has also been a strong community partner, participating in the City's annual Public Works Week events, City special events, and local community affairs. It should be noted that Athens also provides extremely competitive rates for street sweeping services. These rates have resulted in significant savings in operations and maintenance costs for the City. The City looks forward to a long-lasting, productive working relationship with Athens Services. I would strongly recommend them for street sweeping services. Please feel free to contact me at (626) 569-2118, if I can be of further assistance. Sincerely, CHRIS MARCARELLO Director of Public Works City of Rosemead 25H-80 ?R. Athens Services 151745 Salt Lake Ave PO BOX 60009 City of Industry CA 9 716 To Whom it May Concern It gives me great pleasure to recommend Athens Services to any company or public agency The City of San Gabrtel has worked with Athens Services for many years for trash services and now for the past year we have worked with their Street Sweeping Division In that time they have exceeded our expectations and proven that our move to venture with a new contractor for Our street sweeping needs was well worth the change On many occasions we have contacted our Athens Representative Cesar Ortiz to assist us in cleaning city streets and;or areas that were not due for normal routine service that day on each occasion Athens Services was able to accommodate our request within a more than reasonable bmeframe Furthermore the customer service attention we receive from our representative and up the Chain of command to a corporate level is outstanding Athens Services as a whole maintains a high degree of involvement and has effectively incorporated themselves as part of the City team i recommend Athens Services with enthusiasm and when given the opportunity would recommend them to any person or entity Should you require any further information please do not hesitate to contact our Public Works Office Sincerely Bon Bustos Interim Pubbc Works Drrectoi 25H-81 RE: Letter of Recommendation To Whom It May Concern: It is with pleasure I write this letter of recommendation for Athens Services. Athens Services has provided outstanding street sweeping services for the past 6 years. Furthermore, Athens was instrumental in a seamless transition from bi-weekly to weekly street sweeping. In order to execute this change, there were various proposals considered that required significant logistical analysis, so the changes in place would have minimal impact on our residents' parking convenience. We signed residential streets and created a partnership between our Police Department and Athens' to ensure consistency in this politically sensitive transition Athens is responsive and provides timely resolutions to resident complaints and special request from the City. If you have any questions, feel free to contact me at 626-812-5248. Thank you. 1 Tito Haes Public Works Director/Assistant City Manager 25H-82 Athens Services 24 hour Management Team Contact Information Name Title ---------- ---- _________ Phone Q) Ro1e__. (2)_Experience------------------------------------ ----------- Gary M. Chief (626) 934- (1) Provide executive sponsorship, provide capital, Clifford Operating 4619 ensure all goals are met. Officer He is the Management Contact for RFP follow- up questions and scheduling of interviews. (2) Three years of experience. - ----------------------- Greg --------------------------- Chief ------------------------------ (626) 855- ---------------------- ------------------------------------------------------------------------- (1) Provides financial documents, oversees costing Huntington Financial 1245 and pricing. Officer (2) Five years of experience. -------------------------- William --- ------ General ------------------------------ (626) 934- ---------------------------------------------------------------------------------------------------------- (1) General Manager and is responsible for the Wilson Manager 4696 service to the City. He is the Proiect Manager and is the day-to-day manager responsible for execution of excellent service. (2) Ten years of experience -------------------------- Baltazar - -------- Operations ------------------------------ (626) 934- ------------------------------------------------------------------------------------------------------------ (1) Responsible for the day-to-day operations. He Oronoz Manager 4629 will make sure that our service exceeds the City's expectations. His time commitment will be significant and his responsibilities include management of the drivers, City Staff contacts & meetings, analysis of data from the vehicles, and follow up street surveys to make sure our work is the highest quality. (2) Seven years of experience. -------------------------- Tommy ------------------ Director of ------------------------------ (626) ------------------------------------------------------------------------------------------------------------ (1) Works with City Staff to produce and distribute Ouzoonian Gov't Affairs 934-4664 public education and awareness programs and assure contract compliance. Works with residents, businesses, and the Chamber of Commerce. (2)Eighteen years of experience. -------------------------- Evelyn - ------------ Customer ------------------------------ (626) 934- ------------------------------------------------------------------------------------------------------------ (1) Manages the Customer Service Department to Cornejo Service 4606 assure that every call is handled to the customer's Manager satisfaction. (2) Ten years of experience. 25H-83 GARY M. CLIFFORD CHIEF OPERATING OFFICER CURRENT RESPONSIBILITIES Responsible for all of the municipal franchise operating divisions including collection, transfer, recycling, street sweeping, and disposal services, including our operations in the Inland Empire from our Riverside facility. Directs the day to day operations, customer service, sales, and equipment maintenance areas. As the Chief Operating Officer, he oversees the company business strategies and development of new business opportunities along with compliance of all existing contracts and ventures and responsible for numerous hauling and street sweeping operations. EXPERIENCE Extensive senior management experience and leadership including researching, evaluating, capital project management, negotiating, and resolving complex managerial projects. His background includes many years spent with Warner Media Services, a division of AOL/Time Warner, and also as an Instructor at Azusa Pacific University, School of Business and Management. Additionally, he has over 16 years of experience working with state and local government, including development of public policy and procedure. He has worked with a broad array of public officials at state, local, and federal levels and has developed key relationships. EDUCATION Master of Arts Degree (MAOM) in Organizational Management, Azusa Pacific University Bachelor of Science Degree (BS) in Applied Management, Azusa Pacific University. WILLIAM WILSON GENERAL MANAGER CURRENT RESPONSIBILITIES As the General Manager, he has day to day operational responsibility for the division comprised of a fleet of over 150 vehicles and 250 employees. Duties include oversight of all services, safety, customer service, and facility management. He manages our Street Sweeping fleets in the Inland Empire, the San Gabriel Valley and Orange County. EXPERIENCE A seasoned transportation industry leader with over 20 years experience who possesses excellent leadership, organizational, and project management skills. He has over 15 years of experience executing successful municipal contract transitions and has worked with both City governments and the Federal government. EDUCATION MBA- Pepperdine University BA-Political Science - University Of California Riverside 25H-84 TOMMY OUZOONIAN DIRECTOR OF GOVERNMENTAL AFFAIRS CURRENT RESPONSIBILITIES Responsible for developing new and enhancing existing relationships with local municipalities in regard to Street Sweeping. In recent years his experience includes developing the company's successful responses to RFP's for the Cities of Newport Beach, Agoura Hills, Mission Viejo, Placentia, San Marino, Azusa, Covina, San Gabriel, Monterey Park, Pomona, and others. Additionally, he works closely with chambers of commerce, colleges and school districts, and various business and community leaders. EXPERIENCE Over 18 years with Athens Services. Experience includes management of the Sales Department and Planning Department and has worked on many vital special projects and developed the Athens Services website. INDUSTRY ACTIVITIES y Frequent presenter at universities and community organizations throughout Southern California EDUCATION California State University at Fullerton BALTAZAR ORONOZ OPERATIONS MANAGER CURRENT RESPONSIBILITIES As the Operations Manager, he oversees the day-to-day sweeping operations. He keeps and maintains quality service, good customer relations, up to date employees' files, accident investigation and reporting, conducts safety meetings and trains drivers on safe driving techniques. Maintains regular contact with City Staff to assure contract compliance and acts as the city liaison to make sure all City goals are met. EXPERIENCE A true industry professional, he joined Athens in 2004 and brings extensive operational management experience to the team. He is an excellent team motivator and is fluent bilingual English/Spanish, drug and alcohol abuse certified, and accident investigation trained and certified. Baltazar has managed several street sweeping transitions for Athens, including Newport Beach, Hermosa Beach, Pomona, Placentia, Villa Park, and others. EDUCATION California State University at LA - Masters in Business Administration EVELYN CORNEJO CUSTOMER SERVICE MANAGER CURRENT RESPONSIBILITIES Evelyn manages the daily activity of all customer service personnel. She prepares customer/resident inquiry reports and makes sure that all supervisors and managers are informed and able to respond to our customers' special needs. Evelyn is responsible for hiring, training, and development of all Customer Service Representatives and Receptionists. EXPERIENCE Evelyn has over 10 years experience in the industry and has worked on many vital projects to improve the quality of our service. Specifically, she has continued to maintain our 50 year tradition of answering the phone personally without the use of an automated system that frustrates so many. 25H-85 Please see the binder marked "Original" which has a CONFIDENTIAL letter in the pocket. Additionally, our Chief Financial Officer will be pleased to meet with City Staff if we are selected to answer any questions the City might have. 25H-86 Phasing Approach Athens Services has a very good understanding of the scope of the work because we have carefully reviewed all the City's RFP materials thoroughly; have conducted a physical review of all the streets; have entered all of this information into our routing data base; and can ensure the City that we will comply with the sweeping schedule as described in the RFP. At a minimum, Athens Services will furnish all labor, equipment, materials, and supervision to perform maintenance as described in the City's RFP, including, but not limited to, using a modern mechanical or vacuum street sweeper, thoroughly sweep each improved street, alley, public parking lot in the City on a frequency as specified in the scope of work and dispose of collected debris in a legal manner. Athens fully accepts that the sweeping operations in the City of Santa Ana shall be implemented utilizing a phased approach in which contract staff will assume incremental responsibility of sweeping areas of the City. We understand that each phase will be implemented in three-month sequences or as determined appropriate by the City based on our performance. We have no doubts that we can complete the full sweeping program implementation within nine-months from the award of the contract. We also understand and accept that City staff has the right to modify, reduce or delete the amount of sweeping, schedules, routes, frequency, phases, standards and days of sweeping with prior notice. The transition "hand-off" from one street sweeper to another street sweeper is a concern for most cities. We understand this concern and we also know how to get it done effectively. The transition process requires excellent planning, great communication, and a contractor like Athens that has the resources, commitment, and knowledge to make a seamless transition. No other company has more experience in implementing different types of transition situations than does Athens Services. Listed below are just a few examples of each of the many types of transitions with which we have experience. From municipal street sweeper to Athens Services • Azusa* • Glendora • Irwindale 25H-87 • Newport Beach* • Placentia • Pornona * Phased approach From private street sweeper to Athens Services • Agoura Hills • Covina • Hermosa Beach • Los Angeles County - Rowland Heights • Manhattan Beach • Mission Viejo • Monrovia • Monterey Park • Rosemead • San Fernando • San Gabriel • San Marino • Sierra Madre • South El Monte • Villa Park Implementation Plan Athens Services has successfully implemented dozens of transitions, including five in just the past 12 months. The key to a successful transition is a full understanding of the scope of work. To that end, Athens audit department has already driven the streets of Santa Ana confirming the miles, maps, timing, and service areas. Upon Agreement execution, Athens will begin the procurement process of necessary equipment and develop the executables it takes to transition the City. Athens will shadow current routes to ensure completion times and familiarization of routes in the days and weeks before we start. Through our experience we have developed timetables that are attainable through a project management schedule ensuring that no items are missed. Athens will work closely with City staff to ensure that all items and executables are achieved by effectively communicating throughout the course of the transition. Athens will start service in the City of Santa Ana and will begin the transition phase on Santa Ana City Council award of the sweeping contract. Items in the schedule appear in anticipated chronological sequence and are assigned a completion time. This assigned completion timeframe may be compressed, if necessary, due to unforeseen events. Schedule of Key Operations Tasks 1. Execute Agreement with City - This is the item that sets everything in motion! We are looking forward to adding the City of Santa Ana to our family of cities. 2. Procure vehicles - Athens makes arrangements to assign and/or order CNG Sweeping vehicles. 25H-88 3. Conduct route audits - Athens assembles its team of auditors and begins auditing every street, median, walkway and parking lot in Santa Ana 4. Meet with City Staff - Athens will schedule a meeting with City staff prior to contract launch to ensure that any anticipated issues, high visibility locations 5. Finalize routes and route maps - Database information gleaned from route auditing is matched. Each route is developed to ensure time scheduling. 6. Employment offers - Athens will make offers of employment following a job fair to all those meeting Company employment prerequisites. 7. Driver training sessions - Athens will conduct driver training in the weeks preceding start of service. Individuals attending training sessions will be compensated for their time. 8. Route Shadowing- Athens will shadow current routes to ensure completion times and familiarization of route. 9. Route dry run- Athens will drive each developed route to ensure route complies with hours of service and safety regulations. 10. Start services - Based on an award by City Council and timeline given, Athens Services will begin servicing the City of Santa Ana. The start service timeframe depicts a realistic timeframe based on a non-contingency situation. Once the roll-out has begun, Athens maintains a quality assurance program to make sure every goal is accomplished. Every route operated by Athens is supervised by an experienced route supervisor that works in the field to ensure all services are completed, and any follow up issues are resolved in a timely manner. The route supervisor is in direct contact with the maintenance group in case of a mechanical breakdown. The route supervisor is in direct contact with our customer service group, so all service inquiries receive personal attention. Other duties assigned: • We utilize a daily route map to ensure all streets, medians, alleys, and cul-de-sacs are swept. (See example to the right.) The supervisor will inspect these areas on a daily basis, and correct any defects. • On a weekly basis the supervisor will trail the route to ensure proper and safe operation of the equipment, and will document his observations. WEDNESDAY wir r 5 aecr*tss a muw u I r', 41 4F r 1 . i. W"?"`"" unary ! ?? rr! R ?R?rNarttll }.. _ r: D) 9?? ? ? i° t F. -_.? t j ?a?t.r_ E MNEU Shat!-1 ST ?r?[aluM ai µ S L i t _ ?.. ea9w 1 a' l 't.t tt E tMl?tt t,,. . ? t ? ? w , tI s u ta.? oil ... ?...+?.. ..,.- '.. r _ ?, -fir.-?_ _ ..._.._... __ r. .., • 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. 25H-89 Another important aspect of our quality control plan is outstanding Customer Service. Some key points are: Our toll-free number is (888) 336-6100. Y LIVE Telephone coverage begins at 7:00 a.m., six days a week. 10, 24 hour Message system r Same day resolution of all inquiries. y Multilingual staffing during all business hours. We can translate over 175 languages! Area Supervisor is always available to be dispatched for special requests and customer concerns. y Professional and courteous customer service staff. Proper staffing levels to handle customer concerns promptly. Customer Service and Billing Department telephone numbers are published on every invoice and are also located on all of our trucks and equipment. We are listed in the printed phone book and the Internet Yellow Pages and our home on the Internet is located at www.AthensServices.com. Athens owns and operates an IBM AS400 main frame computer system to process customer inquiries. All Customer Service Representatives are "on-line"" and have immediate access to each customer's service information. Athens responds to complaints system. All inquiries are logged following information: through an inquiry processing into a central computer with the - Date/Time - Inquiry Type (i.e., service request, extra service, etc - Supervisor Area - Route Number/Truck Number Inquiries requiring immediate action are radioed via Nextel Direct to the Area Supervisor and truck driver. All calls are responded to by the supervisor who determines the root cause of the issue. A follow-up call is made to the customer to determine that he/she is pleased with our response. All inquiries will be responded to within 24 hours. The disposition of each inquiry is then logged into the computer. Daily inquiry status reports are reviewed by several members of the management team. Inquiry and disposition data is maintained for many years. Our website, ww".AthensServices.com, also provides for communication during and after business hours for the convenience of our customers. There is detailed information about our services, ]a brochures and other informative publications which can be downloaded, :_._. and links to other sites to assist our customers 24 hours per day. w„ Customers can send us e-mail requests for information regarding any of our services. E-mails sent during the day typically receive responses within an hour and those received after business hours receive responses very early the next day. There is also a 24-hour on-line survey that our customers can fill out which provides us with valued information that we use to continually improve our services. As required by the RFP, Athens will participate in extensive public awareness efforts and community events and programs, such as neighborhood clean-up events and anti-litter campaigns. One of Athens true strengths is our government affairs management team. We have extensive experience in producing the materials that help facilitate seamless transitions. This group's role will be to work with the citizens and business owners of Santa Ana for the change to Athens Services and 25H-90 educate them on the importance and value of street sweeping services. Described below is our typical program. We will work with City staff to develop a comprehensive program that will best suit the City given the special circumstances of this transition. • A custom-designed brochure is mailed to residents and businesses which will have the annual sweeping schedule and other important information. • Athens joins the Chamber of Commerce and supports their programs and events. • Our customer service group is trained and prepared to patiently walk customers through the changes. • An Athens supervisor is in the field every day and meets personally with customers whenever necessary. • Athens creates a web page for the City with maps, schedules, and other valuable information for the community. • If the City so requests, Athens will set up our information booth at City events to meet, greet, and inform the residents about the importance of street sweeping. Equipment First and foremost, we will make all reasonable efforts to purchase equipment and materials in the City of Santa Ana and to utilize Santa Ana vendors whenever possible and to that end hereby request a list of potential vendors from the City. Equipment used to conduct sweeping operation will consist of Schwarze Model A8000 sweepers which will be used in conjunction with spraying of water to minimize unsettling dust. Furthermore, our drivers will be supplied with manual push brooms and shovels to clean/sweep areas such as narrow cul-de-sacs, median noses and portions of left-turn pockets. Athens will have installed on all of their sweepers the most technologically advanced GPS monitoring system. This system 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. GPS reports shall be available at the request of the City. r 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. Additionally, our equipment will always: 25H-91 • Be AQMD and State (if applicable) approved alternative fuel. • A standard full size motorized sweeper equal to or larger than an Elgin Broom Sweeper, Schwarze model A8000 or similar model with equal pick up abilities with dual gutter brooms. Vacuum sweepers may be considered. • No more than seven (7) years in age at any period during the contract. • Be able to deposit hopper debris in 3-yard bins or larger • Have dual side gutter brooms having no less than 5" long bristles. • Be maintained in top-class running condition including arriving clean for each daily schedule. • Include rotating amber dome lights, DMV night traveling amber side, rear, and top lights or similar. • Include adequate relief sweepers to complete scheduled routes for each sweeper out of operation, broken down, scheduled for maintenance or any other similar situation. • We will provide the City a listing of all sweepers and relief sweepers identifying make, model, year, our identification unit number, California license number, vehicle colors, and the names of all operators to be used, California driver's license number, license class, expiration date and a recent California DMV record. • All vehicles will have a set of road trouble fluorescent triangles and a Nextel digital radio • We exercise caution at all times for the protection of persons and property. All tines, penalties and/or repair charges resulting from our actions shall be our sole responsibility. • We will not permit placing or use equipment in such a manner as to block vehicle traffic lanes or create safety hazards. We always use appropriate warning traffic safety devices when deemed necessary. • Our methods do not harm, deface or damage the streets being swept, street trees, sidewalks or street curbs. • We will have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. The quality of sweeping shall be to the satisfaction of the Public Works Agency Executive Director or designee. We will always use good sweeping practices as dictated by the highest standards within the sweeping industry and will make adjustments as necessary that will result in clean streets with no debris trails left behind. 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. We always exercise due care so as to prevent spilling, scattering, or dropping of debris during the sweeping activity and shall immediately clean up any such spillage, dropping, or scattering. 25H-92 Sweeping practices include, but are not limited to the following: (a) Sweeping speed shall be adjusted to street conditions with a maximum speed of eight (8) miles per hour; and (b) patterned concrete medians, intersections, and crosswalks shall be swept at a maximum speed of three (3) miles per hour. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City to ensure the highest sweeping quality. We understand that 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. Streets with raised medians (commercial and residential) shall have their curb- gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line. Swept clean means minimal debris residual or tailings and none of our sweepers will blow debris onto private property. Additionally, we understand that the City shall determine when the sweeping operations should cease due to inclement weather or other reasons and will notify us immediately once decision is made. During the periods when inclement weather hinders normal operations, we shall adjust our work force in order to accomplish those activities that are not affected by weather. And we accept that 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. Employee Training Program Our drivers are well trained to begin with, of course, but we take training even further by maintaining a weekly schedule of ongoing training in the proper operation of the equipment, proper safety techniques, and keep them current with any new pertinent information affecting their work. Drivers are trained to make as many passes as is required to deliver high-quality results. They are all professionally uniformed, name-tag-identified, licensed, insured, and are skilled and experienced and will report any extraordinary service situations including low hanging tree limbs or other obstructions that prevent normal sweeping operations. In order to ensure there is an ample pool of qualified employees to manage a large service area, driver trainees are hired and trained on the use of all vehicles and moved to a permanent driving position based upon completion of all training, comfort level in their position, qualifications, etc. Athens Services is committed to providing a safe and healthy work environment for our employees, citizens, and anyone who may be affected by the service that Athens Services will be providing. Athens Services initiates and maintains complete accident prevention and safety programs. Each individual from top management to the working person is responsible for the health and safety of those persons in their charge and co-workers around them. By accepting mutual responsibility to operate safely, everyone contributes to the well-being of all personnel. Each employee is given a safety orientation by their supervisor or lead personnel prior to the start of work. 25H-93 The orientation covers a variety of items such as programs mandated by CAL- OSHA (Hazard communication, injury and illness prevention program, etc.), accident prevention, etc. A list identifying the names of all street sweeping equipment operators shall be provided to the City Projects Manager or designee. All of our personnel are licensed to operate sweepers and are in good standing with the California Department of Motor Vehicles and as pictured to the left, professionally dressed and name tag identified. By teaming up with the Public Works Departments of our client cities, we have been able to increase the quality of our services within the community. Drivers at Athens are trained to communicate with their supervisor to report all issues that affect the effective sweeping of their route. Low hanging trees, pot holes, and uneven blacktop are reported to the supervisor who then relays that information to the city. As an enhancement to our already community-friendly approach to doing business, we train our drivers to recognize and report unusual or suspicious situations to assist local law enforcement. Ability to meet Performance on Schedule We understand that the City will give us latitude in establishing work schedules which correspond to the City's route schedules, manpower and equipment resources. We appreciate that we will have the opportunity to discuss with the City adjusting established schedules to meet special circumstances. We accept that 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. Bonus Points Athens Services is interested in partnering with the City long term and as such is offering to meet and exceed the suggestions in the City's RFP in regard to the City's existing equipment, facilities, and personnel. • Athens is in a position to purchase or lease the City's equipment and acquire brand new equipment as needed replacements to maintain a high-quality fleet during the term of the contract. Optionally, if the City wishes to keep their equipment we are prepared to supply new trucks. • Athens Services is willing to lease parking space at the City yard for the purposes of cleaning our service vehicles and to perform minor maintenance at current market rates. Additionally, Athens Services is willing to lease or rent additional property for equipment parking above and beyond our needs for Santa Ana, including office space and operational facilities at current market rates; which we estimate to be in the range of $100,000.00 per year for a long term lease. • Athens will purchase fuel at the City yard for our vehicles that service the City and possibly additional vehicles that we operate locally. • Athens Services has experience transitioning Municipal Services to Athens (Private) contracted services. In every case we have offered to, and in some cases hired city employees. We understand that these employees must meet our minimum qualifications for the positions, the particular circumstances of the service allow for it, and to the extent permitted by law. It 25H-94 should be noted that City employees flourish in the Athens environment and could be subject to promotions and increased responsibilities due to our breadth and depth of the industry. As a continuing testimony to the great working environment at Athens, we have 13 employees who have been with us over 30 years, 35 who have been here for over 20 years, and 130 that have been here at least 10 years. Because Athens provides trash collection, recycling, materials processing, transfer, and a variety of other services throughout Southern California, potential employees are presented opportunities that they might not find in companies that only provide street sweepings services. Athens Services has some of the happiest and fulfilled employees in the municipal street sweeping business. Athens is looking forward to offering employment opportunities to any City Employee that has the desire, and meet our criteria. To that end, Athens will conduct a job fair for displaced workers once we are awarded the Agreement as well as using the services of the Santa Ana Workforce Investment Act (WIA) that is described in detail on the next page. Athens will make offers of employment following the job fair and to all WIA candidates who meet Company employment prerequisites. 25H-95 t44 i 3F ?a? ? q' trr ,? 1 'ANA w Workforce Investment Act (WIA) Programs What Types of Businesses are Eligible? Businesses of all types and sizes are eligible. Description of Program and Benefits: Through the Workforce Investment Act (WIA) funding, the Santa Ana WORK Center is able to assist the workforce needs of business. All services are free of charge. JOB LISTINGS - Businesses may post job openings free of charge. Job orders are seen by a wide network of workforce professionals who have access to qualified candidates, ranging in skill, education and experience. Businesses can indicate on the Job Order form the method of contact for job applicants. ON-SITE SERVICES -- The Santa Ana WORK Center 6 able to provide facilities to test, interview or screen job applicants. Additionally, the Santa Ana WORK Center can arrange special hiring events and job fairs: consider it a "human resources office" away from the office. ON-THE-JOB TRAINING (OJT) - Businesses interested it, hiring an inexperienced applicant, who may require additional haining, may be eligible for a 50% reimbursement of wages paid to that new employee. The OJT funds are subject to the applicant's eligibility under the WIA. WORK EXPERIENCE (WEX) - Businesses interested in providing a haining site for a temporary worker for a set number of weeks may be eligible to have the wages paid by the Santa Ana WORK Center. Like an OJT, a WEX is subject to the worker's eligibility under WIA. LAYOFF AVERSION AND RAPID RESPONSE SERVICES - See Rapid Response insert for more information. Getting Started For assistance regarding any of our services contact the Santa Ana WORK Center. For More information Contact (714) 565-2660. Access additional information on www.santo-ona.org/eda/workc*nt*r.asp City of Santa Ana Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 www.santa-anacirg/businss 25H-96 Please see the pages that follow. 25H-97 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING PROPOSERS STATEMENT and PROPOSAL ITEM PRICING EXHIBIT B Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. 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 Item Price - Pricing shall be based on a curb mile cost as described in Exhibit A. 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. SCENARIO ONE A. $ 16.00 per Curb Mile x 33,660 Curb Miles (RESIDENTIAL ONLY) _ $ 538,560.00 TOTAL for SCENARIO ONE -A Spelled Out: Five hundred thirty eight thousand, five hundred sixty and 00/100 B. $ 16.00 per Curb Mile x 38,305 Curb Miles (ALL OTHER ROUTES IN YEAR FOUR)= $ 612,880.00 TOTAL for SCENARIO ONE - B Spelled Out: Six hundred twelve thousand, eight hundred eighty eight and 00/100 TOTAL for SCENARIO ONE (A+ B): 1,151,440.00 Spelled Out: One million, one hundred fifty one thousand, four *Price for SPECIAL SWEEPING hundred forty and 00/10J 16.00 (SWEEPS): per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of Free Sweeping or Scheduled Sweeping) SCENARIO TWO $ 15.00 per Curb Mile x 71,965 Curb Miles = $ 1,079,475.00 TOTAL for SCENARIO TWO Spelled Out: One million, seventy nine thousand, four hundred seventy five and 00/100 *Price for SPECIAL SWEEPING (SWEEPS): $ 15.00 per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of Free Sweeping or Scheduled Sweeping) SCENARIO THREE $ 16.00 per Curb Mile x 53,386 Curb Miles = $ 854,176.00 TOTAL for SCENARIO THREE Spelled Out: Eight hundred fifty four thousand, one hundred seventy six and 00/100 *Price for SPECIAL SWEEPING (SWEEPS): $ 16.00 per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of No Cost Sweeping or Scheduled Sweeping) SCENARIO FOUR $ 17.00 per Curb Mile x 28,352 Curb Miles = $ 481,984.00 TOTAL for SCENARIO FOUR Spelled Out: Four hundred eighty one thousand, nine hundred eighty four and 00/100 *Price for SPECIAL SWEEPING (SWEEPS): $ 17.00 per CURB MILE. *(Over and Above Required 400 Annual Curb Miles of No Cost Sweeping or Scheduled Sweeping) Arakelian Enterprises,Inc.,dba Athens Services (626)336-3636 Fax (626)513-0988 LEGAL NAME OF COMPANY PHONE AND FAX NUMBER PO Box 60009, Industry, CA 91716 Gary M. Clifford BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT Chief Operating officer 12/21/11 GCliffordgAthensServices.com SIGNATURE OF AUTHORIZED AGENT TITLE DATE E-MAIL ADDRESS 95-4313271 N/A FEDERAL IDENTIFICATION NUMBER (IFAPPicABLE) CONTRACTOR LICENSE NUMBER (IFAPPicABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 25H?b8 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm 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. Reference No. I Customer Name: city of Glendora Contact Individual: David Davies Address: 116 E. Foothill, Glendora 91740 Contract Amount: $250K+ Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Customer Name: C ity of Pomona Address: 505 Garey Ave., Pomona, CA 91766 Contract Amount: $250K+ Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 3 Customer Name: City of San Marino Contact Individual: Matt Ballantyne Address: 2200 Huntington Dr. Phone Number: San Marino, CA 91108 626-300-0700 626-300-0709 Facsimile Number: Contract Amount: $250K+ Year: 2001-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT D City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 2? b9 Phone Number: 626-914-8246 Facsimile Number: 2006-Present Year: Reference No. 2 Contact Individual: Mike Tafoya 626-914-8221 Phone Number: 909-620-2482 909-620-2278 Facsimile Number: Year: 2009-Present CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm 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. Reference No. I Customer Name'. of San Gabriel Contact Individual: Steve Preston Address: 425 S. Mission San Gabriel, CA 91776 Contract Amount: $250K+ Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 2 Customer Name: city of Sierra Madre Contact Individual: Bruce Inman 232 w. Sierra Madre Address: Phone Number: Sierra a re, CA 91U24 Contract Amount: $250K+ Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Phone Number: Facsimile Number: 2009-Present Year: Facsimile Number: Year: 2007-Present (626) 308-2800 (626) 458-2830 (626) 355-7135 (626) 355-2251 Reference No. 3 Customer Name: City of South Pasadena Contact Individual : Diana Harder Address: 1414 Mission St. Phone Number: South Pasadena, CA 91030 Contract Amount: $350K+ 626-403-7243 626-403-7211 Facsimile Number: 2001-Present Year: Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT D City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 25H26 100 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm 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 Name: City of San Fernando Address: 117 Macneil Street Phone Number San Fernando, CA 91340 Contract Amount: $250x Reference No. I Contact Individual: Robert Braden 818-898-1293 818-898-3221 Facsimile Number: Year: 2009-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 2 Customer Name: City of Irwindale Contact Individual: Loretta Corpis Address: 505 Irwindale Ave. Phone Number: 626-430-2211 Irwindale, CA 91706 626-962-4209- Contract Amount: $250x+ Facsimile Number: Year: 2009-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 3 Customer Name: City of Covina Contact Individual: Daryl Parrish Address: 125 E. College Phone Number: 626-384-5410 Covina, CA 91723 626-8S8-7208 Contract Amount: $250x+ Facsimile Number: Year: 2006-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT D City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services P_aAQ H26 25 101 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm 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. Reference No. I Customer Name: City of Villa Park Contact Individual: Jarad Hillenbrand Address: 17855 Santiago Blvd Villa Park, CA92861 Contract Amount: $250K+ Phone Number: 714-998-1500 714-998-1508 Facsimile Number: 2010-Present Year: Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 2 Customer Name:City of Manhattan Beach Contact Individual: Juan Price Address: 1400 Highland Ave Phone Number: Manhattan Beach, CA 90266 Contract Amount: $250K+ (310) 802-5310 Facsimile Number: 2011-Present Year: (310) 802-5001 Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 3 Customer Name: City of Monrovia Contact Individual: Ron Bow Address: 415 s. Ivy Phone Number: Monrovia, CA 91016 Contract Amount: $250K+ (626) 932-5554 (626) 932-5520 Facsimile Number: Year: 2010-Present Description of supplies, equipment, or services provided: Sweeping o rest entia an commercia streets in the City. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT D City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 25H26102 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm 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. Reference No. I Customer Name: city of Newport Beach Contact Individual: Mark Harmon Address: 3300 Newport Blvd. Phone Number: Newport Beach, CA 92658 Contract Amount: $250x+ (949) 644-3055 (949)650-0747 Facsimile Number: Year: 2009-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 2 Customer Name: City of Hermosa Beach Contact Individual: Ells Freeman Address: 1315 valley Dr. Hermosa Beach, CA 90254 Contract Amount: $250x+ Phone Number: (310) 318-0259 (310)-798-2917 Facsimile Number: Year: 2010-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 3 Customer Name: city of Rosemead Contact Individual: Bill ornelas Address: 7933 Emerson Place Phone Number: Rosemead, CA 91770 Contract Amount: $250x (626)569-2262 (626)569-2243 Facsimile Number: Year: 2010-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT D City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services P_QpQ H26 25 103 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm 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. Reference No. I Customer Name: city of South El Monte Contact Individual: Joe Martinez Address: 1415 N. Santa Anita Ave. Phone Number: 626-241-3974 South E1 Monte, CA 91733 626-652-6801 Facsimile Number: Contract Amount: $250K Year: 2009-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 2 Customer Name: LA County, Rowland Hts. Contact Individual: Address: 900 Fremont St. Los Angeles, CA Contract Amount: $250K+ David E. Oboza Phone Number: (626) 337-1277 (626) 962-3982 Facsimile Number: Year: 2008-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 3 Customer Name: City of Mission Viejo Contact Individual: Jerry Hill Address: 200 Civic Center Drive Phone Number: Mission Viejo, CA 92691 Contract Amount: $250K+ Facsimile Number: Year: 2011-Present Description of supplies, equipment, or services provided: 949-581-3528 Sweeping of residential and commercial streets in the City. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT D City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Paae 2604 25H-1 949-470-3085 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm 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. Reference No. I Customer Name: City of Agoura Hills Contact Individual : Robert Cortes Address: 30001 Ladyface Court Phone Number: Agoura Hills, CA Contract Amount: $250K+ Reference No. 2 Steve Drinovsky Contact Individual: Facsimile Number: Year: 2011-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Customer Name: City of Placentia Address: 401 E. Chapman Ave. Placentia, CA 92870 Contract Amount: $250K+ Year: 2009-Present 818-597-7329 818-597-7341 Phone Number: (714) 993-8236 (714) 961-0283 Facsimile Number: Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 3 Customer Name: City of Monterey ParkContact Individual: Elias saykali Address: 320 W. Newmark Phone Number: Monterey Park, CA 91754 Facsimile Number: (626) 307-1320 (626)288-6861 Contract Amount: $250K+ Year: 2008-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT D City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 26U 26105 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING RELEVANT WORK HISTORY THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm 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. Reference No. I Customer Name: City of Azusa Contact Individual : Tito Haes Address: 213 E. Foothill Blvd. Phone Number: (626) 334-5248 zusa, Contract Amount: $250K+ (626)334-6358 Facsimile Number: Year: 2002-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 2 Customer Name: City of Temple City Contact Individual: Jose Pulido Address: 9701 E. Las Tunas Temple City, CA 91780 Contract Amount: $2SOK+ Phone Number: Facsimile Number: (626) 285-2171 (626) 285-8192 Year: 1987-Present Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the City. Reference No. 3 Customer Name: City of Diamond Bar Address: 21825 Copley Dr. Phone Number: 909-839-7000 Diamond Bar, CA 91765 909-861-3117 Contract Amount $250K+ Contact Individual: David Liu Facsimile Number: Year: 1990-2000 Description of supplies, equipment, or services provided: Sweeping of residential and commercial streets in the city. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT D City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services P,-ma 26 2S H-106 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between PROPOSER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Administrative Services Manager or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to PROPOSER or deposited with the United States Postal Service properly addressed to the PROPOSER with the correct postage affixed thereto. PROPOSER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and AGENCY's legal holidays), or the funds, check, draft, or PROPOSER'S bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check drafts, or PROPOSER'S bond substituted in lieu thereof shall be returned to the undersigned. PROPOSER understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. Firm Arakelian Enterprises,Inc., dha Athens Services Signed and Printed Name: Gary M. Clifford Title Chief Operating Officer Date I2/2I/11 TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT E City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 25H-107 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor 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 Contractor 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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he 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 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor 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 Contractor 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. 6. In the event of the Contractor'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 contractor 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. 7. The Contractor 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, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. EXHIBIT F City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 28 29H- 108 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, 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 Contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Firm Arakelian Enterprises,Inc., dba Athens Services Signed and Printed Name: Gary M. Clifford Title Chief Operating Officer 12/21/11 Date TO BE INCLUDED IN PROPOSAL EXHIBIT F City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Panp- 29 2S H-109 CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING 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? 53 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 0 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 within the last five years? ? Yes Q 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 F No 7. Has your firm ever defaulted on a contract? ? Yes 0 No If "yes," explain on a separate page. TO BE INCLUDED IN PROPOSAL PACKAGE EXHIBIT G City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 25H-30 110 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 0 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 0 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 F1 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 number, the crimes and the year convicted. City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services 20111 31 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. N/A % 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 M 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 0 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 F1 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. City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping 2MA 12 EXHIBIT H CITY OF SANTA ANA PUBLIC WORKS AGENCY REQUEST FOR PROPOSALS FOR STREET SWEEPING NON-COLLUSION AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, 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 bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid 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 bid. 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. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Sig State of California County of Gary M. Clifford 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 TO BE INCLUDED IN PROPOSAL PACKAGE EMENOW City of Santa Ana Public Works Agency Request for Proposals fowtAt iping weServices REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on December 16, 2011 The referenced document has been modified and will be as Amendment No. 1. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Pedro Guillen, email pquillenp_santa- ana.orq. EXHIBIT A - SCOPE OF SERVICES, PAGE 23 IV. TERMS AND CONDITIONS L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE The Contractor shall extend offers of employment to any displaced City of Santa Ana street sweeper equipment operators for a minimum of one year and at a rate commensurate to their last base salary amount as an equipment operator with the City of Santa Ana. Thereafter, the Contractor may pay according to the Contractor normal pay structure Contractor costs should be amortized over the seven year contract period. The City anticipates equipment operator retirements prior to the Contract commencement Therefore, the resulting number of Job offers extended to displaced equipment operators for one year at their last base salary amount may be substantially reduced The actual number of equipment operators will be determined after the conclusion of the evaluation process and an adtustment will be made thru negotiation to account for the changes. Such effort and procedure will be provided to the City for review. All other provisions of the invitation acknowledge receipt and understanding Arakelian Enterprises,Inc., Company Name Athens Services Gary M. C ifford of this proposal shall ma in their entirety. Vendors hereby of'the above Amendm t. dba 12/20/11 Signature Date Chief Operating Officer Printed Name of Signer PO Box 60009, Industry, CA 91716 Address I itle City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Page 23 25H-114 REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on December 19, 2011 The referenced document has been modified and will be as Amendment No. 2. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Pedro Guillen, email pguillen(a)santa-ana.orq. 'RFP - Page 1 KEY RFP DATES: Issue Date Mandatory Pre-proposal Meeting: Proposal Due Date Presentation/I nterviews "RFP - Page 2 Tuesday, November 22, 2011 Thursday, December 1 2011 - 9:00 a m J': sdas., anuary. 4 2012 - 400 p !a; Week FnIInw;Rq jaRwaFv 2. 244-22 Krven(,;anu 201 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Street Sweeping Services. Responses to the Request for Proposal (RFP) will be accepted until Wednesday. ^ b 21 90++ at 4:00 p.m. If further information is required, contact Pedro Guillen at (714) 647-3303 or qL illeg d)santa ana off. "RFP PAGE 8 XVI. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, Office of the Executive Director, Public Works Agency Attention: Pedro Guillen. 20 Civic Center Plaza, Ross Annex, 4"' Floor, Santa Ana, CA 92701 on Wednesday, ambar. 2i, ,oil 4_<{. 1 .,_at 4:00 p.m. Faxed and E-mail proposals will not be accepted. All other provisions of the invitation of this proposal sha/ ema n in e' entirety. Vendors hereby acknowledge receipt and understanding of the above Amendment. Arakelian Enterprises,inc.,dba20j1.1 12/ Company Name Athens Services Signature Date Gary M. Clifford Chief Operating Officer Printed Name of Signer Title PO Box 60009, Industry, CA 91716 ,441 GJJ City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Page 1, 2 and 8 25H-115 REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES WIN CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on December 20, 2011 The referenced document has been modified and will serve as Amendment No. 3. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Pedro Guillen, email pguillen0g santa-ana.orq. *RFP - Page 9 XVIII. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: A. Financial Responsibility (Capacity) B. Required Services C. RFP Criteria and Required Submittals - Proposal's compliance with the requirements of this RFP D. Implementation Plan .................................................... .................... 30% 1 Phasing Approach/Scope of Services 2. Equipment 3. Employee Training Program 4. Ability to Meet Performance on Schedule E. Company Experience and Reputation - Municipal Experience, or similar, long-term contracts(Quantity/Similar Operation/Scope of Service, References) ......................................... .. 40% F. Fee Schedule (Competiveness/Cost Effectiveness) _ .... . ......... ......... ....... 30% Bonus Points: The City's desire is to have the Contractor explore opportunities including, but not limited to, leasing City Corporate Yard space for office/sweeper fleet, fuel purchase at City Corporate Yard fueling station, purchase of City owned street sweeper fleet, other Contractor proposals. The provided City sweeper fleet auction estimates, fuel and lease rates are intended to serve as minimums only. Contractor proposals should include detailed information indicating proposed rate offers for City fleet, fuel and leasing facilities and other Contractor proposals. *Purchase and lease pricing shall be negotiated separately, individually and apart from the street sweeping contract. Pricing proposals for fleet, fuel and lease rates should not be included into curb mile pricing rates. Please refer to the Email delivered on Friday, December 16, 2011 at 3:26 PM (attached page) for fleet, fuel and lease rate information. All other provisions of the invitation of this proposal shall remai in eir a ti ty. Vendors hereb acknowledge receipt and understanding of the above Amendment. Arakelian Enterprises,Inc., dba 12/21 11 Company Name Athens Services Signature Date Gary M. Clifford Chief Operating Officer Printed Name of Signer Title PO Box 60009, Industry, CA 91716 Address City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Page 9 25H-116 REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on December 20, 2011 The referenced document has been modified and will serve as Amendment No. 4. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Pedro Guillen, email pcquillen(d)santa-ana.org. RFP - Page 13 and 16, Sections II.C.1.b and C.1.d II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES C. STREET SWEEPING EQUIPMENT 1 The street sweeper or any relief sweeper used to perform this contract work shall: Be a standard full size motorized sweeper equal to or larger than an Elgin Broom Sweeper, , • .I Schwarze model A8000 or similar model with equal pick up abilities with dual putter brooms. Vacuum sweepers may be considered. d Be able to deposit hopper debris in 3-yard bins or larger (washout, cleaning, dumping of hopper on streets will not be allowed) and ability to have a variable hopper dump height which allows dumping into various size and type containers. RFP - Page and 16, Sections II.Q Q. DEBRIS DISPOSAL ...,. ;., .. ,.., ,.....,, ....... ., . , .. , .. u. ,xs h .ti,+4tif?f_`'??•i-li•?kt..,de-?1?v -<?k'..?i.e. k-.e;e*9iti...t.. mete. 6+.+h..cSd3 ? , ..: #u : , a =? + ..? w-+c Disposal of sweeping debris is required at City designated debris exchange zones. In compliance with Santa Ana Municipal Code Section 18-155 debris disposal discharge will NOT be allowed on City Streets at City Corporate Yard and other City owned facilities other than in City approved containers Debris disposal discharge includes dumping or disposal of any liquid, semi-solid or solid substance 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. *Please refer Santa Ana Municipal Code Section 18-155 for further information (attached). All other provisions of the invitation of this proposal shall remain receipt and understanding of the above Amendment. Arakelian Enterprises,Inc., dba Company Name Athens Services Gary M. Clifford Printed Name of Signer PO Box 60009, Industry, CA 91716 hereby acknowledge 11 Signature , Daife Chief O erating Officer Title Address City of Santa Ana Public Works Agency Request for Proposals for Street Sweeping Services Page 13 and 16 25H-117 CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 CHIJBB Phone: (008) 903-3465 • Facsimile: (908) 903-3656 FEDERAL INSURANCE COMPANY BID BOND Bond No. BID BOND Amount S 5%"*"`*** Know All Men By These Presents, That we, ATHENS SERVICES 14048 VALLEY BLVD., CITY OF INDUSTRY, CA 91746 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF SANTA ANA 220 S. DAISY AVENUE, SANTA ANA; CA 92703 (hereinafter called the Obligee), in the sum of FIVE PERCENT OF TOTAL AMOUNT BID'******'**********'***'****"**88 Dollars ($ 5%*******- ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 15th day of December, 2011 WHEREAS, the Principal has submitted a bid, dated December 21, 2011 for REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the worK covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. ATHENS S I ES Principal By: FEDER?tt VJ'SURAI Cf tbMPANY By_ `.. L G L < G. C i AUL BOLUCrHER Attorney-in-Fact Fam 15-02-0002 (Rev. 11.99) 25H-1 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of LOS ANGELES On DECEMBER 15, 2011 before me, MISTY DAWN WRIGHT, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PAUL BOUCHER Name(s) of Signer(s) a who proved to me on the basis of satisfactory evidence to be the person(n whose name(n) isr subscribed to the within instrument and acknowledged to me that he/M/On executed the same in his/Mr/Mr authorized capacity(. 1p), and that by hisMr? signatures on the instrument the person(*, or the entity upon behalf of which the persona acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Pubt ` MISTY DAWN WRIGHT OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document BID BOND Document Date: DECEMBER 15, 2011 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ? Individual ? Corporate Officer - Title(s): ? Partner --- ? Limited ? General ? Attorney in Fact ? Trustee OF SIGNER ? Guardian or Conservator Top of thumb here ? Other. Signer Is Representing: Number of Pages: Signer's Name: ? Individual ? Corporate Officer - Title(s) _ ? Partner -- ? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing: (c,'2007 National Notary Association - 9350 De Soto Ave., PC. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder. Call Toll-Free 1-800-876-6827 25H-119 25H-120