HomeMy WebLinkAbout_ Contract - Valley Vista Services, Inc. - Street Sweeping - 202024.pdfMAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 16, 2020 by and between the
City of Diamond Bar, a municipal corporation ("City") and Valley Vista Services, Inc.
Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the Street Sweeping services set forth in the attached
Exhibit "A", which is incorporated herein by this reference. As a material inducement to the
City to enter into this Agreement, Contractor represents and warrants that it has thoroughly
investigated the work and fully understands the difficulties and restrictions in performing the
work. Contractor represents that it is fully qualified to perForm such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
Jorge Garcia, Street Maintenance Superintendent (herein referred to as the "City's
Project Manager"), shall be the person to whom the Contractor will report for the performance
of services hereunder. It is understood that Contractor shall coordinate its services hereunder
with the City's Project Manager to the extent required by the City's Project Manager, and that
all performances required hereunder by Contractor shall be performed to the satisfaction of the
City's Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect July 1, 2020, and shall
continue until June 30, 2025 ("Term"), unless earlier terminated pursuant to the provisions
herein.
The City shall have the option to extend this Agreement for an additional two (2) year
term, subject to the same terms and conditions contained herein, by giving Consultant written
notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial
Term. In the event the City exercises its option to extend the Term, Consultant's
compensation shall be subject to an adjustment upon the effective date of extension as
follows:
Any increase in compensation will be negotiated between the City and the Consultant,
but in no event shall the increase exceed the amount that the Consumer Price Index
CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month
immediately preceding the Adjustment Date (the "Index Month") as reported by the
Bureau of Labor Statistics of the United States Department of Labor, has increased over
the CPI for the month one year prior to the Index Month. Any exercise of an option to
extend the Term and/or increase in compensation, negotiated or based upon CPI, shall
be subject to approval of the City Council.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor performs to the satisfaction of City in compliance with the scope of services set
forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form
specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed
two hundred two thousand two hundred ninety-six dollars and ten cents ($202,296.10) without
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the prior written consent of the City. The above not to exceed amount shall include all costs,
including, but not limited to, all clerical, administrative, overhead, telephone, travel and all
related expenses.
4. Payment.
A. As scheduled services are completed, Contractor shall submit to City an invoice
for the services completed, authorized expenses and authorized extra work actually performed
or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services
completed, the number of hours spent and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the
amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the
scope or complexity of work, or for any other reason, shall be made unless and until such extra
services and a price therefore have been previously authorized in writing and approved by the
City Manager or his designee as an amendment to this Agreement. The amendment shall set
forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by
City to Contractor.
6. Priority of Documents. In the event of any inconsistency between this
Agreement and the attached exhibits, the following order of precedence shall apply: (a) This
Agreement; (b) The City's Request for Proposal, dated February 4, 2020; and (c) Contactor's
Proposal dated March 5, 2020.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any
time, or in any manner, represent that it or any of its agents or employees are in any manner
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor under
this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor
relationship created by this Agreement. In the event that City is audited by any Federal or
State agency or the Public Employee Retirement System regarding the independent contractor
status of Contractor and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Contractor or its employees, then
Contractor agrees to reimburse City for all costs, including accounting and attorney's fees,
arising out of such audit and any appeals relating thereto.
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C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation
laws.
D. Contractor shall, at Contractor's sole cost and expense fully secure and comply
with all federal, state and local governmental permit or licensing requirements, including but
not limited to the City of Diamond Bar, South Coast Air Quality Management District, and
California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to offset
against the amount of any fees due to Contractor under this Agreement any amount due to
City from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification required by this Agreement or for any amount or penalty
levied against the City for Contractor's failure to comply with this Section.
8. Standard of Performance. Contractor shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions and
represents that it and any subcontractors it may engage, possess any and all licenses which
are required to perform the work contemplated by this Agreement and shall maintain all
appropriate licenses during the performance of the work.
9. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold harmless
City, its officers, officials, employees and volunteers ("Indemnitees") from and against all
liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees,
expert fees and all other costs and fees of litigation) of every nature arising out of or in
connection with:
1) Any and all claims under Worker's Compensation acts and other employee
benefit acts with respect to Contractor's employees or Contractor's contractor's
employees arising out of Contractor's work under this Agreement; and
2) Any and all claims arising out of Contractor's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement,
regardless of City's passive negligence, but excepting such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Should City in its
sole discretion find Contractor's legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable attorneys'
fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly
pay any final judgment rendered against the Indemnitees. It is expressly understood
and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed to
extend to any third-party indemnification rights of any kind.
10. Insurance.
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A. Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, with an insurance company authorized to do business in the
State of California and approved by the City the following insurance:
1) a policy or policies of broad-form comprehensive general liability insurance
written on an occurrence basis with minimum limits of $2,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Contractor, its officers, employees, agents, and independent
contractors in performance of services under this Agreement;
2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits
coverage of$2,000,000.00; and
4) Worker's Compensation insurance when required by law, with a minimum
limit of$500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property damage, and
automotive liability. The policies as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by
the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City at least
ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or
otherwise modify the insurance coverage and in the event of any of the same by the insurer to I
immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant to the
terms of this Agreement and shall be issued by an insurance company which is authorized to
do business in the State of California or which is approved in writing by the City; and shall be I
placed have a current A.M. Best's rating of no less than A-, VII.
E. Contractor shall submit to City (1) insurance certificates indicating compliance
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with the minimum insurance requirements above, and (2) insurance policy endorsements or a I,
copy of the insurance policy evidencing the additional insured requirements in this Agreement, i
in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall
allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible
of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the
SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the
approval of the City. Contractor understands and agrees that satisfaction of this requirement is
an express condition precedent to the effectiveness of this Agreement. Failure by Contractor
as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
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Should City pay the SIR or deductible on Contractor's due to such failure in order to secure
defense and indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Contractor for breach of this Agreement in addition
to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution
it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required
under this Agreement in full force and effect, City may take out the necessary insurance and
any premiums paid, plus 10°/o administrative overhead, shall be paid by Contractor, which
amounts may be deducted from any payments due Contractor.
I.Contractor shall include all subcontractors, if any, as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor to the City for
review and approval. All insurance for subcontractors shall be subject to all of the
requirements stated herein.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants
that all data, documents, discussion, or other information developed or received by Contractor
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Contractor without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon the
termination of this Agreement. Contractor's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor
prepares reports of a proprietary nature specifically for and in connection with certain projects,
the City shall not, except with Contractor's prior written consent, use the same for other
unrelated projects.
12. Maintenance and Inspection of Records. In accordance with generally
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accepted accounting principles, Contractor and its subcontractors shall maintain reasonably
full and complete books, documents, papers, accounting records, and other information
collectively, the "records") pertaining to the costs of and completion of services perFormed
under this Agreement. The City and any of their authorized representatives shall have access
to and the right to audit and reproduce any of Contractor's records regarding the services
provided under this Agreement. Contractor shall maintain all such records for a period of at
least three (3) years after termination or completion of this Agreement. Contractor agrees to
make available all such records for inspection or audit at its offices during normal business
hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if
requested.
13. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be perFormed by
Contractor under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Contractor further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Contractor shall
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avoid the appearance of having any interest which would conflict in any manner with the
performance of its services pursuant to this Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Contractor's covenant under this section shall survive the
termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be
upon the date specified in the notice of termination, or, in the event no date is specified, upon
the fifteenth (15th) day following mailing of the notice. In the event of such termination, City
agrees to pay Contractor for services satisfactorily rendered prior to the effective date of
termination. Immediately upon receiving written notice of termination, Contractor shall
discontinue performing services, unless the notice provides otherwise, except those services
reasonably necessary to effectuate the termination. The City shall be not liable for any claim
of lost profits.
15. Personnel. Contractor represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be perFormed by Contractor or under it supervision, and all
personnel engaged in the work shall be qualified to perForm such services. Contractor I
reserves the right to determine the assignment of its own employees to the perFormance of
Contractor's services under this Agreement, but City reserves the right, for good cause, to
require Contractor to exclude any employee from performing services on City's premises.
16. Prevailing Wage. Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public works is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of
the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such prevailing rates
of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810
Copley Drive, Diamond Bar, California, and are available to any interested party on request.
City also shall cause a copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars
25.00) for each laborer, workman or mechanic employed for each calendar day or portion
thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes
the award of a contract for a public work on any public works project awarded after April 1,
2015. This Agreement is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
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17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, refigion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of Contractor state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by this Agreement except contracts or subcontracts for standard
commercial supplies or raw materials.
18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
19 Delays and Extensions of Time. Contractor's sole remedy for delays outside
its control shall be an extension of time. No matter what the cause of the delay, Contractor
must document any delay and request an extension of time in writing at the time of the delay to
the satisfaction of City. Any extensions granted shall be limited to the length of the delay
outside Contractor's control. If Contractor believes that delays caused by the City will cause it
to incur additional costs, it must specify, in writing, why the delay has caused additional costs
to be incurred and the exact amount of such cost within 10 days of the time the delay occurs.
No additional costs can be paid that exceed the not to exceed amount absent a written
amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost
profits due to any delay, whether caused by the City or due to some other cause.
20. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without the prior
written consent of City, and any attempt by Contractor to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by City
of any payment to Contractor constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Contractor, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
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23. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the
parties, may be referred by the parties hereto for mediation. A third party, neutral mediation
service shall be selected, as agreed upon by the parties and the costs and expenses thereof
shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts
to resolve any such dispute or controversy so submitted to mediation. It is specifically
understood and agreed by the parties hereto that mutual good faith efforts to resolve the same
any dispute or controversy as provided herein, shall be a condition precedent to the institution
of any action or proceeding, whether at law or in equity with respect to any such dispute or
controversy.
24. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during regular business
hours or by facsimile before or during regular business hours; or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses heretofore set
forth in the Agreement, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
CONTRACTOR" CITY"
Valley Vista Services, Inc. City of Diamond Bar
17445 E Railroad Street 21810 Copley Drive
City of Industry, CA 91748 Diamond Bar, CA 91765-4178
Attn.: David Perez Attn.: Jorge Garcia
Phone: 626.855-5555 Phone: 909.839.7046
E-Mail: DavidPerez@zerepmanagement.com E-mail: JGarcia@DiamondBarCA.Gov
25. Governing Law. This Agreement shall be interpreted, construed and enforced
in accordance with the laws of the State of California.
26. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute one
and the same instrument.
27. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Contractor and
City. This Agreement supersedes all prior oral or written negotiations, representations or
agreements. This Agreement may not be amended, nor any provision or breach hereof
waived, except in a writing signed by the parties which expressly refers to this Agreement.
Amendments on behalf of the City will only be valid if signed by a person duly authorized to do
so under the City's Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of the
date first written above.
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Contractor" City"
VALLEY VISTA SERVICES, INC. CITY OF DIAMOND BAR
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2v zo By: By: / ,,c, ,
Printed Name: a"° ' Steve Tye
Title:iZ o 4-7' Mayor
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gy: S z z-o ATTEST:
Printed Name: D t-v 'ot-tiz
Title: 5=- '7
j Kristina Santana, City Clerk
Approved as to form:
a:-7 3By:
David DeBerry, City A orney
State of California "CONTRACTOR'S" License No. NA.
CONTRACTOR'S Business Phone 626.855.5555
Emergency Phone 626.945.0027
at which CONTRACTOR can be reached at any time.
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NOTE:If Contractor is a corporafion, the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only
one corporate officer exists or one corporate offrcer holds more than one corporate office, please
so indicate. OR
The corporate offrcer named in a corporate resolution as aufhorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretary close in time to the execution of the
Agreement, must be provided to the City.
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Exhibit A
Proposal
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P oposal fa 5't eet S'weeping Se vices
City of Diamond Ba I
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Valle Vista Services Inc. Y
17445 E. Railroad Street
City of Industry, CA. 91748
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Valley ista Services
Was(e Di.pu.+•ul tmd RecyrlinK Divia'ion
March 5, 2020
Proposal for Street Sweeping Services I Submittal Date:March 5,2020
City of Diamond Bar Submitted By:Valley Vista Services,
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March 5,2020
City of Diamond Bar
Deparhnent of Public Works
21825 Copley Drive
Diamond Bar,CA 91765
Valley Vista S.ervices,Inc.(VVS)is pleased to present the following proposal for Street Sweeping
Services for the City of Diamond Bar.
VVS is a medium sized company; financially sound fully capable of ineeting the requirements of
this RFP.We openly invite city staff to visit our offices in the City of Industry to view the quality
and efficiency of operation we promise the community of Diamond Bar.
VVS stands uniquely ready to service the City of Diamond Bar. If chosen,VVS will take any and
all actions necessary to ensure a smooth transition.
VVS has authorized Mr. David M. Perez,Vice President of VVS, as the responsible individual
for this proposal and contract if awarded. Mr. Perez can be reached at(626) 855-5555 and at our
corporate address stated above.
Sincerely,
David Perez
President
Proposal for Street S v pmg Services 2 Submittal Date:Ma•ch 5,2020
City of Diamond Bar Submitted By:Valley Vista Services.
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i ' Corporate Statements
1) This RFP shall be incorporated in its entirety as a part of the Contractor's proposal and price
quote.
2) VVS hereby accepts the terms of the Agreement(Appendix"B")
3) Statement from insurance agency offering acceptance of all the conditions and requirements
supplied—Exhibit A
4) The services to be provided, and fees therein, will be in accordance with the City's RFP
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5) "Exceptions to the City's Request for Proposal"—Exhibit B I
6) VVS shall adhere to all federal laws and regulations, state laws and local ordinances and I
regulations. In case of conflict between federal,state,or local laws or regulations,the strictest
shall be adhered to. I
7) VVS shall allow all authorized federal, state, county, and the City of Diamond Bar officials
Iaccesstoplaceofwork;books,documents,papers,fiscal,payroll materials,and other relevant
contract records pertinent to the provision of the seivices. All relevant records shall be
retained for at least five(5)years. I
8) VVS will not discriminate against any employee or applicant for employment because of race,
colar, religion, sex, or national origin. I
9) VVS shall comply with the California Labor Code.
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10) VVS shall comply with the Copeland Anti-kickback Act (18 USC 874C) and the
implementation regulation(29CFR 3) issued pursuant thereto, and any amendments thereof.
11) VVS shall follow the established daily working h urs and bi-weekly street sweeping schedule
Appendix"C").
Proposal for Street Sweeping Services 3 Submittal Date;March 5,2020
City of Diamond Bar Submitted By:Valley Vista Services.
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Statement of Qualifications
Work His[orv
WS has provided right of way clean up and street sweeping services for the past 45 years.
Beginning with our work in the City of Industry we have been able to provide mechanical broom
as well as vacuum power sweeping to several municipalities throughout the valley, Within the last
ten years we have been awarded conhacts and extensions in La Puente, Walnut, and provided
interim sweeping for the City of South El Monte. Our goal is to provide the highest quality of
service while working closely with staff and law enforcement to minimize constituent's issues or
complaints.
Kev Personne!
David M.Perez-Vice President Operations
David is a graduate of Don Bosco Tecluiical Institute in Rosemead,California.David was recently
tasked with the development and construction oversight of our new waste transfer and recycling
station which coznmenced operations June 18, 2001. David is also in charge of business
development and acts as the company's liaison with its entire contract cities.
Jesse Quintana-Controller
Mr. Quintana has over 25 years of accounting experience. He has a BA Degree in Accounting
form Cal State Fullerton and MBA from Pepperdine University. Mr. Quintana has worked for
fortune 100 companies such as Northrop, Rockwell Tnternational, Emerson Electric and Crane
Co. He possesses 15 years of experience in the waste management industry w rking for such
companies as Consolidated Disposal, Republic Industries, and Calmet Services, In each of these
positions Mr. Quintana has held the position of either CFO or Controller and has been extensively
involved in all aspects of administration and financial management.
Susan Silvestri-Customer Service Supervisor/Office Manger
Ms. Silvestri brings over 15 years experience in the customer service and office management
profession to VVS. Ms. Silvesti has expertise in the solid waste management Industry, having
managed a customer service department for a well-established solid waste firm in Los Angeles
County for the last seven(10)years.
Rodolfo Fernandez—Operations Manager
Mr.Fernandez has been in the waste management industry for the past 20 years. During that time
he operated and managed sweeping seivices for a large Orange County firm. He joined WS two
years ago and has brought that expertise as well as his organizational skills to our firm.
Proposat for Street Sweeping Services 4 SuUmittal Date:March 5,2020
City of Diamond Bar Submitted By:Valley Vista Services.
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I-Tenry Rodriguez—Route Supervisor
Mr. Rodriguez has been overseeing our Diamond Bar routes since 2005'. He has an excellent
knowledge of the area and of the expected performance of our crews and their taslcs. He is very
adept at scheduling, routing, and insuring that any issue is followed through to a satisfactory
resolution. If awarded the contract Mr. Rodriguez will be the daily point of contact for City staff
and has direct communication with our sweeper drivers for immediate feedback.
Aagie Landino-Maintenance Shop Manager
Mr. Landino began his careex with VVS in 1968, when the company was relatively small. Before
joining the company,he brought with him a varied background of experience. Stai ting as a welder
in the equipment shop, he made the transition to full tiine mechanic when the Company's growth
started taking of£ As the shops' manpower requirements increased, Augie assumed the position
of foreman, and is currently the shop maintenance supervisor.
Ehuinnre it
VVS will be using Tvnrco Mode/ 600 Re euerntive Air Sweencr(s). See Exhibit "C" for more
detailed specs on the sweeper. Our sweepers are maintained on our corporate yard located at 1037
South Hatcher Avenue in the City of Industry. All major and minor equipment repairs are done
onsite with our professional trained staff of 20 mechanics.
Our vehicle maintenance shop is state of the art facility has been designed to make vehicle repair
and maintenance easy and efficient. All bays have overhead reels far fluids, air, and electricity.
Everything a mechanic needs is at his or her fingertips. The shop features a 75,000-pound capacity
drive-on lift so that mechanics can service camponents under vehicles with ease and comfort.
Our shop has a separate, secured parts inventory area with over$300,000 worth of inventory. Our
extensive inventory insures our clients that the fleet seivicing their community is n.eticulously
maintained, guaranteeing uninterrupted service.
Financial Resnonsibilitv
Valley Vista Service will provide at our corporate office for review, 3 years of audited financial
statements which will demonstrate the company's ability to provide adequate financial resources
to perform the services required by the contract specifications.
Proposal for Street Sweeping Services 5 Submittal Date:March 5,2020
City of Diamond Bar SuUmitted By;Valley Vista Services.
16 of 34
Ofv teislriU
VVS is a family owned and operated California Corporation. Founded in 1957,VVS has offered
residential, commercial and Industrial services for 60 years,
WS is a wholly owned subsidiary of Zerep Management Corporation.
Zerep Management Corporation is owned by Judie and David Perez. These individuals own SO%
each of the corporation.
Proposal for Strect Sweeping Services 6 Submittal Date:March 5,2020
C9ty of Diamond Baz Submitted By:Valley Vlsta Services.
17 of 34
Appendix A-1
PROPOSALFORM
STREET SWEEPING SERVICES
The undersigned as Contractor declares that he/she has carefuliy examined the location of
the proposed work, that he/she has examined the Specifications and read the
accompanying instructions to Contractors, and hereby proposes and agrees, if the proposal
is accepted, to furnish all materials and do all work required by Specifications and
Agreement.
Name of Company: Valley Vista ervices, Inc.
Address: 17445 E Railroad Street. City of Industry, CA 97148
Phone/fax: 626) 855-5555 (626) 581-7615 fax
Contact Person: David Perez
Years in business: 65
EmerqencY After Hours
Contact Name: Rodolfo Fernandez
Emergency Phone Number: (F2) 45-Q027
The undersigned Contractor further understands that the City of Diamond 8ar reserves the
right to award all ar any part of this contract without any obligation to the City. The City also
reserves the right to waive any informality in proposals.
Name of Contractor
Valle Vis Services Inc.
By:
Signatur of ntractor)
Dated: 03/05/
18 of 34
Appendix A-2
PROPOSALFORM
STREET SWEEPING SERVICES
Item 1: Street Sweeping Rates
Contract pricing for years one (1) through five (5) must be firm, fixed pricing. Pricing for
subsequent contract renewals will be limited to the Consumer Price Index (CPI) for Any
such proposed price adjustment and shall not exceed the Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, CA. All Items,
Not Seasonally Adjusted, "annualized change comparing the original proposal month and
the same month in the subsequent year. (March-March comparison).
The Contractor shall submit its request in writing, to be received by the City in person or via
certified mail a minimum of 60 days prior to the proposed adjustment date.
Pricing Per Curb Mile Estimated Annual Annual Cost
Price Miles Years 1-5
Arterials $ 17.40 1,271.00 22,115.40
Alleys $ 17.40 31.00 539.40
Collector/Residential $ 17.40 8,633.50 150,222.90
Center Medians $ 17.40 930.00 16,182.00
Painted Medians/2-Way $ 17.40 186.00 3,236.40
Left Turn Lanes
Total Annual 192,296.10
Cost:
In the event any new streets are added within the City of Diamond Bar, the charge for each
additional curb-mile swept shall be:
17.40 Per Curb-mile
Item 2: Composting Program (optional)
Pricing Estimated Transportation Disposal Total
Annual Costs Per Ton Cost Per Cost
Tonnage Ton
Composting Program
Facility Proposed: _Grand
Central Recycling & 350 N/A 15.00 5,250
Transfer
Facility Location:
City of Industry
Diversion %: 96%
1
19 of 34
Appendix A-3
Work Historv Qualification
STREET SWEEPING SERVICES
a. Work Historv: In order to determine the eligibility of the Contractors, please list
other public entities for whom the Contractor has performed similar work, including
date and length of contracts, names, addresses, and telephone numbers, Existing
services will be subject to inspection by the City. (Use attached sheet if needed).
Cifiy/Public Contract Reference Address Telephone
Agency Term (years Name Number
of senrice
City of La Puente 18 John Di Mario 15900 E Mai (626)855-1517
City of Walnut 9 Alicia Jensen 21707 Valley (909)598-5605
City of Industry 30 Troy Helling 15652 StafFor (626)333-2211
2
20 of 34
Appendix A-4
EQUIPMENT INVENTORY
STREET SWEEPING SERVICES
The Contractor shall set forth in the form below:
1. List all equipment items that the Contractor will use to provide the described
services. Equipment should be listed regardless of whether the Contractor owns
the equipment; intends to purchase, lease, or rent the equipment; or will
subcontract the services requiring said equipment.
2. A complete description of the GPS system utilized by the Contractor including
system capabilities and computer requirements.
The information provided in this attachment is for the purposes of determining the
Contractor's commitment, and preparedness to perform the Scope of Services and
assuring that the Contractor's proposal is reasonable and complete. Nothing in this
attachment shall in any way be construed to remove, lessen, or relieve the Contractor
from any responsibility prescribed by the Contract.
Contractor may attach additional pages, if needed. Label any such pages
Contractor's Equipment—Additional Information."
i ;i:_
j i:::•i i•,;,,,
TYMCo soo TBD FR HT 2 2o CNG PRIMARY
TY Ca 00 6MAp 9 FRGHT 2Q13 CN BACKUP
3
21 of 34
Appendix A-5
Description of GPS System—Capabilities and Computer Requirements
Valley Vista Services will be using "Teletrac Fleet Director" GPS tracking e ui mqent
and software. This provides our driver with mapping and tracking to ensure that all
streets are swept wifih no misses as well as providing our dispatch and route supervisors
the ablility to track vehicles real time and provide accurate reporting of swept miles, speed,
and hours spent. The application is web based allowing City personnel access from
mos any compu er or an e evice o view rea ime rac ing. ease see a ac ed
a r .
i
I
i
i
4
22 of 34
Appendix A-6
Work Plan
STREET SWEEPING SERVICES
Piease use this space to describe the work steps to be taken and tirning and how the
contract would be transitioned (if selected). Additional sheets may be attached, please
make sure to label each page.
5
23 of 34
Appendix A-7
Acknowledqement Form
STREET SWEEPING SERVICES
II
The undersi ned who submits herewith to the City of Diamond Bar a proposal does9
herby certify that:
a. This RFP shall be incorporated in its entirety as a par#of the Contractor's proposal
and price quote.
b. The firm accepts the terrns of the Agreement(Appendix "B").
c. The insurance agency offering acceptance of all the conditions and requirements
listed for insurance and that proof of these insurance requirements can be met and
will be provided within ten (10) days of award of contract.
d. Services to be provided, and fees therein, wiN be in accordance with the City's
RFP.
e. Contractor shall adhere to all federal laws and regulations, state laws and local
ordinances and regulations. In case of conflict between federal, state, or local laws
or regulations, the strictest shall be adhered to.
f. Contractor shall allow all authorized federal, state, county, and the City of Diamond
Bar officials access to place of work, books, documents, papers, fiscal, payroll
materials, and other relevant contract records pertinent to the provision of the
services. All relevant records shall be retained for at least five (5) years.
g. Contractor will not discriminate against any employee or applicant far employment
because of race, color, religion, sex, or national origin.
h. Contractor shall comply with the California Labor Code.
i. Contractor shall comply with the Copeland Anti-kickback Aci (18 USC 74 C) and
the implementation regulation (29 CFR 3) issued pursuant thereto, and any
amendments thereof.
j. Contractor shall follow the established daily working hours and bi-weekly Street
sweeping schedule (Appendix "C"). For the months of January and December
street sweeping is done on a weekly basis.
k. The Contractor's work schedule shall reflect the various maintenance activities
necessary to provide Street Sweeping Services and other related services over a
one-year period which shall be coordinated with the City's trash pick-up and tree
watering activities.
I certify under penalty of perjury under the laws of the State of California, that
the foregoing is true and correct and that this certification was
executed on_
March O5,2020 Date) at Industry (I cation), California,
By:David Perez/President
Print Name/Title Signa r
6
24 of 34
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If You Manage a Fleet,Fleet Director is the Software Platform
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26 of 34
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Eliminaiing time-consuming and error-prone manual logbook r ;,, ,,, oo:o.n.
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streamlinin the rocess of enterin recordln com letin and
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28 of 34
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TeletracC has been our telematics We've been hauling mail excluslvely Our core b,asiness fs train
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Director solution set,services and required GPS on all carrier trucks within pfeces of highly specialized vehicles in
product roadmeps With Teietrac0 60 days to get compliant We had GPS our fleet,we have no backups.Fieet
telematics,assets are protected on our trucks before with little success. Director vehicle diagnostics gives us
24/7/365 and you get all the data We selected Tele trac because they the data,analysis and alerts to pro-
necessary to effeclively manage were endorsed by the Postal 5ervlce acfively mainiain our fleet,vlitually
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drop off,This has helped us obtafn Friesenhahn Plumbinc Brothers Produce
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29 of 34
i
Work Plan Appendix A-6
V VS has been involved in several transitions to date and would be eager to begin vork in Diamond
Bar. Our staff is already familiar with the City and has in fact provided commercial refuse and
recycling collection for over twenty years. If awa•ded the street sweeping contract we would work
with staff and the City's current residential refuse collector to ensure that the sweeping schedule
was optimized for sweeping to occur the following day of refuse collection.
Our drivers would begin t aveling all city streets to familiarize themselves with all details of the
routes. Special sensitivity would be given to School zones and major traff'ic areas to ensure proper
timing of sweeping services. Contact would be made with Walnut Valley Water to make
arrangements for procuring water and metering at specified locations.
Any adjustments to mapping or scheduling would be completed (if necessary) with City Staff's
approval to allow for proper posting and notification to take place. Equipment and signage would
be made ready for the July l, 2020 start date. Outreach and notification of services as well as
Customer Service phone number would be circulated through City approved media services.
Proposal for Street Sweeping Services 7 Sobmittal Date;March 5,2020 I
City of Diamond Bar Submitted By,Valley Vista Services,
30 of 34
Reference Sheet
City uf Industay
Contact:Troy Helling—City Manager
15651 E Stafford Street
City of Industry, CA 91744
thcllin a,citvollndustry.org
Voice(626)333-2211 Fax{626) 961-6795
City of Walnut
Contact:Ms.Alicia Jensen
21201 La Puente Rd.
Walnut, CA 91789-2018
Jensen(a citYofwainut.orQ
Voice(909) 595-7543 Fax(909)909-595-6095
City of La Puente
Contact:Mr. John Di Mario—Public Works Director
15900 E. Main Street
La Puente, Ca. 91744-4719
jdimario(c lanuei te.urs
Voice(626) 855-1500 Fax(626) 961-4626
Proposal for Street Sweeping Serviccs 8 Submittal Date;March 5,2020
City of Diamond Bar Submitted By:Valley Vista Services.
31 of 34
Request for Taxpayer Give Form to the
Form
Fiev.Octo6er2018) Identification Number and Certification requester.Do not
Departmentof theTreasury se d to the IRS.
Intemel Revenue Service i Go to www.lrs.gov/FormW9 for(nstruotions and the latest iniormation.
1 Nama(as shown on your income tax return).Name Is requlred on this Ilne;do not leave thls Ifne blank,
Valle VIS B SCNICBS,InC
2 Business name/disragarded entiry oame,if diHerent irom e6ove
3 Check eppropriate box Tor federal tax classiflcation of the person whose name is entered on Ilne 1.Check only one of lhe 4 Exemptione(codes apply only to
following seven boxes,certain entitias,not individuals;see
Q Instructlone on page 3):
p IndividuaVsole proprietor or C Corporation S Corporation Partnershlp TrusVastate
single-member LLC Exempt payee code(I(any)
0
Limited liebility company.En[er the tax classification(C=C corporation,S=S corporation,P=Partnership)
g Note:Check the approprials box In ihe line ubovo for the lax cless{Ilcatinn oi lho sln8le•mombar ownar. Oo not chock Exemption irom FATCA reporting
LLC If the LLC(s classllled as a sinple•roombor LLC Ihot le tlieragarded from the owner unless Ihe oWnor ol ihC LLC Is
code Qf any)
au another LLC that is not dfsregardeU from tha owner for U.S:ledernl tex purposes.Othenvlse,a single•mombor LLC hut
Is disregarded lrom the owner shouid check the epp opriate box for the tax classifice[fon af its owner.
y Othar(ses Instruclions)
AppNef fa eccounh ms'nle/ned vulslda I e U.S.)
y 6 Adtlrsss(numbar,atreet,and apt.or sulte no.)3ee InstrucUons.Requester's name nnd nddr ss{nplional}
17445 E Raflroad Street
8 City.state,end ZIP oode I
Cit of(ndustr CA 911a8
7 List account number(s)hare(optionaq
Tax ayer ldentification Number IN)
II
E ter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Soclal securiry number
backup withholding.For individuals,ihis is generally your social security number(SSN).However,for a I
resident alien,sole proprietor,or disregarded enilty,see the instructions for Part I,later.For oiher I
enlities,it is your employer identiflcation number(EIN).If you do not have a number,see How to get a -m i
TIN,later.oY
Note:IF the account Is in more than one name,see the insirucllons for Iine 1.Also see What Name and Empioyor identifloation number
Number To Give the Requester for guide ines on whose number to enter.
9 5 - 4 4 6 0 1 8 1
I
Certification
Under penalties of perjury,I certify that:
1.The nun ber shown on this form is my correct taxpayer ldentit(cation number(or I am waiting tor a number to be issued to me);and
2.I am not subject to backup withholdfng because:(aj i am exempt Irom backup withhotding,or(h)I have not been notiffed by the Internal Revenue
Service(IRS)thaf I am subJect to backup withholding as a result o(a failure to report all Interest or dividends,or(c)the IRS has notified me thai I am
no longer subjeet ta backup wfthholding;and
3.I am a U.S.citizen or other U.S.person(delined below);and
4.The FATCA code{s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
CeHificatfon I atructfons.You must cross out item 2 above H you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to reporl all interest and dividends on your tax return.For real estate transactlons,item 2 does not apply.For mortgege interest paid,
acqufs(tion or abandonment of secured pro e y,cancellation ot debt,contributlons to an individual retirement arrangement(IRA),and generelly,payments
other than interesi and dividends,you are no quired to sign the certificatlon,but you must provide your correct TIN.See the Instructlons for Part II,later.
Sigfl Signature of
Here U.S.person Date , . ol_Fj
General Instruetions Form 1099-DIV(divldends,including those fram stocks or mutual
tunds)
Secilon references are to the Internal Reve e Co o unless otherwise Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest inform N n about developments .Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and Its instructions,such es Iegislation enacted Iransactions by brokers)
efter they were published,go to www.lrs.gov/FamW9.
Form 1099-S(proceeds from real estate transactions)
Purpose of Form Form 1 D99-K(merchant card and third party natwork transactions)
An individual or entiiy(Form W-9 requester)who is required to file an Form 1098(home mortgage interest),1098-E(student loan fnterest),
information return with the IRS must obtain your conect taxpayer 1098-T(tuition)
identification number(fIN)which may be your social security number Form 1099-C(cenceled debt)
SSN),individual taxpayer identification number(ITIN),adoptfon
Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
EIN),to report on an informatlon return the amount pald to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an Information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you mlght
Form 1099-INT(interest earned or paid) be subject to backup withholding.See Whet is backup wlthholding,
later.
Cat.No.70231X Form W-9(Rev.10-2018)
32 of 34
City of Diamond Bar
Residential Street Sweeping Appendix -C
Days & Times
Mon-Zone 1
Tue-Zone 2
Wed-Zone 3
Thu-Zone 4
Fri-Zone 5
except private streets)
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Wednesday e 7:30`am-1
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Chino Avenue
Chino Hills Parkway
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Copley Drive
Diamond Bar Boulevard
Gateway Center Drive
Grand Avenue
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Golden Springs Drive
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Pathfinder Road
Temple Avenue/Avenida Rancheros
Valley Vista Drive
Walnut Drive
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Mi{es
CALIFORNIA
This map sha not e reproauced or distri We x+ aut
0 p ar writtert cansent Copydght 2019:Ctty of Olamond 9ar
Map Crealed:OJ/3112019