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HomeMy WebLinkAboutItem MAGENDA REPORT DATE: October 22, 2001 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Doug Dancs, P.E., Director of Public Works / City Engineer SU13JECT: AWARD UNIt-PWCE /MAINTENANCE SERVICES CONTRACT FOR STREET SWEEPING SUMMARY OF REQUEST: The proposed City Council action will award a unit price/maintenance services contract for street sweeping with California Street Maintenance and authorize the City Manager to execute the contract. BACKGROUND: This action consists of awarding a contract to California Street Maintenance to provide city-wide street sweeping services within the City. During the budget process, an analysis of contract vs in -house sweeping was presented along with a funding deficit for the fees collected for the service. Council directed staff to pursue raising the service fee to close the deficit and obtain bids from contract firms for weekly street sweeping. Council approved Staff to initiate the Request for Proposal process. The RFP was set up for both weekly street sweeping and an alternate if the measure to increase street sweeping did not pass. The advantages of a service contract are that the City will be able to increase or decrease its level of service by area depending on funding constraints or specific needs. Contract sweeping is performed on a unit price of per curb mile so the City would be able to use say the equivalent .7 of a street sweeper. Some of the other benefits with contract services is no equipment maintenance, lower capital costs, less downtime and equipment breakdown, decreased employee liability, and increased storage area. The current analysis purports that contracting would also provide major cost savings. The city street sweeper operator would be transferred to the sewer utility division where there is a need for more operational personnel. RFP's were received and evaluated based on costs, work experience, references and familiarity with small coastal communities. During this evaluation process, Staff negotiated with California Street Maintenance the lowest curb mile unit price of $12.85. Out of the service providers, this firm had the most experience with Coastal ,MG AGENDA ITEM M III I Communities. They perform services for Hermosa Beach, Manhattan Beach, Dana Point, Imperial Beach, Pismo Beach and Malibu. Initially the contract was scheduled for award after the election. The Department's analysis discovered that the existing residential schedule could be accomplished with only minor modification to the arterial schedule for within the existing fee revenue of $37,000. It is expected that 2800 curb miles will be swept, which covers the current program. Should the fee initiative to increase service pass, then the contract could be expanded to include sweeping the entire street and alley network on a weekly basis. The contract would be good for one year but could be extended on a yea to year basis not to exceed an additional two years upon written mutual agreement. Prices may be adjusted upward or downward to reflect changes to the net percentage change in the consumer's price index. Since currently Leisure World contracts with the City for street sweeping, they could have their streets swept using the City's negotiated rate or contract with another service provider. Upon award of the contract, a meeting will be scheduled with Leisure World facility maintenance and California Street Maintenance to discuss. FISCAL IMPACT: None. It is Staff's intent that the yearly costs of the contract not exceed the current fee revenue of $37,000. RECOMMENDATION: Upon motion of the consent calendar, it is recommended that the City Council award the unit price/maintenance contract for street sweeping to California Street Maintenance and authorize the City Manager to execute the contract. 2-�- - Doug Danes, Vt., Director of Public Works/City Engineer Letter of Transmittal "`�; ry TO: Joanne DATE:Thu, DeC 13, 2001 CITY PROJECT # —� ADDRESS: SUBJECT: STRE MEEPING CONTRACT THESE ARE TRANSMITTED as checked below: FROM: ❑ For approval ❑ FYI ❑ Returned for corrections ❑ For your use ❑ Approved as submitted ❑ As requested ❑ For signatures and return ❑ Approved as noted ❑ Review and comment ACTION REQUIRED: ❑ No action required ❑ Comment and return ❑ See remarks below ❑ Have signed and return ❑ Make corrections and return DELIVERED VIA: ❑ Mail ❑ Hand Deliver ❑ Fax ❑ Messenger ❑ Pick Up ❑ Electronic ❑ Overnight Delivery Copies Date Full Description and Title 1 12.132001 Street sweeping Contract REMARKS: are Copy not as noted, kindly notify us at once. California Street Maintenance December 12, 2001 Ms. Karen Walton Exec Secretary, Engineering CITY OF SEAL BEACH 211 8 t St, 2nd Floor Seal Beach, CA 90740 Dear Ms. Walton, Enclosed is the signed copy of the Agreement for Contract Services for Street Sweeping. We look forward to working with the City of Seal Beach. Please feel free to call if you have any questions. Sincerely yours, e ( es k-;' 1918 W. 169TH STREET, GARDENA, CA 90247 (800) 225 -7316 WWW.STR E ETSWE E PIN G.COM E -MAIL STSWEEPERS ®EARTHLINK.NET FAX (310) 538-8015 This Contract A>)i day of 8" Street, Seal hereinafter Please... UUTING & �j'(� CITY OF S& El Read [[ CONTRACT A To: ❑ Handle FO ❑ Approve STREET SWEEPINf FO dn/�xt_�_ . an PERIOD ❑ Forward JULY 1, 2001 TO ❑ Return INCLU ❑ Keep or Recycle IN THE CITY OF ❑ Review with Me From: Date: is made and entered into for the above - stated project this _ _, 2001, by and between the City of Seal Beach located at 211 California 90740, hereinafter referred to as - CITY', and a ntinn /nnrtnPmhin /ntharl located at WITNESSETH, that CITY and CONTRACTOR have mutually agreed as follows: The contract documents for the aforesaid prof shall consist of the Notice Inviting Sealed Proposals, Instructions to Proposers, Prop Schedule, Project Cost Schedules, Contract Agreement, General rovisions, and Spec I Provisions together with all required bonds, insurance certificates, permits, notices, and a avits; and also including any and all addenda or supplemental agreements clarifying, or a ding the work contemplated as may be required to ensure its completion in an acceptable nner. All of the provisions of said contract documents are made a part hereof as though ful set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made a performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work r uired for the above - stated project, and to fulfill all other obligations as set forth in the afores 'd contract documents. / ARTICLE III CONTRACTOR agrees to receive and accept $12.85 per curb mile 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 $ 3.080 per month for routine maintenance plus such sums as approved by the City in writing for extraordinary maintenance. On November 27, 2001, property owners within the City will be voting on a measure to increase the fees the City imposes for street sweeping services. In the event, the property owners approve the fee increase, the City reserves the right to increase the scope of services by increasing the frequency of the Contractors services at the rate of $12.85 per curb mile. 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 workers 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, fine 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 day of 12001. CITY OF SEAL BEACH John Bahorski, City Manager ATTEST: Joanne Yeo, City Clerk APPROVED AS TO FORM: Imo— - CONTRACTOR President or Vice President (signature must be Na%rized) Vice President or Secretary (signature must be No rued) CONTRACT ATTACHMENT LISTING (ARTICLE 1) Executed Contract Workers Compensation Insurance Public Liability and Property Damage Insurance Permits and Licenses Equipment Listing Equipment Identification Communication, Shovel and Warning Devices Schedule of Documents (maps) Communication Records Record Samples Invoice Sample Transfer Site Agreement(s) Landfill Site Agreement(s) Company Proposal R.F.P. Document and Specifications Addendum LOCAL AGENCY LISTING LOCATION OF WORK Citywide — City of Seal Beach Public Roads NOTIFICATION The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct: CITY OF SEAL BEACH 562/431 -2527 Doug A. Dancs, Director of Public Works /City Engineer UNDERGROUND SERVICE ALERT 800/422 -4133 SEAL BEACH WATER DEPARTMENT 5621493 -8660 Jeff Watson SEAL BEACH SEWER DEPARTMENT 562/493 -8660 Steve Stockett SEAL BEACH PARKS DEPARTMENT 5621493 -8660 Bob Eagle SEAL BEACH ENGINEERING AND INSPECTION 5621431 -2527 City Hall SEAL BEACH TRAFFIC SIGNAL 5621431 -2527 City Hall SOUTHERN CAL. EDISON COMPANY 5621981 -8240 Jeff Berry SOUTHERN CAL. GAS COMPANY 714/634 -3041 Bob Trenton ADELPHIA 714/338 -2056 Dale Phillips VERIZON 714/375 -6702 Patrick Dillon TRASH SERVICE: BRIGGEMAN 562/598 -8729 CALTRANS 949/724 -2174 SELECTED SEWER TRANSMISSION MAIN: 714/962 -2411 Orange County Sanitation District SELECTED STRORM DRAIN FACILITIES: 714/834 -2300 Orange County, EMA SEAL BEACH POLICE DEPARTMENT 562/431 -2541 ORANGE COUNTY FIRE AUTHORITY 714/538 -3501 OCTA 714/560 -6282 LOS ALAMITOS SCHOOL DISTRICT 562/799 -4700 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the County Sheriffs Department or the City Police Department prior to beginning work. GENERAL PROVISIONS LEGAL RESPONSIBILITIES OF THE CONTRACTOR WORKER'S COMPENSATION INSURANCE Pursuant to the requirements of Section 1860 of the Labor Code (Chapter 1000, Statues of 1965), Contractor shall take out and maintain, for the duration of this Contract, Worker's Compensation Insurance for all his employees employed at the Location of Work. If any work is sublet, Contractor shall require the Subcontractors) similarly to provide Worker's Compensation Insurance for all of the Subcontractor's employees. Contractor Indemnities City for any damage resulting from failure of either Contractor or any Subcontractor to maintain such insurance. PUBLIC LIABILITY AND PROPERTY DAMAGES Contractor shall take out and maintain, for the duration of this Contract, Comprehensive Automobile and General Liability Insurance that provides protection from claims which may arise from operations or performance of the work under this Contract by Contractor, his agents, representatives, employees or subcontractors. Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000. Contractor shall provide City with a certificate of insurance on City's forth which evidences the required insurance . This certificate shall be submitted with the contract documents. The following endorsements must be indicated on the certficate: o The City of Seal Beach, as City, its elective and appointive boards, officers, contractors, agents and employees are named as additional insureds in the policy as to the work being performed under the Contract; ❑ The coverage is primary and no other insurance carried by City will be called upon to contribute to a loss under this coverage; ❑ The policy covers blanket contractual liability; ❑ The policy's Limits of Liability are provided on a par occurrence basis; ❑ The policy covers broad -form property damage liability; ❑ The policy covers personal injury liability as well as bodily injury liability; ❑ The policy covers explosion, collapse and underground hazards liability; ❑ The policy covers projects and completed operations; o The policy covers use of non -owned automobiles; and U Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not a8ect coverage provided to City, its officers, officials, employees, agents or volunteers. ❑ Coverage shall not be carx:eled or materially altered unless thirty (30) days written notice is first given to City, Attention of the City Clerk and the Director Public Works. LEGAL OBLIGATION Contractor shall defend, at his own cost, expense and risk, any and all actions, suits or other legal proceedings which may be brought or instituted against City, the City of Seal Beach, the City Council, its employees and consultants, on any such claim or demand arising out of Contractor's performance, or his Subcontractor's performance, under this Contract. Contractor shall pay or satisfy any judgment that may be rendered against the City or its principals in any such action, suit, or legal proceedings, or result thereof. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages to persons or property resulting from this operations, or any operations of any Subcontractor under him. ASSIGNMENT OF CONTRACT Contractor shall under no circumstances assign this Contract to another party without the express written consent of the City. LABOR STRIKE Contractor shall be responsible to provide continuous maintenance services, without any interruption, of all streets located identified in the City. In case of any labor strikes, Contractor shall provide other means, at his own cost and expense, to provide comparable continuous service as if no strike existed. Failing to do so will cause City to take whatever action is deemed necessary to provide such service; and the cost, therefore, will be borne by Contractor. FAILURE TO PERFORM If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this Contract, the City, three (3) days after written notice to the Contractor, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor; provided, however, that the Director of Public Works of said City shall approve such action and certify the amount thereof to be charged to the Contractor. It is expressly understood and agreed that the Contractor herein named in the furnishing of all labor, services, materials and equipment and performing the work as provided in this contract is at the express consent of the City Council. TERMINATION DURING CONTRACT PERIOD In the event that any of the provisions of this contract are violated by Contractor, the City may terminate the contract by serving written notice upon the Contractor of its intention to terminate such contract and, unless adequate response is made by Contractor within ten (10) days, the contract shall cease and terminate. In the event of any such termination for the reason above mentioned, the City may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and his sureties shall be liable to the City for any excess cost occasioned in the event of such termination, for other causes, authorized by law or other provisions of this contract. LAWS TO BE OBSERVED Contractor shall keep fully informed of all existing and future State and Federal laws, and of all Municipal Ordinances and regulations of City which in any manner affect those engaged or employed in the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with, and shall cause his agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify City, the City Council, the Director of Public Works, and all of its and their officers, agents, and employees against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor or his employees. Should any discrepancy or inconsistency be discovered in the specifications, or in the Contract for the work, in relation to any such law, ordinance, regulation, order or decree, Contractor shall report in writing without delay such discrepancy or inconsistency to the Director of Public Works. Attention is directed to the Labor Code which provides that no discrimination shall be made in the employment of persons upon public works because of the race, color, national origin, ancestry, sex, religion, or handicap of such persons and every contractor of public works violating this section is subject to all the penalties imposed for a violation of this chapter. PERMITS AND LICENSES Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the contract. PATENTS Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. PUBLIC CONVENIENCE AND SAFETY Contractor shall so conduct his operation as to cause the least possible obstruction and inconvenience to the public. Contractor shall furnish, erect and maintain signage, barriers, lights, warning devices for use in performance of "Work Upon Highways" published by the State of California, Department of Transportation, etc. to ensure the safety of the public or as may be deemed necessary by the Director of Public Works or his designated representative to give adequate warning to the public at all times of any dangerous or abnormal conditions. RESPONSIBILITY FOR DAMAGE The City of Seal Beach, the City Council, or the Director of Public Works shall not be answerable or accountable, in any manner, for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workers or the public; for damage to adjoining property from any muse whatsoever during the progress of the work or at any time before final acceptance. NO PERSONAL LIABILITY Neither the City Council, the Director of Public Works, nor any other officer or authorized assistant or agent, shall be personally responsible for any liability arising under this Contract. 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 CONTRACT PERIOD The Contract period shall be July 1, 2001 to June 30, 2002. The term of the contract shall be for one year and the City, at its option, may choose to renew the Contract for two (2) one -year extensions. The City shall provide written notification to Contractor thirty (30) days in advance of the Contract expiration indicating whether the City intends to extend the Contract. GENERAL REQUIREMENTS 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 speed herein. All work performed or equipment utilized by Contractor shall be subject to the inspection and approval of City, its Director of Public Works or his authorized representative. OBJECTIVE The primary objectives of the street sweeping program are to: 3.1 Establish and adhere to a regular schedule of performance. 3.2 Maintain gutter flow lines free of debris for free flow of water. 3.3 Maintain a state of cleanliness for road safety and acceptable to the City and its residents. 3.4 Meet all Federal, State and City laws and ordinances. 3.5 Meet all NPDES requirements, to the extent possible, remove and property 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. 4. QUALIFICATIONS OF CONTRACTOR The City shall require submission with the Proposal of certified supporting data regarding the qualifications of the Contractor in order to determine whether he is a qualified, responsible Contractor. The Contractor will be required to furnish the following information: 4.1 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. 4.2 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. 4.3 A detailed inventory of the Contractor's equipment available for 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. Special Provisions: 2 4.4 The names and resumes of the principal officers, partners, and/or officials. 4.5 Such additional information as will satisfy the City that the Contractor is adequately prepared to full the Contract. 5. DISQUALIFICATION OF CONTRACTORS Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be considered sufficient for the disqualification of a Contractor and the rejection of his Proposal: 5.1 Evidence of collusion among Contractors. 5.2 Lack of competency as revealed by either incomplete proposal, experience or equipment statements as submitted or other factors. 5.3 Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted. 5.4 Default on previous municipal contract. 5.5 Other causes. 6. DEFINITION OF TERMS 6.1 Agreement/Contract: The terms "AGREEMENT" and "CONTRACT" are used interchangeable and shall mean this document and its attachments for the street sweeping maintenance of the City of Seal Beach. 6.2 Alleyways: Shall mean all dedicated public rights of way within the existing or future corporate limits of the City of Seal Beach which are paved. 6.3 Air Sweeper: Shall mean the mechanical street sweeper which 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.) 6.4 Weekly: Shall mean weekly sweeping cycles. 6.5 Bimonthly: Shall mean two complete weekly sweeping cycles, to be done on the first and third weekdays of each month. The City would consider other sweeping schedules, except in the posted areas. 6.6 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 or Public Works Inspector. 6.7 Contractor. Shall mean the person, corporation, or partnership, its officers, employees, or representatives, performing street sweeping services under contract with the City. 6.8 Curb Mile: Shall equal 5,280 feet and is the measurement used to determine compensation under this contract. Curb mile is defined as actual sweeping against the street curb. Sweeping across the intersection shall not be considered as included in the contract per curb mile and no additional compensation will be allowed therefore. 6.9 Debris: Shall mean all litter, rubbish, leaves, sand, dirt, silt, garbage, obstructions and other foreign material removable from a paved street with a mechanical street sweeper. 6.10 Dead Spots: The triangle area at an intersection where debris collects outside of the typical traffic pattern. Note: These are to be swept on arterial streets and as requested on residential streets. 6.11 May: Shall be permissive. 6.12 Residential Alternate Side: Shall mean the streets which are specially posted parking restrictions to facilitate street sweeping. 6.13 Routine /Scheduled Sweeping: Includes the regular, reoccurring sweeping of all arterial/residential streets, alleyways, and park parking lots on weekly, depending on the alternative chosen by City Council. 6.14 Shall: Shall be mandatory. 6.15 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. 6.16 Street Sweeping: Shall mean 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 Special Provisions: 2 raised medians, left turn pockets between painted center striped medians of arterial and residenfial streets, dead spots and cross gutters. 6.17 Street Sweeping Maintenance: Shall mean the street sweeping program in the City of Seal Beach as specified herein the R.F.P. 6.18 Sweepings: Shall mean all debris removed from streets by street sweeping vehicles 6.19 PMro: Particulate matter with an acrodynamic diameter smaller than or equal to 10 microns as measured by the applicable State and Federal reference test methods. 7. EQUIPMENT REQUIREMENTS 7.1 Equipment Description: The type of equipment used by CONTRACTOR shall be certified by the Air Quality Management District (AQMD) as meeting the Rule 1186 sweeper certification procedures and requirements for PM, 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, and an absolute minimum of one (1) primary sweeper, and one (1) back -up sweeper shall be provided. All sweepers used in the City of Seal Beach shall not be older than five (5) years old and be equipped with dual gutter brooms. Contractor is to provide as part of the proposal the manufacturer specification sheets for any equipment proposed. One (1) primary sweeper shall be a regenerative air sweeper and shall be used exclusively for the City of Seal Beach under their agreement. The backup sweeper shall be a regenerative air sweeper or equivalent and shall be made available in case of breakdown of primary sweepers. All sweepers must have a minimum hopper capacity of sir (6) cubic yards. During and after inclement weather, mobile or approved equivalent sweepers may be required by the City to sweep the City streets rather than using regenerative air sweepers if deemed necessary by City on a daily basis. All sweeping equipment used by contractor for the City of Seal Beach shall have the same curb mile cost for such special cases. 7.2 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, license number, phone number and the following wording: "Under contract to the City of Seal Beach." 7.3 Communication: All sweeping operators shall have a Nextel two -way radio cell phone. Said phone will be programmed to the City of Seal Beach Direct Conned frequency at all times for effective communication with City staff. The phone will also be capable of receiving voicemail as well as text messages. Failure of the Contractor to have operable phones in service at all time, may be considered liquidated damages of $100.00 for every day or contract termination. 7.4 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 engine shall be routinely maintained as 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 shall have gutter brooms changed when broom length reaches 7 ". 7.5 Shovel: A hand shovel shall be carried on the truck for operators use. 7.6 Equipment Listing Updated: The contractor shall supply the City with an uo-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 the 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 the contractor for work to be done under this agreement shall not exceed five (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 at his sole discretion,. This list will update the list provided in Section 4.4 Special Provisions, of this Proposal. 8.0 SCHEDULING REQUIREMENTS 8.1 Schedule: Contractor shall prepare a detailed sweeping schedule of all routine sweeping of arterial, residential, residential alternate side of Special Provisions: 3 street, alleyways and park parking lots within the City, with special emphasis on the residential alternate side of street sweeping. Once Contractor has prepared these sweeping schedules as part of the contract documents, no changes in sweeping schedules will be allowed without prior written approval of the City. Contractor shall complete all sweeping per schedule, mechanical failures or personnel problems shall not be acceptable reasons for failure to comply. 8.2 Hours and Days: All sweeping is to be done Monday through Friday, and changes in sweeping schedules will be allowed with written approval of the Director of Public Works. Contractor shall provide a best sweeping schedule for City of Seal Beach including days and times which guarantees to accomplish the contract street sweeping services to its satisfaction. 8.3 Scheduled Areas: All public streets within the City of Seal Beach shall be swept in accordance with the schedule attached hereto as Attachment . For the purposes of this proposal, proposal shall be submitted for sweeping services on the basis of street curb line miles. (For streets with center medians, four curb lines per centerline mile shall be swept.) For streets (alternate side sweeping and alleyways) without medians, two curb lines per centerline mile shall be swept. For "half- improved" street or streets with only one curb line within the City limits, one curb line shall be swept per centerline mile. Parking lots are to be swept from side to side until entire lot area is swept. A detailed plan of the weekly street sweeping shall be submitted for the City's approval prior to commencement of the Street sweeping services. At which time, the City shall be provided two (2) colors ded laminated maps indicating the day and approximate time each strest/lot area is scheduled to be swept and two (2) color -coded laminated route maps indicating the route the sweeper will be utilizing for each area. 8.4 Holiday or Inclement Weather: When holiday or inclement weather, in the opinion of the City, or his designated representative, prevents adherence to the regular weekly sweeping schedule, the Contractor shall not be required to comply with the schedule. However, the Contractor shall 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 because of equipment breakdown or reasons other than inclement weather, the Contractor shall be required to complete the sweeping services so deferred 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. 8.5 Changes to Schedule: 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 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 notfication of such changes. However, nothing in this clause shall excuse Contractor from proceeding with the performance of its obligations hereunder as so changed. 8.6 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 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 dale of the change. All changes shall be made at the current contract mileage rate. The City is reserves the right to add or delete entire or partial amount of mileage of any areas in the street sweeping contract based upon budgetary constraint. Special Provisions: 4 8.7 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 thereunder. COMMUNICATION RECORDS 9.1 Communications: Contractor shall maintain an office staff reachable by phone with the 562, 714, 949 or 800 area code, from 8 a.m. to 5 P.m. from 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 (5 p.m. to 8 a.m.), to bill). used in emergency /after -hour call-outs. Contractor shall also provide that 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 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. 9.2 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. 9.3 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 a. Date /streets swept b. Operators name C. Type of sweeper, truck # d. Mileage of each street e. Amount of debris collect per area f. Amount of water utilized per debris load g. Tachograph 9.4 Recording of Accidents: Contractor shall maintain a record of all automobile accidents that the street sweeper is involved in while performing work under this contract. Forms are required for compliance of NPDES regulations and shall be submitted to the George Bernard, Public Works Assistance within 10 days of the end of each month. 9.5 Other Records: Contractor shall provide vehicle service, water use and other management records to help evaluate the services being provided. SWEEPING PRACTICES 10.1 Areas of Street: Shall 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 eight (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). 10.2 Flow of Traffic: Sweeping shall be accomplished in the same direction as traffic flow at all times during arterial residential streets and alleyways sweeping. 10.3 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 this contract by first making arrangements with the various governing water districts and shall pay all fees and comply with all Special Provisions: 5 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 list (and keep updated) the water suppliers) to be utilized on the proposal vendor list. 10.4 Warning Devices: When sweeping, the vehicle shall be equipped with top mounted (rotating or beacon) warning lights visible for 360 degrees. 10.5 Sweeping Speed: Sweeping speed shall be adjusted to street and debris conditions with a maximum speed of ten (10) miles per hour (MPH) or to manufacturer's recommended speed. City streets swept while driver exceeds ten (10) MPH will be reswepl in their entirety at contractor's expense. In addition, a verbal warning will be given for the first violation. A written warning will be given for the second violation and "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. 10.6 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 alongl. the curb line, at intersections and cross drains. Extra effort shall 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 stormy weather. The cost of any extra effort shall be inducted in the contract cost per curb mile. 12. 10.7 Obstructions: Upswept or unsweepable items such as tree limbs, palm fronds, rocks, trash and debris, shall 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 when all of the following conditions are met: a. Source of debris is obvious and not natural accumulation. (Should be bagged and/or disposed of by party responsible.) b. 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. 10.8 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 re- swept, the driver /sweeping contractor will 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 leaned, the City should be notified. 10.9 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. STANDARDS OF PERFORMANCE 11.1 The standards of performance which the Contractor is obligated to perform hereunder are those standards of the industry which are considered to be good street sweeping practices and which are subject to approval by the City. MISCELLANEOUS 12.1 Public Convenience: The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. The Administrator shall make final determination of public convenience. Special Provisions: 6 12.2 Field Supervision: The Contractor shall Provide such adequate field supervision as to furnish continuous surveillance of workmanship and adherence to schedules by the crews performing the work under contract. The field supervisor shall check with the City in person weekly as to the schedule of work, citizen complaints, and adequacy of performance. The Contractor shall submit such reports as the City may require to ensure compliance with scheduled work. Contractor shall communicate to the City anytime the regular driver will not be sweeping or If there are any other driver changes. 12.3 Storage of Equipment: The City does4. not have sites suitable for storage of street sweeping equipment. The contractor is responsible to make other arrangements if necessary. 12.4 Traffic Counters: The Contractor is cautioned that, at various times and locations, the City of Seal Beach will temporarily install portable traffic counting equipment of the type which is activated by vehicles coming in contact with a hose placed in the roadway. Caution shall be used by the Contractor to avoid damaging said equipment. If the Contractor, while in the performance of his contract duties, damages or causes to be damaged any of the aforementioned traffic counting equipment or appurtenances, he shall bear the entire cost for the restoration, repair, inspection, testing and replacement of said damaged equipment. 13. DISPOSAL OF DEBRIS & TEMPORARY TRANSFER SITES 13.1 Disposal of Debris: 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 contractor shall list (and keep updated) the landfill site to be utilized on the vendor list. 13.2 Transfer Sites: Contractor shall provide for any transfer site suitable for temporary dumping of sweepers at no extra charge to City. Contractor shall obtain written approval of both the landlord and the City for use of land within City boundary as transfer site. Contractor shall remove and dispose of all sweeping debris at least after every 5-day cycle. The Contractor shall list (and keep updated) the transfer sites) to be utilized on the vendor list. 13.3 Records: Contractor shall keep accurate records of the amount of debris removed per month. Measurement shall be taken in both tons and cubic yards. The City will utilize this information for reporting concerning its NPDES program. 13.4 Sample: At the request of the City, the Contractor shall provide a sample of the debris for testing. Testing shall be made at the City's expense. 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. 14.1 Complaints: The City shall receive and Process citizen complaints. CITY will notify CONTRACTOR of corrections and any re- sweeps required following complaints. Citizen complaints will be forwarded to the CONTRACTOR and the frequency of such complaints will be noted in any subsequent unsatisfactory reports which might 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. High visibility and/or unsafe conditions. Locations then will need to be swept immediately. 14.2 Failure to Perform: It is and will be impractical and diffioult to ascertain and determine the actual damage the City will sustain by reason of delay in performance; therefore, it is agreed that the Contractor shall forfeit and pay to the City the sum of $500.00 for each calendar day complefion is delayed beyond the time allowed, and such sum shall be deducted from any payments due or to become due the Contractor. It is also agreed that the 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 the Contractor and the City. Contractor will be granted an extension of time and will not be assessed liquidated damages for delays caused by acts of God. Special Provisions: 7 The 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. 14.3 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 Director of Public Works. This agreement shall be terminated 48 hours from and after the hour such notice is deposited in the United States mail in a sealed5. envelope properly addressed to CONTRACTOR and bearing the prepaid first Gass postage. CONTRACTOR shall keep on file with the Director of Public Works/City Engineer, CONTRACTOR's post office address and telephone number within CITY through which CONTRACTOR can be reached. In the event of the termination of this agreement for any breach of failure of performance on the part of CONTRACTOR, CONTRACTOR agrees to pay CITY upon demand, the amount of any damage or less sustained by CITY in the matter of street sweeping, including the re- advertising for and the letting of another contract therefor, for all interests in the CITY's cost of street sweeping incurred under such new contract and for all costs and attorneys fees incurred by 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 will require prior approval by the City. 14.4 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. Responses to residential re- sweeps shall be within twenty-four hours (24) after being notified by the City representative and are to be completed at the expense of the 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 will 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 Contractor. High profile arterial re- sweeps will be completed prior to 3:30 p.m. the same day the Contractor was noffted by City representative, when applicable. Contractor shall notify City representative when re- sweeps are completed so City staff may inspect and verify work. EXTRAORDINARY MAINTENANCE 15.1 Special Sweeps: 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 as per bid item and no additional compensation will be allowed. Street sweeper will temporarily postpone scheduled sweep and respond to special sweep locations 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 so as location may be inspected and verified for cleanliness. Special sweeps are to be completed during an agreed upon time. 15.2 Emergency Sweeps: Occasional sweeping required by Contractor to include non- hazardous spills, accident clean -ups and unusual conditions which would require after -hour, weekend and holiday responses. Response to emergency sweeps shall be within two (2) hours of notification by City. Contractor shall provide City with name and phone number of contact person for after -hour emergency sweeps. 15.3 Special Sweep Debris: Debris picked up on special sweeps (per hour sweeps) will be paid for as follows: Special Provisions: 8 a. Amounts of six yards or less for every two hours of sweeping, will be included in the dollars per hour cost. b. Amounts of more than six yards for every two hours of sweeping, will be paid for at rate equal to 25% of the per hour rate, per extra load. C. Notification: The Contractor shall contact the Director of Public Works or his representative regarding any extraordinary maintenance work and seek his prior approval before the work is scheduled. The Contractor shall notify the Director of Public Works by telephone at least four (4) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. d. Method of Payment: 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 bid schedule. (See invoice section 16.2.) 16. COMPENSATION FOR ROUTINE MAINTENANCE 16.1 Payment: Payment will be made on the basis of actual street curb miles swept times the amount bid per curb line mile. For parking lots, payment will be made on the basis of hourly times the amount bid per hour of sweeping. The City has provided estimation of all its centerline miles. The contractor shall provide a report verifying the actual amount of curb miles. In case of a discrepancy between the City and the Contractor about the amount of curb miles, the City shall make a determination from its digitally ortho rectified aerial photograph on its GIS system to determine the length of curb. 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 30 days of receipt of invoice. 16.2 Invoicing: Contractor shall submit an invoice monthly for weekly for service performed. Scheduled sweeping and special sweeps shall be submitted on separate invoices, mailed or delivered to: City of Seal Beach 2118' Street Seal beach, CA 90740 Invoice shall clearly state the following: ❑ Purchase Order Number ❑ Cost per Mile ❑ Total Invoice Cost ❑ Base Contract Mileage, Contract Date ❑ Added Contract Mileage, Contract Change Date o Federal Tax ID # ❑ Person who requested special sweeps (extraordinary maintenance only) 16.3 Adjustment of Payment: It is proposed that street sweeping services be provided for a Period of one (1) year. Contract may be extended by written mutual agreement on a year - to-year basis not to exceed an additional two (2) years. For the second and subsequent contract years the Contractor may petition the City for an increase in the hourly rates set forth in Attachment 1 on the basis of: (a) unusual changes in his cost of doing business, due to revised laws or regulations, over which the Contractor has no control; or (b) a yearly increase in the C.P.I. in excess of three percent over the preceding year. In order to justify an 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. Special Provisions: 9