Document elcerrito_gov_doc_d602121ba8

Page 1 of 23 CITY OF EL CERRITO REQUEST FOR PROPOSALS TO PROVIDE STREET SWEEPING SERVICES The City of El Cerrito ("City") requests proposals from qualified street sweeping companies or agencies (“Contractor”) to provide street sweeping services. 1. Services Requested Furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping services in the City. The work involved shall include mechanical sweeping of all curbed flow-lines, including all cross gutters, streets and paved center median islands. The description of areas to be swept consist of all designated streets located within the portion of the City described in Attachment 1 and Attachment 2. 2. Term Unless earlier terminated as allowed for in the Draft Agreement (Attachment 4) the term shall be for a period of five full fiscal years. The term is intended to commence in October 2014, after City Council approval of an agreement, and terminate on June 30, 2020. The term of the agreement shall be extended for up to five additional one year terms with the extensions to commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the agreement at the conclusion of the initial term or any extension. 3. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: a. Sweeping in all areas shall occur per the schedule described in Attachment 1 and Attachment 2. b. Contractor shall maintain the sweeping schedule as approved by the City and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency. c. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge. d. Additional sweeps requested by the City for unsatisfactory performance shall be responded to immediately. e. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 2 of 23 f. The City reserves the right to add additional streets and/or other right-of-way to the street schedule. The Contractor shall provide any additional sweeping services at costs agreed to by the City and the Contractor. g. Contractor shall be responsible for disposal of all street sweeping spoils collected by hauling the same to the City of El Cerrito Solid Waste Transfer Station location at 7501 Schmidt Lane, El Cerrito. Contractor shall be responsible for disposing of all street sweeping spoils into bins designated by the City, and shall be responsible for immediate clean-up of any materials spilled out of trucks or designated bins. h. The City shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. i. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for street sweeping services not performed. j. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. k. Contractor will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum the Contractor shall provide equipment with regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. l. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM10 requirements. 4. Proposal Format Proposals are to be submitted in envelopes clearly marked with the Contractor's name, address and phone number. Proposal packages including five copies of the proposal are to be submitted to the City on or before September 30, 2014 at 5 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Yvetteh Ortiz, Public Works Director City of El Cerrito 10890 San Pablo Avenue El Cerrito, CA 94530 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 3 of 23 5. Selection Process It is the City's intent to select the Contractor with the best combination of qualifications and cost proposal. The proposals received by the City will be reviewed by a Selection Committee comprised of City staff. The Committee will rank the proposals for agreement negotiations based upon the materials submitted by the proposing Contractors. The Committee may choose to interview two or more closely-ranked Contractors, but will not expect or schedule time for elaborate presentations. Contractors are encouraged to keep their proposals brief and relevant to the specific work required. The City will open agreement negotiations with the top ranked Contractor. The successful Contractor will be expected to enter into the attached Professional Services Agreement (Attachment Proposals shall include the following items submitted in five complete copies: a. Cover Letter i. The name, address and phone number of the Contractor's contact person for the remainder of the selection process. ii. Any qualifying statements or comments regarding the proposal, the information responsive to the criteria specified in the request for proposal for street sweeping services and the proposed the proposed Agreement. iii. Proof of commercial general and automobile liability insurance, as specified in Section 10 "Insurance" of the attached Agreement. iv. Identification of subcontractors and their responsibilities. b. Statement of Qualifications i. A listing of proposed project personnel, including personal experiences and individual resumes for prime contractors and sub- contractors. ii. Contractor's and subcontractor’s experience with similar work, including names and current phone numbers of reference for existing and past clients. iii. A listing of proposed project equipment, including street sweepers and other equipment. iv. A listing of any relevant certifications, permits, or licenses for personnel, equipment, or the Contractor. c. Cost i. The Contractor is to submit a detailed cost proposal for all services and materials anticipated in completing the project using the forms provided in Attachment 3. 6. Questions Questions about this Request for Proposals should be submitted to Garth Schultz, Operations + Environmental Services Division Manager via email to [EMAIL REDACTED] by September 19, 2014. Responses to all questions will be posted by September 22, 2014 to the City’s website at http://www.el-cerrito.org/proposals.aspx ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 4 of 23 ATTACHMENT 1 Technical Specifications A. Commercial. On a once per week basis, sweep curbs (and gutters, and median curbs where present) to remove litter and debris. Sweeping in these areas to be performed between the hours of 12:00 midnight and 6:00 a.m., at a frequency of once per week. Document and report work performed to City in commercial areas defined as: Street Limits Median Length One-Way [LF] Approx. Length One-Way [LF] San Pablo SCL to NCL 13,500 13,500 Schmidt San Pablo to Liberty 0 700 Portola San Pablo to Liberty 0 700 Moeser San Pablo to Richmond 1,400 1,400 Liberty Hill to Key 0 400 Key Liberty to Cutting 0 350 Carlson San Pablo to NCL 1,950 2,200 Fairmount Carlson to Colusa 650 3,500 Central Carlson to WCL 700 1,700 Stockton San Pablo to Ashbury 0 2,200 Potrero S. 55th to San Pablo 460 800 Eastshore Blvd. Potrero to San Pablo 0 950 Hill San Pablo to Liberty 0 1,400 Cutting Key to WCL 0 950 Kearney Knott to Cutting 0 400 Kearney Potrero to Madison 0 850 Kearney Conlon to Wall 0 700 Conlon San Pablo to Kearney 0 150 Knott I-80 to Key 0 950 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 5 of 23 Wall San Pablo to Kearney 0 200 NCL = North City Limit SCL= South City Limit WCL = West City Limit Commercial Approximate Totals = 18,660 34,000 LF B. Residential Arterials. On a twice per month basis, sweeping curbs (and gutters, and median curbs where present) to remove litter and debris. Sweeping in these areas to be performed between the hours of 6:00 a.m. and 9:00 p.m., at a frequency of twice per month. Document and report work performed to City in residential arterial areas defined as: Street Limits Median Length One-Way [LF] Approx. Length One-Way [LF] Richmond Fairmount to Potrero 0 6,200 Ashbury SCL to Fairmount 1,800 1,800 Ashbury Fairmount to Moeser 0 5,000 Arlington ECL to NCL 0 12,500 Cutting Pebble Beach to Key 0 5,000 Colusa SCL to Eureka 0 2,100 Kearney Manila to Schmidt 0 650 Manila San Pablo to Schmidt 0 200 Moeser Richmond to Arlington 850 5,600 Barrett Arlington to Carlston 0 4,400 NCL = North City Limit SCL= South City Limit WCL = West City Limit Residential Arterials Approximate Totals = 2,650LF 43,450 LF C. Public Parking Lots. On a twice per month basis, sweep parking lots, to remove litter and debris. Sweeping in these areas to be performed between the hours of 12:00 midnight and 6:00 a.m., at a frequency of twice per month. Document and report work performed to City in public parking lot areas defined as: Parking Lot Location Approx. Area Senior Center & Library Stockton at Kearney 20,000 SF Community Center Moeser at Pomona 26,000 SF Recycling Center At East End of Schmidt 11,000 SF ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 6 of 23 Corporation Yard At East End of Schmidt 28,000 SF Parking Lot Approximate Total = 85,000 SF D. All Other Residential Streets. On a once per month basis, sweep curbs (and gutters, and median curbs where present) to remove litter and debris. Sweeping in these areas to be performed between the hours of 6:00 a.m. and 9:00 p.m., at a frequency of once per month. Document and report work performed to City in residential areas defined as: Street Limits From To Median Length One-Way [LF] Approx. Length One-Way [LF] Tuller Silva Barrett 600 Brooks Silva Barrett 300 Yuba NCL Barrett 900 Sonoma NCL Barrett 600 Edwards Charles Barrett 1,300 Ellerhorst Charles Barrett 350 Tulare Charles Barrett 2,300 Mira Vista NCL Canyon Trail 2,300 Francisco NCL Carquinez 600 Carquinez NCL Hagen 600 Tassajara NCL Lagunitas 1,800 Monta Vista Alta Vista Arlington 600 La Honda Alta Vista Barrett 500 Tamalpais Dr. Arlington Ganges 3,500 Tamalpais Ct. All 150 Del Monte NCL Arlington 600 Nason Edwards Jordan 300 Alva Lagunitas Tassajara 700 Humboldt Poinsett Key 900 Mono Poinsett Conlon 950 Macdonald Ludwig ECL 1,150 Cedar Alta Punta Fern 450 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 7 of 23 Edith Alta Punta Fern 340 Gloria Alta Punta Fern 330 Edna Jordan Fern 100 Jordan Nason Tamalpais 2,850 Harvard All 150 Scenic Cutting Arlington 480 Pebble Beach Drive Cutting Cutting 1,300 Pebble Beach Way All 400 Pebble Beach Court All 150 Junction Conlon Cutting 420 Hagen Junction Canyon Trail 570 2,500 Harper Hagen Hagen 1,100 Tapscott Gatto Hagen 1,400 Wilson Ganges Cutting 1,800 Fairview Cutting Ganges 700 Ganges Ave Fairview Blake 1,650 Ganges Ct All 100 Wesley Walnut Blake 1,100 Walnut All 825 Peerless All 150 S. 53rd Potrero Cypress 400 S. 55th Potrero Cypress 600 S. 56th Potrero Cypress 600 F St. All 200 Fall WCL End 200 Ernest WCL End 400 Victor WCL End 500 Gordon WCL End 400 School WCL S. 55th 650 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 8 of 23 Cypress WCL S. 55th 650 Cypress S. 56th San Pablo 600 Lexington Hill Gladys 1,900 Lexington Moeser Stockton 1,400 Lexington Eureka Fairmount 2,450 Liberty St Key Stockton 7,800 Liberty St Eureka Fairmount 2,000 Liberty Ct All 150 Manor Cir All 1,000 Elm St Cutting Schmidt 4,600 Elm St Moeser Willow 3,400 Elm Ct All 200 Everett Blake Schmidt 3,100 Everett Portola Fairmount 5,100 Norvell St Everett Schmidt 3,200 Norvell St Moeser Fairmount 4,350 Norvell Ct All 200 Lawrence Ct All 150 Scott Navallier Moeser 1,800 Navellier Blake Moeser 4,500 Contra Costa Devonshire SCL 5,800 Brewster Dr. Arlington Arlington 2,800 Brewster Ct. All 100 Buckingham Arlington End 1,500 Madera Dr. Arlington Madera Cir 500 Madera Cir All 1,400 Madera Ct All 300 Douglas All 900 Devonshire Dr All 1,200 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 9 of 23 Linda Vista All 300 Rifle Range Arlington NCL 2,750 Wildcat All 1,200 Bel View All 500 Betty Buckingham Brewster 1,100 James All 350 Regency All 800 Gayle All 250 Noble All 250 Cabrillo Manila Schmidt 600 Rivera Manila Schmidt 600 Ranchito All 150 Park Vista All 450 Shevlin Dr King Terrace 2,600 Shevlin Pl All 150 King Dr Contra Costa Terrace 2,700 King Ct All 150 Havens Arlington Terrace 900 Villa Nueva Terrace Don Carol 800 Don Carol All 1,600 Edgehill All 700 Ivy All 300 Leneve Ivy Terrace 1,500 Kensington Rd All 800 Clark All 200 Roberta All 400 Terrace Kensington Stockton 9,500 Park All 400 Midcrest All 250 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 10 of 23 Hancock All 250 Avila Pl. All 400 Craft All 500 Bates Moeser End 1,200 Gelston All 1,100 Bay Tree All 400 Seaview Dr Moeser Terrace 1,900 Seaview Dr Terrace Colusa 3,100 Seaview Pl All 700 Galvin Moeser Terrace 1,600 Balra North end SeaView 4,700 Avis Moeser Stockton 1,000 Pomona Ave Moeser Eureka 2,600 Pomona Ct All 100 Albermarle Ashbury Fairmount 3,000 Colusa Terrace Fairmount 3,600 Colusa (west curb only) Fairmount Santa Fe 2,700 Clayton Ashbury Fairmount 2,400 Village Errol SeaView 1,000 Bonnie Errol SeaView 1,900 Susan All 150 Santa Fe (west curb only) Colusa SCL 800 San Carlos Fairmount SCL 2,200 Carmel Fairmount SCL 2,300 Ramona Fairmount SCL 2,250 Pomona Ave Fairmount SCL 2,100 Ashbury Moeser SCL 1,700 6,700 Behrens Fairmount SCL 1,600 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 11 of 23 Victoria All 450 Tahoe All 250 Coronado All 500 Adams All 100 Yosemite Avila St SCL 1,600 Santa Clara Central SCL 1,250 Belmont Central SCL 1,250 Yolo El Dorado SCL 300 San Mateo NCL SCL 500 Lassen Belmont Carlson 700 San Diego WCL San Pablo 1,250 Avila St Santa Clara San Pablo 950 El Dorado San Mateo San Pablo 1,550 Ward Pomona Santa Fe 950 Lynn Ashbury Colusa 1,400 Curry Pomona Colusa 1,000 A St All 250 B St Behrens Ashbury 400 C St Behrens Ashbury 425 Lincoln San Pablo Ashbury 2,800 Rockway Ashbury Colusa 750 Eureka San Pablo Ashbury 2,650 Eureka Ashbury Colusa 700 Eureka Balra ECL 1,200 Errol Colusa SeaView 1,150 Ricardo All 100 Leviston Balra Colusa 600 Hotchkiss Pomona Colusa 750 Stockton Ashbury Shevlin 3,350 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 12 of 23 Waldo Ave San Pablo Pomona 2,350 Waldo Ln Pomona Avis 400 Earl All 300 Duke All 150 Baron All 150 Burns All 300 Willow Liberty Oak 150 Willow Elm Richmond 200 Oak All 450 Portola Liberty Navellier 2,100 Glenwood All 150 Schmidt Liberty Navellier 2,050 Manila Kearney Navellier 2,750 Donal Liberty Navellier 2,200 Gladys Lexington East end 2,600 Potrero WCL Arlington 7,600 Mound All 450 Plank Ave All 600 Plank Ct All 250 Roger All 650 Julian Dr All 800 Julian Ct All 900 Carol Ct All 250 Blake San Pablo Navellier 2550 Key Cutting Liberty 300 Morris Junction Hagen 250 Knott West end Hagen 1,350 Gatto Harper Canyon Trail 1,750 Canyon Trail All 250 ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 13 of 23 Kenilworth Cutting Ganges 1,000 Snowdon Cutting Ganges 1,100 Glen Mawr Cutting Ganges 1,150 Downey Wilson Kenilworth 500 Hudson Wilson Glen Mawr 850 Irma Carquinez Alma 250 Fern Cedar East end 950 Conlon Key Macdonald 1,200 View Harvard Scenic 450 Ludwig Poinsett Jordan 700 Alta Punta Macdonald Tulare 1,150 Lagunitas Carquinez Cutting 1,600 Jordan Poinsett Tamalpais 3,300 Poinsett Tulare WCL 1,500 Rosalind Edwards WCL 1,800 Harris Barrett Rosalind 250 Hillside Harris Rosalind 600 Alvarado All 300 Silva WCL Zara 350 Zara WCL Yuba 600 Charles Sonoma Tulare 650 Ray Ralston Tulare 250 Alta Vista NCL Arlington 650 NCL = North City Limit SCL= South City Limit WCL = West City Limit Residential Approx. Totals = 2,270 LF 274,820 LF ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 14 of 23 ATTACHMENT 2 Map and Schedule ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 15 of 23 ATTACHMENT 3 Cost Proposal Item No. Item Description Proposal Unit Price Sweep Commercial Areas $ Per Month 2. Sweep Residential Arterial Streets $ Per Month 3. Sweep Public Parking Lots $ Per Month 4. Sweep All other Residential Streets $ Per Month TOTAL ALL SERVICES $ Per Month Hourly rates for labor to perform work not included in Technical Specifications During the agreement term, City may request Contractor to perform work not listed in the Technical Specifications. The Contractor offers the specified labor categories at the indicated hourly rate for these additional services. Hourly rates shall include all direct and indirect costs. For labor not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed. The City specifically requests an hourly rate for manual/hand sweeping of hard to reach areas such as angled street parking spaces, bulb-outs, or other areas that cannot be fully swept via mechanical means. Please list an hourly rate for manual/hand sweeping of these areas in the table below, along with any other hourly rates that may apply to work not included in the Technical Specifications. HOURLY RATES LABOR CLASSIFICATION STRAIGHT TIME OVERTIME SUNDAY/ HOLIDAY 1. MANUAL/HAND SWEEPING $ $ $ 2. $ $ $ 3. $ $ $ 4. $ $ $ 5. $ $ $ ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 16 of 23 Hourly rates for equipment to perform work not included in Technical Specifications Hourly rates shall include all costs necessary to provide equipment in good working order, including cost of fuel, maintenance, direct and indirect cost, but excluding operating labor costs. For equipment not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and the Contractor before such additional equipment is used. The equipment listed below will not be paid for if required in the performance of the work called out in the Technical Specification. It will only be paid for if specifically requested, required and previously approved by the City. CLASSIFICATION DESCRIPTION HOURLY RATES OF EQUIPMENT (MODEL, SIZE, ETC.) PER HOUR PER DAY PER WEEK 1. $ $ $ 2. $ $ $ 3. $ $ $ 4. $ $ $ 5. $ $ $ Adjustments in Scope or Quantity of Work The City reserves the right to increase or decrease quantities of work included by the Technical Specification or to delete entire proposal items from the proposal schedule, either before execution of the agreement or during the agreement term. If related services are desired by City which are not covered by the Technical Specifications or by the hourly rate schedule, the fee shall be negotiated and a written work order issued accordingly by the City. Contractor shall not be entitled to compensation for additional services unless a prior written work order has been executed describing the work and specifying the compensation therefore. ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 17 of 23 ATTACHMENT 4 PROFESSIONAL SERVICES AGREEMENT (SAMPLE) This Agreement (“Agreement”) for professional services is made on 2014, between, the City of El Cerrito, a California municipality (“City”), and a (“Contractor”). 1. Scope of Services. Contractor shall provide to City the professional services described in the Scope of Services, attached hereto as Attachment 1 and Attachment 2 incorporated herein (the “Services”). Only the City’s governing body or the City Manager may authorize any change or addition to the Scope of Services specified in this Agreement. 2. Term. This Agreement shall become effective on October 2014, and shall terminate on June 30, 2020 unless terminated sooner in accordance with Section 12 of this Agreement. The term of this Agreement shall automatically be extended for up to five additional one year terms with the extensions to commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. 3. Compensation. For the full and satisfactory completion of the Services, City shall compensate Contractor in an amount not to exceed without prior written authorization by City. Contractor’s Cost Proposal is attached hereto as Attachment 3 and incorporated herein. 4. Allowable Reimbursable Expenses. City shall compensate Contractor for the following Allowable Reimbursable Expenses at the following rate(s), not to exceed a total of zero Dollars without prior written authorization: Allowable Reimbursable Expense: Rate: 5. Payment. City shall pay Contractor for services satisfactorily provided during each calendar month following within thirty (30) days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: 5.1 A description of the specific Services provided, 5.2 the name of the individual providing the Services, 5.3 the date(s) upon which the Services were provided, 5.4 the time spent providing the Services, 5.5 the amount due for the Services and the basis for calculating the amount due, and ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 18 of 23 5.6 an itemized summary of Allowable Reimbursable Expenses. 6. Independent Contractor. The parties agree that Contractor shall act as an independent Contractor under this Agreement and shall have control of its work and the manner in which it is performed. Contractor is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City. 7. Contractor’s Warranties. 7.1 Contractor warrants that all Services provided under this Agreement shall be performed in accordance with generally accepted professional practices and standards for Contractor’s profession in the state. 7.2 Contractor warrants that all Services provided under this Agreement shall be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws. 7.3 Contractor warrants that Contractor has no present interest which would conflict in any manner with the performance of Services on the City’s behalf. 8. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a .pdf (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party shall be given as follows: City: Contractor: City of El Cerrito Contractor Name 10890 San Pablo Ave. Address El Cerrito, CA 94530 City, State, Zip Ph: [PHONE REDACTED] Ph: Fax: [PHONE REDACTED] Fax: Attention: Garth Schultz Attention: Title: Operations Manager Title 9. Indemnity. The terms and conditions set forth in subsection 9.1., below, are applicable to this Agreement if the Services to be provided by Contractor are not “design professional” services as used and defined in Civil Code section 2782.8. The terms and conditions set forth in subsection 9.2., below, are applicable to this Agreement if the Services to be provided by Contractor are “design professional” services as used and defined in Civil Code section 2782.8. 9.1 To the full extent permitted by law, Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount or type of damages or ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 19 of 23 compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and shall survive the expiration or early termination of this Agreement. This subsection 9.1 does not apply if the Services to be provided under this agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor. 9.2 To the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents or employees under Workers’ Compensation acts, disability benefits acts, or other employee benefit acts. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and shall survive the expiration or early termination of this Agreement with respect to Liability arising during the term of the Agreement. This subsection 9.2 is applicable if the Services to be provided under this agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor. 10. Insurance. Before providing any services under this Agreement, Contractor shall be required to procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of Contractor and its employees or subcontractors relating to or arising from the performance of services under this Agreement, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor. 10.1 The following insurance policies and limits are required for this Agreement: 10.1.1 Commercial General Liability Insurance The CGL policy shall be issued on an occurrence basis, written on a comprehensive general liability form, and shall include coverage for liability arising from Contractor’s acts or omissions in the performance of services under this Agreement with limits of at least one million dollars ($1,000,000.00) per occurrence. The CGL policy must name City as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and must protect City, its officers, employees, and agents against any and all liability for personal injury, death, or property damage or destruction arising directly or indirectly in the performance of the Agreement. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein. ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 20 of 23 10.1.2 Automobile Insurance. The automobile liability insurance shall cover bodily injury and property damage in an amount no less than one million dollars ($1,000,000.00) combined single limit for each occurrence, including owned, hired, and non-owned vehicles. 10.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least one million dollars ($1,000,000.00). If Contractor is self-insured, Contractor shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations. 10.2 Each certificate of insurance must state that the coverage afforded by the policy or policies shall not be reduced, cancelled or allowed to expire without at least thirty (30) days written notice to City, unless due to non-payment of premiums, in which case at least ten (10) days written notice shall be made to City. 10.3 Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. 10.4 The CGL policy must include the following endorsements: 10.4.1 The inclusion of more than one insured shall not operate to impair the rights of one insured against another, and the coverages afforded shall apply as though separate policies have been issued to each insured. 10.4.2 The insurance provided is primary and no insurance held or owned by City shall be called upon to contribute to a loss. 11. Dispute Resolution. In the event that any dispute arises between the parties in relation to this Agreement, the parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the parties agree to submit the dispute to mediation. 11.1 Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session must take place within sixty (60) days after the date that such notice is given, or sooner if reasonably practicable. The parties shall jointly appoint a mutually acceptable mediator. The parties further agree to share equally the costs of the mediation, except costs incurred by each party for representation by legal counsel. 11.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute. 12. Early Termination. 12.1 Termination for Convenience. City may terminate this Agreement for convenience by giving thirty (30) calendar days written notice to Contractor. In the event City elects to terminate the Agreement without cause, it shall pay Contractor for services satisfactorily provided up to that date. ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 21 of 23 12.2 Termination for Cause. If either party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other party may terminate this Agreement by giving written notice thirty (30) calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination. Contractor shall be entitled to payment for all services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Contractor’s breach of the Agreement. 13. Work Product. City shall be the sole owner of all rights to any work product in any form which has been prepared by Contractor on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the parties. 14. General Provisions. 14.1 Assignment and Successors. Neither party may transfer or assign its rights or obligations under this Agreement, in part or in whole, without the other party’s prior written consent. This Agreement is binding on the heirs, successors, and permitted assigns of the parties hereto. 14.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement. 14.3 Nondiscrimination. Contractor shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference. 14.4 Choice of Law and Venue. This Agreement shall be governed by California law, and venue shall be in the Superior Court for the county in which City is located, and no other place. 14.5 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions, or portions of the Agreement shall remain in full force and effect. 14.6 Amendment. No amendment or modification of this Agreement shall be binding unless it is in a writing duly authorized and signed by the parties to this Agreement. 14.7 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement shall be deemed to be inserted, and this Agreement shall be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement shall be amended to make the insertion or correction. 14.8 Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties regarding the subject matter of this Agreement and supersedes all prior written or oral understandings or agreements of the parties. ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 22 of 23 14.9 Attachments. If any provision in any attachment to this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement shall control over the conflicting or inconsistent provisions in the attachment. 14.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 14.11 Force Majeure. If either party is delayed or hindered in or prevented from the performance of any act required hereunder because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the party delayed, excluding financial inability (“Force Majeure Event”), performance of that act shall be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance shall be extended for an equivalent period. Delays or failures to perform resulting from lack of funds shall not be Force Majeure Events. 14.12 Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement. 14.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 14.14 Authorization. Each individual executing this Agreement, or its counterpart, on behalf of the respective party, warrants that he/she is authorized to do so and that this Agreement constitutes the legally binding obligation of the entity which he/she represents. As to those Parties that are corporations, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. ---PAGE BREAK--- City of El Cerrito I Street Sweeping Agreement RFP Due September 30, 2014 Page 23 of 23 The parties agree to this Agreement as witnessed by the signatures below: City of El Cerrito Scott Hanin, City Manager Date: 2014 CONTRACTOR Date: 2014 APPROVED AS TO FORM: Sky Woodruff, City Attorney Date: 2014 ATTEST: Cheryl Morse, City Clerk Date: 2014 Attachments: Attachment 1 Request for Proposal and Technical Specifications Attachment 2 Street Sweeping Map and Schedule Attachment 3 Contractor’s Cost Proposal Attachment 4 El Cerrito Business License Attachment 5 Proof of Insurance and Additional Insured Endorsement