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HomeMy WebLinkAboutCC AG PKT 2011-09-12 #Ij F 5 EA1 e�, fV £:i_ S S AGENDA STAFF REPORT DATE: September 12, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Assistant City Manager /Public Works SUBJECT: CONTRACT WITH RF DICKSON FOR STREET SWEEPING SERVICES SUMMARY OF REQUEST: The City Council adopt Resolution No. 6183 extending the existing contract with RF Dickson Company, Inc. for street sweeping services for three years. BACKGROUND AND ANALYSIS: The City receives street sweeping services from RF Dickson Company Inc. pursuant to a contract that was executed in 2004 and was set to expire on June 30, 2011. During the preparation of the RFP for this service, staff surveyed the surrounding city's to assess the cost to budget for the upcoming contract. A unit cost list of the surrounding cities is as follows: Agency Rate ($ /curb milel City of Fountain Valley $56.45 City of Garden Grove $33.80 City of Stanton $27.50 City of Huntington Beach $26.86 City of Westminster $24.75 The City of Seal Beach currently pays $14.22 per residential and arterial curb mile for street sweeping services. The contractor has offered to extend the existing agreement with a three year contract and keep the same rate for Fiscal Year 2011/12 and increase 3.5% for Fiscal Year 2012/13 and an additional 3.5% for Fiscal Year 2013/14 to reflect Cost of Living Adjustment. With the highest rate in Fiscal Year 2013/14, the City Agenda Item of Seal Beach's rate will still be the lowest compared to the surrounding agencies. Prior to the expiration of the previous agreement the Council, at the June 27th meeting approved an extension (October 11th at 12:00 a.m.) to allow time to discuss the agreement with the current vendor. Staff believes that competitively bidding the service will not yield a lower rate at this time. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the agreement as to form. FINANCIAL IMPACT: The cost of street sweeping services during the extended term will remain at current levels and is accounted for in the adopted FY 2011/12 budget, which has funds budgeted for street sweeping in account 001 - 049 - 44000. RECOMMENDATION: It is recommended the City Council adopt Resolution No. 6183 extending the existing contract with RF Dickson Company, Inc. for street sweeping services for three years. SUBMITTED BY: 4 ean h P. "P.E. , Assistant City Manager /Pu is Works NOTED AND APPROVED: F A Prepared by: Michael Ho, City Engineer Attachments: A. Resolution No. 6183 B. Contract Agreement Page 2 RESOLUTION NUMBER 6183 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A THREE YEAR AGREEMENT BETWEEN THE CITY AND R.F. DICKSON COMPANY, INC. FOR STREET SWEEPING SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves a three year agreement between the City and R.F. Dickson Company, Inc., for an annual street sweeping maintenance contract - effective October 12, 2011 - keep the same rate for Fiscal Year 2011/12 and increase 3.5% for Fiscal Year 2012/13 and an additional 3.5% for Fiscal Year 2013/14 to reflect Cost of Living Adjustment. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the agreement on behalf of the City. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of September 2011 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6183 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 12th day of September , 2011. City Clerk STREET SWEEPING SERVICES AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 F:?I R. F. Dickson Company, Inc. 12524 Columbia Way Downey, CA 90242 (562) 923 -5441 (562) 869 -5943 — FAX This Professional Service Agreement October, 2011 (the "Effective Date ") ( "Contractor "), a California corporation, charter city, (collectively, "the Parties "). ( "the Agreement ") is made as of the 12 day of by and between R.F. Dickson Company, Inc. and the City of Seal Beach ( "City "), a California S7296- 000111390908v2.doc RECITALS A. City desires certain street sweeping services. B. Contractor represents that it is qualified and able to provide City with such services. C. The Parties entered into an Agreement dated May 13, 2004 (the "2004 Agreement "), under which contractor has provided street sweeping services and which the Parties amended on June 30, 2011 in order to extend its term. D. It is the express mutual intentions of the Parties that this Agreement shall terminate and supersede the 2004 Agreement as of the Effective Date of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows: AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 3 years unless previously terminated as provided by this Agreement. 2of9 S7296- 000111390908v2. doc 3.0 Contractor's Compensation 3.5. In the first year of the term of this Agreement, City will pay Contractor in accordance with the following fee schedule: ® $14.49 per curb mile for Main Street, Monday through Thursday. a $14.75 per curb mile for residential and arterial roads, Pacific Coast Highway, Saturn Way, Apollo Drive, Apollo Court and Old Ranch Road o $14.87 per curb mile for Leisure World ® $50.00 per month flat rate for Seal Way alleys 3.6. Payment will be made on the basis of actual street curb miles swept multiplied by the amount set forth in the fee schedule. Contractor shall provide City with a report verifying the actual amount of curb miles. In case of a dispute between the City and the Contractor regarding the number of curb miles, City shall make a determination from its digitally ortho rectified aerial photograph on its GIS system to determine the length of curb. 3.7. On each anniversary of the Effective Date, the amounts in fee schedule shall automatically increase by 3.5% over the amounts from the previous year. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 3of9 S7296 -0001 \139090M.doc 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Steve Dickson is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: R.F. Dickson Company, Inc. 12524 Columbia Way Downey, California 90242 Attn: Steve Dickson 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Contractor's personnel practices. 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 4 of 9 S7296- 000111390908v2.doc result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall- furnish City with original certificates of insurance and endorsements effecting coverage- required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days 5 of 9 S7296- 000111390908x2. d oc prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it, (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self - insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnities ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred 6 of 9 S7296- 000111390908v2.doc by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment .or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements, including but not limited to the 2004 Agreement which is hereby terminated and superseded by this Agreement. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7of9 57296- 00011139090M.doc 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage, or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, no contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences any legal, administrative or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 8 of 9 S7296 -0001 %1390908v2.doc 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH R.F. DICKSON COMPANY, INC. Jill R. Ingram, City Manager In Dickson, President Attest: in Linda Devine, City Clerk Approved as to Form: Quinn Barrow, City Attorney 9 of 9 S7296- 000111390908v2.doc Exhibit A SCOPE OF STREET SWEEPING SERVICES 1.0 GENERAL REQUIREMENTS Contractor will provide street sweeping services for all public streets within the City. For streets with center medians, four curb lines per centerline mile must be swept. For streets (alternate side sweeping and alleyways) without medians, two curb lines per centerline mile must be swept. For "half- improved" street or streets with only one curb line within the City limits, one curb line must be swept per centerline mile. Parking lots must be swept from side to side until entire lot area is swept. Contractor shall furnish all tools, equipment, apparatus, facilities, labor services, and material and perform all work necessary to provide the street sweeping maintenance in the City of Seal Beach as specified herein. Meet all Federal, State and City laws, and ordinances. © Meet all NPDES requirements, to the extent possible, remove and properly dispose of dust, silt, dirt, leaves and other organic and inorganic materials from the City streets prior to such materials entering the City's storm drain system. 2.0 QUALIFICATIONS Upon City's request, Contractor shall submit the following information: Satisfactory evidence that the Contractor has been in existence as a going concern for in- excess -of five (5) years. It is preferred but not required that the Contractor also have not less than five (5) years actual operating" expe as a going concern in the field of municipal street sweeping in the State of California. All work performed or equipment utilized by Contractor shall be subject to the inspection and approval of City through its Director of Public Works or his or her designee. a In providing the City with street sweeping services, Contractor shall fulfill the following primary objectives: • Establish and adhere to a regular schedule of performance. • Maintain gutter flow lines free of debris for free flow of water. • Maintain a state of cleanliness for road safety and acceptable to the City and its residents. Satisfactory evidence that the Contractor's experience as an ongoing concern in municipal street sweeping services including restricted parking areas in the State of California, derives from operations of comparable size to that contemplated by this proposal. Details shall include length of other contracts, name, and size of municipality and /or client, nature of service provided, and the pame, phone and facsimile numbers of the contact person. • A detailed inventory of the Contractor's equipment available for S7296 -0001 M90908x2. d oc use on the Contract. This inventory should include a detailed listing of the Contractor's equipment by model, year of manufacture, and anticipated remaining useful life as of the date of the inventory. All leased equipment shall be listed separately; the time remaining on each leased machine and options of renewal where applicable, should be stated. All new equipment to be acquired to accomplish this contract must be available within six months of the commencement of operations. If new equipment is to be ordered delivery guarantees by manufacturers should be attached to the proposal document. Street sweepers to be used in the Contract shall not be more than five (5) years in age +/- unless certification is presented by the Contractor and approved by the City, that the equipment has been completely rebuilt at an authorized Factory Rebuilding center. The names and resumes of Contractor's principal officers, partners, and officials. Such additional information as the City reasonably requests to demonstrate that Contractor is adequately prepared to fulfill the Contract. 3.0 DEFINITIONS Agreement the Street Sweeping Services Agreement between City and Contractor dated October 12, 2011. Alleyways all dedicated public rights of way within the existing or future corporate limits of the City of Seal Beach which are paved. Air Sweeper a mechanical street sweeper that uses regenerative air pressure to pick up debris and dual gutter brooms. (A sample type would include Tymco 600 Regenerative Air Sweeper and its equivalent. This is not to be an endorsement and the City maintains final determination of equipment adequacy.) Weekly weekly sweeping cycles. Bi- monthly two complete weekly sweeping cycles, to be done on the first and third weeks of each month. Curb Mile 5,280 feet, the measurement used to determine compensation under the Agreement. Curb mile includes only distances actual swept against . the street curb and does not include distances across any intersection. Debris all litter, rubbish, leaves, sand, dirt, silt, garbage, obstructions, and other foreign material removable from a paved street with a mechanical street sweeper. Dead Spots the triangular area at an intersection where debris collects outside of the typical traffic pattern, which shall be swept on arterial streets and as requested on residential streets. Residential Alternate Side streets that are specially posted with parking restrictions to facilitate street sweeping. Routine/ Scheduled Sweeping the regular, reoccurring sweeping of all arterials, residential streets, alleyways, and park parking lots. Streets all dedicated paved public rights of way within the existing or future corporate limits of the City of Seal Beach. S7296 -0001 U 390908v2.doc Street Sweeping the removal by mechanical street sweepers of all debris from all portions of listed City parking lots and streets, including but not limited to street intersections, the areas adjacent to curbs and raised medians, left turn pockets between painted center striped medians of arterial and residential streets, dead spots and cross gutters. PM10 Particulate matter with an acrodynamic diameter smaller than or equal to 10 microns as measured by the applicable State and Federal reference test methods. 4.0 EQUIPMENT Required Equipment Contractor's equipment shall be certified by the Air Quality Management District (AQMD) as meeting the Rule 1186 sweeper certification procedures and requirements for PM10- efficient sweepers. The quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein within the hours of work specified herein. At a minimum, Contractor must maintain for purposes of providing the services specified herein 1 primary sweeper and 1 back -up sweeper. All sweepers used in the City must not be older than five years and must be equipped with dual gutter brooms. Upon City's request, Contractor must provide the manufacturer's specification sheets for equipment used. One primary sweeper must be a natural gas powered regenerative air sweeper and shall be used exclusively for the City under the Agreement. The back -up sweeper must be a regenerative air sweeper or equivalent and must be available at all times in case of breakdown of primary sweepers. All sweepers must have a minimum hopper capacity of 6 cubic yards. City may require Contractor to provide mobile or approved equivalent sweepers during and after inclement weather to sweep City streets rather than using regenerative air sweepers at no additional cost to City. Equipment Identification All vehicles must have safety features and be painted a uniform color and shall bear in legible letters the Contractor's name, license number, phone number, and the following wording: "Under contract to the City of Seal Beach." Communication All sweeping operators must have a Nextel two -way radio cell phone that is programmed to the City's Direct Connect frequency at all times for effective communication with City staff. The phone must also be capable of receiving voicemail as well as text messages. Maintenance Contractor shall ensure that its equipment is maintained both visually and operationally. Paint and body of street sweepers must be maintained in good condition with no visible rust or body damage. Vehicle engines must be routinely maintained to ensure a high level of service during all sweeping operations and must comply with all State of California Department of Motor Vehicles, Cal. OSHA and all other applicable codes required by the State, County, and City. Air sweepers must have gutter brooms changed when broom length reaches 7 ". S7296-0001 \1390908v2.doc Shovel Contractor shall ensure that a hand shovel is carried in all trucks and sweepers for the operator's use. Equipment Listing Upon the City's request, Contractor shall supply an up- to -date list of the equipment being used for the sweeping operation, including make, model, year, and any other pertinent information. Nothing herein shall preclude Contractor from substituting other equal equipment due to maintenance or other factors upon prior notice to the City. All equipment shall be available for inspection by City upon 24 hour notification to the Contractor. Equipment used by Contractor for work to be done under the Agreement shall not exceed 5 years in age, unless certification is presented by Contractor that equipment has been completely rebuilt by a Factory Authorized Rebuilding Center and approved by the Director of Public Works at his or her sole discretion. 5.0 SCHEDULING Schedule Within 30 days of the Effective Date of the Agreement, Contractor shall submit to City a detailed schedule for all routine sweeping of arterial, residential, residential alternate side of street, alleyways, and park parking lots within City, with special emphasis on the residential alternate side of street sweeping. All sweeping is to be done Monday through Friday. Contractor shall at that time also submit to City a detailed plan for weekly street sweeping services. The plan shall include 2 color -coded laminated maps indicating the days and approximate time each street or lot area is scheduled to be swept and 2 color -coded laminated route maps indicating the route the sweeper will be utilizing for each area. Once City has approved Contractor's sweeping schedule and plan, no changes in the either is allowed without prior written approval of the Director of Public Works or his or her designee. Contractor shall complete all sweeping per the schedule and plan. Neither equipment failures nor personnel problems shall be acceptable reasons for failure to comply. Holiday or Inclement Weather If the Director. of Public Works or his or her designee determines that any holiday or inclement weather prevents adherence to the regular weekly sweeping schedule, the Director may approve a deviation for the submitted schedule or plan, provided that Contractor must perform all extra work resulting from such holiday or inclement weather without additional charge. In the event the Contractor is prevented from completing the sweeping as provided in the schedule or plan because of equipment breakdown or reasons other than inclement weather, Contractor must complete the deferred sweeping services prior to the next regular schedule sweeping date, or give the City credit for the work not performed in accordance with the compensation rate hereinafter specified. The contractor may observe up to nine legal holidays yearly and no deduction in payment for services not provided on such legal holidays, which shall coincide with City observed holidays, shall be made. Changes to Schedule The -City may at any time, by written order, direct that changes or extras may be made in the S7296 -0001 \1390908v2.doc scope, specifications, or route schedule in relation to this contract. If any such changes cause an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable adjustment shall be made in Contractor's compensation or street sweeping schedule, and this contract shall be modified in writing accordingly and approved by the City hereto. Any claim by Contractor for any adjustment under this clause must be asserted within thirty (30) days after the date of receipt by Contractor of the notification of such changes. However, nothing in this clause shall excuse Contractor from proceeding with the performance of its obligations hereunder as so changed. Mileage Additions & Deletions Additions and /or deletions to the mileage, inventory, or maps may be made as the City accepts new areas and /or relinquishes streets currently swept. Upon written notification to add /delete, Contractor shall be required to accurately measure the curb mileage, and submit a written detail of the addition /deletion for approval. Upon approval, a written change order will be issued stating the effective date of the change. All changes shall be made at the current contract mileage rate. City reserves the right to add or delete any areas from the street sweeping plan due to budgetary constraint. 6.0 COMMUNICATIONS & RECORDS Communications Contractor shall maintain an office staff reachable by phone from 8 a.m. to 5 p.m. from Monday through Friday except on legal holidays at a number with a 562, 714, 949, or 800 area code. Office staff must be capable of contacting sweepers and pickup equipment by 2 -way radio or equivalent. Contractor must provide the City with contact personnel and telephone numbers, where designated staff can be reached during non - office hours (5 p.m. to 8 a.m.), to be used in emergency /after -hour call -outs. Contractor must provide each sweeper operating in the City shall have at all times an operable Nextel Phone /Radio which has been set to the City's frequency. Contractor shall maintain an operable internet e-mail address where it can receive electronic messages from the Public Works Department. Contractor shall maintain a facsimile machine reachable by phone number with the 562, 714, 949 or 800 area code for quick written communication to confirm contract compliance. Recording of Service Requests Contractor shall maintain a record of all service request calls and street sweeping performed, listing dates, hour of day and description of service of work performed. A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be provided monthly prior to invoice approval. Recording of Debris Collected Contractor's motor sweeper operator shall be required to record daily sweeping of streets and record them on a form. Items to be recorded consist of: • Date /streets swept • Operators name • Type of sweeper, truck # • Mileage of each street • Amount of debris collect per area S7296 -0001 \1390908v2.doc • Amount of water utilized per debris load • Tachograph Records of Accidents Contractor shall maintain a record of all automobile accidents that the street sweeper is involved in while performing work under this contract. Other Records Contractor shall provide vehicle service, water use and other management records to help evaluate the services being provided. Forms are required for compliance of NPDES regulations and shall be submitted to the Director of Public Works within 10 days of the end of each month. 7.0 SWEEPING PRACTICES Areas of Street Areas that must be swept include curb. lines along both sides of the roadway, or to the edge of pavement on alleyways where no curb exists, along raised medians, over all portions of painted medians, painted left and right turn pockets, and all intersection cross gutters. Noses or ends of curbed medians and intersection turn pockets and arterial intersection center areas and dead spots are to be maintained at the same frequency as the median or intersection for which they are associated and included in the curb mile price. Curb returns (radius') at intersections of streets shall be swept along their entire length and free of debris on scheduled sweep days. Excluded from areas to be swept are those that would cause damage to the equipment used. While contractor is normally responsible for the 8 -foot strip (sweeper width), curb to curb sweeping, or a portion of it may be needed at some locations due to unforeseen circumstances. Listed City parking lots shall be swept in their entirety (curb to curb). Flow of Traffic Sweeping shall be accomplished in the same direction as traffic flow at all times during arterial residential streets and alleyways sweeping. Water Water shall be used during all sweeping operations to minimize dust except when requested by City staff. Contractor shall furnish all water required for performance of the Agreement by first making arrangements with the various governing water districts and shall pay all fees and comply with all requirements thereof. Contractor acknowledges that all sweepers are equipped with, and all drivers instructed in the proper use of, approved hydrant wrenches and anti - surge /eddy valves. In the event Contractor encounters an inoperable or "dead" fire hydrant, Contractor shall report hydrant's condition and location to the governing water district within 24 hours. The Contractor shall maintain a current list of water suppliers it utilizes. Warning Devices When sweeping, the vehicle shall be equipped with top mounted (rotating or beacon) warning lights visible for 360 degrees. Sweeping Speed Sweeping speed shall be adjusted to street and debris conditions with a maximum speed of 10 miles per hour (MPH) or to manufacturer's recommended speed. City streets swept while driver exceeds 10 MPH will be reswept in their entirety at contractor's expense. In addition, a verbal warning will be given for the first S7296-0001\1 390908v2.doc violation. A written warning will be given for the second violation and a "Failure to Perform" notice will be issued upon the third (3rd) violation. Contractor's drivers of street sweepers shall maintain good safety and driving records and use extreme caution during street sweeping. Level of Cleanliness Contractor shall remove all loose debris obstructions, and material normally picked up and removable by a fully operational mechanical street sweeper. This includes, but is not limited to, sand, gravel, glass, bottles, cans, leaves, silt, mud and litter. If debris cannot be reswept, Contractor shall be responsible for the manual loosening of debris or inspection of pile so sweeper can pick up debris. If the area can still not be cleaned, the City must be notified. Extra Effort While sweeping shall normally consist of a single pass over an area, the Contractor shall make additional passes or such extra effort as may be required to adequately clean the street. Heavy debris such as accumulations of silt, compacted dirt, leaves and similar debris shall be removed unless the removal cannot be accomplished without damage to equipment or infliction of personal injury. Extra effort shall be required when debris is moved by the sweeper to an area outside the normal sweeping path along the curb line, at intersections and cross drains. Extra effort is required when sweeping equipment leaves a dirt/silt smear in its swept pathway. Extra effort will be strictly enforced during and after windy conditions and stormy weather. The cost of any extra effort shall be included in the contract cost per curb mile. Obstructions Unswept or unsweepable items such as tree limbs, palm fronds, rocks, and debris, must be removed from the sweeping path by the sweeping operator rather than going around it. Larger obstructions such as impaired vertical and /or horizontal clearance by tree limbs, construction or landscaping debris, etc., shall be immediately reported to City's Inspector when the location cannot be swept. Contractor may go around homeowner landscaping debris, landscape company or construction debris only if (1) the source of debris is obvious and not natural accumulation (in which case it should be bagged and /or disposed of by party responsible); and (2) Contractor notifies City Inspector within 24 hours. Contractor is not responsible for areas missed because of parked vehicles and other personal property such as toys, bicycles, and skateboard ramps. Notification of Non - Sweeping Contractor shall provide City representative, on a daily basis (when applicable), with list of all streets not swept when regular sweeping schedule is interrupted by mechanical breakdowns, inclement weather, street repairs and personnel situations and deduct said streets from the sweeping billing for that day. Contractor shall provide list of unsweepable streets to the City by fax machine or telephone by the end of the work day. 8.0 MISCELLANEOUS Public Convenience Contractor must conduct its operations so as to cause the least possible obstruction and inconvenience to public traffic. The Director of Public Works or his or her S7296- 000111390908v2.doc designee shall make final determination of public convenience. Field Supervision The Contractor must provide such adequate field supervision as to furnish continuous surveillance of workmanship and adherence to schedules by the crews performing the work under the Agreement. The field supervisor must check with the City in person weekly as to the schedule of work, citizen complaints, and adequacy of performance. The Contractor must submit such reports as the City may require to ensure compliance with scheduled work. Contractor must communicate to the City anytime the regular driver will not be sweeping or if there are any other driver changes. Storage of Equipment The City does not have sites suitable for storage of street sweeping equipment. Contractor is responsible to make other arrangements if necessary. Traffic Counters The Contractor acknowledges that City may at various times and locations temporarily install portable traffic counting equipment of the type that is activated by vehicles coming in contact with a hose placed in the roadway. Contractor must use caution to avoid damaging said equipment. If Contractor damages or causes to be damaged any of City's traffic counting equipment or appurtenances in the performance of the Agreement, it shall bear the entire cost for the restoration, repair, inspection, testing, and replacement of the damaged equipment. 9.0 DISPOSAL OF DEBRIS & TEMPORARY TRANSFER SITES Disposal of Debris Contractor must dispose of all refuse and debris collected by its sweeping operations by hauling it to a legally established landfill or area for disposal of solid waste. Contractor shall be solely responsible for the cost for disposal, including without limitation dump fees. The contractor must maintain a current list of the landfill site it is utilizing. Transfer Sites Contractor must provide at no extra charge to City for any transfer site suitable for temporary dumping of sweepers. Contractor must obtain written approval of both the landlord and the City for use of land within City limits as a transfer site. Contractor must remove and dispose of all sweeping debris at least once after every 5 -day cycle. Contractor must maintain a current list of its transfer sites. Records Contractor must keep accurate records of the amount of debris removed per month. Measurements shall be taken in both tons and cubic yards. Sample At City's request, Contractor must provide a sample of the debris for testing. Testing shall be made at the City's expense. 10.0 INSPECTIONS & DEFICIENCIES Inspections City may perform inspections of Contractor's work and equipment on a regular basis, as well as spot checks and in response to complaints. S7296 -0001 \1390908v2.doc Complaints Contractor will notify City of all complaints it receives directly from members of the public regarding the services Contractor provides under the Agreement. City will notify Contractor of all complaints it receives directly from members of the public regarding the services Contractor provides under the Agreement. The City may note the frequency of complaints in any subsequent unsatisfactory reports which might be filed against the Contractor. Re- sweeps In the event that the results of a sweep are unsatisfactory, City will notify Contractor of the exact location and description of deficiency. Contractor shall re -sweep the unsatisfactory area at its expense. Re- sweeps of residential roadways must occur within 24 hours of City's notice to Contractor. High profile residential re- sweeps will be completed prior to 3:30 p.m. the same day Contractor was notified by City representative, when applicable. Arterials and park parking lot re- sweeps must be completed prior to 7:00 a.m. the following day after notice by City. High profile arterial re- sweeps will be completed prior to 3:30 p.m. the same day the Contractor was notified by City representative, when applicable. Contractor shall notify City representative when re- sweeps are completed so City staff may inspect and verify work. Failure to Perform City and Contractor agree that It is and will be impractical and difficult to ascertain and determine the actual damage the City will sustain by reason of delay in Contractor's performance and therefore agree that Contractor shall forfeit and pay to the City the sum of $500.00 for each calendar day completion is delayed beyond the time allowed, and such sum shall be deducted from any payments due or to become due Contractor. City and Contractor also agree that Contractor shall forfeit and pay the sum of $250.00 for each occurrence that the posted area route is not started at the posted time and at the location agreed upon by Contractor and City. Contractor will be granted an extension of time and will not be assessed liquidated damages for delays caused by acts of God. City reserves the right to withhold payment for missed, incomplete, or unsatisfactory sweeping performance. This clause may be used to enforce transfer site clean -up /maintenance. 11.0 Additional Sweeps Special Sweeps At the request of City, Contractor shall provide occasional additional and non - scheduled street sweeping services not included in routine /scheduled sweeping for special events, spills, and unusual conditions or any other time requested by the City. Contractor shall be compensated for such additional sweeping services, including travel time, on an hourly basis at $80.60 per hour. Contractor shall modify scheduled sweeping as needed to respond to special sweep locations. Scheduled sweeping will resume once special sweep has been completed to allow City to inspect the special sweeping area for cleanliness. Special sweeps are to be completed during an agreed upon time. S7296- 0001\1390908v2.doc Emergency Sweeps At the request of City, Contractor shall provide additional sweeping services in response to non- hazardous spills, accident clean -ups, and unusual conditions that require after -hour, weekend, or holiday responses. Contractor shall respond to City requests for emergency sweeping services within 2 hours of City's request. Contractor shall provide City with the name and phone number of a contact person for after -hour emergency sweeps. Special Sweep Debris City will compensate Contractor for removal and disposal of debris picked up on special or emergency sweeps as follows: • Amounts of six cubic yards or less for every two hours of sweeping, will be included in the dollars per hour cost. • Amounts of more than six cubic yards for every two hours of sweeping, will be paid for at rate equal to 25% of the per hour rate, per load. Notification Contractor shall contact the Director of Public Works for prior approval of any extraordinary maintenance work before the work is scheduled. Contractor shall notify the Director of Public Works by telephone at least 4 hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. S7296- 000111390908v2.doc