05-1018_CLEANSTREET_AgreementAGREEMENT FOR STREET SWEEPING SERVICES
T AGREEMENT is made and entered into this day of
_ 05, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and CleanStreet, (hereinafter referred to as "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to provided street sweeping services; and
WHEREAS, Contractor is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as
set forth in the City's Request For Proposals, dated January 2004, incorporated herein
by reference.
Contractor warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
The San Diego Regional Water Quality Control Board (RWQCB) has issued a
permit which governs stormwater and non-stormwater discharges resulting from areas
owned and operated by the County of Orange, Orange County Flood Control District
and incorporated cities of Orange County (collectively referred to as Permittees). The
RWQCB Permits is a National Pollutant Discharge Elimination System (NPDES) Permit
No. R9-2002-0001, respectively. Copy of the RWQCB Permit is available for review.
In order to comply with the Permit requirements, the Permittees have developed
a Drainage Area Management Plan (DAMP) which contains Model Maintenance
Procedures with Best Management Practices (BMPs) that parties conducting the
municipal activities must adhere to. These Model Maintenance Procedures apply to any
party conducting municipal activities and 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 Permit
requirements, the DAMP, and the Model Maintenance Procedures and must be
performed as described within all applicable Model Maintenance Procedures. The
Contractor shall fully understand the Model Maintenance Procedures applicable to
activities that are being conducted under this Agreement prior to conducting them and
maintain copies of the Model Maintenance Procedures throughout the Agreement
duration. The applicable Model Maintenance Procedures are included as Exhibit "B" of
this Agreement.
Evaluation of activities subject to DAMP requirements performed under this
Agreement will be conducted to verify compliance with DAMP requirements and may be
required through Contractor self-evaluation as determined by the City.
Section 2. Term.
This Agreement shall be for a term of two (2) years. City will consider granting,
in its discretion, up to three (3) additional one (1) year option renewals based upon
satisfactory performance of Contractor.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
$277,560.72 (two hundred seventy seven thousand, five hundred sixty dollars and
seventy two cents) as set forth in Exhibit 'A," attached and incorporated herein by
reference.
3.2 Rate Schedule.
The services shall be billed to the City at the rate set forth in Exhibit "A," attached
and incorporated herein by reference. Included within the compensation are all the
Contractor's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Contractor's
proposal.
3.3 Method of Payment.
Contractor shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work.
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3.4 Records of Expenses.
Contractor shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Contractor is
permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Contractor. City will deal directly with and will make all
payments to Contractor.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Contractor discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
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this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Not applicable.
Section 11. Copies of Work Product.
Not applicable.
Section 12. Ownership of Documents.
Not applicable.
Section 13. Indemnity.
Contractor agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Contractor arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
rd
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Contractor's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Not applicable.
14.6 Notice of Cancellation/Termination of Insurance.
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The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed,
Contractor shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Contractor shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other parry
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn.: Public Works Director
To Contractor: Mr. Jere Costello
CleanStreet
1937 West 169th Street
Gardena. CA 90247
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Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
CLEA TREET�
By:
A.
Costello
ATTEST:
UA�tA�
R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. haw, City Attorney
ACKNOWLEDGEMENT
I, Jere Costello, of CleanStreet, confirm the following prices for the years
2005/06 and 2006/07.
Total amount for annual street sweeping services for year one of the
contract term is: $137.148.88.
Total amount of annual street sweeping services for year two of the
contract term is: $140.411.84.
Total amount for the two year contract is $277,560.72.
BY: _ Date: loLwum It z°°g
EXHIBIT "A"
Streets, roads, and highways are significant sources of pollutants in storm water
discharges, and operation and maintenance (O&M) practices, if not conducted
properly, can contribute to the problem. The attached BMPs are recommended to be
used on an as needed and on a case by case basis. Some BMP might not apply in
certain situations and will not be used. The provided BMPs are potential measures that
could be used, individually or collectively, as the situation requires, and as determined
by staff. O&M practices may involve one or more of the following activities:
1. Sweeping & Cleaning
2. Street Repair & Maintenance
3. Bridge and Structure Maintenance
Streets, roads, and highways are significant sources of pollutants in storm water
discharges, and operation and maintenance (O&M) practices, if not conducted
properly, can contribute to the problem. O&M practices may involve one or more of the
following activities:
Pollution prevention measures that should be consider and the minimum required and
optional model procedures for each performance standard are provided below.
POLLUTION PREVENTION:
Pollution prevention measures have been considered and incorporated in the model procedures. Implementation of
these measures may be more effective and reduce or eliminate the need to implement other more complicated or
costly procedures. Possible pollution prevention measure for roads, streets, and highways operation and
maintenance include:
Use the least toxic materials available (e.g. water based paints, gels or sprays for graffiti removal)
Recycle paint and other materials whenever possible.
Once per year, educate municipal staff on pollution prevention measures.
SJC FP -3 Roads Streets and Highways OM.doc 7 2/13103
EXHIBIT "B"
City of San Juan Capistrano
1776
c�LIFOR��P
FP -3
ROADS, STREETS, AND
HIGHWAYS OPERATION AND
MAINTENANCE
Streets, roads, and highways are significant sources of pollutants in storm water
discharges, and operation and maintenance (O&M) practices, if not conducted
properly, can contribute to the problem. The attached BMPs are recommended to be
used on an as needed and on a case by case basis. Some BMP might not apply in
certain situations and will not be used. The provided BMPs are potential measures that
could be used, individually or collectively, as the situation requires, and as determined
by staff. O&M practices may involve one or more of the following activities:
1. Sweeping & Cleaning
2. Street Repair & Maintenance
3. Bridge and Structure Maintenance
Streets, roads, and highways are significant sources of pollutants in storm water
discharges, and operation and maintenance (O&M) practices, if not conducted
properly, can contribute to the problem. O&M practices may involve one or more of the
following activities:
Pollution prevention measures that should be consider and the minimum required and
optional model procedures for each performance standard are provided below.
POLLUTION PREVENTION:
Pollution prevention measures have been considered and incorporated in the model procedures. Implementation of
these measures may be more effective and reduce or eliminate the need to implement other more complicated or
costly procedures. Possible pollution prevention measure for roads, streets, and highways operation and
maintenance include:
Use the least toxic materials available (e.g. water based paints, gels or sprays for graffiti removal)
Recycle paint and other materials whenever possible.
Once per year, educate municipal staff on pollution prevention measures.
SJC FP -3 Roads Streets and Highways OM.doc 7 2/13103
EXHIBIT "B"
MODEL PROCEDURES:
Sweeping & Cleaning
Sweeping Frequency and
Timing
Equipment Operation and
Selection
4 Note: Permission
must be obtained for
any discharge of
wash water to the
sanitary sewer from
the local sewering
agency.
Management of Material
Removed by Sweeping
4 Note: Permission
must be obtained for
any discharge of
wash water to the
sanitary sewer from
the local sewering
agency.
SJC FP -3
✓ Maintain a consistent sweeping schedule. Provide minimum monthly sweeping
of streets.
✓ Perform street cleaning during dry weather if possible.
✓ Avoid wet cleaning or flushing of streets, and utilize dry methods where possible.
✓ If flushing of a street is absolutely necessary, sweep and remove debris before
flushing. Do not let wash water enter storm drain inlets. Collect wash water and
direct to a dirt or vegetated area, pump into a vacuum truck and dispose of
properly.
✓ Maintain cleaning equipment in good working condition and purchase
replacement equipment as needed. Old sweepers should be replaced as
needed with new technologically advanced sweepers (preferably regenerative air
sweepers) that maximize pollutant removal.
✓ Operate sweepers at manufacturer requested optimal speed levels to increase
effectiveness.
✓ Runoff from sweeper wash rack cannot drain directly to the stone drain
✓ Clean sweepers at a wash rack that drains to the sanitary sewer. The wash rack
area should be covered and bermed and wash water should drain to a clarifier
prior to entering the sanitary sewer, or use other acceptable BMPs as
appropriate to prevent wash water from draining into the storm drain
✓ Regularly inspect vehicles and equipment for leaks, and repair immediately.
✓ Dispose of street sweeping debris and dirt at a landfill -
Do not store swept material along the side of the street or near a stone drain
inlet.
✓ If dewatering of saturated materials is necessary it should be conducted in a
designated area away from storm drain inlets and the water contained for proper
disposal.
✓ If authorized by the local sanitation agency, water may be discharged to the
sanitary sewer only after passing through a clarifier. As an alternative,
dewatering can be conducted in a containment area in which saturated materials
are placed on a tarp and allowed to dry. Dry debris is then disposed of properly.
✓ Keep debris storage to a minimum during the wet season or make sure debris
piles are contained (e.g. by berming the area) or covered (e.g. with tarps or
permanent covers).
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Maximize Access for ✓ Properly maintain and operate equipment; which will increase efficiency.
Sweepers ✓ Sweeping should be conducted as close to the curb line as possible.
2. Repair and Maintenance
Pavement Marking ✓ Develop paint handling procedures for proper use, storage, and disposal of
paints.
✓ Transfer and load paint and hot thermoplastic away from storm drain inlets.
✓ Street or hand sweep thermoplastic grindings. Yellow thermoplastic
grindings may require special handling as they may contain lead.
✓ Replace paints containing lead and tributyltin with less toxic alternatives.
✓ Use water based paints. Clean application equipment in a sink that is
connected to the sanitary sewer.
✓ Properly store leftover paints if they are to be kept for the next job, or
dispose of properly.
✓ See Spill Control procedure sheet for guidance on the proper cleanup of
paint spills.
Concrete Installation and ✓ Avoid mixing excess amounts of fresh concrete or cement mortar on-site.
Repair Only mix what is needed for the job.
✓ Wash concrete trucks oft site or in designated areas on site, such that there
is no discharge of concrete wash water into storm drain inlets, open ditches,
streets, or other stormwater conveyance structures.
✓ Store concrete materials under cover, away from drainage areas.
✓ Return leftover materials to the transit mixer. Dispose of small amounts of
hardened excess concrete, grout, and mortar in the trash.
✓ Do not wash sweepings from exposed aggregate concrete into the street or
storm drain. Collect and return sweepings to aggregate base stockpile, or
dispose in the trash.
✓ When washing poured concrete areas to remove fine particles and expose
the aggregate, contain the wash water for proper disposal; do not discharge
water to the storm drain system.
✓ Do not allow excess concrete to be dumped on-site, except in designated
areas.
✓ Apply concrete, asphalt, and seal coat during dry weather to allow the
material to adequately dry prior to a rain event.
✓ When making saw cuts in pavement, use as little water as possible and
perform during dry weather. Cover each nearby or appropriate storm drain
inlet completely with filter fabric or plastic during the sawing operation and
SJC FP -3 Roads Streets and Highways OM.doc 3 2113103
SJC FP -3
contain the slurry by placing straw bales, sandbags, or gravel dams around
the inlets. After the liquid drains or evaporates, shovel or vacuum the slurry
residue from the pavement or gutter and remove from site. Alternatively, a
small on-site vacuum may be used to pick up the slurry as this will prohibit
slurry from reaching storm drain inlets.
Patching, Resurfacing, ✓ Pre -heat, transfer or load hot bituminous material away from storm drain
and Surface Sealing inlets.
✓ Apply concrete, asphalt, and seal coat during dry weather to allow the
material to adequately dry prior to a rain event.
✓ Where applicable, cover and seal each nearby or appropriate storm drain
inlet (with waterproof material, plastic or mesh) and maintenance holes
before applying seal coat, slurry seal, etc. Leave covers in place until job is
complete and until all water from emulsified oil sealants has drained or
evaporated, Clean any debris from covered man holes and storm drain
inlets when the job is complete.
✓ Use only as much water as necessary for dust control, to avoid runoff.
✓ Catch drips from paving equipment that is not in use with pans or absorbent
material placed under the machines. Dispose of collected material and
absorbents properly.
✓ Prior to a rain event or at the completion of a project, sweep the project area
by hand or with a street sweeper.
Equipment Cleaning, ✓ Clean equipment including sprayers, sprayer paint supply lines, patch and
Maintenance, and Storage paving equipment, and mudjacking equipment at the end of each day. If
equipment can be cleaned and materials reapplied at the job site, do so in
Also see Equipment Repair & compliance with the laws and regulations. Clean in a sink or other area (e.g.
Maintenance procedure sheet. vehicle wash area) that is connected to the sanitary sewer.
3 Note: Permission
must be obtained for
any discharge of
wash water to the
sanitary sewer from
the local sewering
agency.
✓ If refueling or repairing vehicles and equipment must be done on-site,
conduct the activity away from storm drain inlets and watercourses.
✓ Place drip pans or absorbent materials under heavy equipment when not in
use.
✓ Clean paint brushes and tools covered with water-based paints in sinks
connected to sanitary sewers. Brushes and tools covered with non -water-
based paints, finishes, or other materials must be cleaned in a manner that
enables collection of used solvents (e.g., paint thinner, turpentine, etc.) for
recycling or proper disposal.
SJC FP -3 Roads Streets and Highways OMA4 2113/03
SJC FP -3
a In addition to the procedures above, review and apply general procedures outlined for Minor Construction
activities when conducting street, road, and highway repair and maintenance activities.
J
3. Bridge and Structure Maintenance
Painting and Paint ✓ Transport paint and materials to and from job sites in containers with secure
Removal lids and tied down to the transport vehicle.
✓ Do not transfer or load paint near storm drain inlets or watercourses.
✓ Test and inspect spray equipment prior to starting to paint. Tighten all hoses
and connections and do not overfill paint container.
✓ If sand blasting is used to remove paint, cover nearby storm drain inlets prior
to starting work.
✓ If the bridge crosses a watercourse, perform work on a maintenance traveler
or platform, or use suspended netting or tarps to capture paint, rust, paint
removing agents, or other materials, to prevent discharge of materials to
surface waters. If sanding, use a sander with a vacuum filter bag.
✓ Recycle paint when possible (e.g. paint may be used for graffiti removal
activities). Dispose of paint at an appropriate household hazardous waste
facility.
✓ See Spill Control procedure sheet for guidance on the proper cleanup of
paint spills.
Graffiti Removal ✓ Avoid graffiti abatement activities during rain events.
✓ Protect nearby storm drain inlets prior to removing graffiti from walls, signs,
sidewalks, or other structures needing graffiti abatement. Clean up
afterwards by sweeping or vacuuming thoroughly, and/or by using absorbent
and properly disposing of the absorbent.
✓ Note that care should be taken when disposing of waste since it may need
to be disposed of as hazardous waste.
✓ When graffiti is removed by painting over, implement the procedures under
Painting and Paint Removal above.
✓ Direct runoff from sand blasting and high pressure washing (with no cleaning
agents) into a landscaped or did area.
✓ If a graffiti abatement method generates wash water containing a cleaning
compound (such as high pressure washing with a cleaning compound), plug
nearby storm drains and collect wash water and dispose of properly.
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Guardrail and Fence -/When cleaning guardrails orfences follow the appropriate surface cleaning
Repair methods (depending on the type of surface) outlined in the Sidewalk, Plaza,
and Fountain Maintenance and Cleaning procedure sheet.
✓ If painting is conducted, follow the Painting and Paint Removal procedures
above.
✓ If graffiti removal is conducted, follow the Graffiti Removal procedures
above.
✓ If construction takes place, see the procedure sheet for Minor Construction.
✓ Recycle materials whenever possible.
LIMITATIONS:
Limitations related to street sweeping may include high equipment costs, the potential inability to restrict parking in
urban areas, the need for sweeper operator training, the inability of current sweeper technology to remove oil and
grease, and the lack of scientific evidence regarding the expected levels of pollutant removal.
REFERENCES:
Model Urban Runoff Program, A How -To Guide for Developing Urban Runoff Programs for Small Municipalities.
Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine
Sanctuary, Association of Monterey Bay Area Governments, Woodward -Clyde, Central Coast Regional Water Quality
Control Board. July. 1998.
Oregon Association of Clean Water Agencies. Oregon Municipal Stormwater Toolbox for Maintenance Practices.
June 1998.
Santa Clara Valley Urban Runoff Pollution Prevention Program. 1997 Urban Runoff Management Plan. September
1997, updated October 2000.
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