HomeMy WebLinkAboutC-8637-1 - M/RSA for Street Sweeping ServicesMAINTENANCE/REPAIR SERVICES AGREEMENT
WITH JONSET CORPORATION DBA SUNSET PROPERTY SERVICES FOR
STREET SWEEPING SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 28th day of April, 2020 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and JONSET CORPORATION, a California corporation doing business as ("DBA")
SUNSET PROPERTY SERVICES ("Contractor"), whose address is 16251 Construction
Circle West, Irvine, California 92606, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 31, 2030, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Seven Hundred Seventy Five Thousand Dollars and 00/100
($775,000.00) per year, subject to the CPI adjustment allowed per year under this
Agreement, without prior written amendment to the Agreement. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Eight Million Eight Hundred Eighty Five
Thousand Dollars and 00/100 ($8,885,000.00) for the for the term of the Agreement,
without prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
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Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 3.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Andrea Howhannesian to
be its Project Manager. Contractor shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
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6. ADMINISTRATION
This Agreement will be administered by the Utilities. City's Utilities Manager or
designee shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
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property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Contractor on an independent contractor
basis and Contractor is not an agent or employee of City. The manner and means of
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conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
of Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
10.2 Contractor agrees and acknowledges that no individual performing Services
or Work pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least an average of twenty (20) hours per week for
one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be
a CalPERS member.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
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set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
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18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
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foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Andrea Howhannesian
Jonset Corporation dba Sunset Property Services
16251 Construction Circle West
Irvine, CA 92606
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
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26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
Jonset Corporation dba Sunset Property Services Page 10
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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[SIGNATURES ON NEXT PAGE]
Jonset Corporation dba Sunset Property Services Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY AT R EY'S OFFICE
Date: Z Z o Z v
y
Aaron C. Harp
City Attorney
ATTEST: f
��Date:
By: 0
W),�,
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Y/28 /2dz.o
By:
Will O'Neill
Mayor
CONTRACTOR: Jonset Corporation
dba Sunset Property Services, a
California
Date:—
B01OF
y:
Joh owh nesian
President
Date: ,f- 2 -7- 20 A,)
By:=y.:..�...._
Andrea Howhannesian
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
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EXHIBIT A
SCOPE OF SERVICES
I. DEFINITIONS
The following is an explanation of terms frequently referred to:
■ "City" - Refers to the City of Newport Beach.
■ "Project" - The provision of street sweeping services contracted under this
Agreement.
■ "Contractor" - Refers to the Jonset Corporation, a California corporation doing
business as Sunset Property Services.
■ "Contract" or "Agreement" — This agreement for services between the City and the
Contractor.
■ "Curb Mile" - The term "curb mile" shall equal 5,280 feet, be length, of street (curb
to curb) by the width of the sweeper (approximately eight feet) and is the
measurement used to determine compensation under this contract. Compensation
shall be as follows: a street one (1) linear mile long with: (Center medians will be
included in all curb miles and the contractor shall be responsible for making four
passes. Two outside and two inside.)
1) No medians would measure two (2) curb mile.
2) Painted median would measure three (3) curb miles
3) Raised/curbed medians would measure four (4) curb miles.
■ "Linear Mile" - the measurement of actual miles driven in order to satisfactorily
clean streets to the City standard, which may require multiple passes depending
on condition and width of street.
■ "Curb -to -Curb" - the area within curb limits of the street including medians,
intersections, and street ends.
■ "Holiday" - all days observed by the City as holidays including: New Year's Day,
Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day,
Labor Day, Veterans' Day, Thanksgiving (including the Friday after), Christmas
Eve, Christmas Day, New Year's Eve.
■ "Inclement Weather" - refers to the weather conditions that prohibit the effective
operation of sweeping operations.
■ "Debris" - refers to all litter, rubbish, leaves, sand, dirt, silt, garbage, and all other
foreign material, excluding hazardous materials, to be removed from paved streets
with a mechanical street sweeper.
Jonset Corporation dba Sunset Property Services Page A-1
■ "Street" - refers to all paved dedicated public rights -of -way within the existing or
future corporate limits of the City.
■ "Re -sweep" - sweep required when previous sweeps are deemed by the City to
be below standard/unacceptable or when a street or sections of a street are
missed during regularly scheduled operation. All costs for re -sweeps shall be
borne by the Contractor.
■ "Special Sweep" - sweep involving unusual conditions such as traffic hazards,
parades, special events, and similar events billed at an hourly rate including
travel time. Prior approval from Utilities Director, Utilities Manager or designee is
required.
■ "Sweeping Speed": sweeper operator must maintain a speed between five (5)
and seven (7) miles per hour while the sweeping broom is lowered in the
operating position. Optimal sweeping speed for a TYMCO is five (5) miles per
hour. A slower speed may be required under certain conditions where large
quantities of debris are present (i.e. sand, gravel, glass, heavy leaves, etc.)
Actual sweeping speed may vary depending upon conditions and locations.
II. SCOPE OF WORK
The work to be performed under this Agreement consists of providing street
sweeping services for the City, in pre -designated areas of the City, on City determined
schedules/routes, and at City selected hours of each day of the week. All work shall
comply with all other applicable air and water pollution prevention regulations, including
South Coast Air Quality Management District ("AQMD") Rules 1186 and 1186.1.
III. STREET SWEEPING EQUIPMENT
1. Equipment Quantity Requirements.
Quality and quantity of the equipment used by the Contractor for the sweeping of
the streets shall be sufficient to perform the work required herein within the hours
of work specified herein, and an absolute minimum of five (5) New Tymco
Conventional CNG Street Sweepers and one (1) back-up sweeper shall be
provided. Pick -Up Heads will include Broom Assist Head (BAH) function. Primary
sweepers shall have a regenerative air system and shall be used primarily, for the
City under this Agreement, as long as it does not affect the services or scheduled
routes for the City, as an exception if needed. The back-up sweeper shall be a
regenerative air street sweeper equivalent, with BAH functionality, AQMD Rule
1186.1 compliant, and shall be made available in case of breakdown of primary
sweeper(s). Regenerative air street sweepers shall be used for the posted
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.
Jonset Corporation dba Sunset Property Services Page A-2
2. Alternative Fuel Equipment.
City 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 AQMD Rule 1186.1. All proposals, documentation, and literature
shall be included with completed specifications and contract documents prior to
closing date and time.
3. Equipment Identification.
All street sweeping 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 Newport Beach
Street Sweeping — (949) 644-3011 "
City is to issue formal approval on the format and information used by Contractor.
The equipment identification on sweeper does not require the inclusion of the City
Seal. Unless expressly allowed by the City Council of the City, the official seal of
the City shall not be used by the Contractor.
4. Type and Capacity.
Arterial and residential sweepers must be capable of sweeping a minimum eight
(8) foot width as measured from the outside edge of the gutter broom in a single
pass along the curb. Street sweepers must have a maximum hopper capacity of
seven (7) cubic yards. All sweepers must be equipped with a right and left -gutter
broom for median work. Contractor is required to have vacuum/regenerative air or
combination vacuum/broom (BAH) type municipal sweepers available for this
Agreement. Alternative street sweepers 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 Tymco 600 regenerative air sweepers, and Tymco 600 regenerative air
sweeper with a broom -assisted head BAH and their equivalents.
All Street sweepers shall have operational directional traffic control devices
mounted on the rear of vehicle's hopper. Additionally, a 360 degree, LED light
safety beacon of comparable traffic safety light is required to be placed on roof of
truck cap or atop hopper. Sweeper equipment operators shall wear protective
clothing, equipment, and a current ANSI/ ISEA safety vest at all times.
Jonset Corporation dba Sunset Property Services Page A-3
5. 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 street 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.
The street sweepers or any relief sweeper used to perform this Contract work shall:
A. Be a standard full-size motorized sweeper.
B. Be a Tymco 600 regenerative air sweeper, or industry equivalent, with dual
gutter brooms, left and right.
C. Age of Equipment— 1) All sweepers shall be no more than two years old at
the start of the contract; and 2) new model 2020 street sweepers shall be
used within 6 months of route phase -in implementation.
D. Be maintained in top running condition, including arriving clean for each
daily schedule.
E. The Contractor shall allocate a minimum of one (1) relief sweeper to perform
the contract work in the event the primary street sweeper is unavailable.
F. The Contractor shall not be permitted to drain, washout, or clean hopper
into any gutter, storm drain, public street, alley or City owned parking lot.
The street sweepers or any relief sweeper shall be equipped with the following:
A. Amber/ LED dome lights.
B. DMV night traveling amber/LED side, rear, and top lights.
C. An on -board City water meter (provided at no -charge to the Contractor),
with pre -arranged times for reading and billings between the Contractor and
City Utilities Department. The Contractor shall include in their monthly billing
the amount of water used during that month for their sweeping operation.
(City water meter remains the property of the City throughout the term of
the contract and shall be returned to the City within ten (10) business days
of contract termination. City reserves the right to withhold payment of the
Contractor's final invoice until all water meters provided to Contractor are
returned to the City.)
D. Dual side gutter brooms having no less than 5-inch long bristles. Keep
Pick -Up head curtain functional.
Jonset Corporation dba Sunset Property Services Page A-4
E. A set of road trouble fluorescent triangles.
F. A mechanically attached sign on each street sweeper reading:
"Contracted to Serve the City of Newport Beach
Street Sweeping — (949) 644-3011 "
G. The Contractor is to provide the decal(s) for each of their Street Sweepers
assigned to the City and place one decal on the driver side and one on
passenger side doors. Contractor is to submit the decal for City review
and approval prior to attaching decals on sweeper.
H. The sweeper shall also be identifiable with the company name on each side
along with Contractor's office telephone number.
I. All street sweepers shall conform to the most current AQMD regulations.
J. Adequate water systems for dust control. The Contractor is required to
utilize water for all sweeping operations under this Contract. When using
water, all nozzles, depending upon conditions and as needed to mitigate
dust control, will be operational and in use.
K. Automatic vehicle location device (vehicle location and management
system [e.g., global positioning system]).
L. Every street sweeper shall have back-up camera(s) and collision avoidance
technology, or other technology for similar safety measures if available by
equipment manufacturer at the time of purchase. If after -market technology
safety equipment is to be used, Contractor shall get City approval for such
equipment, and the City shall reimburse Contractor for the purchase and
installation of the after -market safety equipment on City assigned street
sweepers.
M. Loss of Hydraulic Pressure — All street sweepers shall have the ability to
detect a drop in hydraulic oil loss pressure with an on -board automatic shut-
off device.
IV. GLOBAL POSITIONING EQUIPMENT AND SOFTWARE
The Contractor shall provide automatic vehicle location device (vehicle location
and management system [e.g., GPS]) on all street sweeper units, including
subcontractors. This device shall be placed on all sweeping equipment at the
Contractor's cost.
2. The Contractor shall provide associated software programs, which will report
all street sweeping activity. The associated software shall be provided at no
Jonset Corporation dba Sunset Property Services Page A-5
cost to the City including monthly monitoring charges. The Contractor shall
provide software and licensing for two work stations and all associated IT
services required to install, maintain, and update this software. Software shall
be capable of being operated on computers utilizing the Microsoft Windows 10
operating system as well as any newer version Microsoft Windows operating
system.
3. Software shall be capable of demonstrating real-time location, speed and path
of travel of equipment equipped with GPS systems. Software shall be capable
of recording and printing daily activity logs indicating actual miles traveled,
ground speed of equipment, the location of equipment at any given time and
any other information that is suitable for documenting actual work performed
by the Contractor under this agreement.
4. The Contractor shall provide adequate training on an annual basis for City staff
in the operation and use of this system and allow the City street sweeping
division employees access to log -in from City offices.
5. Should any device fail, or need repair, the Contractor shall immediately report
that the GPS is inoperative to City. If the Contractor's software or monitoring
website fails, the Contract Administrator shall immediately notify the
Contractor. The Contractor shall repair any non -operational portion of the
system within two (2) business days or liquidated damages may be deducted
from payments due the Contractor for each twenty-four (24) hour period, or
portions thereof, that the system is unavailable to the City. Should vendor or
web -based system related issues outside of Contractor's control occur, then
the Contractor shall notify City upon receiving notice from vendor about such
issues which may or may not result in the suspension of deductions.
6. The GPS equipment and web -based system or related software shall be
installed on Contractor's new TYMCO 600 Sweeper within 90 days of taking
ownership of said vehicle into Contractor fleet. Contractor is responsible for all
costs associated with the purchase and installation of the GPS equipment and
web -based system or related software onto the TYMCO 600 sweepers. During
the phase -in period of the five City street sweeping routes, Contractor shall
equip any assigned non -new Street Sweepers with GPS equipment and web -
based system or related software prior to commencement of a new street
sweeping route.
V. STREET SWEEPING SPEED
Street sweepers shall, depending upon conditions, be operated at speeds between
five (5) and (7) seven miles per hour as will be indicated on tachograph or Global
Positioning System charts, covered hereinafter. Reviews by the City shall be made of all
tachograph or Global Positioning System charts to check sweeping start — stop times,
miles swept, and sweeping speeds. If at any time the City determines that sweeping
Jonset Corporation dba Sunset Property Services Page A-6
speed has exceeded seven (7) miles per hour, the Contract Administrator may require
the Contractor to re -sweep any part of, or the entire sweeping route in question at no
additional cost to the City. The only exception to the above street sweeping speed
condition is that no more than ten (10) miles per hour is allowed on arterial highways with
center medians.
Contractor may operate the street sweeper between 10 to 13 miles per hour on
the following major arterial segments, including medians, within City limits:
1. Coast Highway;
2. Jamboree Avenue;
3. MacArthur Avenue;
4. Newport Coast Drive; and
5. San Joaquin Hills Road.
VI. EQUIPMENT MALFUNCTIONS
The equipment operator shall immediately stop in the event of equipment spillage
such as a spillage of gasoline, diesel, motor oil, engine coolant, or hydraulic oil. Street
Sweeper operator/ driver shall carry equipment and materials necessary, (with the
exception of kitty litter products), to properly dispose of spilled material such that it does
not reach the storm water system. A call for assistance must be made and the area
cleaned within three hours. Failure to affect a proper cleanup will result in the City
responding with City personnel and equipment and/or contractors for hazardous materials
handling. Any and all cleanup costs created as a result of action(s) by a third -party will be
borne by the City. On the day of any spill due to street sweeper malfunction, the street
sweeper operator is to pressure wash and recover (i.e. vacuum water used) the area of
the spill.
VII. WORKING HOURS
All sweeping activities shall be completed by 2:00 P.M., Monday through Friday
unless the Utilities Department Manager gives prior approval. Typically sweeping occurs
no earlier than 4:00 A.M., except in designated areas in which sweeping begins at 3:00
A.M.
VIII. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest maintenance standard.
Standards, schedules, and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the sites. Due to different street
widths throughout the City, street sweeping may require slower travel speed and/or
multiple passes by the sweeper, in many cases, to ensure curb -to -curb coverage of the
Jonset Corporation dba Sunset Property Services Page A-7
street. Streets with raised medians (commercial and residential) shall have their curb -
gutter perimeter swept, including turnouts and dead zones. Street -grade striped medians
shall be swept in their entirety. All deposits within intersections shall be removed as part
of the sweeping operations. Each street shall be swept clean to the adjacent property
line. Swept clean means minimal debris residual or tailings. Any sweeper used must not
blow debris onto private property nor drain water onto the street from the rear hopper.
Sweeper shall travel with the direction of traffic at all times.
A significant number of City streets are posted no parking for street sweeping
during designated hours on various days of the week. It is imperative that the Contractor
maintain a firm schedule for sweeping posted streets, as the Contractor is required to
coordinate sweeping operations with Parking Control Officers ("PCO") from the Newport
Beach Police Department. In regards to routes with a PCO, the street sweeper operator
should make their best effort to stay behind the ticketing PCO; however, in the cases
where the PCO stops their vehicle to issue a parking citation, the street sweeper may
continue on with the designated route and the PCO will catch up to the street sweeper.
The Contractor is required to sweep parking lots, including the City Utilities and
Corporation Yards. Contractor is responsible for sweeping everything that is open and
allows safe driving around parked vehicles. Contractor shall be required to push out
corners and around parking bumpers with a broom or electric blower so the sweeper can
sweep the debris.
An acceptable alternative to hand sweeping, for locations such as street ends and
portions of parking lots, will be considered. Any alternative must be approved by the
Utilities Manager.
The Contractor is required to correct deficiencies within the time specified by the
City. Re -sweeps of the deficient area will not be billed to the City. If noted deficient work
has not been completed, payment for subject deficiency shall be withheld for current
billing period and shall continue to be withheld until deficiency is corrected, without right
to retroactive payments.
Non -Sweeping for Inclement Weather. Non -sweeping days due to a City Holiday
or if City requests Contractor not to sweep on a regularly scheduled street sweeping day,
are not to be deducted from the monthly invoice. Following inclement weather, Contractor
crews will spend additional time to handle the excessive debris and associated costs
caused by a change in the weather. Contractor would issue a credit of 50% for service(s)
that are cancelled due to inclement weather, i.e. rain, excessive wind, etc.
If, in the judgment of the City, the level of maintenance is less than that specified
herein (including but not limited to: excessive speed leading to insufficient cleaning of the
streets and gutters, not using water creating dust, worn out pick-up head skirts blowing
dust, our of adjustment/worn out BAH brooms, etc.), the City shall, at its option, in addition
to or in lieu of other remedies provided herein, withhold appropriate payment from the
Contractor until services are rendered in accordance with specifications set forth within
this document and providing no other arrangements have been made between the
Jonset Corporation dba Sunset Property Services Page A-8
Contractor and the City. Failure to notify of a change and/or failure to perform an item or
work on a scheduled day may result in deduction of payment for that date or week.
Payment will be retained for work not performed until such time as the work is performed
to City standard.
Liquidated Damages and Deductions. Citywide street sweeping services require
a high level of dependable, reliable and comprehensive service throughout the City of
Newport Beach. Should the Contractor perform these services at an unsatisfactory level
or not at all, then the City will impose liquidated damages or invoice deductions for non-
performance and/or not meeting the maintenance of effort required to perform the scope
of services under the contract. Contractor acknowledges that the actual damages likely
to result from a breach of this Agreement are difficult to ascertain on the date this
Agreement was entered into and may be difficult for the City to prove in the event of a
breach. Therefore the Contractor and the City intend that the payment of liquidated
damages, as described below, would serve to reasonably compensate the City for the
City's actual damages sustained, and not as a penalty, due to any breach described below
by Contractor of its obligations under this Agreement and the Contractor agrees to pay
this amount to the City for each incident of material breach, as described below, of this
Agreement.
The following list of items may result in the imposition of liquidated damages or
invoice deductions after the third (3rd) violation within three-month non -rolling period. For
the first violation, the City shall notify Contractor by informal email to the Contractor
Project Administrator and for the second (2nd) violation, the City shall send a formal letter
to the Contractor informing them of the violation and the next one shall be subject to
liquidated damages and/or invoice deductions.
The imposition of any liquidated damages and/or deductions shall be suspended
for the first six months (the "grace period") from the date Contractor starts to sweep Route
1. For any new route that is phased -in after the six-month "grace" period, liquidated
damages or deductions shall be suspended for sixty (60) days.
Performance Failure
Liquidated Damages to be
Paid to City by Contractor
GPS Technology Failure
On the 3rd violation of a quarter,
$100/ er day
Excessive Speeding during
Speed % over allowed speed
Sweeping Operations (i.e.
equals % deducted from daily
Brooms down)
route cost
Failure to Sweep Route
Deduction of actual daily route
cost, plus 10% per route day
Sweeper Equipment Failure
On the 3rd violation of a quarter,
10% deduction per Equipment
route da
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IX. SCHEDULES
1. Phased Implementation.
A. The sweeping operations shall be implemented utilizing a phased -in route
approach in which Contractor shall assume incremental responsibility of
sweeping areas of the city over the course of approximately five (5) months.
The City shall only pay for the phase(s) or "routes" actually assigned to and
being swept by the Contractor.
B. A phase -in timeframe of thirty (30) days for each new street sweeping route
shall be implemented. The phase -in timeframe may be accelerated (i.e. less
than 30 days), or extended if necessary, upon mutual agreement of the City
and Contractor.
C. Existing contractor shall remain responsible for areas of the city that are not
specifically assigned to new contract staff until notified by the Utilities
Manager.
2. Annual Schedule.
A. The City shall provide the Contractor an annual schedule indicating the time
frames when items of work shall be accomplished per the performance
requirements.
B. The Contractor shall complete the schedule for each functional area in a
manner that shall correspond to the weekly schedule.
3. Monthly Schedule.
A. Monthly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by
day of the week and by morning and afternoon. These schedule forms shall
be based on the street sweeping route and turn -by -turn schedule the City
provides the Contractor.
B. The Contractor shall complete the schedule for each item of work and each
area of work.
C. The Contractor shall only adjust its schedule to compensate for all holidays
and rainy days with approval of the Utilities Manager.
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X. RECORDS AND SCHEDULE
The Contractor shall keep accurate records concerning all of its employees or
agents and provide the City with names and telephone numbers of emergency contact
employees.
The Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Utilities Manager. This report should
also contain a description of work performed, including man-hours, equipment, and any
additional work, which the contractor deems to be beyond the scope of the contract.
Payment for this work will not be authorized unless the additional work and the costs
thereof are first approved by the City. A phone log shall be submitted monthly of all calls
from the City of Newport Beach Utilities Department and the City of Newport Beach Police
Department to the Contractor, whether or not those calls require a request for service,
and a description of the action taken from the City call.
The Contractor shall permit the City to inspect and audit its books and records
regarding City -provided services at any reasonable time.
XI. WATER
The Contractor shall be issued water meter(s), which must be utilized when filling
equipment from City fire hydrants. The City shall pay for the City water used by the
Contractor during street sweeping operations. Contractor shall return all city water meters
provided within ten (10) working days of contract termination, or the City reserves the
right to withhold the final monthly invoice payment until all water meters are returned to
the City.
XII. DISPOSAL
Sweeping debris shall be disposed of at the Public Works Municipal Operations
Corporation Yard. The City shall be responsible for disposal fees.
XIII. EMERGENCY SERVICES
The Contractor shall provide the City with names and telephone numbers of at
least two qualified persons who can be called by City representatives when emergency
maintenance conditions occur during hours when the Contractor's normal work force is
not present in the City. These Contractor representatives shall respond to said emergency
within thirty (30) minutes from receiving notification.
XIV. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working hours. During
all other times, a telephone answering service shall be utilized and the answering service
shall be capable of contacting the Contractor by radio or cell phone. Contractor shall have
Jonset Corporation dba Sunset Property Services Page A-11
a maximum response time of thirty (30) minutes to all emergencies. The on -site storage
of equipment used exclusively for providing service within the City shall be permitted.
Contractor shall have full responsibility for maintaining an office and a yard.
All Contractor employees assigned to work for the City under this contract shall be
able to read, write and speak in fluent English.
XV. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Newport Beach Utilities
Department. There shall be a minimum of one monthly meeting with the Contractor and
the City representative to determine progress and to establish areas needing attention. A
status report of activities performed and maintenance issues addressed by the Contractor
shall be submitted in writing to the City on a weekly basis.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor and if not
corrected, payment to the Contractor shall not be made until condition is corrected in a
satisfactory manner as set forth in the specifications.
Contractor Supervisor shall follow the street sweeper operator for quality control
and assurance to ensure sweeper meets the requirements and standards of the City. The
Contractor Supervisor or designee shall also roam throughout the City by vehicle for at
least four (4) hours of each sweeping day, once all five City sweeping routes are phased -
in and become responsibility of Contractor, if needed.
XVI. CORRESPONDENCE
All correspondence shall be addressed as required under Section 24 of the
Agreement.
XVII. SPECIFICATIONS
This Scope of Services is intended to cover all labor, material and standards of
workmanship to be employed in the work called for in this work plan or reasonably implied
by terms of same. Work or materials of a minor nature which may not be specifically
mentioned, but which may be reasonably assumed as necessary for the completion of
this work, shall be performed by the Contractor as if described in the specifications.
XVIII. MEET AND CONFER
After the second year of the contract term, if the demonstrable costs for insurance,
environmental compliance, equipment, fuel, or labor costs due to new laws, cause an
increase in the overall operating costs of Contractor's operation dedicated to this contract
in excess of ten percent (10%) over the previous year, Contractor may request that the
parties agree to meet and confer over the increases with the aim of providing Contractor
with an adjustment that will realize the parties' reasonable expectations in contracting.
Jonset Corporation dba Sunset Property Services Page A-12
For purposes of this paragraph, the burden shall be on the Contractor to establish with
proof the baseline of operation, the increase in operating costs, and how the parties could
not reasonably have anticipated the increase in operating costs. The "meet and confer"
between the parties does not guarantee any amendment to this Agreement.
Jonset Corporation dba Sunset Property Services Page A-13
ATTACHMENT A: DETAILED MAPS
Jonset Corporation dba Sunset Property Services Page A-14
A' Street Sweeping Route 1
City of Newport Beach
December 12, 2019
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Wednesday 4:30 A.M.
Thursday 4:30 A.M.
Friday 4:30 A.M.
Monday & Friday 4:30 A.M.
Monday & Wednesday 4:30 A.M.
Monday, Wednesday & Friday 4:30 A.M.
Monday through Friday (Daily) 4:30 A.M.
Monday - 28.3 miles
Tuesday - 24.9 miles
Wednesday - 26.5 miles
Thursday 21.6 miles
Friday - 29.3 miles
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Wednesday 4:30 A.M.
Thursday 3:00 A.M.
Friday 3:00 A.M.
Monday & Friday 4:30 A.M.
Monday & Wednesday 4:30 A.M.
Monday, Wednesday & Friday 4:30 A.M.
Monday through Friday (Daily) 4:30 A.M.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Daily Route Cost*
Weekly Route
Monthly Route
ROUTE
Cost
Cost*
(Weekly Sweeps)
(Weekly Sweeps)
(Weekly
Sweeps)
Route 1 (130.60 curb miles)
$ 513.78
$ 2,568.90
$ 11,131.90
Route 2 (153.30 curb miles)
$ 603.08
_$ 3,015.41
$ 13,066.78
Route 3 (102.75 curb miles)
$ 505.27
$ 2,021.09
$ 8,758.06
Route 4 (145.70 curb miles)
_$ 573.18
$ 2,865.92
$ 12,418.99
Route 5 (187.50 curb miles)
$ 737.63
$ 3,688.13
$ 15,981.90
Total Annual Cost
$736,291.40
Annual Per Curb Mile
Cost
$ 19.67
(Total Annual Cost/720 Curb
miles)
*Averages
WORK DESCRIPTION
Hourly Regular Rate
Normal Work Day
Curb mile for additional scheduled
sweeps (i.e. annexation)
$ 130.00
Curb mile for additional special
sweeps (i.e. event, emergency)
130.00
Hourly Overtime (Holidays
Weekends, and After 4:30pm Monday)
— Friday)
185.00
185.00
Jonset Corporation dba Sunset Property Services Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Jonset Corporation dba Sunset Property Services Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
Jonset Corporation dba Sunset Property Services Page C-2
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Jonset Corporation dba Sunset Property Services Page C-3
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Jonset Corporation dba Sunset Property Services Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Jonset Corporation dba Sunset Property Services Page D-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Jonset Corporation dba Sunset Property Services Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Jonset Corporation dba Sunset Property Services Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
rate of $
, being at the
thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Jonset Corporation dba Sunset Property Services Page E-1
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Jonset Corporation dba Sunset Property Services Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Jonset Corporation dba Sunset Property Services Page E-3
Mulvey, Jennifer
Subject: FW: Compliance Alert -Vendor Number FV00000038
-----Original Message -----
From: Customer Service <customerservice@ebix.com>
Sent: Tuesday, June 09, 2020 4:51 PM
To: Rosenbaum, Joshua<jrose nbaum@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov>
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000038
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non -compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000038 Jonset Corporation dba Sunset Property Services
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.