HomeMy WebLinkAboutContracts & Agreements_73-2024NPS-2.2 (2/22)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of street sweeping services ("Agreement") is made and
entered in this 16th day of April, 2024 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and SCA of CA, LLC, a Delaware limited liability company
("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and,
together, as the "Parties." In consideration of the mutual promises contained herein, City and
Contractor agree as follows:
ARTICLE 1— ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform street sweeping services for City (the
"Services"). The Services that Contractor shall perform are more particularly described in
Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein
by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state, and local laws and regulations in
the performance of the Services including, but not limited, to all applicable Labor Code
and prevailing wage laws and non-discrimination laws, including the Americans with
Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of
per diem wages as determined by the Director of the California Department of Industrial
Relations for each craft, classification or type of worker needed to undertake the Services
are on file at City's Municipal Utilities and Engineering Department, located at the Civic
Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
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2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign
to City all rights, title and interest in and to all causes of action it may have under section
4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2
(commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, goods or materials pursuant to this Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably
assist Contractor in performing the Services.
3.2 City designates Tabitha Crocker, Facilities and Community Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret, and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall
perform and complete the Services in a prompt and diligent manner in accordance with the
schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by this
reference.
4.2 The term of this Agreement shall be for a period of three (3) years from the Effective Date
of this Agreement (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"),
on the same terms and conditions, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term or any Extended Term. The Initial
Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of
this Agreement.
4.3 Contractor shall furnish a labor and material bond which renews annually in the form attached
hereto as Exhibit "B," and incorporated herein by this reference, in an amount equal to one
hundred percent (100%) of the annual compensation to be paid to Contractor pursuant to this
Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor's performance of the Services shall not exceed the
amount of One Million Three Hundred Thirty -Four Thousand Four Hundred Seventy Nine
dollars and thirty two cents ($1,334,479.32) for the Services provided during the Initial
Term. Should this Agreement be renewed, the compensation for Contractor's performance
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for the Services shall not exceed the amount of Four Hundred Forty Four Thousand Eight
Hundred Twenty Six dollars and Forty Four cents ($444,826,44) for the first Extended
Term; and Four Hundred Forty Four Thousand Eight Hundred Twenty Six dollars and forty
four cents ($444,826.44) for the second Extended Term, bringing the total possible amount
of compensation to a not -to -exceed amount of Two Million Two Hundred Twenty Four
Thousand One Hundred Thirty Two dollars and Twenty cents ($2,224,132,20). For the
Initial Term and each Extended Term, City shall pay Contractor on a time and materials
basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit
"C," titled "Fee Schedule," which is attached hereto and incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City
of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
CONTRACTOR
Brad Becker, Regional Vice President
SCA of CA, LLC
4141 Rockside Road, Suite #100
Seven Hills, OH 44131
bids@sweepingcorp.com
216-777-2750
216-777-2766
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
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A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws of
the State of California. Contractor shall execute and provide City with Exhibit "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed
officials, employees, and agents from and against any and all claims, losses and liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Contractor,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
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(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (i) no amount shall be allowed for anticipated profit or unperformed Services,
and (ii) any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
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Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
CITY OF ' . O ► I S SCA of CA, LLC
By: i / By:
ddie Tejeda, Mayor
ATTEST:
e Donaldson, City Clerk
Brad Becker, Regional Vice President
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EXHIBIT "A"
SCOPE OF SERVICES
1. Furnishing at its own expense all labor, equipment, and materials necessary for the
satisfactory performance of the street sweeping.
2. Contractor is required to ensure that all locations are cleaned and/or swept free of all trash,
dirt and debris. Locations that are inaccessible to a sweeping machine, must be cleaned out
by hand or other means. For example, corners or tight cul-de-sacs should be swept out by
hand broom or blower and collected for disposal. After sweeping, curbs and gutter shall be
left in a clean condition (free from residue).
3. Locations that cannot be directly cleaned with a sweeping machine (i.e. parked car with debris
behind it), the Contractor shall be required to use a blower to clean off the identified
infrastructure and then collect and dispose of the debris, or other cleaning methods as
approved by the authorized City representative.
4. Contractor is required to immediately notify and report to the authorized City representative
the existence of large debris or illegal dumping that cannot be cleaned and disposed of by this
contract.
5. Contractor shall make as many passes as are necessary to leave the streets in clean
condition.
6. Contractor shall maintain a log that indicates dates, times, streets and miles swept. The log
shall be available for the inspection by the Facilities & Community Services Director or his
designee.
7. Holidays: Sweeping Services shall be provided on all holidays that the City provides
refuse/recycle services.
8. Hours: Sweeping operations shall be conducted during hours that increase the benefit of the
program. Residential shall be swept between 7 a.m. and 5 p.m. Commercial and Industrial
areas shall be swept between the hours of 6:00 a.m. and 5:00 p.m. and downtown area shall
be swept between the hours of 3:00 a.m. and 6:00 a.m.
9. Delays in Sweeping: Regular Sweeping shall not be required in the event of inclement
weather.
10. Equipment: Sweeping shall be conducted by Tymco 600 or approved equal.
11. All sweepers utilized in this contract must be alternative fuel vehicles, fueled by compressed
natural gas (CNG) or propane and that the City, as part of the contract, can sell CNG fuel to
the firm. The City will require that the sweepers be equipped to work with both recyclable and
domestic (potable) water, the use of recycled water shall be priority while performing daily
operations. The selected Contractor will meet all Federal, State and local regulations,
including, but not limited to SCAQMD Rule 1186.1. Contractor shall have and maintain a
minimum of three sweepers: Two (2) primary alternative fuel sweepers and one (1) back-up
alternative sweeper for use in providing the services to the City.
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12. In the event that a sweeper requires repair or replacement, a replacement sweeper will be
provided so that the established inventory does not fall below the above stated requirements.
The selected vendor shall maintain the sweepers in good, clean, working condition. Any of
the primary sweepers needing to be permanently replaced due to age and condition of the
vehicles shall be replaced with a new vehicle.
13. Global Positioning System (GPS) Tracking: All primary street sweepers shall have installed a
GPS that will enable the City to view via computer Internet where the sweepers are at all
times. The cost of the entire GPS system will be the responsibility of the selected vendor and
the system must be capable of the following;
a. The system shall be Internet based and the selected vendor shall provide to the City a
minimum of two (2) accounts to have full access to the site.
b. The system shall be capable of gathering and reporting the following real time data; speed,
direction, location on a map, address, distance traveled, brooms up or down water on or
off.
c. The sweepers' path of travel superimposed on a map.
d. Generating an email alert whenever sweeper speeds exceed 6 mph or sweeper non -
movement for periods in excess of one hour.
e. Generating daily reports of sweeper activity including the previously required elements.
f. Maintaining the data for a period of 90-days, after which data will be downloaded to the
City for storage.
g.
Two way voice or text messaging communication between the City and the individual
sweepers must be available.
h. GPS system must be up and running within 30 days of signing the agreement.
14. Response to complaints: Contractor shall respond within 24 hours to requests or complaints
called in from the Department. Contractor shall investigate any complaints that may concern
or involve the performance of the Street Sweeping Services. Contractor shall report to the
Facilities & Community Services Director or his designee, on the following working day, as to
the action or procedure taken with reference to any complaints.
15. Disposal of Sweeping: Contractor shall utilize the County landfill to dispose of debris and trash
or other designated disposal site that accepts debris and trash from a street sweeper; selected
Contractor is responsible for disposal fees.
16. Water: Contractor shall obtain a portable water meter from the water department customer
service division, and shall obtain and pay separately for all water necessary for street
sweeping services. The City of Redlands will not provide water for this contract.
17. Speed Limit of Sweepers: Sweepers shall not operate above 5 miles per hour, especially
around curbs and bends, or optimal maximum speed as specified by the manufacturer for
optimum sweeping.
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18. Record Keeping: Contractor shall provide the following records:
19. Maintain a daily log detailing mileage and cubic yards/tons of materials collected.
20. Submit to the City a monthly report which summarizes curb mileage for residential,
commercial and industrial disposal.
21. Provide a report that specifies number and nature of complaints received when they were
responded to and how they were resolved.
22. Provide a report that contains lists of trees, vegetation, inoperative motor vehicles, and any
other obstructions which impede sweeping.
23. Contractor may, from time to time, be required to attend a quarterly meeting at which monthly
reports, complaint Togs and other documentation will be reviewed and discussed.
24. Contractor shall utilize alternative fuel street sweepers and comply with all Federal, State and
Local regulations pertaining to sweeper equipment operation including, but not limited to,
SCAQMD Rules 1186.1. The Contractor shall also provide all necessary operational
information and data that may be required to complete the reporting requirements of any
legally established regulatory agency.
25. Licenses: Contractor shall obtain a current City of Redlands business license before services
are rendered.
26. Event of Default/Liquated Damages: Failure of the Contractor to complete the work in
accordance with the agreement and specifications will result in damages being sustained by
the City. Such damages are, and will continue to be, impractical and extremely difficult to
determine. The following are events of default that shall be cause for liquidated damages:
A. Operation of sweeper without using sufficient water to control dust.
B. Operation of sweeper exceeding the stated speed limits for operation.
C. Missing scheduled sweeping days without providing prior notice to the Facilities &
Community Services Director or his designee (excluding inclement weather).
27. When observed violating the foregoing on the first occurrence, the Contractor will be notified
in writing by the City. Contractor shall respond within five (5) days with a written plan stating
how compliance will be corrected. If the Contractor violates the same specifications a second
time, within a 30-day period, the City shall have the right to withhold payment of $300.00 from
the subsequent invoice following the month the violation occurred or went unresolved.
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EXHIBIT "B"
LABOR AND MATERIAL BOND
Bond No. LICX1.979752
Whereas, the City of Redlands, State of California, and SCA OF CA, LLC, (hereinafter
designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal
agrees to provide street sweeping services (the "Work"), which said agreement, dated April 16,
2024, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public
Builds and Grounds" is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the
performance of the Work, to file a good and sufficient Labor and Material bond with the City of
Redlands to secure the claims to which reference is made in Title 3 (commencing with Section
9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, this bond is for the term beginning April 16, , 2024 and
ending April 15, 2025, but may be extended by continuation certificate executed
by the Surety, at the option of the Surety. Neither non -renewal by the Surety, nor failure, nor
inability of the Principal to file a replacement bond shall constitute a loss to the Obligee which is
recoverable under this bond. Surety's liability under this bond and all continuation certificates
issued in connection therewith shall not be cumulative and shall in no event exceed the amount
as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety
as supplements thereto.
Principal and the undersigned as corporate surety, are held firmly bound unto the City and
all contractors, subcontractors, laborers, material men and other persons employed in the
performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum
of Four Hundred Forty Four Thousand Eight Hundred Twenty Six dollars and Forty Four cents
($444,826.44) for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same
in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon
this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorneys' fees, incurred by the City in successfully enforcing such
obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 3 (commencing with
Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the Agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration, or addition.
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In witness whereof, this instrument has been duly executed by the Principal and
surety above named, on April 16, 2024.
(SEAL)
SCA of CA, LLC
(Contractor)
(Signature) 9�
(SEAL)
Lexon Insurance Company
(Surety
BY:
(Signatur James I. Moore, Attorney -in- -act
Address:
1411 Opus Place, Suite 450
Downers Grove, IL 60515
(Seal and Notarial Acknowledgment of Telephone( 630) 468-5600
Surety)
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STATE OF ILLINOIS
COUNTY OF DU PAGE}
On APR 6 20� , before me, Lisa Marotta, a Notary Public in and for said County and State,
residing therein, u y commissioned and sworn, personally appeared, James I. Moore known to me to
be Attorney -in -Fact of Lexon Insurance Company , the corporation
described in and that executed the within and foregoing instrument, and known to
me to be the person who executed the said instrument In behalf of the
said corporation, and duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated
in this certificate above.
My Commission Expires, February 7, 2026
Commission No.946275
Lisa Marotta, Notary Public
LISA MAROTTA
OFFICIAL SEAL
Notary Public - State Of Illlnols
My Commission Expires
February 07, 2026
SOMPO INTERNATIONAL
INSURANCE
POWER OF ATTORNEY
1079
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ("EAC"), Endurance American Insurance Company, a Delaware
corporation ("EAIC"), Lexon Insurance Company, a Texas corporation ("LIC"), and/or Bond Safeguard Insurance Company, a South Dakota corporation ("BSIC"), each,
a "Company" and collectively, "Sompo International," do hereby constitute and appoint: James I. Moore, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner, Jennifer
J. McComb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Amy Wickett, Martin Moss as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver
for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions,
agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered
shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars ($100,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th
day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate".
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by
unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since
been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto
by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect
to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of
May, 2023.
Endurance Assurance Corporatio
By: 4CL" V )
Richard A ppel,�$,VR�,&nior Counsel
,•gym o�po/Rq�_IC'o
r SEAL,
2002 •
Endurance American Lexon Insurance Company
In ura'c Cavort
By:_ ,i "r ) LE t{f)
Richard Appela,SWP'8.,r,Senior Counsel
S<.oan Ins4r,,4
?`T C, G, W .
8' f SEAL ; n
=m:. 1996 iQ=
y -p, DELAWARE,. a3
43''4 umiM,` �. ACKNOWLEDGEMENT
Ricciard Appel;
Senior Counsel
Bond Safeguard
In ura ce Co pa y
By: / Lit.?
Ric arts d Ap eI• SV�8 nior/ ouns PP *si, iNS el
�0,' A
SOUTH n
DAKOTA •Ogr.
a; INSURANCE 'a
ZQ•• COMPANY
•
'S..
11•''4444, m m n n u n at'" `�
On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly swom, did depose and say that he/tkler V,-fafpcer of each
of the Companies; and that he executed said instrument on behalf of each Company by authority of his offic- under th? by ws of each Company' .,doe '•.
CERTIFICATE
I, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified;
that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of
attorney and of the whole thereof;
2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective 30th day of March, 2023 for BSIC
and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds,
undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS,
CHRISTOPHER L. SPARRO,
and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds,
undertakings or obligations in surety or co -surety for and on behalf of the Company."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 16th day of Aril / 2024
By:
sure
1I EESSEE —
O MR"
Amy aylor, No `Public My Commissign Expires 3/9/27,
r, t'oSaHco�.�'
By:
Dame S. .rie 'i ^ etary
NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information conceming
possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed
numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located
on the United States Treasury's website — https://www.treasurv.00v/resource-center/sanctions/SDN-List.
In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially
Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately
subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without
authorization from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonCiaimAdministration(aisomno-Intl.com
Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870
NPS-2.2 (2/22)
EXHIBIT "C"
FEE SCHEDULE
PRICE & FEE BID SHEET
BID A — SCHEDULED WORK
ITEM DESCRIPTION
UNIT OF
MEASURE
(MILES)
NUMBER OF
SWEEPS PER
YEAR
UNIT PRICE
PER SWEEP
TOTAL PRICE
Downtown area
2082
156
$27.00
$56,214.00
1st & 3rd Monday
1,837
24
$24.50
$45,006.50
1st & 3rd Tuesday
1234
24
$24.50
$30,233.00
1st & 3rd Wednesday
1027
24
$24.50
$25,161.50,
1st & 3rd Thursday
1218
24
$24.50
$29,841.00
1st & 3rd Friday
1272
24
$24.50
$31,164.00
2nd & 4th Monday
1685
24
$24.50
$41,282.50,
2nd & 4th Tuesday
1390
24
$24.50
$34,055.00
2nd & 4th Wednesday
1262
24
$24.50
$30,919.00
2nd & 4th Thursday
1950
24
$24.50
$47,775.00
2nd & 4th Friday
1035
24
$24.50
$25,357.50
TOTAL BID A
$397,009.00
12
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NPS-2.2 (2/22)
BID B - PARKS & OTHER REQUIRED AREAS
LOCATION
SERVICE
INTERVAL
SQ. FT
# OF
SWEEPS
PER YEAR
UNIT PRICE
PER SWEEP
TOTAL PRICE
Brookside Park
3RD FRIDAY
24,890
12
$74.67
$896.04
City Corp Yard
1ST & 3RD
WEDNESDAY
375,568
'
24
$300.45
$7,210.80
Civic Center Parking Lot
(above parking lot)
2ND THURSDAY
14,792
12
$39.94
$479.28
Community Park
3RD FRIDAY
30,707
12
$82.91
$994.92
Crafton Park
3RD FRIDAY
10,531
12
$40.02
$480.24
Down Town Parking
Structure
(above parking lot)
2ND THURSDAY
34,529
12
$103.59
$1,243.08
Ford Park
4TH THURSDAY
31,533
12
$78.83
$945.96
Hillside Memorial Park
2ND &4TH
WEDNESDAY
370 025
'
24
$296.02
$7,104.48
Joslyn Senior Center
4TH THURSDAY
20,538
12
$61.61
$739.32
Oakmont Park
2ND THURSDAY
8,080
12
$45.25
$543.00
Prospect Park
2ND THURSDAY
28,422
12
$68.21
$818.52
Redlands Airport
Parking
4TH THURSDAY
13,600
12
$39.44
$473.28
Airport interior
1st TUESDAY
1,315,862
12
$921.10
$11,053.20
Sports Park
1ST FRIDAY
219,500
12
$153.65
$1,843.80
Sylvan Park
3RD FRIDAY
24,243
12
$67.88
$814.56
The Door Fellowship
Church
EVERY FRIDAY
23,109
48
$67.02
$3,216.96
TTAL BID B
$38,857.44
13
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NPS-2.2 (2/22)
BID C — EXTRA WORK AS NEEDED
ITEM DESCRIPTION
UNIT
EST.
ANNUAL
QTY
UNIT PRICE
TOTAL PRICE
EXTRA WORK (ex: storm clean up,
construction clean up).
Hour
40
$125.00
$5,000.00
TOTAL EXTRA WORK PRICE (C) $5,000.00
BID D — EXTRA WORK AS NEEDED
A.
ITEM NO.
B.
ITEM DESCRIPTION
C.
UNIT
D.
EST.
ANNUAL
QTY
E.
UNIT PRICE
F.
TOTAL PRICE
D1
Street Sweeper and Street
Sweeper Operator Rental
Mile
120
$33.00
$3,960.00
TOTAL EXTRA WORK PRICE (D) $3,960.00
14
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NPS-2.2 (2/22)
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
SCA OF CA, LLC
By: � Date: 0(4I I ! (Z-02 M
Brad Becker, Regional Vice President
15
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