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HomeMy WebLinkAboutCC AG PKT 2014-11-10 #K l.r..ti f:�F SEAL eF'�•, :� Zt AGENDA STAFF REPORT `s f <!FORN�P::: DATE: November 10, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, P.E., Director of Public Works SUBJECT: CITYWIDE STREET SWEEPING AND MAIN STREET SIDEWALK MAINTENANCE SERVICES SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6514: 1. Awarding a contract for street sweeping services to RF Dickson Company, Inc. in the amount of $360,658.80; and 2. Approving Budget Amendment 15-05-01 allocating $45,000 in additional funds for street sweeping services BACKGROUND AND ANALYSIS: The City sweeps nearly 4,000 miles of gutters each year. Street sweeping is an integral part of the City's efforts to minimize storm water pollution as well as provides for routine cleaning of the City's streets. City streets are typically swept twice per month with the exception of the streets in Leisure World which are swept once per month and this cost is reimbursed to the City. Pacific Coast Highway is swept four times per month. The contract scope of work for these services requires that the street sweeping contractor uniformly clean each street gutter to gutter including raised median curbs and painted medians as well. The contractor must also utilize street sweepers that comply with current air quality regulations governing this type of equipment. The scope of work also provides for after-hours emergency response as well. Since the current contract was set to expire in October 2014, staff solicited new bids for this service. Agenda Item K On October 1, 2014, the City Clerk's office received 2 bids for street sweeping services in the following amounts: Rank Contractor Bid - Street Sweeping 1 RF Dickson $120,219.60 2 CleanStreet $156,696.00 RF Dickson has provided the City with street sweeping services since 2004. The City currently pays $15.93 per curb mile for this service. In 2011, the City Council approved a 3-year contract extension with RF Dickson and staff provided the Council with a survey of curb mile rates other surrounding cities were paying at that time. A summary of that survey is below: Agency 2011 Rate ($/curb mile) Average Fountain Valley $56.45 Garden Grove $33.80 Stanton $27.50 $33.87 Huntington Beach $26.86 Westminster $24.75 As indicated in the table above, Seal Beach has been paying far less for street sweeping services than its surrounding neighbors for a number of years. RF Dickson recently indicated that it would no longer be able to sweep the City's streets at the current curb mile rate and as such, the contract was publicly advertised and publicly bid for a new contract. The curb mile rates obtained in this bid are as follows: Contractor Curb Mile Rate _I RF Dickson $28.80 CleanStreet $38.00 r Sidewalk Main St eet Side a k The City of Seal Beach currently cleans (power wash) Main Street monthly. During budget hearings and adopted within the FY 2014-15 budget are funds to increase frequency. A contract amendment to increase the frequency was being prepared for the City Council in the fall of 2014, but has been delayed due to the State's recent declaration of a drought emergency and mandatory water restrictions (washing of sidewalks is now prohibited by both the State and City ordinance 9.25). As such, alternate methods of cleaning Main Street have been studied and bids were solicited for cleaning included with the Citywide street sweeping contract. The vendor will utilize a sweeper/vacuum combination unit similar to the one the City currently uses to clean the pier. These units recycle water. The bids received for this scope of work are as follows: Page 2 Contractor Annual Cost RF Dickson $53,775.36 CleanStreet $16,848.00 Given the wide disparity in the two bid amounts, it is recommended that this scope of work not be included in the street sweeping contract. Staff will develop a separate bid specification and will solicit bids for this work as a separate contract for future Council consideration. Based upon the references, qualifications, work experience and cost, staff recommends the City Council award this contract to RF Dickson as the lowest responsive and responsible bidder for an annual cost of$120,219.60. The term of the agreement is for three years and as such, the total cumulative contract amount for three years of sewer cleaning services amounts to $360,658.80. The initial term of the contract shall be for three years expiring on November 9, 2017, with two additional one-year extensions available based on contractor performance and at the discretion of the City. The City Attorney's office has approved as to form the attached contract for these services. The contractor has signed -the agreement and the exhibits to the agreement including insurance documents that will be provided to the City should the City Council elect to award this proposed contract. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this contract award. The vendor is required to carry all applicable permits. LEGAL ANALYSIS: The City Attorney has reviewed and approved the contract. FINANCIAL IMPACT: As a result of the higher per curb mile costs obtained through this bid, insufficient funds exist in the City's Operating Budget to continue providing this service through the end of the current fiscal year. Accordingly, Budget Amendment 15- 05-01 for account number 001-044-40801 has been prepared for Council consideration, and will fund the increased cost of street sweeping through the remainder of the fiscal year. Budget Amendment 15-05-01 would allocate $45,000 as follows: Description Account Revised/Adopted Proposed Budget(diff) Budget Budget Amendment Street Sweeping 001-044-40801 $ 53,200 $ 98,200 $ 45,000 Page 3 RECOMMENDATION: That the City Council adopt Resolution No. 6514: 1. Awarding a contract for street sweeping services to RF Dickson Company, Inc. in the amount of $360,658.80; and 2. Approving Budget Amendment 15-05-01 allocating $45,000 in additional funds for street sweeping services SUBMITTED BY: NOTED AND APPROVED: Sean P. Crumby, P.E. ill . Ingram, City ana er Director of Public Works Prepared by: Luis Estevez, Deputy Director of Public Works, Maintenance & Utilities Attachments: A. Resolution No. 6514 B. Contract Page 4 RESOLUTION NUMBER 6514 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT FOR STREET SWEEPING SERVICES AND AMENDING THE BUDGET BY APPROVING BUDGET AMENDMENT NO. 15-05-01, ALLOCATING AN ADDITIONAL$80,000 FOR THESE SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE: Section 1. The City Council hereby approves that Street Sweeping Services contract dated November 10, 2014 with RF Dickson Company, Inc. to provide street sweeping services in the amount of$360,658.80 ($120,219.60 annually). Section 2. The City Council hereby directs the City Manager to execute the contract on behalf of the City. Section 3. The City Council hereby approves Budget Amendment No. 15-05- 01 to allocate an additional $45,000 in account number 001-044-40801 to provide these services. Revised/Adopted Proposed Budget(dift) Description Account Budget Budget Amendment Street Sweeping 001-044-40801 $53,200 $98,200 $45,000 Section 4. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of —November 2014 by the following vote: AYES: Council Members: NOES: Council Members'. ABSENT: Council Members: ABSTAIN: Council Members: ATTEST: Mayor City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OFSEALBEACH 1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number XXXX on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at regular meeting held on the 10th day of November 2014. City Clerk MAINTENANCE SERVICES AGREEMENT Between SEA1 o 27 City of Seal each 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 RIF Dickson Company, Inc., ("Contractor'), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). I of 25 S7296-000111236808v1-doc RECITALS X 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 2 of 25 S7296-0001\1236808vl.doc 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. 42 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 5e1. 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 3 of 25 57296-0001\1236808YI.doc 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: RIF 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 Linder 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 Contractors 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, 4 of 25 S7296-0001X12368080.doc 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 certifi cates 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 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 5 of 25 5729&-0W1\1236808v1,doc 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, offi cers, 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 "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 Indernnitees. 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 6 of 25 57296-000111236808v1.doc 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. 7 of 25 S7296-0001\1 236808v1.doc 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise, 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services, Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 202 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 to 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 8 of 25 S7296-0001\1 236808v I.doc 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: Jill R. Ingram, City Manager Attest: By: Linda Devine, City Clerk Approved as to Form* By: Steven L. Flowers, City Attorney 9 of 25 S7296-0001\1236808v1,doc CONTRACT By: Name: Steve Dickson Its: President By: Name: Its: 10 of 25 S7296-000111236808vlAoc EXHIBIT A SCOPE OF WORK Section A Primary objectives of the sweeping program are to- • Establish and adhere to a regular schedule of performance 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 11 of 25 S7296-0001112368080,doc 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. 12 of 25 S7296-0001\1 236808vl.doc 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 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 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 on special sweep has been completed. Contractor will contact City personnel when special sweep has been 13 of 25 57296-000111236808v1,doc 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 (1 5) 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 14 of 25 57296 111 2368080.doc 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 15 of 25 S7296-0001\1 236808vl.doc 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 16 of 25 S7296-0001\1 2368080.doc 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. 17 of 25 S7296-0001\1 2368080.doc I 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 sweeper's will be considered if capable of meeting City requirements and standards. The type used in specific areas will be at the discretion of the City providing performance standards are met. Sample types include Mobile broom sweepers, Tymco 600 regenerative air sweepers, and Tymco 600 regenerative airs eper 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 3600 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 18 of 25 S7296-0001\1236808vl.doc 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 on 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 fora rial 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 (5`h) 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 19 of 25 S7296-0001112 08vi.doc 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. 20 of 25 S7296-O001\1236808v1.doc 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. Defa u It 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 the 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 21 of 25 S7296-0001\1236808v1.doc (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. Add itio n sl 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. 22 of 25 57296-0001112368080 Am 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 the 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 am. 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 on 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. 23 of 25 S7296-0001\1 236808vl.doe 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 each 211 8th Street Seal Beach, Callfomia 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 CRY 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. 24 of 25 S7296-0001\1236808A.doc EXH I BIT B BID SCHEDULE UNIT OF YEARLY UNIT ITEM NO, ITEM DESCRIPTION MEASURE TOTAL PRICE COST EST. QTY. 1. 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 25 of 25 S7296-000111236808v1.doc CARTA-PODER 16 20 P49:V r An;:i 1:: c'-'rF "C' L a z L5r-Le r-a 1--k Y rVfTe- ['aLl V�t- lds. jerjr._'.D, -j A:,:cnvenctCr.e., lie -e en,Al irri e:t ri :cn-- opq7w;a excul-CLe'nes "..la.WrlaU ', J�--Vl.tml lar.. rt'%dl Ll.-" cute �v pruebax. recernz -3 :e lai:aA % Ivi, .;it(. �e ;-rt>pr-tcr i•vi la contr&rLj. - preSqntv teax&,aL. Vva pret.lVtar j L,,; --e re"In'e y taco-. Ar t f- oule y f.sue I -.I Cl WICA. JuL­.:vq 'u;:c r i r•re!- nf vr­re a, r1-A autos i mr-,'r- I CM%Ltrt: a v.s *.'a-.-C-I=!!g- 1;.(L;.j pr: qontrariv ir- periel, jpc:a. jnecrrx-r.-p% c.1 i-;.-r, : t• 10.1,!ata jclaraci�n Ile Ia. y IC6 ror•re,entil Or .01 vem.tra P.t se dec-f-ten. pioul P; rcmaEL ;.:c %vi, _icoos vni.-araa.". . 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