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HomeMy WebLinkAboutAGMT - CleanStreet Inc & Extension 1 & 2 (Street Sweeping),s ... � .� !� ��"1 ;«_ •:�,;:;r �� .r.,;�. a",.�r�,,.,: %'.t;'n .� .�' �2,-,g�!^.�"'xw,,•h.N .�>' ,�'3?�'y,.; ,`G.p .l�^ P, �.*;"' • •I, k . "V,TM,i3 ��Y�i µ.'� .#' NOR t u y, . r. `'9r 3" y'x4 i.': May 31, 2023 Clean Street, Inc. Attn: Rick Anderson 1937 W. 169th Street Gardena, CA 90247 SUBJECT: Dear Mr. Anderson: CITY OF SEAL BEACH — CLEAN STREET, INC. MAINTENANCE SERVICES AGREEMENT EXTENSION NO. 2 Street Sweeping Services Pursuant to the Maintenance Services Agreement for Street Sweeping Services, dated October 28, 2019, by and between the City of Seal Beach (City) and Clean Street, Inc., the City of Seal Beach is hereby notifying Clean Street, Inc. of its desire to exercise the second of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of one hundred seventy-four thousand four hundred sixteen dollars and 00/100 ($174,416.00). The Agreement termination date is now revised to midnight of October 28, 2024. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee, Public Works Director at (562) 431- 2527 x1322 or ilee@sealbeachca.gov Sincerely, 6& J' 1'R. .Ingram City Manager CC: Iris Lee, Public Works Director Gloria D. Harper, City Clerk September 29, 2022 Clean Street, Inc. Attn: Rick Anderson 1937 W. 169th Street Gardena, CA 90247 SUBJECT: CITY OF SEAL BEACH — CLEAN STREET,INC. MAINTENANCE SERVICES AGREEMENT EXTENSION NO.1 Street Sweeping Services Dear Mr. Anderson: Pursuant to the Maintenance Services Agreement for Street Sweeping Services, dated October 28, 2019, by and between the City of Seal Beach (City) and Clean Street, Inc., the City of Seal Beach is hereby notifying Clean Street, Inc. of its desire to exercise the first of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of one hundred seventy-four thousand four hundred sixteen dollars and 00/100 ($174,416.00). The Agreement termination date is now revised to midnight of October 28, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee, Acting Public Works Director at (562) 431-2527 x1322 or ilee@sealbeachca.gov Sincerely, ' I R. Ingram City Manager CC: Iris Lee, Acting Public Works Director Gloria D. Harper, City Clerk October 18, 2019 Mr. Steve Myrter Director of Public Works City of Seal Beach Dear Mr. Myrter, Attached is our executed contract for street sweeping services. Per your instructions we are also attaching an addendum that clarifies that this is not a contract that requires the payment of prevailing wages. We look forward to serving the City of Seal Beach. q�k 6a Sincerely, Jere Costello CEO/President 1937 West 169' Street, Gardena, California 90247 (310) 436-6545 C1eanStreet.com E-mail: jcostello@cleanstreet.com Fax: (310)538-8015 City of Seal Beach Street Sweeping Services, bidding on October 3, 2019 10:60 AM (Padtic) Addenda Addendum - Released Addendum Num Addendum #1 Addendum Date 09/18/2019 Release Date 09/18/2019 Title Non-PrevaiBng Wage Descrhption This project is NOT prevailing wage. Attachments No Attachments _. _ _ PlanehBids,Inc. Page 1 Printed 10/18/2019 MAINTENANCE SERVICES AGREEMENT for Street Sweeping Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 CleanStreet, Inc. 1937 W. 169th Street Gardena, CA 90247 (800) 225-7316 This Maintenance Service Agreement ("the Agreement") for Street Sweeping is made as of October 28, 2019 (the "Effective Date"), by and between CleanStreet, Inc., ("Consultant"), a California corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. . City has determined that it needs citywide street sweeping services (the "Project"). B. City issued a Notice Inviting Bids for provision of citywide street sweeping services C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.030, City desires to engage Contractor to provide street sweeping services in the manner set forth herein and more fully described in Section 1.0. D. Consultant represents that the principal members of its firm are qualified street sweeping contractors and are fully qualified to perform the street sweeping services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. E. Consultant's California State Contractor's License number and class are #634131 / D-38 Sand and Water Blasting. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Consultant shall perform and complete in good and workmanlike manner all work and other services (collectively "Services") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2. The "Contract Documents" that comprise the agreement between the City and Consultant are the: Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, Designation of Sureties, Acknowledgement of Addenda, Contractor's Industrial Safety Record, Non -Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Bid Bond, Contractor's Qualification Statement, Scope of Work, Materials and Labor Bond, Additional Insured Endorsement - Commercial General Liability, Additional Insured Endorsement - Automobile Liability, Street Sweeping Area Maps, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Contract Scope of Work (Exhibit A), Consultant's Proposal (Exhibit B) 2of15 (hereinafter "Accepted Proposal" referred to in Recital C, above), Labor Law Requirements (Exhibit C), and any and all supplemental agreements executed amending or extending the Services contemplated and that may be required to complete the Services in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement on. 1.3. The Services shall be performed in accordance with the Contract Documents. Consultant shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City 1.4. The Services shall be performed in accordance with the Contract Documents. Consultant shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City 1.5. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.6. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.7. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship 1.8. Additional Work. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 3 of 15 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) year ("Original Term") and shall expire at midnight on October 28, 2022, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from October 29, 2022 through and including October 28, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from October 29, 2023 through and including October 28, 2024 unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Consultant's Compensation 3.1. Original Term. For performing and completing the Services in accordance with this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the not -to -exceed amount of $174,416.00 per year, or a cumulative not -to -exceed total of $522,972.00 for the Original Term. Said hourly rates shall constitute payment in full for all Services performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Services, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Consultant on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.. 3.2. Extensions. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to -exceed amount of $174,416.00 for each extension. 3.3. Additional Work. Any additional work authorized by the City Council and City Manager pursuant to Section 1.8 will be compensated in accordance with the fee schedule set forth in Exhibit A 4of15 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Rick Anderson is the Consultant's primary representative for purposes of this Agreement. Rick Anderson shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 5of15 in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: CleanStreet, Inc. 1937 W. 169th Street 1937 W. 169th Street Gardena, CA 90247 Attn: Rick Anderson 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, 6 of 15 including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.3. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in Section 15.0 of this Agreement. 9.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 10.0 Subcontractors No portion of this Agreement shall be approval of the City. Consultant is fully of any and all subcontractors. 11.0 Assignment subcontracted without the prior written responsible to City for the performance Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant's obligations hereunder, whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 7of15 12.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 14.0 Insurance 14.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or 8of15 damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per occurrence for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and 14.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it, (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and designated volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and designated volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 14.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on 9of15 the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 14.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 15.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 15.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 15.1 Consultant's Duty. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 15.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs 10 of 15 actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 15.2 Other Indemnitees. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 15.3 Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 15.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 11 of 15 15.4 The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 15.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 15.5 Consultant's covenants under this Section 15.0 shall survive the expiration or termination of this Agreement. 16.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 17.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 18.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 19.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 12 of 15 20.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 21.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 23.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 24.0 Prohibited Interests; Conflict of Interest 24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non -contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written 13 of 15 disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 25.0 Attorneys' Fees If either party to this agreement commences an action or proceeding against the other party, either legal, administrative or otherwise, to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 26.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 27.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 14 of 15 CITY OF SEAL BEACH CONSULTANT: CleagStreet Inc, a rim Attest By: D. Harpe Approved as to Form. '� By. a' a ee , City tto rr wo .nrfIF i, r"i171 Pase note, two signatures required corporations pursuant to California rporations Code Section 313.) Exhibit A Scope of Work Section A Primary objectives of the sweeping program are to: • Establish and adhere to a regular schedule of performance for the annual sweeping of 2,300 curb miles of residential and 1,894 curb miles of arterial/commercial. Additionally, there are additional curb miles of raised medians and painted medians which have not been precisely measured or inventoried. Contractor will be compensated based on the actual curb mileage for arterial and residential and commercial streets noted above; however the City requires each street to be uniformly cleaned gutter to gutter each service day which includes median curbs and painted medians. No additional compensation for median curbs, painted medians and noses will be allowed. • Maintain gutter flow lines in streets free of debris for free flow of water. • Maintain a state of cleanliness for road and pedestrian safety acceptable to the City. • Meet all Air Quality Management District (AQMD) street sweeping fleet requirements. The City of Seal Beach requires that all sweepers used for arterial and residential sweeping are powered by alternative fuel sources (e.g. compressed natural gas, liquefied natural gas, electric, propane, etc.). • NPDES — meet or exceed NPDES permit requirements. Section B Definition of Terms a. Agreement/Contract Terms "Agreement" and Contract" are used interchangeable and shall mean this document and its attachments for street sweeping the City of Seal Beach. b. City Term "City" shall mean the City of Seal Beach, California, its officers, employees, or representatives. City may be more narrowly defined where appropriate as the Director of Public Works. c. Contractor Term "Contractor" shall mean the person, corporation, or partnership, its officers, employees or representatives performing street sweeping services under contract with the City. d. Curb Mile Term "Curb Mile" shall equal 5,280 feet, by length, of street (curb to curb) and is the measurement used to determine compensation under this contract. Compensation shall be as follows: a street one (1) linear mile long with: 1. No medians would measure two (2) curb miles. 2. Painted median would measure three (3) curb miles. 3. Raised/curbed median would measure four (4) curb miles. e. Debris Term "Debris" shall mean all litter, rubbish, leaves, sand, dirt, silt, garbage, obstructions and all other foreign material to be removed from paved streets with a mechanical street sweeper. f. May Term "May" shall be permissive. g. Shall Term "Shall" shall be mandatory. h. Streets Term "Streets" shall mean all dedicated public rights-of-way within the existing or future corporate limits of the City of Seal Beach which are paved. i. Street Sweeping Term "Street Sweeping" shall mean the removal, by mechanical street sweepers, or manually by the sweeper operator, of all debris from all portions of listed City streets, including but not limited to street intersections, the areas adjacent to curbs and raised medians, left -tum pockets, painted center striped medians on arterial streets, median bull -noses, dead spots and cross -gutters. i. Sweepings Term "Sweepings" shall mean all debris removed from streets, by street sweeping vehicles, equipment, manually by hand and tools. 2. Term Term of this agreement is for three years. This contract may be renewed on an annual basis by mutual agreement of both parties for an additional one (1) year and another additional one (1) year thereafter, for a potential five-year contract term. City does not have to give reason if it elects not to renew. If Ciiy and Contractor are unable to agree on a mutually acceptable contract, the agreement will be terminated. 3. Services Requested Services shall include furnishing all labor, equipment, tools, fuel, materials, insurance, supervision, disposal costs, and all other items incidental thereto and to perform all work necessary as specified, for machine street sweeping or manual sweeping. Contractor shall provide his own yard for parking, maintenance, and storage of all equipment a. Water Contractor shall furnish all water required for performance of this contract by first making arrangements with the City's water division and shall pay all fees and comply with all requirements thereof. Contractor acknowledges that all sweepers are equipped with, and all drivers instructed in the proper use of, approved hydrant wrenches and anti- surge/eddy valves. In the event Contractor encounters an inoperable or "dead" fire hydrant, Contractor shall report hydrant's condition and location to the governing water district within twenty-four (24) hours. 4. Routine/Scheduled Sweeping The regular recurring sweeping of all arterial and residential streets shall be done twice per month in accordance with the area schedule, with the exception of Pack Coast Highway which is swept four times per month and Leisure World which is swept once per month. 1. Special Street Sweeping Occasional sweeping required by Contractor to include add-on scheduled and non-scheduled street sweeping of special events, spills, and unusual conditions or any other sweeping requested by the City not included in routine/scheduled sweeping. Billing for special sweeps is based on an hourly rate with travel time included to and from nearest sweeper's location as in accordance with the approved fee schedule and no additional compensation will be allowed therefore. Street sweeper shall temporarily postpone scheduled sweeping and respond immediately to the location. Contractor's response time shall not exceed one (1) hour once contact has been made to Contractor's office or field personnel by City staff. Scheduled sweep will resume once special sweep has been completed. Contractor will contact City personnel when special sweep has been completed so location may be inspected and verified for cleanliness. Special sweeps are between the hours of 7:30 a.m. and 5:30 p.m. 2. Emergency Sweeps Occasional sweeping required by Contractor to include non -hazardous spills, accident clean-ups and unusual conditions which would require non-scheduled after-hours, weekend and holiday responses. Responses to City -requested field location emergency sweeps shall be within one (1) hour of notification by City. Contractor shall provide City with name and phone number of contact persons for after-hours emergency sweeps. Emergency sweeps are between the hours of 5:30 p.m. and 7:30 a.m. a. Response to Emergency Services Contractor shall respond to City page/emergency request within fifteen (15) minutes of notification by City personnel. Failure to respond to request within time allowed shall invoke a performance deficiency deduction. b. Emergency Response Time Contractor shall have manpower, equipment and materials at designated location within one (1) hour from the time of work order issuance. Additionally, the Contractor shall respond to emergency notifications from the City within 15 minutes for instructions by City staff. By submitting a proposal, the Contractor commits to being able to provide manpower and equipment on Saturdays, Sundays, holidays and overtime, when requested. I Re -sweeps Re -sweeps are those required of the Contractor when, after inspection by the City, are deemed not to meet the stated performance standards, or when a street or section has been missed during the regularly scheduled street sweeping. Re - sweeps are completed at the expense of the Contractor. Contractor shall notify City representative when re -sweeps are scheduled and upon completion. a. Response to re -sweeps shall be within twenty-four (24) hours after being notified by City representative and are to be completed at the expense of the Contractor. b. High profile and safety-related residential re -sweeps, as determined by City, shall be completed prior to 3:30 p.m. the same day Contractor was notified by City representative. b. Arterial re -sweeps shall be completed prior to 7:00 a.m. the following day after contact by City representative and are to be completed at the expense of the Contractor. High profile and safety-related arterial re - sweeps shall be completed prior to 3:30 p.m. the same day Contractor was notified by City representative Section C 4. Sweeping Practices and Standards of Performance a. Areas of Street Areas of street shall include curb lines along both sides of the roadway or to the edge of pavement where no curb exists, along all curbs on raised medians, over all portions of painted median, painted left and right tum pockets, and all intersection cross -gutters. Noses or ends of curbed medians and arterial intersection tum pockets and arterial intersection center areas and dead spots are to be maintained each week and included in the curb mile price. Curb returns (radii) at intersections of arterial and residential streets will be swept along their entire length and free of debris on scheduled arterial sweep days. Excluded from areas to be swept are those that would cause damage to the equipment used. While contractor is normally responsible for the 8' strip (sweeper width), curb to curb sweeping, or a portion of, may be needed at some locations due to unforeseen circumstances and shall be included within the curb mile price. b. Flow of Traffic Sweeping shall be accomplished in the same direction as traffic flow at all times during sweeping. c. Water Water shall be used during all sweeping operations to minimize dust except when requested by City staff. Enough water should be used to minimize dust but not an excessive amount to create runoff. d. Warning Devices Vehicles shall be equipped with top -mounted warning lights (rotating or beacon) visible for 3600 or comparable traffic safety lights when sweeping A rear -mounted left/right arrow stick shall be required for arterial and bike lane sweepers. e. Sweeping Speed Sweeping speed shall be adjusted to street and debris condition with a maximum speed of eight miles per hour (8 MPH). City streets swept while driver exceeds eight miles per hour (8 MPH) will be re -swept in their entirety at Contractor's expense. In addition, a verbal warning will be given for the first violation. A written warning will be given for the second violation, and a "Failure to Perform" notice will be issued upon the third violation. f. Extra Effort Sweeping shall normally consist of a single pass over an area; however, the Contractor shall make additional passes or such extra effort as may be required to adequately clean the street. Heavy debris shall be removed unless the removal cannot be accomplished without damage to equipment or infliction of personal injury. Extra effort will be required when sweeping equipment leaves a dirt/silt smear in its swept pathway. Extra effort will be strictly enforced during and after windy conditions and storm weather. The cost for any extra effort shall be included in the contract cost per curb mile. Should problem require °manual" removal, contractor should contact the City of any silt, soil, rain runoff, mudslides, etc. g. Obstructions Non -swept or non-sweepable items such as small tree limbs, palm fronds, rocks, silt, mud, trash and debris shall be manually removed from the sweeping path by the sweeping operator rather than going around it. Larger obstructions such as impaired vertical and/or horizontal clearance by tree limbs, construction or landscape contractor debris, etc. shall be immediately reported to City when the location cannot be swept. Contractor may go around homeowner landscaping debris, landscape company or construction debris only when all of the following conditions are met: 1. Source of debris is obvious and not natural accumulation. Debris should be bagged and/or disposed of by party responsible. 2. Contractor notified City within twenty-four (24) hours. Contractor is not responsible for areas missed because of parked vehicles and other personal property such as toys, bicycles and skateboard ramps. h. Level of Cleanliness Contractor shall remove all loose debris obstructions and material normally picked up and removable by a fully operational mechanical street sweeper. This includes, but is not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, and litter. Debris swept onto residential and arterial driveway aprons, sidewalks, and access ramps will require additional passes by the sweeper operator. ff debris cannot be re -swept, the driver/sweeping contractor will be responsible for the manual clean-up. Clean-up will be completed at time of occurrence at Contractor's expense. 1. Notification of Non -sweeping Contractor shall provide City representative on a daily basis (when applicable) with list of all streets not swept when regular sweeping schedule is interrupted for any reason and shall deduct said street from the sweeping billing for that day. Contractor shall provide a list of streets not swept to the City by facsimile machine or telephone by the end of the workday. The City shall notify the Contractor by phone on non -sweeping conditions due to inclement weather. The City's notification will serve as a non -sweep day and will not be paid for by the City unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to the City for approval. i. Quality of Sweeping Street sweeper shall leave designated areas of sweeping free of dirt, litter, debris, obstructions, smears, and visual dust in accordance to the City's standards of cleanliness. Section D 1. Equipment Requirements Quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein within the hours of work specified herein, and an absolute minimum of two (2) primary sweepers and one (1) back-up sweeper shall be provided. Primary sweepers shall be a combination vacuum/broom function within the same unit and shall be used exclusively for the City under this agreement. The back-up sweeper shall be a vacuum/broom equivalent, AQMD Rule 1186.1 compliant, and shall be made available in case of breakdown of primary sweepers. A total of three (3) sweepers shall be required to perform street sweeping services. Vacuum/broom-type sweepers shall be used for the scheduled sweeping of residential streets/arteriai streets. All sweeping equipment used by Contractor for the City shall have the same curb mile cost. All equipment used by Contractor for the City shall meet City requirements and standards. 2. Alternative Fuel Equipment The City of Seal Beach requires that alternative fuel vehicles be used in the sweeping of its streets. Contractors shall provide test -proven documentation to verify the fuel's clean-buming efficiency. All equipment used in performance of this contract shall be in compliance with South Coast Air Quality Management District Rule 1186.1. All proposals, documentation and literature shall be included with completed specifications and contract documents prior to closing date and time. 3. Equipment Identification All vehicles shall have safety features and shall be painted a uniform color and shall bear in legible letters the Contractor's name and the following wording: "Contracted to Serve the City of Seal Beach." "Street Sweeping Contact — (562) 431-2527" 4. Type and Capacity Arterial and residential sweepers must be capable of sweeping a minimum eight - foot (8) width as measured from the outside edge of the gutter broom in a single pass along the curb. Street sweepers must have a minimum hopper capacity of three (3) cubic yards. At least one sweeper must be equipped with a left -gutter broom for median work; all others may be single or dual gutter broom machines. Contractor is required to have both mechanical broom type and vacuum/regenerative air or combination vacuum/broom (BAH) type municipal sweepers available for this contract. Alternative street sweepers will be considered if capable of meeting City requirements and standards. The type used in specific areas will be at the discretion of the City providing performance standards are met. Sample types include Mobile broom sweepers, Tymco 600 regenerative air sweepers, and Tymco 600 regenerative air sweeper with a broom -assisted head (BAH) and their equivalents. This is not to be considered an endorsement, and the City maintains final determination of equipment adequacy. Street sweepers used for bike lane and arterial street sweeping shall have an operational left/right arrow stick traffic control device mounted on the rear of vehicle's hopper. Additionally, a rotating 3600 safety beacon or comparable traffic safety light is required to be placed on roof of truck cab or atop hopper. Sweeper equipment operators shall wear protective clothing, equipment, and an orange safety vest at all times. 3. Maintenance Equipment shall be maintained both visually and operationally. Paint and body of street sweeper shall be maintained in good condition with no visible rust or body damage. Vehicle engines shall be routinely maintained as to insure a high level of service during all sweeping operations and must comply with all State or California Department of Motor Vehicles CAL -OSHA and all other applicable codes required by the state, county and City. Section E 1. Scheduling Requirements Contractor shall follow the sweeping schedule of residential and arterial streets as provided by City with special emphasis on the requirements of schools. Subject to City approval, the Contractor shall arrange residential sweeping routes to sweep areas adjacent to schools during times of least traffic and parked vehicles. Contractor shall conform to sweeping schedules as noted on maps and logs pre -approved by the City. No changes in sweeping schedules will be allowed without the approval of the City. Contractor shall complete all sweeping per schedule; mechanical failures or personnel problems shall not be the acceptable reasons for failure to comply. 2. Hours and Days All sweeping is to be done Monday through Friday except on City -observed holidays and holidays observed by City's franchised waste hauler. Some Saturday sweeping shall be required by Contractor for areas not swept due to holidays observed by City's franchised waste hauler. Saturday street sweeping shall be billed at the rate of 1.5 times the regular curb mile cost for arterial and residential areas. a. Street sweeping of residential streets shall occur twice per month Monday through Friday, 7:30 a.m. to 5:30 p.m. in accordance with City street sweeping maps and logs with the exception of Leisure World which is swept once per month. b. Residential street sweeping shall be performed one (1) day after trash collection day. If a City -recognized holiday falls within the Monday to Friday schedule, the regular schedule shall resume the day following the holiday with the fifth day of sweeping on the Saturday following the holiday. c. Street sweeping for arterial and commercial streets shall occur twice per month Monday through Friday, 10:00 p.m. to 7:00 a.m. in accordance with City street sweeping schedule maps and logs with the exception of Pack Coast Highway which is swept four times per month. If a City -recognized holiday falls within the Monday to Friday schedule, the regular schedule shall resume the day following the holiday with the fifth (5"') day of sweeping on the Saturday following the holiday. d. Main Street shall be swept Monday through Friday as shown in street sweeping maps between the hours of 2:OOam and 7:OOam. e. The 100 block of the Old Town area is to weekly as shown on the street sweeping maps. f. Contractor shall respond to after -hour emergencies within one (1) hour of contact by City personnel. Contractor will provide telephone number(s) of contact personnel for after -hour emergencies between 4:30 p.m. and 7:30 a.m. and maintain emergency call -out list. All changes to emergency call -out list shall be submitted to the City immediately. g. Contractor shall submit a complete sweeping schedule to be considered by the City. The schedule shall be approved by the City and meet time and quality requirements. h. All extra non-scheduled residential and non-scheduled arterial street sweeping work shall be performed within twenty-four hours upon notice by the City. All work deemed "emergency" by the City shall be performed the same day upon contact by the City within one (1) hour. i. Streets with certain residential areas or adjacent to apartments, condominiums or other areas where all-night street parking is prevalent shall be swept after 9:00 a.m. 3. Holiday and inclement Weather Scheduled sweep shall not be cancelled for inclement weather by the street sweeping contractor without approval of the City. During inclement weather a two-hour standby period between 7:30 a.m. and 9:30 a.m. will be observed before a scheduled residential sweep will be cancelled. The City reserves the right to suspend street sweeping functions on a day-to-day basis. Make-up sweeps will not be allowed due to holidays, inclement weather and cancellations without the approval of the City. The City will communicate via phone the specific street locations throughout the day of locations where debris needs to be removed. This effort shall not affect the regularly scheduled sweeping. Section F 1. Disposal of Debris and Temporary Transfer Sites Contractor shall dispose of all refuse and debris collected by his sweeping operations by hauling to a legally established landfill or area for disposal of solid waste. The cost for disposal, including dump fees, shall be included in the contract cost per curb mile. The City will not permit the contractor to establish a temporary transfer site within City limits nor will the contractor be allowed to decant into the City's sewer system. Section G Inspections and Handling of Deficiencies Inspections will be performed by qualified City personnel on a regular basis as well as spot checks and in response to complaints. Contractor shall meet on an as -needed basis within the maintained areas, with an authorized representative of the City for a drive through inspection. Said meeting shall be at the convenience of the City and may include residents of the community. In addition, drive through interim inspections may be required by the City. Any corrective work required as a result of a monthly inspection or any interim inspection by the City shall be accomplished to the satisfaction of the City within three (3) days of the notification of the Contractor's deficiencies. 2. Complaints The City shall receive and process citizen service requests and complaints. City will notify Contractor of corrections and any re -sweeps required following complaints. Citizen complaints will be noted in any subsequent unsatisfactory reports which may be filed against the Contractor. In the event that the results of a sweep are considered to be unsatisfactory, City will notify contractor of exact location and description of deficiency. The Contractor shall re -sweep the unsatisfactory area at its expense within the time limits specked in Section B-7. High visibility and/or unsafe conditions will need to be swept immediately. 3. Failure to Perform It is and will be impractical and difficult to ascertain and determine the actual damage the City will sustain by reason of delay in performance or deficiencies in performance; therefore, the Contractor shall forfeit and pay to the City the sum of $500.00 for each calendar day completion is delayed or performance deficiencies are noted, and such sum shall be deducted from any payments due or to become due the contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages for delays caused by acts of God. The City reserves the right to withhold payment for missed, incomplete or unsatisfactory sweeping performance. This clause may be used to enforce Contractor response time, and contracts for special and emergency sweep notification. 4. Default Repeated instances of failure to perform and/or continued disregard of the requirements of this contract shall result in cancellation of the contract. Issuance of two (2) unsatisfactory reports to Contractor by City shall be deemed breach of this agreement and shall be grounds for City to terminate this agreement. In the event of such breach, City may, at its option, notify Contractor of City's intention to terminate this agreement. City shall give notice of termination in writing, mailed to Contractor's most recent address on file with the City. This agreement shall be terminated forty-eight (48) hours from and after the hour such notice is deposited in the United States Mail in a sealed envelope properly addressed to Contractor and bearing prepaid first-class postage. In the event of the termination of this agreement for any breach or failure of performance on the part of Contractor, Contractor agrees to pay City upon demand the amount of any damage or loss sustained by City in the matter of street sweeping, including the advertising for and the letting of another contract therefore; for all increases in the City's cost of street sweeping incurred under such new contractor; and for all costs and attorney's fees incurred by the City in the cancellation of this agreement and the negotiation of such new street sweeping contract. The waiver of a breach of any of the terms of this agreement shall not cancel or in any way affect the right of the City to declare a default for any recurrence of the same or any other breach of this agreement. All changes proposed by Contractor regarding equipment, scheduling, type and capacity (see Section 0.1, Equipment Requirements, E.1, Scheduling Requirements, and 1. 1, Communication) will require prior approval by the City. 5. Permits Prior to the start of any work, the Contractor shall apply for applicable, no -fee, City permits. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City will waive its usual encroachment permit fees. 6. Public Convenience and Safety a. Traffic and Access Contractor shall conduct Contractor's work to interfere as little as possible with public travel whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways and walks, whether public or private, Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic will not be required when Contractor has obtained permission from the owner and tenant of private, or from the authority having jurisdiction over private property involved, to obstruct traffic at the designated point. Section H 1. Changes The City may at any time, by written order, direct that changes or extras may be made in the scope, specifications or route schedule in relation to this contract. If any such changes cause an increase of decrease in the cost of or the time required for performance of this contract, an equitable adjustment shall be made in Contractor's compensation or sweeping schedule and this contract shall be modified in writing accordingly and approved by the City hereto. Any claim by Contractor for any adjustment under this clause must be asserted within thirty (30) days after the date of receipt by Contractor of the notification of such changes. However, nothing in this clause shall excuse Contractor from proceeding with the performance of its obligations hereunder as so changed. 2. Additions/Deletions in Mileage Additions and/or deletions to the mileage, inventory or maps may be made as the City accepts new areas and/or relinquishes areas currently swept. Upon written notification to add or delete, Contractor shall be required to accurately measure the curb mileage/linear footage and submit a written detail of the addition/deletion for approval. Upon approval, a written change order will be issued stating the effective date of the change. All changes shall be made at the current contract mileage/linear foot rate. 3. Waivers Failure or neglect of either party to insist on the strict performance of any or all of the terms of this agreement or any of these specifications shall not be considered as, or constitute a waiver of any term or condition of this agreement or of any performance required there under. Section I 1. Communications Contractor shall maintain an office staff reachable by phone from 8:00 a.m. to 5:00 p.m. Monday through Friday except on legal holidays. Office staff shall have the capability of contacting sweepers and pickup equipment by 2 -way radio or equivalent. Contractor shall provide the City with contact personnel and telephone numbers, where designated staff can be reached during non -office hours within fifteen (15) minutes of call origination (5:00 p.m. to 8:00 a.m.) to be used in emergency/after-hour call -outs as specified in Section B.5, Special Street Sweeping, and B.6, Emergency Sweeps. The Contractor shall maintain a set of plans and specifications in sweeping vehicle at all times. 2. Nondiscrimination In the performance of the terms of this Agreement, Contractor shall not engage in, nor permit others he may employ to engage in, discrimination in the employment of persons because of race, color, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. Section J 1. Compensation Payment will be made on the basis of road curb miles times the amount bid per curb line mile for each category of road swept. No additional compensation for median curbs, painted medians, and median noses will be allowed. For all of the services which the Contractor is obligated to perform under the terms of this contract, the City shall pay to the Contractor once each month a sum equal to the amount specified in Contractor's Proposal, or as amended by any subsequent adjustments thereto and provided hereinafter. The Contractor shall submit a detailed invoice. City, upon receipt and approval of an accepted invoice, will make payment within thirty (30) days of receipt of invoice. 2. Method of Payment for Extra Work The Contractor shall present to the City an itemized list of all extraordinary maintenance on a separate monthly invoice for extraordinary maintenance work performed during the previous month. The City shall compensate Contractor within thirty (30) days of receipt of an itemized monthly invoice. The City shall compensate Contractor for such maintenance beyond the scope of routine maintenance according to the hourly rate listed in the fee schedule. 3. Invoicing Contractor shall submit an invoice for service performed. Scheduled sweeping and special sweeps shall be submitted on separate invoices, mailed or delivered t0_ City of Seal Beach 211 a Street Seal Beach, California 90740 4. Adjustment of Payment It is proposed that street sweeping services be provided for a period of three (3) years. Contract may be extended by written mutual agreement on a year-to-year basis not to exceed an additional two (2) years. The Contractor may petition the City for rate adjustments on the basis of unusual changes in his cost of doing business, such as revised laws or regulations, or changes in disposal fees over which the Contractor has no control. In order to justify such a rate increase, the Contractor shall submit financial and accounting data to the City which clearly substantiates the requested rate increase. After consideration of such financial and accounting data as submitted by the Contractor and any other relevant information, the City Council shall disapprove, approve, or approve with modification the requested rate increase. The decision of the City Council shall be final and conclusive. The Contractor agrees to abide by the City Council's decision. Section K 1. GPS Tracking of Sweeping Vehicles Assigned to City All street sweepers assigned to the City must be equipped with GPS tracking devices. Upon request, the contractor will be required to provide the City with GPS data that indicates the day and time residential and arterial streets were swept on any given sweeping day. � a a � to to p O Y U O O Z p p z w q N Oz S 0 O O = _ <UJ 11 < cr }ad0 dQ } J 2 2 W � U3 w Z >W> < W W N N W O f0 N Z W a3: W Y Q U) a- �- W W 0 W W F- J co O U j ee W Q <uj Cl < _ W W H I-- O Z 4 ea atl W Z n H I linyov W J O W Z U U) W Z IL W 3 U) STREET SWEEPING u,mn ARTERIALS & LEISURE WORLD m omm aw" r V --am�uu .ow AV i SWEEPING SCHEDULE 2ND & 4TH WEDNESDAYS THURSDAY. ONCE A MONTH IST & 3RD WEDNESDAYS EXHIBIT B Consultant's Proposal • Cleaning Your Environment STREET SWEEPING SERVICES EXCLUSIVELY FOR CITY OF SEAL BEACH OCTOBER 2, 2019 1937 W. 16911' Street Gardena, CA 90247 (800)225-7316 x108 TABLE OF CONTENTS SECTION COMPANY INFORMATION .................. ......... ................. ...... ... .. ... ...... 1 BIDSHEET ................................................................. ... ..... ..... .. .. ... ...... 2 INFORMATION REQUIRED OF BIDDER. ....... .................... ...... 3 REFERENCES ......................... 4 PROJECT MANAGERS RESUME ....................................................... _ ............ ....... 5 DESIGNATION OF SURETIES .............................................. ... ........ .. ....6 ACKNOWLEDGEMENT OF ADDENDA ........................ ......... 7 CONTRACTORS INDUSTRY SAFETY RECORD ........................... .... ....... 8 NON-COt1USION AFFIDAVIT ......................................... ..................................... 9 LIST OF SUBCONTRACTORS .................. .. . .......... ...... . . ......................10 BIDBOND ................. ........... _................................................................. Al (800) 225-7316 x103 a �t 1937 W. 169"' Street Cl—M.Q Yaur EnVlrOnmonL Gardena, CA 90247 alCOMPANY INFORMATION Cur„ iPahv IroFc�Rrwn r��n Business Name: Business Address: Business Type: Telephone: Fax: Clean Street, Inc. 1937 W. 169"' Street Gardena, CA 90247 S Corporation (800)225-7316 (310)538-8015 State Contractor's License No. and Class: #634131/ D-38 Sand and Water Blasting Original Data Issued: 10/30/2017 Expiration Date: 10/31/2019 OVVNL- r, mFU%?hi=; l it,)" Owner: Title: OMice Location: Telephone: Fax: Ercall: Jere Costello CEO/President 1937 W. 1691i Street Gardena, CA 90247 (800)225-7316 (310)538-8015 joostello@cieanstreet.com Name: Rick Anderson, Director of Business Development Telephone:(310)538-6986 Name: Jeremiah Costello, Fleet Manager Telephone:(310)436-6582 Name: Mike Zamora, Personnel Manager Telephone:(310)436-6560 Name: Jennie Gamboa-Moran, Dispatch Telephone:(310)538-6903 Name: Nita Moran, Controller Telephone:(310)436-6510 City of Seal Beach California PROPOSAL FOR STREET SWEEPING SERVICES BID SHEET NO. ITEM DESCRIPTION UNIT OF MEASURE YEARLY TOTAL EST. QTY. UNrr - PRICE — ITEM COST 1, Residential Streets Curb Miles 2,300 $41.00 S94,300.00 2• ArieriallCommercial Streets Curb Miles 1,894 S39.00 $73,866.00 4. Emergency Response t[R so S125-00 '6,250.001 Grand Total Bid Amount: 31 74,416.0 TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): s 174,416.00 _ Total Bid Price is Numbers One hundred -seventy four thousand, four hundred -sixteen Toot Bid Price in Written Form IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re -advertise, as appears to be in the best Page C-2 interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final motion under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, fixes, royalties, and fees. in the case of discrepancies in the amount bid, unit prices shall govern over extended arnow a, and words shall govern over figures- The City Merves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder airees that, if awarded the Contract, bidder will complete all work according to the contract documents. 10/02/2019 10/02/2019 Signature President Secretary Title If bidder is an individual, mere and signature of individual must be provided, and, if be is doing business under a fictitious sane, the fictitious name must be set forth. If bidder is a putaasMp or joint venture, legal nese of pwumshiprjoint venture must be provided, followed by sr patures of all of the pertners/joint venturers or of fewer than all of the pwuwWjoint veattmms if submitted with evidence of authority to ad on behalf of the partnership/joint venture. If bidder is a corporation, Iegtrl name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be aconowledpd before a Notary Public, who must certify that such partners, joint vcntturers, or officers arc known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors, Page C-3 INFORMATION REQUIRED OR BIDDER Bidder cantles wider penalty of perjury under the laws of the State of Calitmis Mat die tbllowing infor oadon is true and correct: Now of individual Contractor, Company or Corporation: Businoss Address:1937 W 169th Street Telaphpre and Fix Nue,bar. 800-225-7316, faX: 310-538-8015 California State Contractor's License No. and Class: 634131 / D-38 Sand and Water Blasting MWIRM ATTIME OF AWARD) Original Dow [sawed: Expinition x:1_0/31/201 9 List the name and thlalposkion of the person(s) Who inspected for your thin the site of the work proposed in dwoo contract doamaam: Rick Anderson, Director of Business Development Tire ibilowlag are Ma names, tides, addreaas, end pbow numbers of all individuals. low members. partners, joint ventures, and cooWy or corporate *Ricers having a principal taterest In &is proposal: Nanta Title A&bm Telephone Jere Costello, CEO/President (800)225-7316 x 101 Jeremiah Costello, Secretary (800)225-7316 x 105 The above members may be reached at 1937 W 169th Street, Gardena, CA 90247 corporation organised order the hws of Me sate of California The dates of any voluntary or tnvoMwy Wmkn wy judrocuts against any principal loving an interest in this proposal are as folkrwo: None. rage C-4 All cwmu and prior D.B.A.'s. aliases, and Retitious business names for any principal having interest In this proposal aro as bilows: CdranM SusN wiM.nence. Inc For all arbitrations, lawsui% settlements or the like (in or out of court) you have bean bwolved in wIM Project owners (public a®ewic% private comPw %etc...) in the past Rye yam (Aeeeb additioW Sheets iffy) proves Provide the names. addresses and telephone numbers of the parties; Briefly shrnmarine Me patties' claim and defenses; NWO State the tribunal (ie.. Superior Cart American Arbitration Aaeodrition. etc.) the mateer number and outcome. Have you ever bad a contract terminated by the owner/agency? if so. nphrn. Noy. Have you ever failed to complete a project? If so. explain. No Have you ever been terminated for cause and then bad it converted to a "termination of convenience".p if so. exphhhh Na For any projects you have ban involved with in the last S years did you have any claims or actions: Circle One I By y sins[ the owner? Yes N 2. By tcr against you'' Yes 9 Page C -S 3. By any outside agency or individual for labor compliance (i.e. 6silum to pay prevailing wage, falsi vwdrled payrolls, etc..) 4. Ya X.Noj S. By S tractors (Stop Notices, tic.) Ya Iko 6. Ate awrtfiims or actions unresolved or oubtandW Yes {TIo) if yes to any of the above, explain. (Attach additional sbeets, if macessary) Failure of the bidder to provide ALL ngwsbd information in a complete and w u nUe amtner may be considered mon-ruponsive. Subscribed an4swom t! �efw jw By This�1__ day of t�b j/ ism jaw (Si re o NotaryRepublic) (SEAL) OW J MOANCont / 22�t557 -"' WKK•CAU�acaw E. Awe n. m2 ; Page C-6 .dere. Coskito cea iaaa2o�a (Doe) — (Sigr moure of Saremy of Corporation) CALIFORNIA ALL40UPPOU ACKNOWLEp6MtNT CML CODE 5 1180 A notary pubic or other officer completing this certificate verifies only the Identity of the thdh kkW who slgrwd the document to which this certifieate is attached, and not the trut fulness. accuracy, or MAN* Of that docunw 1. State of CaW !a ) Countrny On of ;Z AW1 before me, �Naw Date nn � Here Insert and Me of personally appeared Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(aj whose narrw(s) is/em subscribed to the within instrument and acknowledged to me that he/ohs" exehcuW the ante in NsAMVWwir authorized capac*y(e* and that by his/he Aheir signature" on the instrument the persm(e). or the entity upon behalf of which the persons) acted, executed the inshiatte d. O,W d MMI Coor.i 2241591 rowan PMM'Celiac.. til acs Aman coos, caw e. Am s z4m 1 Certify under PENALTY OF PERJURY under the Iowa of the State of California that the foregoing paragraph Is true and correct. WITNESS my bipd and oRic;W seal. Signature -- ;f� 7?7tkL` Signatue of Notary iputlkc PJece Notary Seal Above OP77ONAL Though this section Is optional, completing this information can deter aKeration of the document or fraudulent reattachment of this form to an unintended document. Description of AMAched Docurnad Title or Type of Document: Document Dale: Signer($) Other Than Named Above: Cs"CHy(ies) Cisinted by Sipner(s) Signers Name: O Corporate Officer — Tide(s): ❑ Partner — ❑ Limited O General * Individual ❑ Attorney in Fact O Trustee D Guardian or Conservator ❑ Other: Signer Is Representing: — Number of Pages: Signer's Name: ❑ Corporate Officer — Titie(s): O Partner — D Limited O Gen" O Individual O Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: -- — 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Rem 115907 REFERENCES: Contractor must use thio form!!! Please print or type. Bidders Name CleanStreet FAI LURE OF THE BIDDER 70 PROVIDE ALL REQUIRED 04FORMATION N A COMPLETE AND ACCURATE MANNER MAY BECO For all public agency contracts you have worked an (or aro cwmdy working on) in the post 2 years in excess of S 15,000. provide the following Information: I Agency Name Edco- City of Buena Park Contadparson Efrain Ramirez Telephone( ) 714.522.8344 Original Contract Amount s 43,250/month Final Contract Amount S 48,237/month If tical amount is different from original, please explain (change orders, aztr9 work. ate.) change orders, extra work, consumer price increase Did you file any calms against da Agency? Did the Agency file cry chirps 8891101 yon/C000001ol? If yes, briefly axphin and bullate outcome of claims. No. No. Agency N.nDe Edeo - City of Rancho Palos Verdes Com act Person Efrain Ramirez Tom ( ) 714.522.8344 Original Contract Amount s 18,020.00 Final Centrad Amount S 18,642.40 If final amount is dif brant koro original, please explain (dwnge orders. aura work, oto.) change orders, extra work, consumer price increase Did you file any claims against the Agency? Did the Agency file any claims against you/Conbuctor? If yes, briefly explain and Indicate outcome of claims. No. No. AaeneyName City of Garden Grove Page C-7 comact Perso, Mark Ladney Telephone ( ) 714.741.5382 orWnal consrect Amounts 43,003/month Final Contract Amount s 61,191 /month If final amount is difFtrent from original, please explain (change orders, extra wort, etc.) change orders, extra work, consumer price increase Did you file any claims against the Agency? Did the Agency Ale any claims" Must youConnactort if yes, briefly explain and indicate outcome of claims. No. No. ,4prc, Hama City of Paramount contact pwm Adriana Figueroa Telephone( ) 562.220.2000 original cormact Amount s 16,067/month Final Contract Amount s 16,716/month If Mal amount Is difiaent Aum original, please explain (change ondaa, extra wort, etc.) consumer price increase Did you file any claims gpinst the Agency? Did the Agency file any claims apfast you CaatrackO if yes, Mietiy explain and ladleate outcome of claims. No. No. Amy Name City of Culver City C,,wP,. Kim Braum Telepnora ( ) 310.253.6400 original contract Amount s29,721 /month Find co,4mot Amount s 31,801/month If tins) amount Is dif ant than original, please explain (change orders, extra wort, est.) change orders, extra work, consumer price increase Did you file my claims against the Agency? Did the Agency file any claims against you/ContracW If yes, briefly explain and Indicate outcome of claims. No. No. Page C-8 Agemy Name City Of Hawthorne couma pum Ray Grothaus Telephone 480.627.2700 Oronal Con&M Ainotum g 27,291 /month nW Contract Amount s 28,110/month If final amount is different foam original. please explain (change orders. extra work, etc.) consumer price increase Did you file any claims against 6a Agency? Did the Agency Me any claims "zinc you/Connee r'11f yes. briefly explain and indicate comma of claims. No. No. Attach additional sheets if neeamy. Attach to this Bid We experience resume of the person who will be designated as Supwinseudent ibr the Comtrr OW. Upon request. the Cormactar ?hall attach a fb mreisl ststemart and other informs ion sufttciewly comprehensive to permit an appraisal of die Cowp swan's currmrt financLt conditions. Page C-9 Section C PROPOSAL Bidders Name THE HONORABLE MAYOR AND CITY COUNCIG_OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non -Collusion Affidavit; (2) -bidder has carefully examined the Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information firrnished therefore and the site of the proposed work; and (3) -bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this proposal is (Circle one "cash", "a Cashier's Check", "a certified check", or "a Biddees Bond in the form furnished by the City", as the case may be) in the amount of $ , an amount equal to at least ten percent (10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award, the cash, check or bond shall be forfeited to the city in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section -20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for this project in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the Deputy Director of Public Works, at the following prices: The contractor shall perform all work under this contract for a period of thirty-six (36) months. The term of this contract may be extended for two additional one-year terms, based on performance and at the option of the City starting from the day after the issuance of the Notice to Proceed. Page C- I RICK ANDERSON RICK ANDERSON Director of Business Development / Supervisor 410, EMPLOYMENT HISTORY. CLEANSTREET . ...I ............ . ...........1989 TO PRESENT Current Responsibilities: • Oversees daily operations. • Contract management • Develops new business. • Ensures safe operations and promotes proactive culture for safety. • Monitors and reviews GPS tracking system reports. • Oversee and supervise the daily maintenance and cleanliness of all vehicles. • Conducts meetings to discuss daily operations performance, regulatory issues, client concerns and company policies and procedures. • Responsible for ensuring compliance of all state and Federal laws and regulations. - Education: • Bachelors of Science, University of Southern California (USC) • Jurist Doctorate, Southwestern University School of Law Professional Skills: • Bilingual: Spanish and English Professional and Trade Organizations: • L.A. and Orange County Chapter — Maintenance Superintendents Association (MSA) • North American Power Sweeping association (naPSa) (800) 225-7316 x108 UC1e&tStrt4,-t 1937 W. 169`h Street "°.°" .' Gardena, CA 90247 DESIGNATION OF SUMMIRS BWdw's i CleanStreet Provide the mors, addresses, and phone nwnbers for Nl beakers and sawies Awn whaa Bidder ire M& to proem irnrrraace and bonds (lint by irnrrrwmtond type). Surety's Name: The Hanover Insurance Group Company NAIC #: 22292 Address: 440 Lincoln Street, Worcester, MA 01653 Phone: 508.853-7200 Bond Agent: Global Risk, LLC Address: 800 Wilshire Blvd. 2nd Floor, Los Angeles, CA 90017 Phone" 213-550-2253 Per C-10 ACKMOWLCDGEMBN'r pR ADDENDA Bldd... Baa CleanStreet The bidder Shall aiP* FNWP of all Addenda hare, if any; PWC -11 CONTRACTOR'S INDUSTR/AL SAFETY RRCORD TO ACCOMPANY PROl1OSAL 2013: $15,409,298.00 2014: $17,103,050.00 Bidder's Name cieanstreet 2015: $19,281,443.00 Record Last Five (S) Full Years 2016: $20,492,041.00 Current Year of Recons 2017: $20,916,488.00 The information required for these items a the awe as ts+gtur I - m r oomrmas .2 io v, %-uuc 1 v, %mcupauwra, Injuries, Summary--Occupatiotal Ittjeft and Mita mm OSHA No. IOZ. Le4al SuAwn Nara of Bidder Business Address: Business Td. No.: State Contractors License No. and ClsssilicItim Tids The above information w�� iled t,hee, under penalty of perjury Y'at :OA; - Signature of bidder Date Tick Signature of bidder Data Title Signature of bidder Date Title Signature of bidder Date Title Sacralary ckansu" 1937 W 18991 Sutra" 90476-7316 634131 - 0.38, Water and SandbIMIng dei are available to me at MIS 1Irn9 SW I sec accursic within the limitations of those records. Page C-12 Current 2 2 2 T Year of 0 0 0 Toud � , , �� Year Record s a No. of contracts 99 157 656 Tod dollar r120r35145 $93,202,323. Amount of Contracts (in Thousands or $) 0 0 0 No. of Atalitiea 0 No. of bat Workday Cases 1 2 2 0 11 No. of lost 1 3 5 1 4 1 4 workday cam involvms permanent transfer to another job or "Minstion of The information required for these items a the awe as ts+gtur I - m r oomrmas .2 io v, %-uuc 1 v, %mcupauwra, Injuries, Summary--Occupatiotal Ittjeft and Mita mm OSHA No. IOZ. Le4al SuAwn Nara of Bidder Business Address: Business Td. No.: State Contractors License No. and ClsssilicItim Tids The above information w�� iled t,hee, under penalty of perjury Y'at :OA; - Signature of bidder Date Tick Signature of bidder Data Title Signature of bidder Date Title Signature of bidder Date Title Sacralary ckansu" 1937 W 18991 Sutra" 90476-7316 634131 - 0.38, Water and SandbIMIng dei are available to me at MIS 1Irn9 SW I sec accursic within the limitations of those records. Page C-12 If bidder Is h individual, name and sigtmhn of individual must be provided, and. if he is doing busbtess under a fiditfous name, the fictitious now must be at fix*. If bidder is a parawn hip or join ventnro, legal name of partnpAWOiat venose must be provided, fbilowed by sigrapu n of an of the PWOMsljabtt vannas or of few than of I of dro pa vwwjObft vont M if wbmitted with evidetme of audwity to act an behalf of the petttteeshWoim venae. if Mar is a corporation, kgai ttaese of Ootpotation mmc be PMMd. followed by notarised s4utum of the corporation Prastdeat or Vice Pteaideut car Aeside� and Seaetaty or Assistant Saxatary, end die corporate seal. sign" es of parttM jobs vemwets, or corpora lOn ofltoers mast be adtnowbd®ed before a Woury public, who smut unify that such Partttwsljofnt venuets, Or 0010" aro bw m to hon or her to be such, and, in the case of a cogxws M OW such corporation executed the lashument pursuant to its bybtws or a msolwioa of bs Board of Dkfttom Page C-13 NON -COLLUSION AMDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of Ca6fomia )9S. County of Los Myelsa b in& first duly wom, deposes and says that lea-- br she is of An . the panty making the foregoing bid, in accordance with PublioWntracts Code Section 7196, declares that the bid Is not taade in the interest of, or on behalf of any undisclosed person, pairmership, company, associatim ofgattisation, or corporation; do the bid is genuine and not collusive or sham; that the bidder has not Owdy or indirectly itWuced or solicited any other bidder to put in a Use or sham bid, and has not directly or indirectly colluded. conspired. connived. or agreed with any bidder or arhyone else to put in a slism bid, or that anyone shall rehash boort bidding; that the bidder has not in any manner, directly or hoditectly, sought by agreement, communication. or conference with anyone to 6x the bid price of the bidder or any other bidder. or to 6x any overhead, profit. or cost element of the bid price. or of that of any other bidder, or to secure any advanosge against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid am true; and. further, that the bidder has mot, dim* or indirectly, submitted his or her bid price or any breakdown dwreof, or the cotes Hereof, or divulged information or data relative therato, or paid, and will not pay, shy fere to trey corporation, per mership, company, t omWohn, orpninflon, bid depository, or to any member or spot themofto etlteeurmte a collusive or dam bid Street Sweeping Services "ed Wome: CleanStreet Legal Business Name of Bidder 1937 W 169th Street, LW Angeles. CA 90247 Business Address bidder Title 10/02/20 Z/022019 DM: Subscribed and Sworn to before me on (Notary Sed) MORM, Comm 8 2244597 Is t.....•..� for Anes Cour1 V. raw E» !wf 26, 2032 � Pop C-14 6 MW CAUFORINA ALL -t tIRPOW ACKMOWLiOaMf MT CML CODE g 1189 A notary Public or other ollicer compleft ties certi9cate verities only the idway of the krdMdud who signed the (1oarrt ad to which this owlillcate Is attadod, and not the tndhfu4ms, accuracy, or vddky d go dompont i • �>> . .:. _ _ 'rte/L.. who proved to me on the basis of satisfactory evidence to be the person(a) whose names) Ware subscribed to the within Instrument and acknowledged to me that hakikenh y executed the same in hisrler/their authorized capacity(ies). and that by hie4wAheir signatures) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instnnrarrt. S j. NORAN ` Corra.1597 N + Neue.run,c•uuraw,r► N w oa161i►' - >w ior> I certify under PENALTY OF PERJURY under the laws of the State of C&W omia flat the fonsgdng paragraph Is true and correct. WITNESS my d and oTcW seal. Signature C _ AVot AbAvy Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter atterstfon of the document or fraudulent reattachment of this form to an uninterrdlsd document. DescrOdon of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): O Partner — O Limited O General O Individual O Attorney in Fact o Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: Number of Pages: Signer's Name - 0 Corporate Offer — Tld*): O Partner — o Linked O General O Individual ❑ Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org • 1 -1100 -US NOTARY (1-8011-876-6827) ken #5907 LIST OF SUBCONTRACTORS TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Code Section -4104, the undersigned bidder submitting this bid proposal sets forth the rause, place of business and the portion of the work to be performed by: (1) -each subcondacoor who will perform worst or labor or render service to the bidder (as general Contractor) in or about the construction of the work or improvement and (2}e subcontractor licensed by the State of California who, under subcontract to the bidder, specially fabricates and Installs a portion of the work or i eprovemem according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid or, in the can of bids or offers for the construction of streets, highways or bridges, in excess of one-half of one percent of the bidders total bid or sen thousand dollars (S 10,000), whichever is greeter. Subcontractor's Name, Address, Telephone 0 Bid Nap Number Percent Of Total Bid Descripdon of Work Percent of Total Bid Page C- 15 Bond No. NIA Bond Premium NIA BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS than. WHEREAS the City of Seal Beach, has issued an invitation for bids for the work described as follows: street sweeping services WHEREAS (Name and address of Bidder) ("PrinCl pal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to flrnish a form of bidders security with their bid. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Sumly") a duly admitted surety Insurer under the laws of the State of California, as Surety are held and firmly bound unto the Public Agency in the penal sum of IML nt Ammin* who uauara h t - m �, «t I V • D o ), being not less than ten percent (10%) of the total bid price, in lawfal money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs. vocutors, administratom successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBWGATION IS SUCH THAT, If the hereby bounded Principal is awarded a contract ibr the work by the Public Agency and, within the time and in the manner required by the bidding specifications, eaters into the written form of contract included with bidding speeiHcwtons, firaishes the mquired bounds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and fiunisbas the required insurance coverage, than this obligation shall become null and void; otherwise, it shall be and remain in fall force and oflZnct. In case suit is brought upon this bond, Surety fbrther agrees to pay all court casts incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code 12845. IN WITNESS WHEREOF, this instr intent has been duly exacuted by Principal and Surety, on the due set lord below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned teptesentetive(s) pursuant to authority of its governing body. Dated. wmwig "Principal" The Mrnovu kwwa m Compmy Q &qjA — By:.By: lcs Its V - zld_ By: r Cos a llo _ ey PaVic* T Yoghm. Alk"Wm-fact its its (W (sew) Note: This bond must be dated, all shutes oust be notariaed, and evidence of the authority of any person signing as attorney-in-fact must be auwJw . Page C-17 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and exishng under the taws of the State of Michigan, (hereinafter individually and collectively the 'Company) does hereby constitute and appoint. Patrick T. Moughan, Mark D. Kiger, Alec D. Martinez, andfor Jing Guo Mason Of Global Risk, LLC of Los Angeles, CA each individually, A there be more than one named, as tits true and lawful altorney(s)-in•fact to sign, execute. sea. acknowledge and deliver for, and on ds behalf, and as its ad and deed any place within the United States any and all surety bonds. recogmzances. undertakings or other surety obligations The execution of such surety bonds. recugru.ances, undertakings Or surety obligations in pursuance of these presents strati be as binding upon the Company as if they had been duty signed by the president and altested by the secretary of the Company. in their own proper persons Provided however, trial this oower of attorney limits :he acts of those named herein. and they have no atrlthonly to bind the Company except in the manner staled and to the extent of any limitation stated below' Any such obligations in the United States, not to exceed Fifty Million and No/100 ($50,000,000) in any single Instance That lois power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED. That the President or any Vice President, in 0014undion with amy vice President. be arta they hereby are authorized and empowered to appoint Attorneys -in -tad of the Company, ,n its name and as d ads. to execute and acknowledge for and on as behalf as surety. any and all bonds. recognizances, cons m acts of inderuty, waivers of ratalm and a0ther owritings obligatory m the nature (hereof, with power to attach (hereto the seal of the Company Any such writings SO executed try such Atomeys-in tad shag be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in them own proper parsons RESOLVED. That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and cenificalion in respect thereto. granted and executed by the President or Vice President in con unction with any Vice President Of the Company, shall be binding on ft Company to the same extent as H all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14 1982 - Massachusetts Say Insurance Company Adopted September 7. 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY. MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with there respective corporate seals, duly attested by two Vice Presidents, this 291° day of March, 2017 Th. rr.n rns,r.nc• Con,p.ny nal -cornetts a.y Ios,}ance Company Raees Irourooc. Cern ey of A_1.. Jcwhn C Roche EVP and hesrdent THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )SS IM iY rev.♦ trwuroncr i:emp. wy Mraa.chuswtt • Br y Inaur. nee CemP. ny eitc- CnmP..v f Am. m. ,L. .-. -1 " -.C+ JamesH Xawieelo. Vice Resident On gas 2911 day of March, 2017 before me rame Ore above named Vice Presrdenis of The Hanover Insurance Company. Massachusetts Bay insurance. Company and Citizens insurance Company of America to me petsonaby known to be the ,ndividuals and officers described herein, and acknowledged that 010 seals affixed to the preceding instrument are the corporate seals of The Hanover krsurarwe Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duty affixed and subscribed to said instrument by the authority and direction of said Corporations ra a. 1. the undersigned Vice President of The Hanover Insurance Company htassachusats Bay Insurance Company and Citizens Insurance Company Of America. hereby certify (hat the above and foregoing ,s a full true aril correct copy of the Ongrna+ Power of Attorney issued by said Companies and do hereby further certify that the said Powers of Attorney are still in force and effect GIVEN under my hand and the seals of said Companies, at Worcester. Massachusetts, this 25th day of September. 2019 CERTIRM COPY iii val,�n: G 4tnn,r., v�cc �i'n ,d.,n CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of dos Angeles - } On (� ZS ��°' before me, Zipporah D. Kiger, Notary Public roma name end um or This Mail personally appeared Patrick T. Moughan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)0are subscribed to the within instrument and acknowledged to me that (Se he/they executed the same in4iis! er/their authorized capacity(ise), and that by is edtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. ZIPPORAH D KIGER WITNESS my hand and official seal. Notary (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached doc mnt!) (Title or description d auchad donraenl eoritnued) Number of Pages _ Document Dale CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer t,. e, Partner(s) Attorney -in -Fact Trustee(s) Other 2015 Verson www NotafyClasses cum 800-673-9865 ( ' " t Commission No 2190589 z = I ,ri 1 NOTARY PUaIIC r;µ1f(W4pA n \\ -' t ON AW -A t b. rtgttl rY r INSTRUCTIONS FOR COMPLETING THIS FORM hits /onnr complies wuh current CaltJorrua saaaes rego►dms aotary wordieg a•td r/rterded rhould be caeplrred and attached so the Boca um Aetorowkdesnrts from other aatrs mud be . ompleted jor .Jorcumena herrg sent to abm store sv" as the rvordntg does riot require the Calms notary to rioiale CaWomis eatery true • State and County information must be du State and County where the document signals) personally appeared before the notary public foradutowledgmeni • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowlcdgmerut is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the numc(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular tar plural forms by crossing off incorrect farms (i e hdsheRhtry- is two ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • the notary seal rmprcssixn must be clear trial photographically reproducible Impression must not cover text o lines If +nal impression smudges. rt -seal of a sufficient area permits, otherwise complete a different adnowledgmem form • Signature of the rotary public must match the signature on tole with the office tai the county clerk +} Additional information is not required but could help to ensure this acknowledgment is not misused or attached too ditfererm document b Indicate title or type of attached document, number of pages and dale 4 Indicate the capacity claimed by the signer If the alarmed capacity is a corporate officer, indicate the Lille (i c CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple City of Seal Beach Street Sweeping Services, bidding on October 3, 2019 10:00 AM (Pacific) Addenda Addendum - Released Addendum Num Addendum 01 Addendum Date 09/18/2019 Release Date 09/18/2019 G��'�`r a =7 Me Non-Prevei6ng Wage Description This project is NOT prevailing wage. No Attachments PlanetBids, Inc. Page 1 Printed 1011x2019 EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. ACORLr CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) r1.,.3/2019 TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .......... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomemen s . PRODUCER Marron insurance Services/Global Risk, LLC 1891 N_ Gaffey Street, Suite 203 San Pedro, CA 90731 License #OE63455 CONTACT NAME: PHONEWc,N 310-514-8425 FAX No, 310-514-8688 EO IL _ becky@marronins.com INSURER($) AFFORDING COVERAGE NAIC 8 INSURERA. United States Fire Insurance Company 21113 INSURED CleanStreet, Inc. DBA: California Street Maintenance 1937 W 169th Street INSURER B: Alaska National Insurance Company 38733 INSURER C: INSURER D: INSURER E Gardena, CA 90247 INSURER F EACH OCCURRENCE $ 1,000,000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBERPOLICY EFF POLICY LICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY X X 506-896201-8 04/01/19 04/01120 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR PREMISES (Es occurrence $ 1,000.000 X 1 Contractual Liability MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY s 1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRO -POLICY a n GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ w 2,000,000 JECT LOC $ OTHER: A AUTOMOBILELIABILITY X 506-896201-$ 04/01/19 04/01/20 CaMBINEDISINGLE LIMIT $ 1,000,000 AMY AUTO BODILY INJURY (Per person) S OWNED SCHEDULEDAUTOS BODILY INJURY (Per accident) s Pi ONLY AUTOS HIRED NON-OWNEDY ONLY X AUTOS ONLY PROPERTPERTAUTOS DAMAGE r n S $ A X UMBRELLA LIAB X OCCUR 523-809816-3 04/01/19 04/01/20 EACH OCCURRENCE S 5,000,000 EXCESS LIAS CLAIMS -MADE Follows Form AGGREGATE $ 5,000,000 DED RETENTION E _ 3 B WORKERS COMPENSATION X 190WS08875 04/01/19 04/01/20 H_ X ANO EMPLOYERS'LI&BILITY YIN S7ATUT' ER E.L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETOR/PARTNERIEXECUTrVE OFFICER/MEMBEREXCLUDED? 7 NIA E, L. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory In NH) M yes, describe under E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached if more space is required) City of Seal Beach, its Directors, Officials, Officers, Employees, Agents and Volunteers are named as Additional Insured per attached endorsements. **10 Day notice will apply for non payment of premium.** City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights M%'W cU 40 tcU'Io/vs) 1 ne ACUKU name and logo are registered marks of ACORD Gloria Harper From: Jennifer Robles Sent: Thursday, November 21, 2019 10:40 AM To: Gloria Harper Subject: Clean Street Hi Gloria, Per Steve, this agreement does not require professional liability insurance. Please let me know if you have any questions. Thank you, Jennifer Robles Executive Assistant Public Works & Community Development City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1326 fps YV`}. V��MM -' C"WS4 COMM Civility Principles: 1. Treat everyone courteously; 2. Listen to others respectfully; 3. Exercise self-control; 4. Give open-minded consideration to all viewpoints; 5. Focus on the issues and avoid personalizing debate; and, 6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. For Information about Seal Beach, please see our city website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. POLICY NUMBER: 506-896201-8 CLEANSTREET, INC. DBA: CALIFORNIA STREET MAINTENANCE COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Locations Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU ANY LOCATION WHERE YOU ARE ARE REQUIRED BY A WRITTEN CONTRACT TO REQUIRED BY A WRITTEN CONTRACT TO ADD AS AN ADDITIONAL INSURED ADD A PERSON OR ORGANIZATION AS AN ADDITONAL INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply- This pplyThis insurance does not apply to "bodily injury" or "property damage" occurring after: 1.A I work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or re- pairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered op- erations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing opera- tions for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 POLICY NUMBER: 506-896201-8 CLEANSTREET, INC. DBA: CALIFORNIA STREET MAINTENANCE COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM ANY LOCATION WHERE YOU ARE YOU ARE REQUIRED BY A WRITTEN REQUIRED BY A WRITTEN CONTRACT TO CONTRACT TO ADD AS AN ADDITIONAL ADD A PERSON OR ORGANIZATION AS INSURED AN ADDITONAL INSURED Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". SUCH COVERAGE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHALL BE PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE NON-CONTRIBUTING WITH THE COVERAGE PROVIDED UNDER THIS POLICY. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0