HomeMy WebLinkAboutAGMT - RF Dickson Company (Street Sweeping) • •
MAINTENANCE SERVICES AGREEMENT
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
RF Dickson Company, Inc.
12524 Columbia Way
Downey, CA 90242
(562) 923-5441
This Maintenance Service Agreement ("the Agreement") is made as of November
10, 2014 (the "Effective Date"), by and between RF Dickson Company, Inc.,
("Contractor"), a California Corporation, and the City of Seal Beach ("City"), a
California charter city, (collectively, "the Parties").
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RECITALS
A. City desires certain street sweeping services.
B. Contractor represents that it is qualified and able to provide City with such
services.
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
terminate on November 9, 2017 unless previously terminated as provided by this
Agreement. An additional two (2) one-year contract extensions are available
based upon the Contractor's performance and at,the discretion of the City.
3.0 Contractor's Compensation
City will pay Contractor in accordance with the bid schedule set forth in Exhibit B
for Services for a cumulative amount not to exceed $360,658.80 for the initial
three-year term. Any additional work authorized by the City pursuant to Section
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1.4 will be compensated in accordance with the bid schedule set forth in Exhibit
B.
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 unit bid prices 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.
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
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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: RF Dickson Company, Inc.
12524 Columbia Way
Downey; CA 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 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 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.
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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, I 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 as well as a labor and materials bond as noted in Exhibit C.
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. 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.
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 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
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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 cost's, 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 "Indemnitees") 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 by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractor's obligation to indemnify shall not be restricted to
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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. 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.
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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, non-
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 an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
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the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
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
By: ' P • :& gild
fy R. Ingram, City - an =0 r
Attest:
By: sot , -../Lug
Lin. . Devine, Ci Clerk
Approved as to Fo
1
By: i A
Ste? L. Flowers, City Attorney
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CONTRACT
By: •
Name: Steve Dickson
Its: President
By:
Name:
Its:
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EXHIBIT A
SCOPE OF WORK
Section A
Primary objectives of the sweeping program are to:
• Establish and adhere to a regular schedule ofiperformance for the annual
sweeping of 2,098 curb miles of arterial highways and 1,894 curb miles of
residential and commercial streets. Additionally, there are additional curb miles
of raised medians and painted medians which have not been precisely measured
or inventoried. Contractor will be compensated based on the actual curb mileage
for arterial and residential and commercial streets noted above; however the City
requires each street to be uniformly cleaned gutter to gutter each service day
which includes median curbs and painted medians. No additional compensation
for median curbs, painted medians and noses will be allowed.
• Maintain gutter flow lines in streets free of debris for free flow of water.
• Maintain a state of cleanliness for road and pedestrian safety acceptable to the
City.
• Meet all Air Quality Management District (AQMD) street sweeping fleet
requirements. The City of Seal Beach requires that all sweepers used for arterial
and residential sweeping are powered by alternative fuel sources (e.g.
compressed natural gas, liquefied natural gas, electric, propane, etc.).
• NPDES — meet or exceed NPDES permit requirements.
Section B
1. Definition of Terms
a. Agreement/Contract
Terms "Agreement" and Contract" are used interchangeable and shall mean this
document and its attachments for street sweeping the City of Seal Beach.
b. City
Term "City" shall mean the City of Seal Beach, California, its officers, employees,
or representatives. City may be more narrowly defined where appropriate as the
Director of Public Works.
c. Contractor
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Term "Contractor" shall mean the person, corporation, or partnership, its
officers, employees or representatives performing street sweeping services
under contract with the City.
d. Curb Mile
Term "Curb Mile" shall equal 5,280 feet, by length, of street (curb to curb) and
is the measurement used to determine compensation under this contract.
Compensation shall be as flows: a street one (1) linear mile long with:
1. No medians would measure two (2) curb miles.
2. Painted median would measure three (3) curb miles.
3. Raised/curbed median would measure four (4) curb miles.
e. Debris
Term "Debris" shall mean all litter, rubbish, leaves, sand, dirt, silt, garbage,
obstructions and all other foreign material to be removed from paved streets
with a mechanical street sweeper.
f. May
Term "May" shall be permissive.
g. Shall
Term "Shall" shall be mandatory.
h. Streets
Term "Streets" shall mean all dedicated public rights-of-way within the
existing or future corporate limits of the City of Seal Beach which are paved.
i. Street Sweeping
Term "Street Sweeping" shall mean the removal, by mechanical street
sweepers, or manually by the sweeper operator, of all debris from all portions
of listed City streets, including but not limited to street intersections, the areas
adjacent to curbs and raised medians, left-turn pockets, painted center striped
medians on arterial streets, median bull-noses, dead spots and cross-gutters.
i. Sweepings
Term "Sweepings" shall mean all debris removed from streets, by street
sweeping vehicles, equipment, manually by hand and tools.
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2. Term
Term of this agreement is for three years. This contract may be renewed on an annual
basis by mutual agreement of both parties for an additional one (1) year and another
additional one (1) year thereafter, for a potential five-year contract term. City does not
have to give reason if it elects not to renew. If City and Contractor are unable to agree
on a mutually acceptable contract, the agreement will be terminated.
3. Services Requested
Services shall include furnishing all labor, equipment, tools, fuel, materials, insurance,
supervision, disposal costs, and all other items incidental thereto and to perform all work
necessary as specified, for machine street sweeping'or manual sweeping. Contractor
shall provide his own yard for parking, maintenance, and storage of all equipment.
a. Water
Contractor shall furnish all water required for performance of this contract by first
making arrangements with the City's water division and shall pay all fees and
comply with all requirements thereof. Contractor acknowledges that all sweepers
are equipped with, and all drivers instructed iri 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 twenty-four (24)
hours.
4. Routine/Scheduled Sweeping
The regular recurring sweeping of all arterial and residential streets shall be done twice
per month in accordance with the area schedule, with the exception of Pacific Coast
Highway which is swept four times per month and Leisure World which is swept once
per month.
5. Special Street Sweeping
Occasional sweeping required by Contractor to include add-on scheduled and non-
scheduled street sweeping of special events, spills, and unusual conditions or any other
sweeping requested by the City not included in routine/scheduled sweeping. Billing for
special sweeps is based on an hourly rate with travel time included to and from nearest
sweeper's location as in accordance with the approved fee schedule and no additional
compensation will be allowed therefore. Street sweeper shall temporarily postpone
scheduled sweeping and respond immediately to the location. Contractor's response
time shall not exceed one (1) hour once contact has been made to Contractor's office or
field personnel by City staff. Scheduled sweep will resume once special sweep has
been completed. Contractor will contact City personnel when special sweep has been
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completed so location may be inspected and verified for cleanliness. Special sweeps
are between the hours of 7:30 a.m. and 5:30 p.m.
6. Emergency Sweeps
Occasional sweeping required by Contractor to include non-hazardous spills, accident
clean-ups and unusual conditions which would require non-scheduled after-hours,
weekend and holiday responses. Responses to City-requested field location
emergency sweeps shall be within one (1) hour of notification by City. Contractor shall
provide City with name and phone number of contact persons for after-hours
emergency sweeps. Emergency sweeps are between the hours of 5:30 p.m. and 7:30
a.m.
a. Response to Emergency Services
Contractor shall respond to City page/emergency request within fifteen (15) minutes
of notification by City personnel. Failure to respond to request within time allowed
shall invoke a performance deficiency deduction.
b. Emergency Response Time
Contractor shall have manpower, equipment and materials at designated location
within one (1) hour from the time of work order issuance. Additionally, the
Contractor shall respond to emergency notifications from the City within 15 minutes
for instructions by City staff. By submitting a proposal, the Contractor commits to
being able to provide manpower and equipment on Saturdays, Sundays, holidays
and overtime, when requested.
7. Re-sweeps
Re-sweeps are those required of the Contractor when, after inspection by the City, are
deemed not to meet the stated performance standards, or when a street or section has
been missed during the regularly scheduled street sweeping. Re-sweeps are
completed at the expense of the Contractor. Contractor shall notify City representative
when re-sweeps are scheduled and upon completion.
a. Response to re-sweeps shall be within twenty-four (24) hours after being notified
by City representative and are to be completed at the expense of the Contractor.
b. High profile and safety-related residential re-sweeps, as determined by City, shall
be completed prior to 3:30 p.m. the same day Contractor was notified by City
representative.
b. Arterial re-sweeps shall be completed prior to 7:00 a.m. the following day after
contact by City representative and are to be completed at the expense of the
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Contractor. High profile and safety-related arterial re-sweeps shall be completed
prior to 3:30 p.m. the same day Contractor was notified by City representative
Section C
1. Sweeping Practices and Standards of Performance
a. Areas of Street
Areas of street shall include curb lines along both sides of the roadway or to the edge of
pavement where no curb exists, along all curbs on raised medians, over all portions of
painted median, painted left and right turn pockets, and all intersection cross-gutters.
Noses or ends of curbed medians and arterial intersection turn pockets and arterial
intersection center areas and dead spots are to be maintained each week and included
in the curb mile price. Curb returns (radii) at intersections of arterial and residential
streets will be swept along their entire length and free of debris on scheduled arterial
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' strip (sweeper
width), curb to curb sweeping, or a portion of, may be needed at some locations due to
unforeseen circumstances and shall be included within the curb mile price.
b. Flow of Traffic
Sweeping shall be accomplished in the same direction as traffic flow at all times
during sweeping.
c. Water
Water shall be used during all sweeping operations to minimize dust except
when requested by City staff. Enough water should be used to minimize dust but
not an excessive amount to create runoff.
d. Warning Devices
Vehicles shall be equipped with top-mounted warning lights (rotating or beacon)
visible for 360° or comparable traffic safety lights when sweeping. A rear-
mounted left/right arrow stick shall be required for arterial and bike lane
sweepers.
e. Sweeping Speed
Sweeping speed shall be adjusted to street and debris condition with a maximum
speed of eight miles per hour (8 MPH). City streets swept while driver exceeds
eight miles per hour (8 MPH) will be re-swept in their entirety at Contractor's
expense. In addition, a verbal warning will be given for the first violation. A
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written warning will be given for the second violation, and a "Failure to Perform"
notice will be issued upon the third violation.
f. Extra Effort
Sweeping shall normally consist of a single pass over an area; however, the
Contractor shall make additional passes or such extra effort as may be required
to adequately clean the street. Heavy debris shall be removed unless the
removal cannot be accomplished without damage to equipment or infliction of
personal injury. Extra effort will be 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 storm weather. The cost for any extra effort shall
be included in the contract cost per curb mile. Should problem require "manual"
removal, contractor should contact the City of any silt, soil, rain runoff, mudslides,
etc.
g. Obstructions
Non-swept or non-sweepable items such as small tree limbs, palm fronds, rocks,
silt, mud, trash and debris shall be manually 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
landscape contractor debris, etc. shall be immediately reported to City when the
location cannot be swept. Contractor may go around homeowner landscaping
debris, landscape company or construction debris only when all of the following
conditions are met:
1. Source of debris is obvious and not natural accumulation. Debris
should be bagged and/or disposed of by party responsible.
2. Contractor notified City within twenty-four (24) hours. Contractor is not
responsible for areas missed because of parked vehicles and other
personal property such as toys, bicycles and skateboard ramps.
h. 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, nails, bottles, cans, leaves, silt,
mud, and litter. Debris swept onto residential and arterial driveway aprons,
sidewalks, and access ramps will require additional passes by the sweeper
operator. If debris cannot be re-swept, the driver/sweeping contractor will be
responsible for the manual clean-up. Clean-up will be completed at time of
occurrence at Contractor's expense.
1. Notification of Non-sweeping
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Contractor shall provide City representative on a daily basis (when
applicable) with list of all streets not swept when regular sweeping
schedule is interrupted for any reason and shall deduct said street from
the sweeping billing for that day. Contractor shall provide a list of streets
not swept to the City by facsimile machine or telephone by the end of the
workday. The City shall notify the Contractor by phone on non-sweeping
conditions due to inclement weather. The City's notification will serve as a
non-sweep day and will not be paid for by the City unless an alternative
sweeping schedule is coordinated by the Contractor and is submitted to
the City for approval.
i. Quality of Sweeping
Street sweeper shall leave designated areas of sweeping free of dirt, litter,
debris, obstructions, smears, and visual dust in accordance to the City's
standards of cleanliness.
Section D
1. Equipment Requirements
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, and an absolute minimum of two (2) primary sweepers and one (1) back-up
sweeper shall be provided. Primary sweepers shall be a combination vacuum/broom
function within the same unit and shall be used exclusively for the City under this
agreement. The back-up sweeper shall be a vacuum/broom equivalent, AQMD Rule
1186.1 compliant, and shall be made available in case of breakdown of primary
sweepers. A total of three (3) sweepers shall be required to perform street sweeping
services.
Vacuum/broom-type sweepers shall be used for the scheduled sweeping of residential
streets/arterial streets. All sweeping equipment used by Contractor for the City shall
have the same curb mile cost. All equipment used by Contractor for the City shall meet
City requirements and standards.
2. Alternative Fuel Equipment
The City of Seal Beach requires that alternative fuel vehicles be used in the sweeping of
its streets. Contractors shall provide test-proven documentation to verify the fuel's
clean-burning efficiency. All equipment used in performance of this contract shall be in
compliance with South Coast Air Quality Management District Rule 1186.1. All
proposals, documentation and literature shall be included with completed specifications
and contract documents prior to closing date and time.
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3. Equipment Identification
All vehicles shall have safety features and shall be painted a uniform color and shall
bear in legible letters the Contractor's name and the following wording:
"Contracted to Serve the City of Seal Beach."
"Street Sweeping Contact— (562) 431-2527"
4. Type and Capacity
Arterial and residential sweepers must be capable of sweeping a minimum eight-foot
(8') width as measured from the outside edge of the gutter broom in a single pass along
the curb. Street sweepers must have a minimum hopper capacity of three (3) cubic
yards. At least one sweeper must be equipped with 'a left-gutter broom for median
work; all others may be single or dual gutter broom machines. Contractor is required to
have both mechanical broom type and vacuum/regenerative air or combination
vacuum/broom (BAH) type municipal sweepers available for this contract. Alternative
street sweepers will be considered if capable of meeting City requirements and
standards. The type used in specific areas will be atthe discretion of the City providing
performance standards are met. Sample types include Mobile broom sweepers, Tymco
600 regenerative air sweepers, and Tymco 600 regenerative air sweeper with a broom-
assisted head (BAH) and their equivalents. This is not to be considered an
endorsement, and the City maintains final determination of equipment adequacy.
Street sweepers used for bike lane and arterial street sweeping shall have an
operational left/right arrow stick traffic control device mounted on the rear of vehicle's
hopper. Additionally, a rotating 360° safety beacon or comparable traffic safety light is
required to be placed on roof of truck cab or atop hopper. Sweeper equipment
operators shall wear protective clothing, equipment, and an orange safety vest at all
times.
3. Maintenance
Equipment shall be maintained both visually and operationally. Paint and body of street
sweeper shall be maintained in good condition with no visible rust or body damage.
Vehicle engines shall be routinely maintained as to insure a high level of service during
all sweeping operations and must comply with all State or California Department of
Motor Vehicles CAL-OSHA and all other applicable codes required by the state, county
and City.
Section E
1. Scheduling Requirements
Contractor shall follow the sweeping schedule of residential and arterial streets as
provided by City with special emphasis on the requirements of schools. Subject to City
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approval, the Contractor shall arrange residential sweeping routes to sweep areas
adjacent to schools during times of least traffic and parked vehicles. Contractor shall
conform to sweeping schedules as noted on maps and logs pre-approved by the City.
No changes in sweeping schedules will be allowed without the approval of the City.
Contractor shall complete all sweeping per schedule; mechanical failures or personnel
problems shall not be the acceptable reasons for failure to comply.
2. Hours and Days
All sweeping is to be done Monday through Friday except on City-observed holidays
and holidays observed by City's franchised waste hauler. Some Saturday sweeping
shall be required by Contractor for areas not swept due to holidays observed by City's
franchised waste hauler. Saturday street sweeping shall be billed at the rate of 1.5
times the regular curb mile cost for arterial and residential areas.
a. Street sweeping of residential streets shall occur twice per month Monday
through Friday, 7:30 a.m. to 5:30 p.m. in accordance with City street
sweeping maps and logs with the exception of Leisure World which is swept
once per month.
b. Residential street sweeping shall be performed one (1) day after trash
collection day. If a City-recognized holiday falls within the Monday to Friday
schedule, the regular schedule shall resume the day following the holiday with
the fifth day of sweeping on the Saturday following the holiday.
c. Street sweeping for arterial and commercial streets shall occur twice per
month Monday through Friday, 10:00 p.m. to 7:00 a.m. in accordance with
City street sweeping schedule maps and logs with the exception of Pacific
Coast Highway which is swept four times per month. If a City-recognized
holiday falls within the Monday to Friday schedule, the regular schedule shall
resume the day following the holiday with the fifth (5th) day of sweeping on the
Saturday following the holiday.
d. Contractor shall respond to after-hour emergencies within one (1) hour of
contact by City personnel. Contractor will provide telephone number(s) of
contact personnel for after-hour emergencies between 4:30 p.m. and 7:30
a.m. and maintain emergency call-out list. All changes to emergency call-out
list shall be submitted to the City immediately.
e. Contractor shall submit a complete sweeping schedule to be considered by
the City. The schedule shall be approved by the City and meet time and
quality requirements.
f. All extra non-scheduled residential and non-scheduled arterial street
sweeping work shall be performed within twenty-four hours upon notice by the
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City. All work deemed "emergency" by the City shall be performed the same
day upon contact by the City within one (1) hour.
g. Streets with certain residential areas or adjacent to apartments,
condominiums or other areas where all-night street parking is prevalent shall
be swept after 9:00 a.m.
3. Holiday and Inclement Weather
Scheduled sweep shall not be cancelled for inclement weather by the street sweeping
contractor without approval of the City. During inclement weather a two-hour standby
period between 7:30 a.m. and 9:30 a.m. will be observed before a scheduled residential
sweep will be cancelled. The City reserves the right to suspend street sweeping
functions on a day-to-day basis. Make-up sweeps will not be allowed due to holidays,
inclement weather and cancellations without the approval of the City. The City will
communicate via phone the specific street locations throughout the day of locations
where debris needs to be removed. This effort shall not affect the regularly scheduled
sweeping.
Section F
1. Disposal of Debris and Temporary Transfer Sites
Contractor shall dispose of all refuse and debris collected by his sweeping operations
by hauling to a legally established landfill or area for disposal of solid waste. The cost
for disposal, including dump fees, shall be included in the contract cost per curb
mile. The City will not permit the contractor to establish a temporary transfer site within
City limits nor will the contractor be allowed to decant into the City's sewer system.
Section G
1. Inspections and Handling of Deficiencies
Inspections will be performed by qualified City personnel on a regular basis as well as
spot checks and in response to complaints. Contractor shall meet on an as-needed
basis within the maintained areas, with an authorized representative of the City for a
drive through inspection. Said meeting shall be at the convenience of the City and may
include residents of the community. In addition, drive through interim inspections may
be required by the City. Any corrective work required as a result of a monthly inspection
or any interim inspection by the City shall be accomplished to the satisfaction of the City
within three (3) days of the notification of the Contractor's deficiencies.
2. Complaints
The City shall receive and process citizen service requests and complaints. City will
notify Contractor of corrections and any re-sweeps required following complaints.
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Citizen complaints will be noted in any subsequent unsatisfactory reports which may be
filed against the Contractor.
In the event that the results of a sweep are considered to be unsatisfactory, City will
notify contractor of exact location and description of deficiency. The Contractor shall re-
sweep the unsatisfactory area at its expense within the time limits specified in Section
B-7. High visibility and/or unsafe conditions will need to be swept immediately.
3. Failure to Perform
It is and will be impractical and difficult to ascertain and determine the actual damage
the City will sustain by reason of delay in performance or deficiencies in performance;
therefore, the Contractor shall forfeit and pay to the City the sum of$500.00 for each
calendar day completion is delayed or performance deficiencies are noted, and such
sum shall be deducted from any payments due or to become due the contractor.
Contractor will be granted an extension of time and will not be assessed liquidated
damages for delays caused by acts of God.
The City reserves the right to withhold payment for missed, incomplete or unsatisfactory
sweeping performance.
This clause may be used to enforce Contractor response time, and contracts for special
and emergency sweep notification.
4. Default
Repeated instances of failure to perform and/or continued disregard of the requirements
of this contract shall result in cancellation of the contract.
Issuance of two (2) unsatisfactory reports to Contractor by City shall be deemed breach
of this agreement and shall be grounds for City to terminate this agreement. In the
event of such breach, City may, at its option, notify Contractor of City's intention to
terminate this agreement. City shall give notice of termination in writing, mailed to
Contractor's most recent address on file with the City. This agreement shall be
terminated forty-eight (48) hours from and after the hour such notice is deposited in the
United States Mail in a sealed envelope properly addressed to Contractor and bearing
prepaid first-class postage. In the event of the termination of this agreement for any
breach or failure of performance on the part of Contractor, Contractor agrees to pay City
upon demand the amount of any damage or loss sustained by City in the matter of
street sweeping, including the advertising for and the1 letting of another contract
therefore; for all increases in the City's cost of street sweeping incurred under such new
contractor; and for all costs and attorney's fees incurred by the City in the cancellation
of this agreement and the negotiation of such new street sweeping contract. The waiver
of a breach of any of the terms of this agreement shall not cancel or in any way affect
the right of the City to declare a
default for any recurrence of the same or any other breach of this agreement. All
changes proposed by Contractor regarding equipment, scheduling, type and capacity
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(see Section D.1, Equipment Requirements, E.1, Scheduling Requirements, and 1.1,
Communication) will require prior approval by the City.
5. Permits
Prior to the start of any work, the Contractor shall apply for applicable, no-fee, City
permits. Payment for this work shall be included in the bid items of work and no
additional compensation will be allowed. The City will waive its usual encroachment
permit fees.
6. Public Convenience and Safety
a. Traffic and Access
Contractor shall conduct Contractor's work to interfere as little as possible with
public travel whether vehicular or pedestrian. Whenever it is necessary to cross,
obstruct, or close roads, driveways and walks, whether public or private,
Contractor shall provide and maintain suitable and safe bridges, detours, or other
temporary expedients for the accommodation of public and private travel, and
shall give reasonable notice to owners of private drives before interfering with
them. Such maintenance of traffic will not be required when Contractor has
obtained permission from the owner and tenant of private, or from the authority
having jurisdiction over private property involved, to obstruct traffic at the
designated point.
Section H
1. Changes
The City may at any time, by written order, direct that changes or extras may be made
in the scope, specifications or route schedule in relation to this contract. If any such
changes cause an increase of 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 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.
2. Additions/Deletions in Mileage
Additions and/or deletions to the mileage, inventory or maps may be made as the City
accepts new areas and/or relinquishes areas currently swept. Upon written notification
to add or delete, Contractor shall be required to accurately measure the curb
mileage/linear footage and submit a written detail of the addition/deletion for approval.
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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/linear foot rate.
3. Waivers
Failure or neglect of either party to insist on the strict performance of any or all of the
terms of this agreement or any of these specifications shall not be considered as, or
constitute a waiver of any term or condition of this agreement or of any performance
required there under.
Section I
1. Communications
Contractor shall maintain an office staff reachable by phone from 8:00 a.m. to 5:00 p.m.
Monday through Friday except on legal holidays. Office staff shall have the capability of
contacting sweepers and pickup equipment by 2-way radio or equivalent. Contractor
shall provide the City with contact personnel and telephone numbers, where designated
staff can be reached during non-office hours within fifteen (15) minutes of call
origination (5:00 p.m. to 8:00 a.m.) to be used in emergency/after-hour call-outs as
specified in Section B.5, Special Street Sweeping, and B.6, Emergency Sweeps. The
Contractor shall maintain a set of plans and specifications in sweeping vehicle at all
times.
2. Nondiscrimination
In the performance of the terms of this Agreement, Contractor shall not engage in, nor
permit others he may employ to engage in, discrimination in the employment of persons
because of race, color, national origin or ancestry, or religion of such persons. Violation
of this provision may result in the imposition of penalties referred to in Labor Code
Section 1735.
Section J
1. Compensation
Payment will be made on the basis of road curb miles times the amount bid per curb
line mile for each category of road swept. No additional compensation for median
curbs, painted medians, and median noses will be allowed.
For all of the services which the Contractor is obligated to perform under the terms of
this contract, the City shall pay to the Contractor once each month a sum equal to the
amount specified in Contractor's Proposal, or as amended by any subsequent
adjustments thereto and provided hereinafter. The Contractor shall submit a detailed
invoice. City, upon receipt and approval of an accepted invoice, will make payment
within thirty (30) days of receipt of invoice.
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2. Method of Payment for Extra Work
The Contractor shall present to the City an itemized list of all extraordinary maintenance
on a separate monthly invoice for extraordinary maintenance work performed during the
previous month. The City shall compensate Contractor within thirty (30) days of receipt
of an itemized monthly invoice. The City shall
compensate Contractor for such maintenance beyond the scope of routine maintenance
according to the hourly rate listed in the fee schedule.
3. Invoicing
Contractor shall submit an invoice for service performed. Scheduled sweeping and
special sweeps shall be submitted on separate invoices, mailed or delivered to:
City of Seal Beach
211 8th Street
Seal Beach, California 90740
4. Adjustment of Payment
It is proposed that street sweeping services be provided for a period of three (3) years.
Contract may be extended by written mutual agreement on a year-to-year basis not to
exceed an additional two (2) years.
The Contractor may petition the City for rate adjustments on the basis of unusual
changes in his cost of doing business, such as revised laws or regulations, or changes
in disposal fees over which the Contractor has no control.
In order to justify such a rate increase, the Contractor shall submit financial and
accounting data to the City which clearly substantiates the requested rate increase.
After consideration of such financial and accounting data as submitted by the Contractor
and any other relevant information, the City Council shall disapprove, approve, or
approve with modification the requested rate increase. The decision of the City Council
shall be final and conclusive. The Contractor agrees to abide by the City Council's
decision.
Section K
1. GPS Tracking of Sweeping Vehicles Assigned to City
All street sweepers assigned to the City must be equipped with GPS tracking devices.
Upon request, the contractor will be required to provide the City with GPS data that
indicates the day and time residential and arterial streets were swept on any given
sweeping day.
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EXHIBIT B
BID SCHEDULE
UNIT OF YEARLY UNIT ITEM
NO. ITEM DESCRIPTION MEASURE TOTAL PRICE COST
EST.
QTY.
I, Residential Streets Curb Miles 2,098 $28.80 $60,422.40
2. Arterial/Commercial Streets Curb Miles 1,894 $28.80 $54,547.20
3. Emergency Response HR 50 $105.00 $5,250.00
Grand Total Bid Amount: $120,219.60
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TESTSGO, TESTIGO:
•
•
STREET SWEEPING SERVICES AGREEMENT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0
R. F. Dickson Company, Inc.
12524 Columbia Way
Downey, CA 90242
(562) 923 -5441
(562) 869 -5943 — FAX
This Professional Service Agreement ( "the Agreement ") is made as of the 12 day of
October, 2011 (the "Effective Date ") by and between R.F. Dickson Company, Inc.
( "Contractor "), a California corporation, and the City of Seal Beach ( "City "), a California
charter city, (collectively, "the Parties ").
S7296 -0001 \1390908v2.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.
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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.
$14.75 per curb mile for residential and arterial roads, Pacific Coast
Highway, Saturn Way, Apollo Drive, Apollo Court and Old Ranch Road
• $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.
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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
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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 Agreementllocation 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
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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
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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.
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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.
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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. DICKS014 COMPANY, INC.
In
Dickson, President
Attest:
By:
Linda Devine, City Clerk
Approved as to Form:
By: 5%
Quinn Barrow, City Attorney
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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.
• 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:
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.
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 experience 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. •
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 name,
phone and facsimile numbers of the
contact person.
• A detailed inventory of the
Contractor's equipment available for
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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.
1311-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.
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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 ".
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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
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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
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• 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
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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
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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.
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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 $80.50 per hour. Contractor shall
modify scheduled sweeping as needed
to respond to special sweep locations.
Scheduled sweeping will resume once
special sweep has been completed to
allow City to inspect the special
sweeping area for cleanliness. Special
sweeps are to be completed during an
agreed upon time.
S7296 -0001 \1390908v2.doc
Emergency Sweeps At the request of
City, Contractor shall provide additional
sweeping services in response to non-
hazardous spills, accident clean -ups,
and unusual conditions that require
after -hour, weekend, or holiday
responses. Contractor shall respond to
City requests for emergency sweeping
services within 2 hours of City's request.
Contractor shall provide City with the
name and phone number of a contact
person for after -hour emergency
sweeps.
Special Sweep Debris City will
compensate Contractor for removal and
disposal of debris picked up on special
or emergency sweeps as follows:
• Amounts of six cubic yards or less
for every two hours of sweeping, will
be included in the dollars per hour
cost.
• Amounts of more than six cubic
yards for every two hours of
sweeping, will be paid for at rate
equal to 25% of the per hour rate,
per load.
Notification Contractor shall contact
the Director of Public Works for prior
approval of any extraordinary
maintenance work before the work is
scheduled. Contractor shall notify the
Director of Public Works by telephone at
least 4 hours in advance before any
work is commenced, except in
emergencies where injury or property
damage may result without prompt
response.
S7296- 000111390908v2.doc
= y
AMENDMENT NO. 1 TO SERVICES AGREEMENT
FOR STREET SWEEPING SERVICES
Between
of sEat e'',,
i ce'4 4„-(0i
i A y r
i
O5 'Q$
1,9 yre> F: Qi
ti..UNTy,.P•'
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
RF Dickson Company, Inc.
12524 Columbia Way
Downey, CA 90242
562.923.5441
This Amendment No. 1 dated June 30, 2011, amends that certain
agreement ("Agreement") between the City of Seal Beach, a California charter
city ("City") and RF Dickson Company, Inc. ("Contractor") dated May 13, 2004.
y
RECITALS
WHEREAS, City and Contractor entered into the Agreement on May 13,
2004 under which Contractor has provided street sweeping services;
WHEREAS, the Agreement will expire on June 30, 2011, unless extended;
and
WHEREAS, the parties wish to amend the Agreement to extend the term
until October 11, 2011.
NOW, THEREFORE and in consideration of the foregoing and of the
mutual covenants and promises herein set forth, the parties agree to amend the
Agreement as follows:
1. The term of the Agreement is hereby extended to 12:00 a.m. October 11,
2011.
2. All other terms and provisions of the Agreement shall have full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment No. 1 to be executed and attested by their roper officer thereunto:
CITY OF SEAL BEACH CONT CTO
S mgram, City Man..11 President, Steve Dickson
ATT T:
Linda evine, City Clerk
AP" •VEDA/ 0 FORM:
a h
err M. Barr w, City Attorney
•
CITY OF SEAL BEACH
CONTRACT AGREEMENT
FOR
STREET SWEEPING MAINTENANCE
FOR
PERIOD FROM
JULY 1, 2004 TO JUNE 30, 2007, optional extensions through 2009 & 2011
INCLUSIVE
IN THE CITY OF SEAL BEACH
This Contract„„Aar,eement is made and entered into for the above-stated project thisip
day of *IV R I L , 2004, by and between the City of Seal Beach located at 211
8th Street, Seal Beach, California 90740, hereinafter referred to as "CITY", and
F. DtCKSfiN 0-0 • a
(corporation/partnership/other), located at
, hereinafter referred to as "CONTRACTOR".
WITNESSETH, that CITY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed
Proposals, Instructions to Proposers, Proposal Schedule, Project Cost Schedules,
Contract Agreement; General Provisions, and Special Provisions together with all required
bonds, insurance certificates, permits, notices, and affidavits; and also including any and
all addenda or supplemental agreements clarifying, or extending the work contemplated as
may be required to ensure its completion in an acceptable manner. All of the provisions of
said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by
CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the
above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract
documents.
4
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full
compensation for furnishing all materials, performing all work, and fulfilling all obligations
hereunder. Said compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of the work during its progress or prior to its
acceptance including those for well and faithfully completing the work and the whole
thereof in the manner and time specified in the aforesaid contract documents; and also
including those arising from actions of the elements, unforeseen difficulties or obstructions
encountered in the prosecution of the work, suspension or discontinuance of the work, and
all other unknowns or risks of any description connected with the work. Said
compensation shall not exceed $ per month for routine maintenance plus
such sums as approved by the City in writing for extraordinary maintenance.
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR
to provide the materials, do the work and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts
to pay the same at the time, in the manner, and upon the conditions set forth in the
contract documents.
ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every
employer to be insured against liability for worker's compensation, or to undertake self-
insurance in accordance with the provisions of that code and certifies compliance with
such provisions.
ARTICLE VI
CONTRACTOR agrees to protect, indemnify, defend and hold harmless CITY and all of its
officers, agents and employees from any claims, demand or causes of action, including
related expenses, attorney's fees, and costs, based on, arising out'of, or in any way
related to the work undertaken by CONTRACTOR hereunder.
•
ARTICLE VII
CONTRACTOR agrees to endorse general and umbrella liability coverage required herein
to include the City as additional insured under the insurance coverage required here using
standard ISO endorsement number CG 20 10 attached to an ISO-CGL policy with an
edition date of 1991 or earlier and which does not limit the scope of coverage for the
additional insured to vicarious liability or to the additional insured's supervision of a given
project and which allows coverage to apply to the additional insured to the full extent
provided by the policy. In no event will the contractor use an additional insured
endorsement with an edition date of 1993 or later. CONTRACTOR also agrees to require
all contractors, subcontractors and anyone else involved in any way with the project
contemplated by this agreement to do likewise.
ARTICLE VIII
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in
execution of this Contract Agreement represent all individuals, firm members, partners,
joint venturers, and/or corporate officers having principal interest herein. -
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors,
administrators, successors, and assigns do hereby agree to the full performance of the
covenants herein contained and have caused this Contract Agreement to be executed in
duplicate by setting hereunto their names, titles, hands, and seals this / 3 day of
2004
CI
diS' A .BE' CONT- ACTOR
„„,,, f Adi ,
John 5..horski, City Manager President or Vice President
/ (Signature must be Notarized)
AI .
glir /. . t91 —4 ith IS a40)-----
Joie Yeo, City Clerr Vice President or Secretary
(Signature must be Notarized)
APPROVED AS TO FORM:
City Attorney
GENERAL PROVISIONS
LEGAL RESPONSIBILITIES OF THE CONTRACTOR
WORKER'S COMPENSATION INSURANCE ❑ The policy's Limits of Liability are provided on
a per occurrence basis;
Pursuant to the requirements of Section 1860 of
the Labor Code (Chapter 1000, Statues of 1965), ❑ The policy covers broad-form property
Contractor shall take out and maintain, for the damage liability;
duration of this Contract, Worker's Compensation
Insurance for all his employees employed at the ❑ The policy covers personal injury liability as
Location of Work. If any work is sublet, Contractor well as bodily injury liability;
shall require the Subcontractor(s) similarly to
provide Worker's Compensation Insurance for all ❑ The policy covers explosion, collapse and
of the Subcontractor's employees. Contractor underground hazards liability;
indemnifies City for any damage resulting from
failure of either Contractor or any Subcontractor to ❑ The policy covers projects and completed
maintain such insurance. operations;
PUBLIC LIABILITY AND PROPERTY DAMAGES ❑ The policy covers use of non-owned
automobiles; and
Contractor shall take out and maintain, for the
duration of this Contract, Comprehensive ❑ Any failure to comply with reporting or other
Automobile and General Liability Insurance that provisions of the policies, including breaches
provides protection from claims which may arise of warranties, shall not affect coverage
from operations or performance of the work under provided to City, its officers, officials,
this Contract by Contractor, his agents, employees, agents or volunteers.
representatives, employees or subcontractors.
❑ Coverage shall not be canceled or materially
Single limit coverage applying to bodily and altered unless thirty (30) days written notice
personal injury liability and property damage: is first given to City, Attention of the City Clerk
$2,000,000. and the Director Public Works.
Contractor shall provide City with a certificate of LEGAL OBLIGATION
insurance on City's form which evidences the
required insurance. This certificate shall be Contractor shall defend, at his own cost, expense
submitted with the contract documents. and risk, any and all actions, suits or other legal
proceedings which may be brought or instituted
The following endorsements must be indicated on against City, the City of Seal Beach, the City
the certificate: Council, its employees and consultants, on any
such claim or demand arising out of Contractor's
o The City of Seal Beach, as City, its elective performance, or his Subcontractor's performance,
and appointive boards, officers, contractors, under this Contract. Contractor shall pay or
agents and employees are named as satisfy any judgment that may be rendered
additional insureds in the policy as to the work against the City or its principals in any such action,
being performed under the Contract; suit, or legal proceedings, or result thereof.
Nothing herein contained shall be construed as
❑ The coverage is primary and no other limiting in any way the extent to which the
insurance carried by City will be called upon Contractor may be held responsible for payment
to contribute to a loss under this coverage; of damages to persons or property resulting from
this operations, or any operations of any
❑ The policy covers blanket contractual liability; Subcontractor under him.
ASSIGNMENT OF CONTRACT
• •
Contractor shall under no circumstances assign Contractor shall keep fully informed of all existing
this Contract to another party without the express and future State and Federal Laws, and of all
written consent of the City. Municipal Ordinances and regulations of City
which in any manner affect those engaged or
LABOR STRIKE employed in the work, and of all such orders and
decrees of bodies or tribunals having any
Contractor shall be responsible to provide jurisdiction or authority over the same. Contractor
continuous maintenance services, without any shall at all times observe and comply with, and
interruption, of all streets located identified in the shall cause his agents and employees to observe
City. In case of any labor strikes, Contractor shall and comply with, all such existing and future laws,
provide other means, at his own cost and ordinances, regulations, orders, and decrees; and
expense, to provide comparable continuous shall protect and indemnify City, the City Council,
service as if no strike existed. Failing to do so will the Director of Public Works, and all of its and
cause City to take whatever action is deemed their officers, agents, and employees against any
necessary to provide such service; and the cost, claim or liability arising from or based on the
therefore,will be borne by Contractor. violation of any such law, ordinance, regulation,
order, or decree, whether by Contractor or his
FAILURE TO PERFORM employees. Should any discrepancy or
inconsistency be discovered in the specifications,
If the Contractor should neglect to prosecute the or in the Contract for the work, in relation to any
work properly or fail to perform any provisions of such law, ordinance, regulation, order or decree,
this Contract, the City, three (3) days after written Contractor shall report in writing without delay
notice to the Contractor, may without prejudice to such discrepancy or.inconsistency to the Director
any other remedy it may have, make good such of Public Works.
deficiencies and may deduct the cost thereof from
the payment then or thereafter due the Contractor; LABOR DISCRIMINATION
provided, however, that the Director of Public
Works of said City shall approve such action and Attention is directed to the Labor Code which
certify the amount thereof to be charged to the provides that no discrimination shall be made in
Contractor. It is expressly understood and agreed the employment of persons upon public works
that the Contractor herein named in the furnishing because of the race, color, national origin,
of all labor, services, materials and equipment and ancestry, sex, religion, or handicap of such
performing the work as provided in this contract is persons and every contractor of public works
at the express consent of the City Council. violating this section is subject to all'the penalties
imposed for a violation of this chapter.
TERMINATION DURING CONTRACT PERIOD
PERMITS AND LICENSES
In the event that any of the provisions of this
contract are violated by Contractor, the City may Contractor shall procure all permits and licenses,
terminate the contract by serving written notice pay all charges and fees, and give all notices
upon the Contractor of its intention to terminate necessary and incidental to the due and lawful
such contract and, unless adequate response is prosecution of the contract. .
made by Contractor within ten (10) days, the
contract shall cease and terminate. In the event PATENTS
of any such termination for the reason above
mentioned, the City may take over the work and Contractor shall assume all responsibilities arising
prosecute the same to completion by contract or from the use of patented materials, equipment,
otherwise for the account and at the expense of devices, or processes used on or incorporated in
the Contractor, and the Contractor and his the work.
sureties shall be liable to the City for any excess
cost occasioned in the event of such termination, PUBLIC CONVENIENCE AND SAFETY
for other causes, authorized by law or other
provisions of this contract. Contractor shall so conduct his operation as to
cause the least possible obstruction and
LAWS TO BE OBSERVED inconvenience to the public. Contractor shall
•
furnish, erect and maintain signage, barriers, damage that may happen to the work or any part
lights, warning devices for use in performance of thereof; or for any material or equipment used in
"Work Upon Highways" published by the State of performing the work; or for injury or damage to
California, Department of Transportation, etc. to any person or persons, either workers or the
ensure the safety of the public or as may be public; for damage to adjoining property from any
deemed necessary by the Director of Public cause whatsoever during the progress of the work
Works or his designated representative to give or at any time before final acceptance.
' adequate warning to the public at all times of any
dangerous or abnormal conditions. NO PERSONAL LIABILITY
RESPONSIBILITY FOR DAMAGE Neither the City Council, the Director of Public
Works, nor any other officer or authorized
The City of Seal Beach, the City Council, or the assistant or agent, shall be personally responsible
Director of Public Works shall not be answerable for any liability arising under this Contract.
or accountable, in any manner, for any loss or
STREET SWEEPING MAINTENANCE
SPECIAL PROVISIONS
TABLE OF CONTENTS
1. CONTRACT PERIOD
2. GENERAL REQUIREMENTS
3. OBJECTIVE
4. QUALIFICATIONS OF CONTRACTOR
5. DISQUALIFICATION OF CONTRACTOR
6. DEFINITION OF TERMS
7. EQUIPMENT REQUIREMENTS
8. SCHEDULING REQUIREMENTS
9. COMMUNICATION RECORDS
10. SWEEPING PRACTICES
11. STANDARDS OF PERFORMANCE
12. MISCELLANEOUS
13. DISPOSAL OF DEBRIS AND TRANSFER SITES
14. INSPECTIONS AND HANDLING OF DEFICIENCIES
15. EXTRAORDINARY MAINTENANCE
16. COMPENSATION
Special Provisions: 1
STREET SWEEPING MAINTENANCE
1, CONTRACT PERIOD The City shall require submission with the Proposal
of certified supporting data regarding the
The Contract period shall be July 1, 2004 to June qualifications of the Contractor in order to
30, 2007. The term of the contract shall be for determine whether he is a qualified, responsible
three years and the City, at its option, may choose Contractor. The Contractor will be required to
to renew the Contract for two (2) two-year furnish the following information:
extensions. The City shall provide written
notification to Contractor thirty(30)days in advance 4.1 Satisfactory evidence that the Contractor
of the Contract expiration indicating whether the has been in existence as a going concern for in-
City intends to extend the Contract. excess-of five (5) years. It is preferred but not
required that the Contractor also have not less than
2. GENERAL REQUIREMENTS five (5) years actual operating experience as a
going concern in the field of municipal street
Contractor shall furnish all tools, equipment, sweeping in the State of California.
apparatus, facilities, labor services and material
and perform all work necessary to provide the 4.2 Satisfactory evidence that the Contractor's
street sweeping maintenance in the City of Seal experience as an ongoing concern in municipal
Beach as specified herein. street sweeping services including restricted
parking areas in the State of California, derives
All work performed or equipment utilized by from operations of comparable size to that
Contractor shall be subject to the inspection and contemplated by this proposal. Details shall
approval of City, its Director of Public Works or his include length of other contracts, name and size of
authorized representative. municipality and/or client, nature of service
Provided, and the name, phone and facsimile
3. OBJECTIVE numbers of the contact person.
The primary objectives of the street sweeping 4.3 A detailed inventory of the Contractor's
program are to: equipment available for use on the Contract. This
inventory should include a detailed listing of the
3.1 Establish and adhere to a regular schedule Contractor's equipment by model, year of
of performance. manufacture, and anticipated remaining useful life
as of the date of the inventory. All leased
3.2 Maintain gutter flow lines free of debris for equipment shall be listed separately; the time
free flow of water. remaining on each leased machine and options of
renewal where applicable, should be stated. All
3.3 Maintain a state of cleanliness for road new equipment to be acquired to accomplish this
safety and acceptable to the City and its residents. contract must be available within six months of the
commencement of operations.
3.4 Meet all Federal, State and City laws and
ordinances. If new equipment is to be ordered delivery
guarantees by manufacturers should be attached
3.5 Meet all NPDES requirements, to the to the proposal document. Street sweepers to be
extent possible, remove and properly dispose of used in the Contract shall not be more than five (5)
dust, silt, dirt, leaves and other organic and years in age +/- unless certification is presented by
inorganic materials from the City streets prior to the Contractor and approved by the City, that the
such materials entering the City's storm drain equipment has been completely rebuilt at an
system. authorized Factory Rebuilding center.
4. QUALIFICATIONS OF CONTRACTOR 4.4 The names and resumes of the principal
officers, partners, and/or officials.
Special Provisions: .2
4.5 Such additional information as will satisfy 6.6 City: Shall mean the City of Seal Beach,
the City that the Contractor is adequately prepared California, its officers, employees, or
to fulfill the Contract. representatives. City, may be more narrowly
defined where appropriate as the Director of Public
5. DISQUALIFICATION OF Works or Public Works Inspector.
CONTRACTORS
6.7 Contractor: Shall mean the person,
Although not intended to be an exhaustive list of . corporation, or partnership, its officers, employees,
causes for disqualification, any one or more of the or representatives, performing street sweeping
following causes, among others, may be services under contract with the City.
considered sufficient for the disqualification of a
Contractor and the rejection of his Proposal: 6.8 Curb Mile: Shall equal 5,280 feet and is
the measurement used to determine compensation
5.1 Evidence of collusion among Contractors. under this contract. Curb mile is defined as actual
sweeping against the street curb. Sweeping
5.2 Lack of competency as revealed by either across the intersection shall not be considered as
incomplete proposal, experience or equipment included in the contract per curb mile and no
statements as submitted or other factors. additional compensation will be allowed therefore.
5.3 Lack of responsibility as shown by past 6.9 Debris: Shall mean all litter, rubbish,
work, judged from the standpoint of workmanship leaves, sand, dirt, silt, garbage, obstructions and
as submitted. other foreign material removable from a paved
street with a mechanical street sweeper.
5.4 Default on previous municipal contract.
6.10 Dead Spots: The triangle area at an
5.5 Other causes. intersection where debris collects outside of the
typical traffic pattern. Note: These are to be swept
6. DEFINITION OF TERMS on arterial streets and as requested on residential
streets.
6.1 Agreement/Contract: The terms
"AGREEMENT" and "CONTRACT" are used 6.11 May: Shall be permissive.
interchangeable and shall mean this document and
its attachments for the street sweeping 6.12 Residential Alternate Side: Shall mean
maintenance of the City of Seal Beach. the streets which are specially posted parking
restrictions to facilitate street sweeping.
6.2 Alleyways: Shall mean all dedicated public
rights of way within the existing or future corporate 6.13 Routine/Scheduled Sweeping: Includes
limits of the City of Seal Beach which are paved. the regular, reoccurring sweeping of all
arterial/residential streets, alleyways, and park
6.3 Air Sweeper: Shall mean the mechanical parking lots on weekly, depending on the
street sweeper which uses regenerative air alternative chosen by City Council.
pressure to pick up debris and dual gutter brooms.
(A sample type would include Tymco 600 6.14 Shall: Shall be mandatory.
Regenerative Air Sweeper and its equivalent. This
is not to be an endorsement and the City maintains 6.15 Streets: Shall mean all dedicated public
final determination of equipment adequacy.) rights of way within the existing or future corporate
limits of the City of Seal Beach which are paved.
6.4 Weekly: Shall mean weekly sweeping
cycles. 6.16 Street Sweeping: Shall mean the
removal by mechanical street sweepers of all
6.5 Bi-monthly: Shall mean two complete debris from all portions of listed City parking lots
weekly sweeping cycles, to be done on the first and and streets, including but not limited to street
third weekdays of each month. The City would intersections, the areas adjacent to curbs and
consider other sweeping schedules, except in the raised medians, left turn pockets between painted
posted areas:
Special Provisions: 2
•
• •
center striped medians of arterial and residential number and the following wording: "Under contract
streets, dead spots and cross gutters. to the City of Seal Beach."
6.17 Street Sweeping Maintenance: Shall 7.3 Communication: All sweeping operators
mean the street sweeping program in the City of shall have a Nextel two-way radio cell phone. Said
Seal Beach as specified herein the R.F.P. phone will be programmed to the City of Seal
Beach Direct Connect frequency at all times for
6.18 Sweepings: Shall mean all debris effective communication with City staff. The phone
removed from streets by street sweeping vehicles will also be capable of receiving voicemail as well
as text messages. Failure of the Contractor to have
6.19 PM1o: Particulate matter with an operable phones in service at all time, may be
acrodynamic diameter smaller than or equal to 10 considered liquidated damages of $100.00 for
microns as measured by the applicable State and every day or contract termination.
Federal reference test methods.
7.4 Maintenance: Equipment shall be
7. EQUIPMENT REQUIREMENTS maintained both visually and operationally. Paint
and body of street sweeper shall be maintained in
7.1 Equipment Description: The type of good condition with no visible rust or body damage.
equipment used by CONTRACTOR shall be Vehicle engine shall be routinely maintained as to
certified by the Air Quality Management District ensure a high level of service during all sweeping
(AQMD) as meeting the Rule 1186 sweeper operations and must comply with all State of
certification procedures and requirements for PM10- California Department of Motor Vehicles, Cal.
efficient sweepers. The quality and quantity of the OSHA and all other applicable codes required by
equipment used by CONTRACTOR for the the State, County and City.
sweeping of streets shall be sufficient to perform
the work required herein within the hours of work • Air sweepers shall have gutter brooms
specified herein, and an absolute minimum of one changed when broom length reaches 7 .
(1) primary sweeper, and one (1) back-up sweeper
shall be provided. All sweepers used in the City of 7.5 Shovel: A hand shovel shall be carried on
Seal Beach shall not be older than five (5) years the truck for operator's use.
old and be equipped with dual gutter brooms.
Contractor is to provide as part of the proposal the 7.6 Equipment Listing Updated: The
manufacturer specification sheets for any contractor shall supply the City with an up-to-date
equipment proposed. list of the equipment being used for the sweeping
operation, including make, model, year, and any
One (1) primary sweeper shall be a natural gas other pertinent information. Nothing herein shall
powered regenerative air sweeper and shall be preclude the Contractor from substituting other
used exclusively for the City of Seal Beach under equal equipment due to maintenance or other
their agreement. The back-up sweeper shall be a factors upon prior notice to the City. All equipment
regenerative air sweeper or equivalent and shall be shall be available for inspection by City upon 24
made available in case of breakdown of primary hour notification to the Contractor. Equipment
sweepers. All sweepers must have a minimum used by the contractor for work to be done under
hopper capacity of six(6)cubic yards. this agreement shall not exceed five (5) years in
age, unless certification is presented by contractor
During and after inclement weather, mobile or that equipment has been completely rebuilt by a
approved equivalent sweepers may be required by Factory Authorized Rebuilding Center and
the City to sweep the City streets rather than using approved by the Director at his sole discretion,.
regenerative air sweepers if deemed necessary by This list will update the list provided in Section 4.4
City on a daily basis. All sweeping equipment used Special Provisions, of this Proposal.
by contractor for the City of Seal Beach shall have
the same curb mile cost for such special cases. 8.0 SCHEDULING REQUIREMENTS
7.2 Equipment Identification: All vehicles 8.1 Schedule: Contractor shall prepare a
shall have safety features and shall be painted a detailed sweeping schedule of all routine sweeping
uniform color and shall bear in legible letters the of arterial, residential, residential alternate side of
CONTRACTOR'S name, license number, phone street, alleyways and park parking lots within the
Special Provisions: 3
•
City, with special emphasis on the residential additional charge. In the event the Contractor is
alternate side of street sweeping. prevented from completing the sweeping as
provided in the schedule because of equipment
Once Contractor has prepared these sweeping breakdown or reasons other than inclement
schedules as part of the contract documents, no weather, the Contractor shall be required to
changes in sweeping schedules will be allowed complete the sweeping services so deferred prior
without prior written approval of the City. to the next regular schedule sweeping date, or give
Contractor shall complete all sweeping per the City credit for the work not performed in
schedule, mechanical failures or personnel accordance with the compensation rate hereinafter
problems shall not be acceptable reasons for specified.
failure to comply.
The contractor may observe up to nine legal
8.2 Hours and Days: All sweeping is to be holidays yearly and no deduction in payment for
done Monday through Friday, and changes in services not provided on such legal holidays, which
sweeping schedules will be allowed with written shall coincide with City observed holidays, shall be
approval of the Director of Public Works. made.
Contractor shall provide a best sweeping schedule 8.5 Changes to Schedule: The City may at
for City of Seal Beach including days and times any time, by written order, direct that changes or
which guarantees to accomplish the contract street extras may be made in the scope, specifications or
sweeping services to its satisfaction. route schedule in relation to this contract. If any
such changes cause an increase or decrease in
8.3 Scheduled Areas: All public streets within the cost of, or the time required for, performance of
the City of Seal Beach shall be swept . For the this contract, an equitable adjustment shall be
purposes of this proposal, proposal shall be made in Contractor's compensation or street
submitted for sweeping services on the basis of sweeping schedule, and this contract shall be
street curb line miles. (For streets with center modified in writing accordingly and approved by the
medians,four curb lines per centerline mile shall be City hereto. Any claim by Contractor for any
swept.) For streets (alternate side sweeping and adjustment under this clause must be asserted
alleyways) without medians, two curb lines per within thirty (30) days after the date of receipt by
centerline mile shall be swept. For "half-improved" Contractor of the notification of such changes.
street or streets with only one curb line within the However, nothing in this clause shall excuse ,
City limits, one curb line shall be swept per Contractor from proceeding with the performance
centerline mile. Parking lots are to be swept from of its obligations hereunder as so changed.
side to side until entire lot area is swept.
8.6 Additions/Deletions in Mileage:
Additions and/or deletions to the mileage, inventory
or maps may be made as the City accepts new
A detailed plan of the weekly street sweeping shall areas and/or relinquishes streets currently swept.
be submitted for the City's approval prior to Upon written notification to add/delete, Contractor
commencement of the Street sweeping services. shall be required to accurately measure the curb
At which time, the City shall be provided two (2) mileage, and submit a written detail of the
color-coded laminated maps indicating the day and addition/deletion for approval. Upon approval, a
approximate time each street/lot area is scheduled written change order will be issued stating the
to be swept and two (2) color-coded laminated effective date of the change. All changes shall be
route maps indicating the route the sweeper will be made at the current contract mileage rate.
utilizing for each area.
The City is reserves the right to add or delete entire
8.4 Holiday or Inclement Weather: When or partial amount of mileage of any areas in the
holiday or inclement weather, in the opinion of the street sweeping contract based upon budgetary
City, or his designated representative, prevents constraint.
adherence to the regular weekly sweeping
schedule, the Contractor shall not be required to 8.7 Waivers: Failure or neglect of either party
comply with the schedule. However, the to insist on the strict performance of any or all of
Contractor shall perform all extra work resulting the terms of this agreement or any of these
from such holiday or inclement weather without specifications shall not be considered as, or
Special Provisions: 4
constitute, a waiver of any term or condition of this 9.4 Recording of Accidents: Contractor
Agreement or of any performance required shall maintain a record of all automobile accidents
thereunder. that the street sweeper is involved in while
performing work under this contract.
9. COMMUNICATION RECORDS
Forms are required for compliance of
9.1 Communications: Contractor shall NPDES regulations and shall be submitted to the
maintain an office staff reachable by phone with the George Bernard, Public Works Assistance within
562, 714, 949 or 800 area code, from 8 a.m. to 5 10 days of the end of each month.
p.m. from Monday through Friday except on legal
holidays. Office staff shall have the capability of 9.5 Other Records: Contractor shall provide
contacting sweepers and pickup equipment by 2- vehicle service, water use and other management
way radio or equivalent. Contractor shall provide records to help evaluate the services being
the City with contact personnel and telephone provided.
numbers, where designated staff can be reached .
during non-office hours (5 p.m. to 8 a.m.), to bd0. SWEEPING PRACTICES
used in emergency/after-hour call-outs.
10.1 Areas of Street: Shall include curb lines
Contractor shall also provide that each sweeper along both sides of the roadway, or to the edge of
operating in the City shall have at all times an pavement on alleyways where no curb exists,
operable Nextel Phone/Radio which has been set along raised medians, over all portions of painted
to the City's frequency. medians, painted left and right turn pockets, and all
intersection cross gutters. Noses or ends of
Contractor shall maintain an operable internet e- curbed medians and intersection turn pockets and
mail where it can receive electronic messages from arterial intersection center areas and dead spots
the Public Works Department. are to be maintained at the same frequency as the
median or intersection for which they are
Contractor shall maintain a facsimile machine . associated and included in the curb mile price.
reachable by phone number with the 562, 714, 949 Curb returns (radius') at intersections of streets
or 800 area code for quick written communication shall be swept along their entire length and free of
to confirm contract compliance. debris on scheduled sweep days. Excluded from
areas to be swept are those that would cause
9.2 Recording of Service Requests: damage to the equipment used. While contractor
Contractor shall maintain a record of all service is normally responsible for the eight (8) foot strip
request calls and street sweeping performed, listing (sweeper width), curb to curb sweeping or a portion
dates, hour of day and description of service of of it may be needed at some locations due to
work performed. A log sheet giving a brief unforeseen circumstances. Listed City parking lots
description of all routine and extraordinary shall be swept in their entirety(curb to curb).
maintenance activities shall be provided monthly
prior to invoice approval. 10.2 Flow of Traffic: Sweeping shall be
accomplished in the same direction as traffic flow at
9.3 Recording of Debris Collected: all times during arterial residential streets and
Contractor's motor sweeper operator shall be alleyways sweeping.
required to record daily sweeping of streets and
record them on a form. Items to be recorded 10.3 Water: Water shall be used during all
consist of: sweeping operations to minimize dust except when
requested by City staff.
a. Date/streets swept
b. Operators name Contractor shall furnish all water required
c. Type of sweeper, truck# for performance of this contract by first making
d. Mileage of each street arrangements with the various governing water
e. Amount of debris collect per area districts and shall pay all fees and comply with all
f. Amount of water utilized per requirements thereof. Contractor acknowledges
debris load that all sweepers are equipped with, and all drivers
g. Tachograph instructed in the proper use of, approved hydrant
wrenches and anti-surge/eddy valves. In the event
Special Provisions: 5
Contractor encounters an inoperable or "dead" fire company or construction debris only when all of the
hydrant, Contractor shall report hydrant's condition following conditions are met:
and location to the governing water district within
24 hours. The Contractor shall list (and keep a. Source of debris is obvious and
updated) the water supplier(s) to be utilized on the not natural accumulation. (Should be bagged
proposal vendor list. and/or disposed of by party responsible.)
b. Contractor notifies City Inspector
10.4 Warning Devices: When sweeping, the within 24 hours.
vehicle shall be equipped with top mounted
(rotating or beacon) warning lights visible for 360 Contractor is not responsible for areas
degrees. missed because of parked vehicles and other
personal property such as toys, bicycles, and
10.5 Sweeping Speed: Sweeping speed shall skateboard ramps.
be adjusted to street and debris conditions with a
maximum speed of ten (10) miles per hour (MPH) 10.8 Level of Cleanliness: Contractor shall
or to manufacturer's recommended speed. City remove all loose debris obstructions, and material
streets swept while driver exceeds ten (10) MPH normally picked up and removable by a fully
will be reswept in their entirety at contractor's operational mechanical street sweeper. This
expense. In addition, a verbal warning will be includes, but is not limited to, sand, gravel, glass,
given for the first violation. A written warning will be bottles, cans, leaves, silt, mud and litter.. If debris
given for the second violation and a "Failure to cannot be re-swept, the driverlsweeping contractor
Perform" notice will be issued upon the third (3rd) will be responsible for the manual loosening of
violation. debris, or inspection of pile so sweeper can pick up
Contractor's drivers of street sweepers debris. If the area can still not be cleaned, the City
shall maintain good safety and driving records and should be notified.
use extreme caution during street sweeping.
10.9 Notification of Non-Sweeping:
10.6 Extra Effort: While sweeping shall Contractor shall provide City representative, on a
normally consist of a single pass over an area, the daily basis (when applicable), with list of all streets
Contractor shall make additional passes or such not swept when regular sweeping schedule is
extra effort as may be required to adequately clean interrupted by mechanical breakdowns, inclement
the street. Heavy debris such as accumulations of weather, street repairs and personnel situations
silt, compacted dirt, leaves and similar debris shall and deduct said streets from the sweeping billing
be removed unless the removal cannot be for that day. Contractor shall provide list of
accomplished without damage to equipment or unsweepable streets to the City by fax machine or
infliction of personal injury. Extra effort shall be telephone by the end of the work day.
required when debris is moved by the sweeper to
an area outside the normal sweeping path along 1. STANDARDS OF PERFORMANCE
the curb line, at intersections and cross drains.
Extra effort shall be required when sweeping 11.1 The standards of performance which the
equipment leaves a dirt/silt smear in its swept Contractor is obligated to perform hereunder are
pathway. Extra effort will be strictly enforced during those standards of the industry which are
and after windy conditions and stormy weather. considered to be good street sweeping practices
The cost of any extra effort shall be included in the and which are subject to approval by the City.
contract cost per curb mile.
12. MISCELLANEOUS
10.7 Obstructions: Unswept or unsweepable
items such as tree limbs, palm fronds, rocks, trash 12.1 Public Convenience: The Contractor
and debris, shall be removed from the sweeping shall so conduct his operations as to cause the
path by the sweeping operator rather than going least possible obstruction and inconvenience to
around it. Larger obstructions such as impaired public traffic. The Administrator shall make final
vertical and/or horizontal clearance by tree limbs, determination of public convenience.
construction or landscaping debris, etc., shall be
immediately reported to City's Inspector when the 12.2 Field Supervision: The Contractor shall
location cannot be swept. Contractor may go provide such adequate field supervision as to
around homeowner landscaping debris, landscape furnish continuous surveillance of workmanship
Special Provisions: 6
• , •
and adherence to schedules by the crews 13.3 Records: Contractor shall keep accurate
performing the work under contract. The field records of the amount of debris removed per •
supervisor shall check with the City in person month. Measurement shall be taken in both
weekly as to the schedule of work, citizen tons and cubic yards. The City will utilize this
complaints, and adequacy of performance. The information for reporting concerning its NPDES
Contractor shall submit such reports as the City program.
may require to ensure compliance with scheduled 13.4 Sample: At the request of the City, the
work. Contractor shall communicate to the City Contractor shall provide a sample of the debris
anytime the regular driver will not be sweeping or if for testing. Testing shall be made at the City's
there are any other driver changes. expense.
12.3 Storage of Equipment: The City does
INSPECTIONS NSPECTIONS AND HANDLING OF
not have sites suitable for storage of street DEFICIENCIES
sweeping equipment. The contractor is
responsible to make other arrangements if Inspections will be performed by qualified
necessary. City personnel on a regular basis, as well as spot
12.4 Traffic Counters: The Contractor is checks and in response to complaints.
cautioned that, at various times and locations, the 14.1 Complaints: The City shall receive and
City of Seal Beach will temporarily install portable process citizen complaints. CITY will notify
traffic counting equipment of the type which is CONTRACTOR of corrections and any re-sweeps
activated by vehicles coming in contact with a hose required following complaints. Citizen complaints
placed in the roadway. Caution shall be used by will be forwarded to the CONTRACTOR and the
the Contractor to avoid damaging said equipment. frequency of such complaints will be noted in any
If the Contractor, while in the performance of his subsequent unsatisfactory reports which might be
contract duties, damages or causes to be damaged filed against the CONTRACTOR.
any of the aforementioned traffic counting
equipment or appurtenances, he shall bear the In the event that the results of a sweep are
entire cost for the restoration, repair, inspection, considered to be unsatisfactory, City will notify
testing and replacement of said damaged Contractor of exact location and description of
equipment. deficiency. The Contractor shall re-sweep the
13. DISPOSAL OF DEBRIS & TEMPORARY unsatisfactory area at its expense. High visibility
TRANSFER SITES and/or unsafe conditions. Locations then will need
to be swept immediately.
13.1 Disposal of Debris: Contractor shall 14.2 Failure to Perform: It is and will be
dispose of all refuse and debris collected by his impractical and difficult to ascertain and determine
sweeping operations by hauling to a legally the actual damage the City will sustain by reason of
established landfill or area for disposal of solid delay in performance; therefore, it is agreed that
waste. The cost for disposal, including dump fees, the Contractor shall forfeit and pay to the City the
shall be included in the contract cost per curb mile. sum of $500.00 for each calendar day completion
The contractor shall list (and keep updated) the is delayed beyond the time allowed, and such sum
landfill site to be utilized on the vendor list. shall be deducted from any payments due or to
13.2 Transfer Sites: Contractor shall provide become due the Contractor. It is also agreed that
for any transfer site suitable for temporary the Contractor shall forfeit and pay the sum of
dumping of sweepers at no extra charge to $250.00 for each occurrence that the posted area
City. Contractor shall obtain written approval route is not started at the posted time and at the
of both the landlord and the City for use of land location agreed upon by the Contractor and the
within City boundary as transfer site. City. Contractor will be granted an extension of
Contractor shall remove and dispose of all time and will not be assessed liquidated damages
sweeping debris at least after every 5-day for delays caused by acts of God.
cycle. The Contractor shall list (and keep The City reserves the right to withhold
updated) the transfer site(s) to be utilized on payment for missed, incomplete or unsatisfactory
the vendor list. sweeping performance.
Special Provisions: 7
. • •
Responses to residential re-sweeps shall be within
This clause may be used to enforce twenty-four hours (24) after being notified by the
transfer site clean-up/maintenance. City representative and are to be completed at the
expense of the Contractor. High profile residential
14.3 Default: Repeated instances of failure to re-sweeps will be completed prior to 3:30 p.m. the
perform, and/or continued disregard of the same day Contractor was notified by City
requirements of this contract shall result in representative,when applicable.
cancellation of the contract.
Arterials and park parking lot re-sweeps will be
Issuance of two (2) unsatisfactory reports completed prior to 7:00 a.m. the following day after
to CONTRACTOR by CITY shall be deemed contact by City representative and are to be
breach of this agreement, and shall be grounds for completed at the expense of the Contractor. High
CITY to terminate this agreement. In the event of profile arterial re-sweeps will be completed prior to
such breach, CITY may, at its option, notify 3:30 p.m. the same day the Contractor was notified
CONTRACTOR of CITY's intention to terminate by City representative,when applicable.
this agreement. CITY shall give notice of
termination in writing, mailed to CONTRACTOR's Contractor shall notify City representative
most recent address on file with the Director of when re-sweeps are completed so City staff may
Public Works. This agreement shall be terminated inspect and verify work.
48 hours from and after the hour such notice is
deposited in the United States mail in a sealed5. EXTRAORDINARY MAINTENANCE
envelope properly addressed to CONTRACTOR
and bearing the prepaid first class postage. 15.1 Special Sweeps: Occasional sweeping
CONTRACTOR shall keep on file with the Director required by Contractor to include add-on scheduled
of Public Works/City Engineer, CONTRACTOR's and non-scheduled street sweeping of special
post office address and telephone number within events, spills, and unusual conditions or any other
CITY through which CONTRACTOR can be sweeping requested by the City not included in
reached. In the event of the termination of this routine/scheduled sweeping. Billing for special
agreement for any breach of failure of performance sweeps is based on an hourly rate with travel time
on the part of CONTRACTOR, CONTRACTOR included as per bid item and no additional
agrees to pay CITY upon demand, the amount of compensation will be allowed. Street sweeper will
any damage or less sustained by CITY in the temporarily postpone scheduled sweep and
matter of street sweeping, including the re- respond to special sweep locations once contact
advertising for and the letting of another contract has been made to contractor's office or field
therefor, for all interests in the CITY's cost of street personnel by City staff. Scheduled sweep will
sweeping incurred under such new contract and for resume once special sweep has been completed
all costs and attorney's fees incurred by CITY in the so as location may be inspected and verified for
cancellation of this agreement and the negotiation cleanliness. Special sweeps are to be completed
•
of such new street sweeping contract. The waiver during an agreed upon time.
of a breach of any of the terms of this agreement
shall not cancel, or in any way affect the right of the 15.2 Emergency Sweeps: Occasional
CITY to declare a default for any recurrence of the sweeping required by Contractor to include non-
same or any other breach of this agreement. All hazardous spills, accident clean-ups and unusual
changes proposed by Contractor regarding conditions which would require after-hour,weekend
equipment, scheduling, type and capacity will and holiday responses. Response to emergency
require prior approval by the City. sweeps shall be within two (2) hours of notification
by City. Contractor shall provide City with name
14.4 Re-sweeps: Re-sweeps are those and phone number of contact person for after-hour
required of the Contractor when, after inspection by emergency sweeps.
the City, are deemed not to meet the stated
performance standards, or when a street or section 15.3 Special Sweep Debris: Debris picked up
has been missed during the regularly scheduled on special sweeps (per hour sweeps) will be paid
street sweeping. Re-sweeps are completed at the for as follows:
expense of the Contractor.
Special Provisions: 8
a. Amounts of six yards or less for subsequent adjustments thereto and provided
every two hours of sweeping, will be included in the hereinafter. The Contractor shall submit a detailed
dollars per hour cost. invoice. City, upon receipt and approval of an
accepted invoice, will make payment within 30
b. Amounts of more than six yards days of receipt of invoice.
for every two hours of sweeping, will be paid for at
rate equal to 25% of the per hour rate, per extra 16.2 Invoicing: Contractor shall submit an
load. invoice monthly for weekly for service performed.
Scheduled sweeping and special sweeps shall be
c. Notification: The Contractor shall submitted on separate invoices, mailed or delivered
contact the Director of Public Works or his to:
representative regarding any extraordinary
maintenance work and seek his prior approval City of Seal Beach
before the work is scheduled. The Contractor shall 211 8th Street
notify the Director of Public Works by telephone at Seal beach, CA 90740
least four (4) hours in advance before any work is
commenced, except in emergencies where injury Invoice shall clearly state the following:
or property damage may result without prompt
response. ❑ Purchase Order Number
❑ Cost per Mile
d. Method of Payment: The ❑ Total Invoice Cost
Contractor shall present to the City an itemized list ❑ Base Contract Mileage, Contract Date
of all extraordinary maintenance on a separate ❑ Added Contract Mileage, Contract Change
monthly invoice for extraordinary maintenance Date
work performed during the previous month. The ❑ Federal Tax ID#
City shall compensate Contractor within thirty (30) ❑ Person who requested special sweeps
days of receipt of an itemized monthly invoice. The (extraordinary maintenance only)
City shall compensate Contractor for such
maintenance beyond the scope of routine
maintenance according to the hourly rate listed in
the bid schedule. (See invoice section 16.2.) 16.3 Adjustment of Payment: It is proposed
that street sweeping services be provided for a
16. COMPENSATION FOR ROUTINE period of one (1) year. Contract may be extended
MAINTENANCE by written mutual agreement on a year-to-year
basis not to exceed an additional two(2)years.
16.1 Payment: Payment will be made on the
basis of actual street curb miles swept times the For the second and subsequent contract years the
amount bid per curb line mile. For parking lots, rates set forth in the contract may be adjusted
payment will be made on the basis of hourly times upward or downward to reflect changes to the net
the amount bid per hour of sweeping. percentage change in the said C.P.I. during the
• period of time since the last preceding contract
The City has provided estimation of all its centerline adjustment, calculated to the nearest one percent.
miles. The contractor shall provide a report
verifying the actual amount of curb miles. The Contractor may petition the City for rate
adjustments on the basis of unusual changes in his
In case of a discrepancy between the City and the cost of doing business, such as revised laws or
Contractor about the amount of curb miles, the City regulations, or changes in disposal fees over which
shall make a determination from its digitally ortho the Contractor has no control.
rectified aerial photograph on its GIS system to
determine the length of curb. In order to justify such a rate increase, the
Contractor shall submit financial and accounting
For all of the services which the Contractor is data to the City which clearly substantiates the
obligated to perform under the terms of this requested rate increase. After consideration of
contract, the City shall pay to the Contractor once such financial and accounting data as submitted by
each month a sum equal to the amount specified in the Contractor and any other relevant information,
Contractor's Proposal, or as amended by any the City Council shall disapprove, approve, or
Special Provisions: 9
approve with modification the requested rate
increase. The decision of the City Council shall be
final and conclusive. The Contractor agrees to
abide by the City Councils decision.
Special Provisions: 10
A„ E 9 : NOTICE OF AWARD
Fi CS
Department of Public Works
\.. Sent Via Fax to CONTRACTOR— Original to Follow in Mail
City Project Number Project Name:
Street Sweeping Maintenance Service
Other Project Numbers(State, Fed..):
Contractor Name and Address: Distribution and Copies to:
R.F. Dickson Co. Inc. Steven L. Dickson President
12524 Clark Ave. Douglas A. Dancs, P.E. City of Seal Beach
Downey, CA. 90242 Mark Vukojevic P.E. City of Seal Beach
Bob Eagle Public Works Supervisor City of Seal Beach
Project Binder
Amount of Contract Award Date
$54,517.02 per year April 26, 2003
Contract Time
3 Years plus 2-1 yr. Extension
apon mutual agreement
You are hereby notified that City Council awarded
your firm the contract on the date described above. An authorized representative from each
The Contract Documents provides that the subcontractor must attend the meeting.
Contractor shall provide the following:
The Contract Documents provide that the
Three executed copies of the Submittals are due Contractor shall provide the following:
within 15 calendar days from the date of award
described above. ❑ Preliminary Schedule
❑ Designation in writing of Contractor's
❑ Public Works Contract Project Manager
Indemnification and Hold Harmless ❑ Designation in writing of Contractor's
Agreement and Waiver of Subrogation and Superintendent
Contribution ❑ 24 Hour Emergency Telephone Numbers
❑ Insurance Requirements of City of Seal ❑ Contact People for after hours work
Beach ❑ Designation Contractor's Phone Number for
o Workers' Compensation Certification Citizen Complaints
❑ All Certifications of Insurance on City Forms
(General Liability, Auto Liability, Excess
Liability) If you have any questions, please contact the Public
Works Department at(562) 431-2527.
NOTE: All documents must be on City forms. No
documents will be accepted that are in any way By order of the City of Seal Beach,
modified by the Contractor.
S-toy.
You are hereby notified that the pre-construction Engi ering Division Date
conference will be held on:
•
To be announced at a later date
Room 28 at Seal Beach City Hall
211 8th Street, Seal Beach, CA 90740
•
Place in
Separate
Proposal Sheet Sealed &
d
rke
SEAL BEACH STREET SWEEPING MAINTENANCE Marked
inside
COMPANY NAME: R.F. Dickson Co. Inc. Proposal
The City reserves the right to choose a combination of daily, weekly, bi-monthly, or monthly Street Sweeping
for its various streets and areas to meet its current funding level of$41,000 per year.
k No A re Yearly � Unit y Un t Pa r$ice in W gFS . ! UnPr ice s ini-s Etnd e
d PS ric.es:
f p tgA lc 2TotaLkA ,g4:w,f.`,-. ";t ! ��r r r A. Numb e r `
,
y:fii s & 55 a� S .w +s t y a g r `' r v i
q oi a 4 a a 7i q it x i &
r
al
1z Residential t7s8 Curb Thirteen Dollars and
miles seventy four cents $13.74 I $ 24,704.52
2. Main St. 94 Curb Thirteen Dollars and $13.50 $ 1 ,269.00
miles I fifty cents
3. Arterials 1340 Curb Thirteen Dollars and $13 74 $ 18,411 .60
miles seventy four cents
4 Leisure 300 Curb Thirteen Dollars and $13 85 $ 4.155.00
World miles eighty five cents
Pacific Curb
5. Coast 435 Thirteen Dollars and
Miles
Highway seventy four cents $13.74 $ 5.976.90
YEARLY TOTAL IN NUMBERS $ 54.517.02
Additional Sweeping:
1. Additional Mobilization and Demobilization (each): 30 Minutes
2. Additional Sweeping hourly rate (per hour): $75.00
R.F. Dickson Co. Inc.
Company
INSURANCE
The following are the names, addresses, and telephone numbers of all brokers and
sureties from whom Contractor intends to procure insurance and bonds:
1 . Worker's Compensation:
Company State Fund
Broker
David Yellin Western Health Ins.
Company Name
Address 4201 Long Beah Blvd. Long Beach Ca. 90807
Telephone Number (562) 733-8844
2. Liability and Property Damage Insurance:
Company Industrial Risk & Ins. Services Inc.
Broker George Mc Laughlin
Address 1611 E. 17thSt. Suite # 100 Santa Ana, Ca. 92711
Telephone Number (714) 796-1000
630153D623A-TIL-03
R.F. Dickson Company, Inc. and
Municipal Services Company, Inc. COMMERCIAL GENERAL LIABILITN I3/2004
•
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY—CON i RACTORS COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended c) This insurance does not apply to "bodily in-
to include any person or organization you are re- jury" or "property damage" caused by "your
• quired to include as an additional insured on this work" included in the "products-completed
policy by a written contract or written agreement operations hazard" unless you are required to
in effect during this policy period and signed and provide such coverage for the additional in-
' executed by you prior to the loss for which cover- sured by a written contract or written agree-
age is sought. The person or organization does ment in effect during this policy period and
not qualify as an additional insured with respect to signed and executed by you prior to the loss
the independent acts or omissions of such person for which coverage is sought and then only
or organization. The person or organization is for the period of time required by such con-
- only an additional insured with respect to liability tract or agreement and in no event beyond
caused by"your work"for that additional insured. the expiration date of the policy.
2. The insurance provided to the additional insured 3. Subpart (1)(a) of the Pollution exclusion under
is limited as follows: Paragraph 2., Exclusions of Bodily Injury and
a) In the event that the limits of liability stated in Property Damage Lability Coverage (Section I —
the policy exceed the limits of liability required Coverages) does not apply to you if the "bodily
by a written contract or written agreement in injury" or "property damage" arises out of "your
effect during this policy period and signed and work" performed on premises which are owned or
executed by you prior to the loss for which rented by the additional insured at the time "your
coverage is sought, the insurance provided work"is performed.
by this endorsement shall be limited to the 4. Any coverage provided by this endorsement to an
limits of liability required by such contract or additional insured shall be excess over any other
agreement. This endorsement shall not in- valid and collectible insurance available to the
crease the limits stated in Section III —LIMITS additional insured whether primary, excess, con-
OF INSURANCE. tingent or on any other basis unless a written
b) The insurance provided to the additional in- contract or written agreement in effect during this
sured does not apply to "bodily injury", "prop- policy period and signed and executed by you
erty damage","personal injury"or"advertising prior to the loss for which coverage is sought
injury" arising out of an architect's, engineers specifically requires that this insurance apply on a
or surveyor's rendering of or failure to render
primary or non-contributory basis. When this in-
any professional services including: surance is primary and there is other insurance
available to the additional insured from any
I. The preparing, approving or failing to source, we will share with that other insurance by
prepare or approve maps, shop drawings, the method described in the policy.
opinions, reports, surveys, field orders,
change orders, or drawings and specifi- 5. As a condition of coverage, each additional
cations; and insured must:
II. Supervisory or inspection activities per- a.) Give us prompt written notice of any "occur-
formed as part of any related architectural rence" or offense which may result in a claim
or engineering activities. and prompt written notice of"suit".
0:V.92 46 10 02 Copyright,The Travelers Indemnity Company, 2002 Page 1 of 2
COMMERCIAL GENERAL LIABILITY
b.) Immediately forward all legal papers to us, requirement, the tens 'insures against" refers
cooperate in the investigation or settlement of to any self-insurance and to any insurer which
the claim or defense against the "suit,")and issued a policy of insurance that may provide
otherwise comply with policy conditions. coverage for the loss, regardless of whether
c.) Tender the defense and indemnity of any the additional insured has actually requested
claim or"suit"to any other insurer which also that the insurer provide the additional insured
insures against a loss we cover under this with a defense and/or indemnity under that
endorsement. This includes, but is not limited policy of insurance.
to, any insurer which has issued a policy of d.) Agree to make available any other insurance
insurance in which the additional insured that the additional insured has for a loss we
qualifies as an insured. For purposes of this cover under this endorsement.
•
Page 2 of 2 Copyright,The Travelers Indemnity Company, 2002 CG D2 4610 02