CITY OF SIGNAL HILL SUBJECT: CONTRACT SERVICES AGREEMENT EXTENSION FOR CITYWIDE STREET SWEEPING SERVICES

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1 December 22, 2015 CITY OF SIGNAL HILL 2175 Cherry Avenue Signal Hill, CA AGENDA ITEM TO: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL STEVE MYRTER, P.E. DIRECTOR OF PUBLIC WORKS SUBJECT: CONTRACT SERVICES AGREEMENT EXTENSION FOR CITYWIDE STREET SWEEPING SERVICES Summary: The Public Works Department supplements its maintenance operations by utilizing a contractor, CleanStreet, to provide citywide street sweeping services. Staff is recommending a one-year term extension through 2016 with no cost adjustment. Recommendation: Authorize the City Manager to enter into a Contract Services Agreement extension for street sweeping services with CleanStreet, in a form approved by the City Attorney, for a one-year term, with an annual not-to-exceed contract amount of $150,400. Fiscal Impact: CleanStreet s current contract stipulates that street sweeping services are provided citywide for a not-to-exceed annual cost of $150,400. Accordingly, this amount is currently allocated in the FY Environmental Programs budget, Account No CleanStreet has agreed to a one-year contract extension with no rate increase. Strategic Plan Objective: This project will serve Goal No. 4 - Maintain and Improve the Public Infrastructure. Background and Analysis:

2 CSA Extension CleanStreet December 22, 2015 Page 2 CleanStreet has provided satisfactory street sweeping services for the City since January CleanStreet was initially retained by the City through a competitive bidding process conducted in The contract was extended for five years in 2007, and for an additional three years in The proposed extension of the CleanStreet contract will have no new net fiscal impact to the City. CleanStreet s current contract stipulates that street sweeping services are provided citywide for a not-to-exceed annual cost of $150,400 and no adjustment to this fee will be allowed under this proposed one year contract extension. The extended contract term will be through December 31, The proposed draft contract amendment (Attachment A ) also incorporates more detailed NPDES Permit requirements, and required contract provisions, in accordance with the new State Prevailing Wages and Department of Industrial Relations (DIR) Registration Law. During this extended year term, staff will initiate the process for competitive bidding for street sweeping services. Upon conclusion of the bidding process, staff anticipates entering into a new multi-year contract with the successful bidder by the end of Staff is recommending a one-year extension of the contract term with CleanStreet to provide street sweeping services with no cost adjustment. Reviewed: Terri Marsh Approved by: Charlie Honeycutt Prepared by: Grissel Chavez Deputy Director of Public Works

3 Attachment A DRAFT CONTRACT SERVICES AGREEMENT AMENDMENT THE AGREEMENT FOR CONTRACT SERVICES (herein Agreement ) entered into on November 6, 2012, by and between the City of Signal Hill (herein City ), a Municipal Corporation, and CleanStreet, a corporation (herein Contractor ) is hereby amended on this 22 nd day of December 2015, as follows: 1) Amend Section 2.1, Contract Sum by substituting $150,400 for the Contract Sum for the one-year contract term. 2) Replace Exhibit C, Schedule of Compensation with Exhibit C-1, Amended Schedule of Compensation. 3) Replace Exhibit D, Schedule of Performance, with Exhibit D-1, Amended Schedule of Performance. 4) Add Exhibit E, NPDES Compliance and BMP Implementation. 5) Add Exhibit F, Prevailing Wages and DIR Registration. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY OF SIGNAL HILL ATTEST: Charlie Honeycutt, City Manager Address: 2175 Cherry Ave. Signal Hill, CA Robert D. Copeland, City Clerk APPROVED AS TO FORM: David J. Aleshire, City Attorney [SIGNATURES CONTINUED ON NEXT PAGE]

4 DRAFT CONTRACT SERVICES AGREEMENT AMENDMENT CONTRACTOR: CleanStreet 1937 W. 169 th Street Gardena, CA By: Name: Title: By: Name: Title: [END OF SIGNATURES] CleanStreet 2016 CSA Amendment

5 EXHIBIT B SPECIAL REQUIRMENTS The following terms of this Agreement shall be added: Section x.x (NPDES Permit Requirements) Contractor shall perform the Scope of Services, in compliance with NPDES Permit requirements as described in Exhibit E. Section x.xx (Prevailing Wages and DIR Registration) Contractor shall perform the Scope of Services, in compliance with all applicable State Labor laws as described in Exhibit F. CleanStreet 2016 CSA Amendment

6 EXHIBIT C SCHEDULE OF COMPENSATION 1. Routine Street Sweeping Rate per curb-mile for routine street sweeping, as described herein: $24.90 _ Twenty four dollars and ninety cents (in figures) (in words) Total compensation shall not exceed the contract price as described in Section 2.0 of the Contract Services Agreement. Maximum annual contract total cost: Jan. 1, 2016 through Dec. 31, 2016 = $150, (The above yearly costs are rounded up to the nearest 10 dollars for budgetary purposes) 2. Emergency Street Sweeping* (a) Rate per hour for emergency street sweeping services during regular working hours: $80.00 (in figures) Eighty dollars and no cents (in words) (b) Rate for emergency street sweeping services after regular working hours: $80.00 (in figures) Eighty dollars and no cents (in words) The duration of all emergency street sweeping services will be measured by the actual hours spent sweeping, plus the shortest travel time either to or from the work site. The maximum allotted travel time will be 30 minutes from the CleanStreet facility in the city of Gardena. Travel time longer than (20) twenty minutes must be justified in writing to the City. The total hours will be calculated to the nearest one-quarter hour (15 minutes). 3. Special Event Street Sweeping* $80.00 (in figures) Eighty dollars and no cents (in words) Special event sweeping will be based on the actual hours of sweeping with no additional compensation for travel time. * Must be requested or approved in writing by Contract Officer.

7 EXHIBIT D SCHEDULE OF PERFORMANCE 1. Term of Contract Extension Agreement The term of this Agreement will be one year starting on January 1, 2016 and through December 31, 2016, with no rate adjustment or monthly increase throughout the term of the contract. Street Sweeping Schedule (a) Days. Routine street sweeping shall be conducted Monday through Friday unless otherwise approved by the Contract Officer. The street sweeping schedule and routes shall be evenly divided among at least four days per week. (b) Hours. Standard operating hours for sweeping under this Agreement shall be determined by the Contract Officer. Arterial streets and commercial/industrial areas shall be swept from 4:00 a.m. to 8:00 a.m. Residential areas shall be swept from 8:00 a.m. to 12 noon, except for the California Crown area specifically designated area shown in Exhibit D-1. This specific area shall be swept from 8:00 a.m. to 10:00 a.m. Contractor shall take note of the time indicated on signs posted in each area for street sweeping. In the event an area is posted with different hours than indicated above or on Exhibit D-1, Contractor shall adhere to the time on the posted signs and notify City in writing of the discrepancy. It is the Contractor s responsibility to familiarize itself with all areas and posted signs and adjust its sweeping schedule accordingly. Starting January 1, 2016, Contractor will perform street sweeping services in the following four municipal parking lots and add to the street sweeping schedule. 2. Holidays a) City Hall employee parking lot across from City Hall on Legion Drive b) City Hall upper level parking lot across from City Hall on Legion Drive c) Parking lot adjacent to basketball courts near 1770 East Hill Street d) Discovery Well Park parking lot The Contractor is not required to sweep streets on Sundays nor on any of the following holidays or any additional official holidays designated by the City: New Year s Day (January 1) Martin Luther King Jr. Day (third Monday in January) President s Day (third Monday in February Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Veterans Day (November 11) Thanksgiving Day (fourth Thursday in November) Christmas Day (December 25)

8 EXHIBIT D SCHEDULE OF PERFORMANCE During the week of a holiday, the Contractor shall adjust the weekly schedule so as to return to the normal weekly schedule the following week. Sweeping scheduled for a holiday shall be completed within seven (7) days following the holiday, and in no event shall Contractor fail to sweep any area for two consecutive weeks. Holiday sweeping schedules must be submitted to the Contract Officer thirty (30) days prior to the holiday. No modification of this holiday schedule shall be effective unless authorized in writing by the Contract Officer.

9 EXHIBIT D-1 SCHEDULE OF PERFORMANCE - MAP

10 EXHIBIT E NPDES COMPLIANCE AND BMP IMPLEMENTATION All Services shall be performed in compliance with the NPDES Permit requirements. The Los Angeles Regional Water Quality Control Board (RWQCB) issues permits which govern stormwater and non-stormwater discharges resulting from municipal activities performed by or for the Coastal Watersheds of Los Angeles County, including the Los Angeles County Flood Control District, the County of Los Angeles, and 84 incorporated cities within the coastal watersheds of Los Angeles County with the exception of Long Beach (collectively referred to as Permittees). The current Permit is National Pollutant Discharge Elimination System Permit No. R , Order R (NPDES Permit). In order to comply with the NPDES Permit requirements, including its Public Agency Activities Program (Section VI.D.9, pages ), City has incorporated Public Agency Facilities and Activities Maintenance Procedures (Maintenance Procedures) with Best Management Practices (BMPs) adopted from the current version of the Caltrans Storm Water Quality Handbook Maintenance Staff Guide (Caltrans Handbook). City staff and hired contractors must adhere to these procedures and practices. The Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Work performed under this Agreement shall conform to the NPDES Permit and the applicable sections of the CalTrans Handbook and must be performed as described within all applicable Maintenance Procedures. The Contractor must provide annual training as required in the NPDES Permit (Section VI.D.9.k.i, page 136) to targeted staff whose interactions, jobs, and activities affect stormwater quality. The targeted staff must fully understand the Maintenance Procedures applicable to activities that are being conducted under this Agreement prior to conducting them. The Contractor must retain documentation that certifies that the annual training was conducted. Evaluation of activities subject to NPDES Permit requirements performed under this Agreement will be conducted by the City to verify compliance with the Maintenance Procedures. The NPDES Permit is available for review online at the RWQCB s website: l/index.shtml#los_angeles Applicable Maintenance Procedures from the Caltrans Handbook are available for review online at:

11 EXHBIT F PREVAILING WAGES AND DIR REGISTRATION Contractor shall comply with the requirements of California Labor Code Sections 1720 et seq and 1770 et seq, as well as California Code of Regulations, Title 8, Section et seq ( Prevailing Wage Laws ), which require the payment of prevailing wage rates and the performance of other requirements on certain public works and maintenance projects. Contractor agrees to fully comply with such Laws as applicable. Contractor shall make himself aware of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Prevailing Wage a. The Contractor must comply with the minimum wage rates as determined by the State of California. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk of the City of Signal Hill and copies will be made available to any interested party on request. Contractor shall post a copy of such wage rates at the job site, and shall pay the adopted prevailing wage rates. The provisions of Section 1810 to 1815 of the Labor Code will be complied with. b. All mechanics and laborers employed or working upon the site of the work in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations under Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed as wage rates not less than those contained in the above determination, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. For the purpose of this clause, contributions made or costs reasonably anticipated under section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a) (1) (iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. c. The Contractor shall not require nor permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such workweek unless

12 EXHBIT F PREVAILING WAGES AND DIR REGISTRATION such laborer or mechanic receives compensation at a rate not less than one and one-half (1½) times his basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such workweek, as the case may be. d. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the City and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls submitted to the contracting agencies that their employment is pursuant to an approved program and shall identify the program. Payrolls and basic records relating thereto will be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work in the construction or development of the project. e. The Contractor shall insert in any subcontracts the requirements of this section and also a clause requiring any subcontractors to include these requirements in any lower tier subcontracts into which they may enter, together with a clause requiring this insertion in a further subcontracts that may in turn be made. Prevailing Wage Compliance Monitoring and Enforcement a. In accordance with California Labor Code Section , no Contractor or Subcontractor shall be qualified to (a) bid on or be listed in a bid proposal or (b) engage in the performance of this Work, unless registered with the Department of Industrial Relations and qualified to perform the Work pursuant to Labor Code Section b. Registration can be completed by visiting: Contractors and Sub-contractors will also need to submit Certified Payroll reports through the DIR Monitoring system. Prime Contractors will need to register at: