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Arakelian Enterpirses, Inc., dba Athens Services A2015-149June 18, 2019 Arakelian Enterprises, Inc. dba Athens Services Attn: Christian Warner 14048 Valley Boulevard City of Industry, CA 91716-0009 RE: Extension of Termination Date for Agreement A2015-149 Dear Mr. Warner: 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 www. dam". ON On June 9, 2015, the Mayor of the City of Chino Hills authorized execution of Agreement No. A2015-149 with Arakelian Enterprises, Inc. for Street Sweeping Services. This letter serves as notification that the termination date has been extended until June 30, 2020. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Mary Grunder at (909) 364-2816. Sincerely, Benjamin Montgomery City Manager BM:wg cc: City Clerk's Office Finance Department Public Works Department Cl� eawi,- Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers e.***') ULZO _11A June 27, 2018 Arakelian Enterprises, Inc. dba Athens Services 15045 Salt Lake Avenue City of Industry, CA 91746 RE: Extension of Termination Date for Agreement A2015-149 Street Sweeping Services Dear Mr. Clifford: 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 www. A; , . ON On June 9, 2015, the Mayor of the City of Chino Hills, authorized execution of Agreement No. A2015-149, with Arakelian Enterprises, Inc. for Street Sweeping Services. This letter serves as notification that the termination date has been extended until June 30, 2019. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Mary Grunder at (909) 364-2816. Sincerely, Konradt Bartlam City Manager ZO-M cc: City Clerk's Office Finance Department Public Works Department C4eawd. - Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHINO HILLS AND • �:: THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 9t" day of June, 2015, by and between the CITY OF CHINO HILLS, a general law city and municipal corporation ("CITY") and ARAKELIAN ENTERPRISES, INC„ dba ATHENS SERVICES ("CONTRACTOR"). The Parties agree as follows: A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR an annual amount not to exceed $239,900 on the terms set forth in the attached "Exhibit A," which is incorporated by reference, for CONTRACTOR's services. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. if the City disputes any of CONTRACTOR's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. PIWIF4 The term of this Agreement will be from July 1, 2015 to June 30, 2018. The Agreement may be renewed in advance and in writing by the City Manager for two additional one-year terms. A. CONTRACTOR will perform services listed in the attached Exhibit A. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. Page 1 of 7 ffTt_� r.r A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has I. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii, Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. if services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below; Tvpe of Insurance Commercial general liability: Business automobile liability Workers compensation Limits (combined single) $2,000,000 $2,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). Page 2 of 7 D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other -evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AML" Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 5 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk, 7. INDEMNIFICATION CONTRACTOR indemnifies, and holds CITY harmless from and against any claims, actions, damages, costs, (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement or its performance including, without limitation, CONTRACTOR's use of CITY property for overnight storage of vehicles or as a transfer site where debris is dumped and collected and any claims alleging pollution or contamination resulting from the activities of the CONTRACTOR, except to the extent such loss or damage results from the CITY's active negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. A. For purposes of this section "CITY" includes CITY's elected and appointed officials, officers, employees, agents, representatives, and volunteers. Page 3 of 7 B. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect, C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. CONTRACTOR shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. CONTRACTOR shall observe and comply with all such laws and regulations. CITY and its elected officials, officers, employees, agents, representatives, and volunteers shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. irimZ[f][11M A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: Page 4 of 7 To CITY: City of Chino Hills Attn: City Clerk 14000 City Center Drive Chino Hills, CA 91709 To CONTRACTOR: Athens Services Attn: (wary Clifford 11 15045 Salt Lake Avenue City of Industry, CA 91746 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. CONTRACTOR will provide CITY with a Taxpayer Identification Number. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement, This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. Page 5 of 7 The terms of this Agreement can only be modified in writing approved by the CITY AND THE CONTRACTOR. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. In the event of any conflict, inconsistency, or incongruity between any provision of Exhibit A and Exhibit B, the provisions of Exhibit A will govern and control. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other, 171111111111155171 Iff IT This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 6 of 7 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. ARAKELIAN ENTERPRISES, dba ATHENS SERVICES .�► Title� 7ui"�G1e 6'160- AlPe'v r4fl-MOTArg TIMM. RIP By Cynthi Mbfari, ayor ATTEST: Cheryl Balz— City N MarHensley City Attorney Page 7 of 7 1, As part of the scope of work, the vendor will sweep approximately 978 curb miles as follows: A. Sweep 253 miles of residential streets two times (2x) per month B. Sweep 12 miles of commercial areas and 106 miles of arterial streets four times (4x) per month The Scope of Work and sweeping frequencies may be varied by the City. 2. The terms of the contract are for three years from the date of award, with two (2) one-year renewal options, subject to the written consent of both parties. 3. Street sweeping shall be performed in accordance with accepted standards for routine and emergency Municipal Street cleaning. This is intended to be a "Clean Sweep program and nota Single Pass„ program. When necessary for proper cleaning, the Contractor shall make more than one pass on a street without extra charge. Such extra passes may include, but shall not be limited to, cleaning of dirt, sand and debris from street centerlines and pavement markings. The Contractor shall immediately respond when notified by the City to re -sweep unsatisfactory areas at no additional charge. The momentum or speed of the sweeper, while performing street sweeping operations, shall not exceed eighty percent (80%) of the manufacturer's recommendation. A real time GPS device shall be installed on each sweeper to measure and document the location, speed, and curb miles swept. Records produced by this device shall be available to the City upon request and retained during the duration of the contract. 4. Equipment Maintenance: A. The Contractor shall submit a quarterly report detailing the following for each piece of equipment: List each type of equipment that is to be used at the City by the Vendor with make, year, model and mileage e Maintenance Records and repairs e Servicing intervals for each piece of equipment ® Replacement criteria of equipment Number of "back-up" sweepers available for immediate use if a piece of equipment fails to operate B. The City shall have the right to perform periodic inspections of the equipment. If primary equipment is faulty, designated repairs or "back-up" equipment must be available within one hour to prevent delay to the sweeping operation. C. The City will provide overnight storage for the sweepers that are used in this contract. 5. Alternative fuel vehicles: The City requires that the Contractor use Compressed Natural Gas (CNG) fuel vehicles for street sweeping. The contractor shall provide newer equipment in good working order. Contractor's equipment must comply with applicable AQMD rules and regulations. The City maintains a CNG Station at the Corporate Yard at 15091 La Palma Avenue. The City will provide the CNG fuel to the Contractor at a cost equivalent to the AQMD pricing at the Diamond Bar location. 6. Disposal of Sweeping Debris and Refuse. Contractor pricing form provided includes the following three pricing options: A. The Contractor will be responsible for disposal of debris during daily street sweeping operations. The contractor shall dispose of all debris collected by hauling it to a legally established disposal area. B. Public Works will provide a transfer site at the City Yard, located in the City of Chino, where the debris will be dumped during daily street sweeping operations. This debris will then be collected by the contractor on a weekly basis and disposed of at a legally established disposal area. C. Public Works will provide a transfer site in the City of Chino Hills where the contractor will dispose of debris at no cost during daily street sweeping operations. 7. Water: The Contractor shall make arrangements with the City for use of fire hydrants and hydrant meter(s) to obtain water necessary for the execution of the contract. The Contractor shall be solely responsible for all water -related costs. 8. Timing Requirements: A. The vendor will be required to complete street sweeping routes as scheduled. At no time shall a vendor, for more than five (5) consecutive days, fail•to perform their contractual duties. Failure to perform for more than five (5) consecutive 2 days will constitute a breach of contract and the contract will be terminated in thirty (30) days with an issuance of Notice to Terminate. B. Street sweeping hours for residential streets to commence at 8:00 a.m. and cease at 4:00 p.m., Monday through Friday unless otherwise directed by City staff. C. Contractor shall sweep commercial and arterial streets between the hours of mid -night and 8 a.m. 9. Payment Withheld/Deducted: A. Work required in the specifications which is defective, incomplete, or not performed. B. Claims filed and/or reasonable evidence indicating probable filing of claims for damages caused by the contractor to private or public property. C. Failure of the Contractor to make payments properly to employees, subcontractors, or vendors for materials or services provided. D. Expenses incurred by the City to perform work required in the specifications that is defective, incomplete, or not performed. E. Costs incurred by the City due to extra administration costs for additional inspections and subsequent correspondence/notifications. 10. Termination Upon determination of the Public Works Director that the quality of workmanship being performed by the contractor does not meet the standards set by the City of Chino Hills as outlined in the specifications and/or for non-compliance of any provisions of the agreement entered into, the City may terminate this agreement upon thirty (30) days written notice to the Contractor. 11. Performance Bond: The successful contractor will be required to furnish, for the City Attorney's approval, a performance bond as surety for the faithful performance of this contract within ten days of a Notice of Award of contract. Said performance bond must be in the amount of $25,000 and must remain in effect for the duration of the contract. The surety company shall be required to notify the City in writing no less than thirty days prior to cancellation of the performance bond. Premium for the bond described above shall be paid by the contractor. The surety of the bond shall be a duly authorized corporate surety, authorized to do bond business in the State of California. City Resoonsibill ities The City will provide the vendor with appropriate direction to carry out the vendor's efforts. The City will also provide the vendor with current street sweeping routes and schedules. Administrative Elements 1. The Contractor shall assign a responsible representative and an alternate to coordinate with City staff. Any other changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel a breach of contract. 2. The Contractor shall provide all necessary personnel, instruments, equipment, and materials to perform the described services. a. The contractor shall assign a permanent driver to perform sweeping duties. A permanent back up driver shall be assigned to perform sweeping duties when the regular driver is scheduled off. Insurance: 1. Insurance Requirements. Proposer shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Proposer, its agents, representatives, or employees. Insurance is to be placed with a current A.M. Best's rating of no less than ANIL Proposer shall provide the following scope and limits of insurance: A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval by the City. (3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employer's Liability Insurance and covering all persons providing service on behalf of the Proposer and all risks to such persons under this Agreement. El B. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation and Employer's Liability: Worker's Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. 2. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: A. All Policies: Each insurance policy required by this paragraph shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. B. General Liability and Automobile Liability Coverages: (1) City, its officers, officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities Proposer performs, products and completed operations of Proposers; premises owned, leased or hired or borrowed by Proposer. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (2) Proposer's insurance coverage shall be primary insurance as respects to City, its officers, officials, employees or volunteers and shall apply in excess of, and not contribute with, Proposer's insurance. (3) Proposer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Any failure to comply with the reporting or other provisions of the policies including the breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 5 C. Worker's Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. 3. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this Agreement have been complied with. The City Attorney may require the Proposer furnish the City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required copies of all required insurance policies, at any time. A. Proposer shall furnish certificates and endorsements from each subcontractor identical to those Proposer provides. B. Any deductibles or self-insured retention must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the Proposer shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. C. The procuring of such required policy or policies of insurance shall not be construed to limit Proposer's liability hereunder to fulfill the indemnification provisions and requirements of this Agreement. Subject to availability, Consultant shall be authorized to purchase, at a cost equivalent to the AQMD pricing, compressed natural gas (CNG) for Consultant's street sweeping vehicles at City's CNG station located at 15091 La Palma Avenue, Chino, CA 91710. Market price shall be determined on the first of each month for the term of this Agreement. City shall deduct the amount of Contractor's CNG fuel purchases on a monthly basis from the payment for invoices submitted by Contractor for compensation. 9 Street Sweeping A. All labor, equipment and materials, with total debris $20.25 disposal costs borne by Contractor B. All labor, equipment and materials, with debris disposal $23.48 costs borne by Contractor and City provides local space for transfer of debris, C. All labor, equipment and materials, with debris disposal $16.78 costs borne by the City A -1