HomeMy WebLinkAboutC-3658 - Contractor Agreement for Alley Sweeping10
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CITY OF NEWPORT BEACH
ALLEY SWEEPING
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this 9th day of September of 2008, by and
between the City of Newport Beach, a Municipal Corporation and Charter City
( "City"), and, Jonset Corporations, a California Corporation doing business as
( "DBA ") Sunset Property Services located at 16251 Construction Cir W, Irvine,
CA 92606 ( "Contractor "), is made with reference to the following Recitals:
RECITALS
WHEREAS, the City desires to obtain contract services for the sweeping of
approximately 33 miles of City alleyways.
WHEREAS, on June 10, 2008 a Request for Proposals (RFP) requesting
proposals for the sweeping of City alleyways was mailed to firms.
WHEREAS, Jonset Corporations ( "Contractor") has been deemed to be the
most qualified to perform the work out of those firms which responded to the RFP.
WHEREAS, the Contractor desires to enter into an Agreement to provide
services to the City and acknowledges that the City has relied upon its
representations and commits to faithfully perform the services required by this
Agreement and in accordance with the terms and conditions of this Agreement.
WHEREAS, the Contractor has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common
nature and frequency of work to be performed, is familiar with all conditions
relevant to the performance of services and has committed to perform all work
required for the price specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
1. TERM
Unless earlier terminated in accordance with Section 20 of this Agreement,
the Term of this Agreement shall be for a period of two (2) years. The term shall
commence on September 15, 2008, after City Council approval of this
Agreement, and upon receipt and approval of all required insurance. The term of
this Agreement shall automatically be extended for three (3) additional one (1)
year terms (automatic extensions) with the extensions to automatically
commence upon the expiration of the initial term or any extended term, unless
the City notifies Contractor in writing at least thirty (30) days before the end of the
initial term or any extended term, of its intent to terminate this Agreement at the
conclusion of the initial term or any extension. Time is of the essence in the
performance of services under this Agreement.
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2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict
compliance with the Scope of Work ( "Contract Services ") as described in the RFP
and the Contractor's proposal. The Contract Services shall be performed at least
as frequently as specified in the RFP and Contractor's proposal. City shall have
the right to alter frequency of maintenance as necessary to ensure highest
industry standards of maintenance. Proposal Unit Prices and Total Annual Costs
are contained in Exhibits A and B. All of the Exhibits are considered to be a part
of, and are incorporated into, this Agreement.
3. WORKMANSHIP. SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally
documented.
B. All Contract Services shall be performed by competent and experienced
employees. Contractor shall be responsible for compliance with all local,
state, and federal laws and regulations. Contractor shall employ or retain,
at its sole cost and expense, all professional and technical personnel
necessary to properly perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. The supervisor assigned must be
identified by name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Operations Support
Superintendent when performing Contract Services. All Contractor
personnel shall wear identification badges or patches. Those contract
employees working in or adjacent to traffic zones shall wear orange vests.
Employees shall not remove any portion of their uniform while working
within the City. Employees driving the Contractor's vehicles shall at all
times possess and carry a valid Commercial Drivers license issued by the
State of California. If the Contract Administrator determines that any
person employed by the Contractor has failed or refused to carry out the
terms of this Agreement, appears to be incompetent, acts in a disorderly,
improper, or unsafe manner, or shows signs of intoxication or other
impairment, instead of initiating termination for breach, the Contract
Administrator may notify Contractor, who shall take immediate remedial
action, which may include removing the employee from the job site. Prior
to returning a removed employee to work within the City, the Contractor
shall provide in writing the reason for the individual's behavior and the
means used to prevent this behavior from occurring again. In no event
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shall Contractor fail to prevent, prohibit, or resolve problems with its
employees working after receiving notice of same from the City. Violation
of this section by Contractor shall be a material breach of this Agreement
and may result in the City terminating the Agreement or temporarily
suspending services hereunder, with Contractor being liable for any
resulting costs incurred by the City. No action to terminate or suspend
shall be taken by City until after Contractor is provided notice and afforded
an opportunity to respond or refute the allegations, except that the
Contract Administrator may immediately suspend services hereunder if he
finds such action reasonably appropriate to protect the public safety,
health or welfare.
E. All work shall be performed in accordance with the highest maintenance
standards.
F. Complaints received by the City regarding the Contractor's performance
will be transmitted to the Contractor's office in writing, by telephone or
facsimile, and handled by the Contractor's Supervisor. All complaints are
to receive a follow -up response within twenty -four (24) hours following
notification of the Contractor. A report of the Contractor's investigation and
the corrective action taken shall be made promptly by the Contractor to
the Contract Officer. Repeat complaints may be handled by a joint visit to
the site by a City Inspector and the Contractor's Supervisor. Complaints
received directly by the Contractor shall be submitted in writing to the City
on the day such complaints are received. Contractor shall maintain a log
of complaints received and corrective actions implemented which shall be
submitted to the City within ten (10) days following the end of the month.
G. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards (mowers, etc.). All
vehicles shall bear the identification of the Contractor and clearly post
"Serving the City of Newport Beach:" All vehicles used to perform work
under this Agreement shall remain exempt from AQMD Rule 1186.1.
If Contractor proposed to use non - alternative fuel sweepers in its
response to the request for proposal, the Contractor shall only use non -
alternative fuel sweepers that are under 14,000 GVW, and therefore
exempt from AQMD Rule 1186.1 in performing the work.
H. Contractor shall provide a manager to coordinate work with the City
Administrator and ensure satisfactory performance of Contract Services.
The manager shall coordinate work crews on a daily basis to ensure
compliance with the terms of this Agreement.
I. Work within the City by utility and construction companies may be
progressing concurrently with the work under this Agreement. It is the
responsibility of the Contractor to be informed of work planned by these
parties and to coordinate street sweeping work accordingly.
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J. The Contractor warrants that it has familiarized itself with all City's streets
and curbs at the time of commencement of this Agreement. Contractor is
also familiar with all existing installations, both public and private, in the
area where services shall be performed under this Agreement. Contractor
shall provide adequate safeguards to prevent damage to existing
structures and improvements. Structures or improvements of any kind,
whether public or private, which are removed, damaged or destroyed in
the course of work shall be replaced and /or repaired, at the Contractor's
expense, to the original condition and to the satisfaction of the City.
Failure to have such damages repaired in a timely manner will result in the
City deducting from the Contractor's payment the cost to perform the
necessary remedial work.
K. The Contractor shall at all times use good sweeping practices as dictated
by standards within the sweeping industry and will make adjustments to its
equipment as necessary. The Contractor must exercise due care so as to
prevent spilling, scattering, or dropping of debris during the sweeping
activity and shall immediately clean up any such spillage, dropping, or
scattering. Sweeping practices include, but are not limited to the
following: (1) Sweeping speed shall be adjusted to street conditions with a
maximum speed of six (6) miles per hour; and (2) patterned concrete
medians, intersections, and crosswalks shall be swept at a maximum
speed of three (3) miles per hour. The Contract Officer may require the
installation of sweeping speed monitoring devices to record actual vehicle
speed during sweeping. Sweepers shall be operated as close to parked
cars or other obstacles as safety allows.
L. The City may use a Parking Control Officer to cite vehicles for parking
during street sweeping hours. The Contractor shall coordinate sweeping
activities with the Parking Control Officer. All costs for coordination are
the responsibility of the Contractor, and no additional compensation will be
allowed.
M. The City may at various times and locations 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, the Contractor shall bear the entire cost for
the restoration, repair, inspection, testing or replacement of said damaged
equipment.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $82,482 year in 12 equal installments.
Contractor shall submit invoices to City on a monthly basis. City shall pay invoices
within thirty (30) days after receipt by the City. Payment shall be deemed made
when deposited in the United States mail, first class postage pre -paid, and
addressed to Contractor as specified in Section entitled "Notices ".
Upon the first anniversary of the Commencement Date and upon each
anniversary of the Commencement Date thereafter, the Rate to be paid by the City
as set forth in Exhibit A shall be adjusted in proportion to changes in the
Consumer Price Index, subject to the 3.0% maximum adjustment increase set
forth below. Such adjustment shall be made by multiplying the original Rate by a
fraction, the numerator of which is the value of the 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 one (1) year prior. For
example, if the adjustment is to occur effective June 1, 2009, the index to be used
for the numerator is the index for the month of March 2009 and the index to be
used for the denominator is March 2008. The "Consumer Price Index" to be used
in such calculation is the Consumer Price Index, All Urban Consumers (All Items)
for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United
States Department of Labor, Bureau of. Labor Statistics (1982 84 = 100). 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 Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made in
proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the
Rate in effect immediately preceding such adjustment.
5. INDEPENDENT CONTRACTOR
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
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. 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 or to exercise a
measure of control over Contractor shall mean only that Contractor shall follow the
desires of City with respect to the.
6. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent
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or hidden, at the commencement of, or at any time during the term of the
Agreement.
7. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents 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, attorney's
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 work performed or services provided under this
Agreement (including, without limitation, defects in workmanship and /or materials) or
Contractor's presence or activities conducted performing the work (including the
negligent and /or willful acts, errors and /or omissions of Contractor, its principals,
officers, agents, employees, vendors, suppliers, Contractors, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable or
any or all of them).
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 attorney's 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 the
Contractor.
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, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification of
insurance shall be kept on file with City's at all times during the term of this
Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. 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
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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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her employees
in accordance with the laws of the State of California; however, in no event shall the
Employer's Liability Insurance be less than one million dollars ($1,000,000) per
occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers, agents, employees
and volunteers for losses arising from work performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than two million dollars ($2,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the
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 vehicles,
in an amount not less than two million dollars ($2,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability, employer's liability and automobile
liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insured's with respect to liability arising out
of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers as respects
to all claims, losses, or liability arising directly or indirectly from the Contractor's
operations or services provided to City. Any insurance maintained by City, including
any self- insured retention City may have, shall be considered excess insurance only
and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability
of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
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V. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its elected or appointed officers, officials, employees,
agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after thirty (30)
calendar days (10 calendar days written notice of non - payment of premium) written
notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
G. Additional 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.
9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
10. RECORDS /REPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
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D. The Contractor is required to keep a daily log of all streets swept,
including the name and location of the streets and the number of curb -
miles swept, along with a description of any special services performed.
The log shall be signed by the Supervisor on a daily basis. Each month, a
report shall be prepared from the daily log, giving a brief description of all
routine, special event, and emergency activities. The log report shall be
attached to the monthly invoice submitted to the Contract Officer, A
phone log will be submitted monthly of all calls from the City of Newport
Beach General Services 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.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records. Contractor shall
maintain and allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
11, ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
12, INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional /emergency services as requested by
the Administrator. The Administrator may give verbal authorization for
additional /emergency services, prior to performance of the work, up to
One Thousand Dollars ($1,000.00). Contractor must obtain written
authorization from the City Administrator prior to the performance of any
additional /emergency services that exceed One Thousand Dollars
($1,000.00). Additional services, may be billed in accordance with the per
mile unit cost proposed by the Contractor Exhibit C.
B. City reserves the right to withdraw certain locations from the Scope of
Work to be performed by Contractor pursuant to this Agreement. City shall
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notify Contractor in writing of its intent to do so at least thirty (30) days
prior to the effective date of withdrawal of any location. In the event a
location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the Contractor's unit costs
specified in Exhibit C. In the event the location is withdrawn for a period of
less than a full two (2) year term, Contractor's compensation shall be
reduced on a prorated basis.
13. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra
work which Contractor may be required to do, or respecting any payment to
Contractor during the performance of the Agreement, such dispute shall be
decided by the City Manager and his decision shall be final and binding upon
Contractor and his sureties.
14. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for expenses unless authorized in writing by
City Administrator.
15. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
B. 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 notice to City, including all
relevant information.
C. This agreement shall be paid in accordance Section 1770 of the California
State Labor Code and in accordance with the terms of the Southern
California Master Labor Agreement, which has established a prevailing
rate of per diem wages to be paid in the performance of this agreement.
The Director of Industrial Relations has ascertained the general prevailing
rate of per diem wages in the locality in which the work is to be performed
for each craft, classification, or type of workman or mechanic needed to
execute the contract. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703 -4774, and requesting one
from the Department of Industrial Relations. All parties to the contract
shall be governed by all provisions of the California Labor Code Relating
to prevailing wage rates (Sections 1770 -7981 inclusive).
16. NONDISCRIMINATION BY CONTRACTOR
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Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment
based on race, religion, color, sex, handicap, national origin, or other basis that
violates the federal or state constitution or federal or state law. Contractor's
obligation not to discriminate shall apply, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising,
layoff, termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the work.
18.CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
19. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or
on the second business day after the deposit thereof in the United States mail,
postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
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20. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this Agreement or authorized by law, terminate this Agreement by giving
written notice of termination.
B. This agreement may be terminated without cause by City upon thirty (30)
days written notice. Upon termination, City shall pay to Contractor that
portion of compensation specified in the Agreement that is earned and
unpaid prior to the effective date of termination. The Contractor may only
terminate the Agreement in the event of nonpayment by the City. In the
event of nonpayment of undisputed sums by the City, Contractor shall give
the City thirty (30) days written notice thereof and the City shall have
fifteen (15) working days to cure the alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the
City Administrator, the level of maintenance falls below appropriate
landscape or hardscape maintenance standards and /or Contractor fails to
satisfactorily perform contract services. City shall have the right to retain
funds withheld until the City Administrator determines that contract
services are performed as well and as frequently as required by this
Agreement.
21. COMPLIANCE WITH LAW
All services rendered hereunder by Contractor shall be provided in accordance
with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time
service is rendered.
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23. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance
of the services required by this Agreement, and shall indemnify, defend and hold
harmless City against any such fees, assessments, taxes penalties or interest
levied, assessed or imposed against City hereunder.
22. WAIVER
A waiver by City 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.
21INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the parties concerning the services to be provided
under this Agreement. All preliminary negotiations and agreements of whatsoever
kind or nature are merged in this Agreement. No verbal agreement or implied
covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and
Contractor.
25. 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,
26. 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.
27. 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.
28. 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
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the authorship of the Agreement or any other rule of construction which might
otherwise apply.
29. 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.
14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROV D AS TO FORM:
Aaron C. Harp, Asst. City Attorney
for the City of Newport Beach
ATTEST:
By: 0A"t' M-/
LaVonne Harkless,
City Clerk
W
CITY OF NEWPOR BE7ACH,
A Mu Mal Corbora ioa
Edward SeNcKi, Mayor
for the City of Newport Beach
CONSULTANT:
By:
(.C6rpora'e-Qfficer)
Title: PrP_t) i d ent -17-0
Print Name:Joho D. Hm hY noe-,-'-)i0fl
(Ff &ai- 8##fee�
Title: ��('YP�Q►�I � -I -7-(��
Print Name: (1� Y CY1E1'1 Dl�i hQ n11r'�I Q(�
e fjaees C'_t)nfm C✓t\---"' ned—
do 9 -iI-oE)
0 0
EXHIBIT A
CITY OF NEWPORT BEACH
Request for Proposal
Allay Sweeping
Attachment E. Proposal Form
July A, 2009
JOHN D. HOWHANNESIAN Date
PRESIDENT
SUNSET PROPERTY SERVICES
IR
Moaned 0 Fad
Bisset - -
Number of Sweeps per Year
24
24
LOCATIONS
Annual Cost per Location
Annual Cost per Location
Area I (Newport
HeightdDover Ana)
Ana 2 (Sams Ana River Jetty
to Superior Avon=)
Am 3 (Superior Avenue to
Newport Pier)
Am 4 (Newport Pier to Balboa
Pier)
Area 5 (Balboa WandfBalboo
Pia/BaTboa Peninsula)
Area 6 (Canna del Mar)
$ 5,097.39
$IS 179-03
S
$
$in 549
$
R
-.45
$18,179.03
$
S10,047.06 -
TadAnnud Cog
$92 482-01)
1 $
July A, 2009
JOHN D. HOWHANNESIAN Date
PRESIDENT
SUNSET PROPERTY SERVICES
IR
EXHIBIT B
CITY OF NEWPORT BEACH
Request for Proposal
All" sweeping
Attachment F: UrrltPrkes
A. The Contractor agrees that for roquesoed and/or required changes m the scone of
work, including additions and deletions on work not performed, the Contract Sum
shag be adjusted in accordsace with the tbllowing unit prig, where the City elects to
use this method in determining coats.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid proposal.
Unit prices listed below refer to all items installed and the Contraction Documents
and include all costs connected with such itcans; including but not limited to,
materials, labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be cbsrged
or credited for labor and materials to be provided regardless of the total number units
and/or amount of labor required for added or deleted items of wodr.
D. All work shall be performed in accordance with specifications described in the RFP.
Alley Sweeping S 95-on /mile of alley swept
17
JONSCOR -01 YLM
ACORD. CERTIFICATE OF LIABILITY INSURANCE `;1642008
PRODUCER License # OB23506 (868) 541.2900
Vanorsdale Insurance Services
4909 Murphy Canyon Road, Suite 510
San Diego, CA 92123
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
AL ItY R THE COVERAGE AFFORDED BT POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Jonset Corporation DBA: Sunset Property Services
16251 Construction Circle West
Irvine, CA 92606
INSURER A Hartford Underwriters Insurance Compan
LIMITS
INSURER B Hartford Casualty Insurance Company
X
INSURER C:SeaBri ht Insurance Company
20UUNND0240
INSl1RER D:
61112009
M15URER E:
5 11000100
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PART CLAIMS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of iJCWpDR Beech
JYPE OF INSURANCE
POLICY NUMBER
CY FFFECTNE
NCY EXPIRATION
LIMITS
A
X
GENERALLIAWLRY
X COMMERCIALGENERALUABILT'
CLAIMS MADE 1XI OCCUR
20UUNND0240
5/1/2088
61112009
EACH OCCURRENCE
5 11000100
PREMISES MIT oc rxw
S 500,
MEDEXP(Anye Pence)
1 tO,00
PERSONALSADVIIJUAY
$ 1,000,00
GENERAL AGGREGATE
S 2•000•
OENI.AWREGATE
X POLICY
LWIT APPLIES PER
Pte' LOC
PRODUCTS - COMP /OP AM
5 2,000•
A
X
AUTOMOBILE
X
X
X
UABLITI
ANY AUTO
ALL OWNEDAuTOS
SCHIiDUREOAUTOS
HIREDAUTOS
NON OWNEOAUIC9
20UUNND0240
511(2008
6/1!2009
COMBINED SINGLE LIMIT
(Ea accUeRp
S 1,006,
BODILY INJURY
(Tw Pmm)
S
HODLYINJURY
(Para )
S
PROPERTY DAMAGE
(Perx de,,Q
S
GARAGE LIABLfrY
ANY AUTO
AUfOONLY- EAACUDENT
S
OTHERTHAN EAACC
AUTO ONLY. AGG
S
S
B
EXCESSUMBRELLAUMNLITY
OCCUR F-1 CLAIMS MADE
DEDUCTIBLE
X RETENTION S 10,060
2ORHUND0627
6/1/2006
61112009
EACH OCCURRENCE
S 2•�•
S 2A00•
AGGREGATE
S
S
r
C
WDRKERSCOMPENSATKINAND
EMPLOYERS' LIAMUTY
ANY PROPRIETORIPARTNERJ ECUTNE
OWICERMFJnBER ENCLUDEM
HYeN, de tm MYILY
SPECIAL PROVISIONS Idea
B51081205
5H12008
61112009
X T ELATU- OTIL
E.l EACH ACCIDENT
S 1,000,
E.L DISEASE -EA EMPLOYE
S 1•�•
E.I. DISEASE - POLICY LIMIT
I S 1.000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED MY ENDORSEMENT I SPECIAL PROVISONS
See attached page.
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2001108) _ %/ ® ACORD CORPORATION 1966
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of iJCWpDR Beech
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN
General Services BDich
P.O. Box 1768
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO BO SIVILL
3300 Newport Boulevard
IMPOSE NO OBLIGATION OR LIABILNY OF ANY KIND UPON THE INSURER TIE AGUNM OR
Newport Beach, CA 92659-
REPRESENTATIVES.
AUT14ORIZED REPRESENTATIVE
Or7�.
ACORD 25 (2001108) _ %/ ® ACORD CORPORATION 1966
- - - - - - - - - -- -- - - - -- - - ------
JONSCORM YLM PAGE 1 0F1
DESCRIPTION OF OPERATIONS -
Jonset Corporation DBA: Sunset Property Services City of Newport Beach
16251 Construction Circle West General Services Director
Irvine, CA 92606 P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-
with permission of JRS Risk Services, LL.C.
t 10 days notice of cancellation for non - payment of premium.
f of Newport Beach, Its elected officials, officers, employees, agents and volunteers are named as additional insureds as
pacts General Liability per attached form CG20 29 11 95 and as respects Auto Liability per attached form CA20 46 02 99.
verege is primary and noncontributory as respects General Laibllity per attached pages from policy form HG 00101 06 05 and
respects Auto Liability per attached pages from policy form CA 0101 10 01. Separate of Insureds applies per attached pages
m policy form HG 00 0106 05. Waiver of subrogation applies to Workers Compensation per attached form WC 04 03 06 04 84.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
This endorsement forms a part of the Policy numbered below
Policy Number 20 UUN ND0240 + Named Insured
1 JONSET CORPORATION DBA
PROPERTY SERVICES _
Policy Change Effective Date Change No. jAgentorBroker
005 IJRS LLC / 2
CHANGE(S)
IN CONSIDERATION OF NO CHANGE IN PREMIUM, IT IS HEREBY AGREED AND UNDERSTOOD
THAT THE FOLLOWING FORMS ARE ADDED PER ATTACHED.
CA20480299 AND CG20261185
"ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.
THIS IS NOT A BILL."
Installment Premium Schedule
Due Dates
Prior to this change
Result of Change
*Revised
Installment
Additional
Return
$
$
$
$
Revised installments, if not shown on this endorsement, will be shown in the Declarations or on Form HM 99 01.
If Future Annual Installments, this excludes Automobile Premium.
This endorsement does not change the policy except as shown.
Policy Expiration Date //
05Z01/09 Countersigned by Qy7 l/Le
(Where required by law) Auth ' e epresentative Date
Form HM 12 01 01 07
•
POLICY NUMBER: 20 UUN ND0240
0
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS
GENERAL SERVICES DIRECTOR
CITY OF NEWPORT BEACH
P.O. BOX 1768
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92659
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the Schedule
as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you.
CG 20 26 111 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
0
POLICY NUMBER: 20 UUN ND0240
0
COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of
the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated
below.
Endorsement effective
09/17/08
Named Insured
Countersigned by
JON56T CORPORATION UBA
(Authorized Representative)
SCHEDULE
'TREeC71'Y�OR1°�EA�H; nTTS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTTERS
GENERAL SERVICES DIRECTOR, CITY OF NEWPORT BEACH
P.O. BOX 1768, 3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92659
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown In the Schedule is an "Insured" for Liability Coverage, but only to the extent that
person or organization qualifies as an insured" under the Who Is An Insured Provision contained in Section 11 of the
Coverage Form.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 11 of 1
that are In excess of the applicable limit of insurance.
1 An agreed settlement. means a settlement and release
of liability signed by us, the insured and the claimant or
the claimant's legal representative.
4. Other insurance
If other valid and collectible insurance is available to
the insured for a loss we cover under Coverages A or
B of this Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b. below
applies. If other insurance is also primary, we will
share with all that other insurance by the method
described in c. below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess, contingent or
on any other basis:
(1) Your Work
That is Fire, Fidended Coverage, Builder's Risk,
Installation Risk or sirrular coverage for "your
work ",
(2) Premises Rented To You
That is fire, lightning or explosion insurance for
premises rented to you or temporarily occupied
by you with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover
your liability as a tenant for "property damage"
to premises rented to you or temporarily
occupied by you with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use
of aircraft, "autos" or watercraft to the extent not
subject to Exclusion g. of Section I — Coverage
A — Bodily Injury And Property Damage Liability;
(5) Property Damage to Borrowed Equipment Or
Use Of Elevators
If the loss arises out of "property damage" to
borrowed equipment or the use of elevators to
the extent not subject to Exclusion j. of Section I
- Coverage A - Bodily Injury And Property
Damage Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you covering
liability for damages arising out of the premises
or operations, or products and completed
operations, for which you have been added as
an additional insured by that insurance; or
0
X(7) When You Add Others As An Additional
Insured To This Insurance
Any other insurance available to an additional
insured.
However, the following provisions apply to other
insurance available to any person or
organization who is an additional insured under
this coverage part.
(a) Primary Insurance When Required By
Contract
This insurance is primary if you have agreed
in a written contract or written agreement
that this insurance be primary. If other
insurance is also primary, we will share with
all that other insurance by the method
described in c. below.
(b) Primary And Non - Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract,
written agreement, or permit that this
insurance is primary and non - contributory
with the additional insured's own insurance,
this insurance is primary and we will not
seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other
insurance to which the additional insured has
been added as an additional insured.
When this insurance is excess, via will have no
duty under Coverages A or B to defend the insured
against any "suit" if any other insurer has a duty to
defend the insured against that "suit ". If no other
insurer defends, we will undertake to do so, but we
will be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the amount
of the loss, if any, that exceeds the sum of.,
(1) The total amount that all such other insurance
would pay for the loss in the absence of this
insurance; and
(2) The total of all deductible and self - insured
amounts under all that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described In this Excess
Insurance provision and was not bought specifically
to apply in excess of the Limits of Insurance shown
in the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other Insurance permits contribution by
equal shares, we will followthis method also. Under
this approach each insurer contributes equal
amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever
comes first.
Page 14 of 18 HO 00 01106 05
If any of the other insurance does not permit
contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance
of all insurers.
S. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance
premium is a deposit premium only. At the close of .
° each audit period we will compute the earned
o premium. for that period and send notice to the first
o Named Insured. The due date for audit and
° retrospective premiums is the date shown as the
due date on the bill. If the sum of the advance and
audit premiums paid for the policy period is greater
° than the earned premium, we will return the excess
to the first Named Insured.
o c. The first Named insured must keep records of the
information we need for premium computation, and
send us copies at such times as we may request.
0 6. Representations
m a. When You Accept This Policy
M
" By accepting this policy, you agree:
(1) The statements in the Declarations are accurate
and complete;
(2) Those statements are based upon
representations,you made to us; and
(3) We have issued this policy in reliance upon your
i� representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fall to disclose all
hazards relating to the conduct of your business
that exist at the inception date of this Coverage
Part, we shall not deny coverage under this
Coverage Part because of such failure.
Separation Of Insureds
Except with respect to the Limits of Insurance, and any
rights or duties specifically assigned in this Coverage
Part to the first Named Insured, this insurance applies:
c a. As if each Named Insured were the only Named
insured; and
b. Separately to each insured against whom claim is
made or "suit" is brought.
B. Transfer Of Rights Of Recovery Against Others To
Us
_ a. Transfer of Rights Of Recovery
If the insured has rights to recover all or part of any
payment, including Supplementary Payments, we.
have made under this Coverage Part, those rights
are transferred to us. The insured must do nothing
after loss to impair them. Al our, request, the
HG 00 0196 05
insured will bring "suit" or transfer those rights to us
and help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
if the insured has waived any 'rights of recovery
against any person or organization for all or part of
any payment, including Supplementary Payments,
we have made under this Coverage Part, we also
waive that right, provided the insured waived their
rights of recovery against such person or
organization in a contract, agreement or permit that
was executed prior to the injury or damage.
9. When We Do Not Renew.
If we decide not to renew this Coverage Part, we will
mail or deliver to the .first. Named Insured shown in the
Declarations written notice of the nonrenewal not less
than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that has the
purpose of inducing the sale of goods, products or
services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper, or
b. Any other publication that is given widespread
public distribution.
However, "advertisement° does not include:
a. The design, printed material, information or images
contained in, on or upon the packaging or labeling
of any goods or products; or
b. An interactive conversation between or among
persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement ".
3. "Asbestos hazard" means an exposure or threat of
exposure to the actual or alleged properties of
asbestos and includes the mere presence of asbestos
in any form.
4, "Auto" means a land motor vehicle, trailer or semitrailer
designed for travel on public roads, including any
attached machinery or equipment. But "auto" does not
include "mobile equipment ".
S. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the above,
mental anguish or death at any time.
Page 15 of 1$
Page a of 11 0 ISO Properties, Inc., 2000 CA 00 0110 01
(5) Submit to examination, at our expense, by
B. General Conditions
physicians of our choice, as often as we
1. Bankruptcy
reasonably require.
, the
Bankruptcy Insolvency n of the 'insured o
c. If there is 'loss' to a covered 'auto' or its
l
t us of any obliga-
estate wi0 not
` estate
equipment you must also do the following:
Y
Form,
dons under this Coverage Form.
ons under
(1) Promptly notify the police If the covered
2. Concealment, IhGsrepresentation Or Freud
'auto' or any of its equipment is stolen.
This Coverage Form is void in arty case of fraud
(2) Take all reasonable steps to protect the
You at any rune as it relates to this Coverage
covered 'auto' from further damage. Also
Form. is also void ft you or any other 'insured',
Forty
keep a record of our expenses for con-
Y exP
at any time, intentionally conceal or misrepresent
ti
sideration in the settlement of the claim.
a material fact concerning:
(3) Permit us to inspect the covered 'auto'
a. This Coverage Form;
and records proving the "loss' before Its
b. The covered 'auto';
repair or disposition.
(4) Agree to examinations under oath at our
c. Your interest in the covered 'auto'; or
request and give us a signed statement of
d. A claim under this Coverage Form.
your answers.
3. Liberalization
3. Legal Action Against Us
If we revise this Coverage Form to provide more
No one may bring a legal action against us under
coverage without additional premium charge,
this Coverage Form until:
your policy will automatically provide the addi-
a. There has been full compliance with all the
lions] Coverage as of the day the revision is ot-
terms of this Coverage Form; and
fective In your state.
b. Under Liability Coverage, we agree in writing
4. No Benefit To Bailee — Physical Damage
that the 'insured' has an obligation to pay or
Coverages
until the amount of that obligation has finally
We will not recognize any assignment or grant
been determined by judgment after trial. No
any coverage for the benefit of any person or Dr-
one has the right under this policy to bring us
ganization holding, storing or transporting prop -
into an action to determine the 'insured's' 11-
erty for a fee regardless of any other provision of
ability.
this Coverage Form.
4. Lass Payment — Physical Damage Coverages
a. Other Insurance
At our option we may:
a. For any covered 'auto' you own, this Cover -
a. Pay for, repair or replace damaged or stolen
age Forth provides primary insurance. For any
property;
covered 'auto' you don't awn, the insurance
provided by this Coverage Form is excess
exP
b. Return the stolen property, at our ense.
over any other collectible insurance. However,
We will pay for any damage that results to the
while a covered 'auto' which is a 'trailer' is
'auto'trom the theft; or
connected to another vehicle, the Liability
o. Take all or any part of the damaged or stolen
Coverage this Coverage Form provides for
property at an agreed or appraised value.
the 'trailer' is:
It we pay for the 'lass', our payment will include
(1) Excess while it is connected to a motor
the applicable sales tax for the damaged or stolen
vehicle you do not own.
property
(2) Primary while it is connected to a covered
S. Transfer Of Rights Of Recovery Against
'auto' you own.
Others To Us
b. For Hired Auto Physical Damage Coverage,
h any person or organization to or for whom we
any covered 'auto' you lease, hire, rent or
make payment under this Coverage Form has
barrow is deemed to be a covered 'auto' you
rights to recover damages from another, those
own. However, any 'auto' that is leased,
rights are transferred to us. That person or or-
hired, rented or borrowed with a driver is not a
ganization must do everything necessary to se-
covered auto'.
cure our rights and must do nothing after 'acci-
c. Regardless of the provisions of Paragraph a.
darn' or 'loss' to impair them.
above, this Coverage Farm's Liability Cover-
age is primary for any liability assumed under
an 9nsured contract'.
Page a of 11 0 ISO Properties, Inc., 2000 CA 00 0110 01
d. When this Coverage Form and any other
Coverage Form or policy covers on the same
basis, either excess or primary, we will pay
only our share. Our share is the proportion
that the Limit of Insurance of our Coverage
Form bears to the total of the limits of all the
Coverage Forms and policies covering on the
same basis.
We also cover olose to, or 'accidents' involving,
a covered 'auto' while being transported between
any of these places.
S. Two Or Mom Coverage Forma Or Policies
Issued By Us
If this Coverage Form and any other Coverage
Form or policy issued to you by us or any com-
pany affiliated with us apply to the same 'acci-
dent', the aggregate maximum Limit of Insurance
under all the Coverage Forms or policies shall not
exceed the highest applicable Limit of Insurance
under any one Coverage Form or policy. This
condition does not apply to any Coverage Form
or policy Issued by us or an affiliated company
specifically to apply as excess insurance over this
Coverage Form.
SECTION V– DEFINITIONS
A. 'Accident' includes continuous or repeated exposure
to the same conditions resulting in 'bodily injury' or
'property damage'.
B. 'Auto' means a land motor vehicle, 'trailer or semi-
trailer designed for travel on public roads but does
not include'moblle equipment'.
C. 'Bodily injury' means bodily injury, sickness or dis-
ease sustained by a person including death resulting
from any of these.
D. 'Covered pollution cost or expense' means any cost
or expense arising out of:
1. Any request, demand, order or statutory or regu-
latory requirement; or
2. Any claim or 'suit' by or on behalf of a govern-
mental authority demanding
that the 'insured' or others test for, monitor, dean up,
remove, contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects of 'pollut-
ants".
'Covered pollution cost or expense' does not include
any cost or expense arising out of the actual, alleged
or threatened discharge, dispersal, seepage, migra-
tion, release or escape of 'pollutards%
a. That are, or that are contained in any property
that is:
(1) Being transported or towed by, handled, or
handled for movement into, onto or from
the covered'auto%
(2) Otherwise in the course of transit by or on
behalf of the "insured';
(9) Being stored, disposed of, treated or proc-
essed in or upon the covered 'auto';
CA 00 0116 01 0 ISO Properties,, Inc., .2000 Page 9 0111
S. Premium AudR
a. The estimated premium for this Coverage
Form is based on the exposures you told us
you would have when this policy began. We
will compute the final premium due when we
o
determine your actual exposures. The esfi-
o
mated total premium will be credited against
the final premium due and the first Named In-
sured will be billed for the balance, if any. The
o
due date for the final premium or retrospective
o
premium is the date shown as the due date
N
on the bill. If the estimated total premium ex-
ceeds the final premium due, the first Named
Inured
will get a refund.
N
b. If this policy is issued for more than one year,
o
the premium for this Coverage Form will be
Ln
computed annually based on our rates or
premiums in effect at the beginning of each
year of the policy.
7. Policy Period, Coverage Territory
Under this Coverage Form, we cover 'accldents'
and 'losses' occurring:
a During the policy period shown in the Dacia-
-
rations; and
b. Within the coverage territory.
The coverage territory is:
a. The United States of America;
b. The territories and possessions of the United
°
States of America;
o. Puerto Rice;
_-
d. Canada; and
e. Anywhere in the world ti:
d
(1) A covered 'auto' of the private passenger
type is leased, hired, rented or borrowed
without a driver for a period of 30 days or
less; and
gum
(2) The 'insured's' responsibility to pay dam-
-'
ages Is determined in a 'suit' on the mer-
its, in the United States of America, the
territories and possessions of'the United
States of America, Puerto Rico, or Canada
or in a settlement we agree to.
We also cover olose to, or 'accidents' involving,
a covered 'auto' while being transported between
any of these places.
S. Two Or Mom Coverage Forma Or Policies
Issued By Us
If this Coverage Form and any other Coverage
Form or policy issued to you by us or any com-
pany affiliated with us apply to the same 'acci-
dent', the aggregate maximum Limit of Insurance
under all the Coverage Forms or policies shall not
exceed the highest applicable Limit of Insurance
under any one Coverage Form or policy. This
condition does not apply to any Coverage Form
or policy Issued by us or an affiliated company
specifically to apply as excess insurance over this
Coverage Form.
SECTION V– DEFINITIONS
A. 'Accident' includes continuous or repeated exposure
to the same conditions resulting in 'bodily injury' or
'property damage'.
B. 'Auto' means a land motor vehicle, 'trailer or semi-
trailer designed for travel on public roads but does
not include'moblle equipment'.
C. 'Bodily injury' means bodily injury, sickness or dis-
ease sustained by a person including death resulting
from any of these.
D. 'Covered pollution cost or expense' means any cost
or expense arising out of:
1. Any request, demand, order or statutory or regu-
latory requirement; or
2. Any claim or 'suit' by or on behalf of a govern-
mental authority demanding
that the 'insured' or others test for, monitor, dean up,
remove, contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects of 'pollut-
ants".
'Covered pollution cost or expense' does not include
any cost or expense arising out of the actual, alleged
or threatened discharge, dispersal, seepage, migra-
tion, release or escape of 'pollutards%
a. That are, or that are contained in any property
that is:
(1) Being transported or towed by, handled, or
handled for movement into, onto or from
the covered'auto%
(2) Otherwise in the course of transit by or on
behalf of the "insured';
(9) Being stored, disposed of, treated or proc-
essed in or upon the covered 'auto';
CA 00 0116 01 0 ISO Properties,, Inc., .2000 Page 9 0111
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right agalnst the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from US.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be * % of the California workers' compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization Job Description
WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO
OBTAIN THIS AGREEMENT FROM US, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS
ENDORSEMENT . BENEFIT ANY COMPANY OPERATING
AIRCRAFT FOR HIRE.
*The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less
than $500 policy minimum premium.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 05/01108 Policy No. BB1081205 Endorsement No. 9
Insured Jonset Corp Policy Effective Date 05/01/08
Insurance Company SeaBright Insurance Company
Countersigned By
WC 04 03 06
(Ed. 4-84)
01998 by the Workers' Compemtation Insurance Rating Bureau of California. All rights rsssrved.
i •
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
September 9, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 -644 -3055
mharmon@city.newport-beach.ca.us
SUBJECT. Professional Service Agreement With Sunset Property
Services For Alley Sweeping Services�� \
ISSUES:
• Should the City execute a Professional Services Agreement with Sunset Property
Services of Irvine for alley sweeping services?
RECOMMENDATION:
1. Approve the agreement with Sunset Property Services for Alley Sweeping
services on a twice- monthly basis.
2. Approve a budget amendment in the amount of $9,724 from the General
Fund Unappropriated Reserves, to fund the increase in cost over the expiring
contract for the remainder of the fiscal year.
DISCUSSION:
City staff currently sweeps over 200 miles of City streets each week, and selected
business areas on a more frequent basis. This greatly reduces the amount of dirt,
debris, and litter that would eventually impact water quality in the harbor and bay.
Since 2002, approximately 33 miles of improved alleys have been swept on a twice-
monthly basis. Alleyways in the City range from eight (8) to twenty (20) feet in width,
and are in a narrow 'T' configuration in beach and Balboa Island areas. These
challenges necessitate the use of a relatively small sweeper that is capable of
negotiating these challenging areas while effectively mitigating dust during cleaning.
• City staff sought proposals for alley sweeping services beginning June 10th. A
mandatory pre - proposal meeting was held on June 13th and attended by eleven
• Agreemena Sunset Property Services
for Alley Sweeping Services
September 9, 2408
Page 2
vendors based throughout Los Angeles and Orange Counties. Four vendors
submitted proposals by the July 8th deadline. A summary of the proposal prices is
attached, and the lowest proposed price was furnished by CleanStreet, at an annual
cost of $70,200. CleanStreet was invited to demonstrate the proposed sweeper to
City Staff and it was determined that the equipment did not meet the Citys
performance requirements. With the second lowest proposed price of $72,000,
TSCM was invited to demonstrate the capability of their proposed sweeper, however
it was determined that the equipment did not have the required PM10 certification per
AQMD Rule 1186. The purpose of this rule is to reduce the amount of dust
(particulate matter) that is introduced into the air as a result of sweeping and grading
operations. With the third lowest proposed price of $82,482 the current contractor,
Sunset Property Services, was able to demonstrate that its proposed sweeper meets
the City's performance requirement as well as the related AQMD Rules.
Therefore, an agreement with Sunset Property Services is submitted for Council
approval. The term of the agreement is for two (2) years and may be extended for
three (3) additional one (1) year terms upon agreement of both parties. This
agreement includes an annual rate adjustment based in proportion to changes in the
Consumer Price Index of a maximum of 4.0% after each 12 month period. With the
rate adjustment taken into consideration, Sunset Property Services represents the
best value for the City's alley sweeping service needs.
FUNDING:
The proposed contract is $12,282 more per year than the current contract that the
City has with Sunset Property Services and $9,724 more than anticipated in the
budget. Consequently, staff is requesting a budget amendment in the amount of
$9,724 from the General Fund Unappropriated Reserves into Account 3140 -8088
(Operations Support — Contract Services) to fund the difference over the remainder
the fiscal year (September 15, 2008 through June 30, 2009).
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
•
•
U
Agreement with Sunset Property Services
for Alley Sweeping Services
September 0, 2008
isPage 4
Attachments: (1) Summary of Alley Sweeping Proposals
(2) Professional Services Agreement with Sunset Property Services
for Alley Sweeping Services
(3) AQMD Rule 1186 PMio Clarification Letter
(4) CleanStreet Negative Performance Response Letter
(5) TSCM Lack of PM,o Certification Letter
(6) Sunset PMIoCertifiication Letter
n
U
Agreement Sunset Property Services
for Alley Sweeping Services
September 9, 2008
Page 5 •
ATTACHMENT 1
Summary of Alley Sweeping Proposals
•
•
Total
Difference
Fuel Type
14,000 GVW
Current Contractor
$78,000
$7,800
Unleaded
Under
CleanStreet (Diesel)
$70,200
-
Diesel
Under
TSCM
$72,000
$1,800
Unleaded
I Under
Sunset Property
Services
$82,482
$12,282
Unleaded
Under
CleanStreet
(Alternative Fuel)
$85,800
1$15,600
1 CNG
Over
Nationwide
Environmental
1$125,720
Services
$55,520
Unleaded
Under
•
•
•
C�
•
• Agreement with Su nset Property Services
for Alley Sweeping Services
September 9, 2008
Page 6
ATTACHMENT 2
Professional Services Agreement with Sunset Property Services for Alley
Sweeping Services
0 !
CITY OF NEWPORT BEACH •
Request for Proposal
Alley Sweeping
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this _ day of of 2008, by and between the
City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and, Jonset
Corporations, a Corporation located at 16251 Construction Cir W, Irvine, CA
( "Contractor "), is made with reference to the following Recitals:
RECITALS
WHEREAS, the City desires to obtain contract services for the sweeping of
approximately 33 miles of City alleyways.
WHEREAS, on June 10, 2008 a Request for Proposals (RFP) requesting proposals
for the sweeping of City alleyways was mailed to firms.
WHEREAS, Jonset Corporations ( "Contractor ") has been deemed to be the most
qualified to perform the work out of those firms which responded to the RFP.
WHEREAS, the Contractor desires to enter into an Agreement to provide services •
to the City and acknowledges that the City has relied upon its representations and commits
to faithfully perform the services required by this Agreement and in accordance with the
terms and conditions of this Agreement.
WHEREAS, the Contractor has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common nature
and frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
1. TERM
Unless earlier terminated in accordance with Section 20 of this Agreement, the Term
of this Agreement shall be for a period of two (2) years. The term shall commence on
September 15, 2008, after City Council approval of this Agreement, and upon receipt and
approval of all required insurance. The term of this Agreement shall automatically be
extended for three (3) additional one (1) year terms (automatic extensions) with the
extensions to automatically commence upon the expiration of the initial term or any
extended term, unless the City notifies Contractor in writing at least thirty (30) days
before the end of the initial term or any extended term, of its intent to terminate this •
I
•
Agreement at the conclusion of the initial term or any extension. Time is of the essence
• in the performance of services under this Agreement.
2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict compliance
with the Scope of Work ( "Contract Services ") as described in the RFP and the Contractor's
proposal. The Contract Services shall be performed at least as frequently as specified in the
RFP and Contractor's proposal. City shall have the right to alter frequency of maintenance
as necessary to ensure highest industry standards of maintenance. Proposal Unit Prices and
Total Annual Costs are contained in Exhibits A and B. All of the Exhibits are considered
to be a part of, and are incorporated into, this Agreement.
3. WORKMANSHIP. SUPERVISION. AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the Contract
Services and all members of the work force shall be legally documented.
B. All Contract Services shall be performed by competent and experienced
employees. Contractor shall be responsible for compliance with all local, state,
and federal laws and regulations. Contractor shall employ or retain, at its sole cost
and expense, all professional and technical personnel necessary to properly
perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and competent
• supervisor who shall be responsible for adherence to the specifications by directly
overseeing the contract operations. All supervisory personnel must be able to
communicate effectively in English (both orally and in writing). Any order given
to supervisory personnel shall be deemed delivered to the Contractor. The
supervisor assigned must be identified by name to ensure coordination and
continuity.
D. All Contractor personnel working at the outlined areas shall be neat in appearance
and in uniforms as approved by the Operations Support Superintendent when
performing Contract Services. All Contractor personnel shall wear identification
badges or patches. Those contract employees working in or adjacent to traffic
zones shall wear orange vests. Employees shall not remove any portion of their
uniform while working within the City. Employees driving the Contractor's
vehicles shall at all times possess and carry a valid Commercial Drivers License
issued by the State of California. If the Contract Administrator determines that
any person employed by the Contractor has failed or refused to carry out the terms
of this Agreement, appears to be incompetent, acts in a disorderly, improper, or
unsafe manner, or shows signs of intoxication or other impairment, instead of
initiating termination for breach, the Contract Administrator may notify
Contractor, who shall take immediate remedial action, which may include
removing the employee from the job site. Prior to returning a removed employee
to work within the City, the Contractor shall provide in writing the reason for the
• individual's behavior and the means used to prevent this behavior from occurring
again. In no event shall Contractor fail to prevent, prohibit, or resolve problems
0 •
with its employees working after receiving notice of same from the City.
Violation of this section by Contractor shall be a material breach of this •
Agreement and may result in the City terminating the Agreement or temporarily
suspending services hereunder, with Contractor being liable for any resulting
costs incurred by the City. No action to terminate or suspend shall be taken by
City until after Contractor is provided notice and afforded an opportunity to
respond or refute the allegations, except that the Contract Administrator may
immediately suspend services hereunder if he finds such action reasonably
appropriate to protect the public safety, health or welfare.
E. All work shall be performed in accordance with the highest maintenance
standards.
F. Complaints received by the City regarding the Contractor's performance will be
transmitted to the Contractor's office in writing, by telephone or facsimile, and
handled by the Contractor's Supervisor. All complaints are to receive a follow -up
response within twenty -four (24)" h6urs following notification of the Contractor. A
report of the Contractor's investigation and the corrective action taken shall be
made promptly by the Contractor to the Contract Officer. Repeat complaints may
be handled by a joint visit to the site by a City Inspector and the Contractor's
Supervisor. Complaints received directly by the Contractor shall be submitted in
writing to the City on the day such complaints are received. Contractor shall
maintain a log of complaints received and corrective actions implemented which
shall be submitted to the City within ten (10) days following the end of the month.
G. All vehicles and equipment used in conjunction with the work shall be in good •
working order and have appropriate safety guards (mowers, etc.). All vehicles
shall bear the identification of the Contractor and clearly post "Serving the City of
Newport Beach." All vehicles used to perform work under this Agreement
shall remain exempt from AQMD Rule 1186.1. if Contractor proposed to use
non- altemative fuel sweepers in its response to the request for proposal, the
Contractor shall only use non - alternative fuel sweepers that are under 14,000
GVW, and therefore exempt from AQMD Rule 1186.1 in performing the work.
H. Contractor shall provide a manager to coordinate work with the City
Administrator and ensure satisfactory performance of Contract Services. The
manager shall coordinate work crews on a daily basis to ensure compliance with
the terms of this Agreement.
I. Work within the City by utility and construction companies may be progressing
concurrently with the work under this Agreement. It is the responsibility of the
Contractor to be informed of work planned by these parties and to coordinate
street sweeping work accordingly.
J. The Contractor warrants that it has familiarized itself with all City's streets and
curbs at the time of commencement of this Agreement. Contractor is also familiar
with all existing installations, both public and private, in the area where services •
shall be performed under this Agreement. Contractor shall provide adequate
safeguards to prevent damage to existing structures and improvements. Structures
3
0
or improvements of any kind, whether public or private, which are removed,
• damaged or destroyed in the course of work shall be replaced and/or repaired, at
the Contractor's expense, to the original condition and to the satisfaction of the
City. Failure to have such damages repaired in a timely manner will result in the
City deducting from the Contractor's payment the cost to perform the necessary
remedial work.
K. The Contractor shall at all times use good sweeping practices as dictated by
standards within the sweeping industry and will make adjustments to its
equipment as necessary. The Contractor must exercise due care so as to prevent
spilling, scattering, or dropping of debris during the sweeping activity and shall
immediately clean up any such spillage, dropping, or scattering. Sweeping
practices include, but are not limited to the following: (1) Sweeping speed shall be
adjusted to street conditions with a maximum speed of six (6) miles per hour; and
(2) patterned concrete medians, intersections, and crosswalks shall be swept at a
maximum speed of three (3) miles per hour. The Contract Officer may require
the installation of sweeping speed monitoring devices to record actual vehicle
speed during sweeping. Sweepers shall be operated as close to parked cars or
other obstacles as safety allows.
L. The City may use a Parking Control Officer to cite vehicles for parking during
street sweeping hours. The Contractor shall coordinate sweeping activities with
the Parking Control Officer. All costs for coordination are the responsibility of
the Contractor, and no additional compensation will be allowed.
• M. The City may at various times and locations 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, the Contractor shall bear the entire
cost for the restoration, repair, inspection, testing or replacement of said damaged
equipment.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $6,873.50 year in 12 equal installments.
Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within
thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in
the United States mail, first class postage pre -paid, and addressed to Contractor as
specified in Section entitled "Notices ".
Upon the first anniversary of the Commencement Date and upon each anniversary of
the Commencement Date thereafter, the Rate to be paid by the City as set forth in Exhibit
A shall be adjusted in proportion to changes in the Consumer Price Index, subject to the
3.0% maximum adjustment increase set forth below. Such adjustment shall be made by
multiplying the original Rate by a fraction, the numerator of which is the value of the
• 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
4
0 0
of the Consumer Price Index for the same calendar month one (1) year prior. For example,
if the adjustment is to occur effective June 1, 2009, the index to be used for the numerator •
is the index for the month of March 2009 and the index to be used for the denominator is
March 2008. The "Consumer Price Index" to be used in such calculation is the Consumer
Price Index, All Urban Consumers (All Items) for the Los Angeles Anaheim Riverside
Metropolitan Area, published by the United States Department of Labor, Bureau of Labor
Statistics (1982 84 = 100). 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 Rate in effect immediately preceding such adjustment. The maximum
increase to the Rate, for any year where an adjustment is made in proportion to changes in
the Consumer Price Index, shall not exceed 3.0% of the Rate in effect immediately
preceding such adjustment.
5. INDEPENDENT CONTRACTOR
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 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. 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 m
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 or to
exercise a measure of control over Contractor shall mean only that Contractor shall follow
the desires of City with respect to the.
6. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or location for
which Contractor is to provide services. City has also made no representation that the site
or location of work will be free from defects, apparent or hidden, at the commencement of,
or at any time during the term of the Agreement.
7. BOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless
City, its City Council, boards and commissions, officers, agents 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, attorney's 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 work performed or services
provided under this Agreement (including, without limitation, defects in workmanship and/or
materials) or Contractor's presence or activities conducted performing the work (including the •
negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers,
5
agents, employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly
• or indirectly by any of them or for whose acts they may be liable or any or all of them).
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 willfiil
misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as
authorizing any award of attorney's 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 the Contractor.
8. 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, a policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to City.
A. Certi cafes of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein.
Insurance certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on file
with City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall
• sign certification of all required policies.
C. 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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her employees in
accordance with the laws of the State of California; however, in no event shall the Employer's
Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice
of cancellation or non - renewal of all Workers' Compensation policies must be received by
City at least thirty (30) calendar days (10 calendar days written notice of non - payment of
premium) prior to such change. The insurer shall agree to waive all rights of subrogation
against City, its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial general liability
insurance in an amount not less than two million dollars ($2,000,000) per occurrence for
bodily injury, personal injury, and property damage, including without limitation, contractual
liability. If commercial general liability insurance or other form with a general aggregate limit
• is used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shalt be at least twice the required
occurrence limit.
6
0 0
iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the 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 vehicles, in an amount not less than two million dollars
($2,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability, employer's liability and automobile liability
insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers
are to be covered as additional insureds with respect to liability arising out of work performed
by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or
appointed officers, officials, employees, agents and volunteers as respects to all claims, losses,
or liability arising directly or indirectly from the Contractor's operations or services provided
to City. Any insurance maintained by City, including any self - insured retention City may
have, shall be considered excess insurance only and not contributory with the insurance
provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a separate
policy had been written for each, except with respect to the limits of liability of the insuring
company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed
officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its elected or appointed officers, officials, employees, agents or •
volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or
reduced in coverage or in limits, by either party except after thirty (30) calendar days (10
calendar days written notice of non - payment of premium) written notice has been received by
City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claim made or suit instituted arising out of or resulting from Contractor's performance under
this Agreement.
G. Additional 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.
9. PROMMON AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null and void.
Contractor acknowledges that these provisions relative to assignments are
commercially reasonable and that Contractor does possess special skills, abilities,
and personnel uniquely suited to the performance of Contract Services and any •
assignment of this Agreement to a third party, in whole or in part, could
7
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jeopardize the satisfactory performance of Contract Services. Contractor may not
• employ any subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of Contractor, of the interest of any general partner or
joint venture which shall result in changing the control of Contractor, shall be
construed as an assignment of this Agreement.
10.
A. All Contractor's books and other business records, or such part as may be used in
the performance of this Agreement, shall be subject to inspection and audit by any
authorized City representative during regular business hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require, provide
reports concerning the status or cost of services required by this Agreement.
D. The Contractor is required to keep a daily log of all streets swept, including the
name and location of the streets and the number of curb -miles swept, along with a
description of any special services performed. The log shall be signed by the
• Supervisor on a daily basis. Each month, a report shall be prepared from the daily
log, giving a brief description of all routine, special event, and emergency
activities. The log report shall be attached to the monthly invoice submitted to the
Contract Officer. A phone log will be submitted monthly of all calls from the
City of Newport Beach General Services 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.
E. Contractor shall keep records and invoices in connection with its work to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such
records. Contractor shall maintain and allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment under this Agreement.
11. ADMINISTRATION
A. This Agreement will be administered by the General Services Department. The
General Services Director or his/her designees shall be considered the City's
Administrator and shall have the authority to act for the City under this
Agreement. The Administrator or his/her authorized representative shall represent
the City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
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B. City shall finnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor to
complete the work contemplated by this Agreement. City also agrees to provide •
all such materials in a timely manner.
12. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional/emergency services as requested by the
Administrator. The Administrator may give verbal authorization for
additional/emergency services, prior to performance of the work, up to One
Thousand Dollars ($1,000.00). Contractor must obtain written authorization from
the City Administrator prior to the performance of any additional/emergency
services that exceed One Thousand Dollars ($1,000.00). Additional services,
may be billed in accordance with the per mile unit cost proposed by the
Contractor Exhibit C.
B. City reserves the right to withdraw certain locations from the Scope of Work to be
performed by Contractor pursuant to this Agreement. City shall notify Contractor
in writing of its intent to do so at least thirty (30) days prior to the effective date
of withdrawal of any location. In the event a location is withdrawn from the scope
of services, compensation to Contractor shall be reduced in accordance with the
Contractor's unit costs specified in Exhibit C. hi the event the location is
withdrawn for a period of less than a full two (2) year term, Contractor's
compensation shall be reduced on a prorated basis.
13. DISPUTES PERTAINING TO PAYMENT FOR WORK •
Should any dispute arise respecting whether any delay is excusable, or its duration, or
the value of the work done, or of any work omitted, or of any extra work which Contractor
may be required to do, or respecting any payment to Contractor during the performance of
the Agreement, such dispute shall be decided by the City Manager and his decision shall
be final and binding upon Contractor and his sureties.
14. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for expenses unless authorized in writing by City
Administrator.
15. LABOR
A. Contractor shall conform with all applicable provisions of State and Federal law
including, applicable provisions of California Labor Code, and the Federal Fair
Labor Standards Act.
B. 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 notice to City, including all relevant
information. •
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C. This agreement shall be paid in accordance Section 1770 of the California State
• Labor Code and in accordance with the terms of the Southern California Master
Labor Agreement, which has established a prevailing rate of per diem wages to be
paid in the performance of this agreement. The Director of Industrial Relations
has ascertained the general prevailing rate of per diem wages in the locality in
which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said
determination is available by calling the prevailing wage hotline number (415)
7034774, and requesting one from the Department of Industrial Relations. All
parties to the contract shall be governed by all provisions of the California Labor
Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive).
16. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against any
subcontractor, consultant, employee or applicant for employment based on race, religion,
color, sex, handicap, national origin, or other basis that violates the federal or state
constitution or federal or state law. Contractor's obligation not to discriminate shall apply,
but not be limited to, the following: employment, upgrading, demotion, transfers,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
• City reserves the right to employ other contractors in connection with the work.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeable financially affect such
interest. The Contractor will provide a completed disclosure form noting the
above. Contractor will comply with the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by the City. The Contractor shall indemnify and hold harmless the
City for any claims for damages resulting from the Contractor's violation of this
Section.
19. NOTICES
All notice, demands, requests or approvals to be given under this Agreement must be
given in writing and will be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States mail, postage prepaid, registered
. or certified, addressed as hereinafter provided.
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All notices, demands, requests or approvals from Contractor to City shall be addressed
to City at: •
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be addressed to
Contractor at:
20. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the provisions of •
this Agreement in the manner required or if Contractor violates any provisions of
this Agreement, Contractor shall be deemed in default. If such default is not
cured within a period of two (2) working days, or if more than two (2) working
days are reasonably required to cure the default and Contractor fails to give
adequate assurance of due performance within two (2) working days after
Contractor receives written notice of default from City, City may terminate the
Agreement forthwith by giving written notice. City may, in addition to the other
remedies provided in this Agreement or authorized by law, terminate this
Agreement by giving written notice of termination.
B. This agreement may be terminated without cause by City upon thirty (30) days
written notice. Upon termination, City shall pay to Contractor that portion of
compensation specified in the Agreement that is earned and unpaid prior to the
effective date of termination. The Contractor may only terminate the Agreement
in the event of nonpayment by the City. In the event of nonpayment of
undisputed sums by the City, Contractor shall give the City thirty (30) days
written notice thereof and the City shall have fifteen (15) working days to cure the
alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to
law, City shall have the right to withhold all or a portion of Contractor's •
compensation for contract services if, in the judgment of the City Administrator,
the level of maintenance falls below appropriate landscape or hardscape
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maintenance standards and/or Contractor fails to satisfactorily perform contract
services. City shall have the right to retain funds withheld until the City
• Administrator determines that contract services are performed as well and as
frequently as required by this Agreement.
21. COMPLIANCE WITH LAW
All services rendered hereunder by Contractor shall be provided in accordance with all
ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or
local governmental agency having jurisdiction in effect at the time service is rendered.
23. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may;br..imposed by law and arise from or are
necessary, for the Contractor's performance of the services required by this Agreement, and
shall indemnify, defend and hold harmless City against any such fees, assessments, taxes
penalties or interest levied, assessed or imposed against City hereunder.
22. WAIVER
A waiver by City 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.
23. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties concerning the services to be provided under this
Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are
merged in this Agreement. No verbal agreement or implied covenant shall be held to vary
the provisions hereon. Any modification of this Agreement will be effective only by
written execution signed by both City and Contractor.
25.
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.
26. 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.
27. CONTROLLING LAW AND VENUE
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12
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.
28. 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.
29. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Aaron Harp, Assistant City Attorney
13
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
Contractor
By:
Title:
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EXHIBIT A
CITY OF NEWPORT BEACH
Raped for Proposal
Attap Srveepiag
Attachmen #Es. Proposal Pam
satrE a. Ra1tRANNR8IH1i AaDe
PRBSIDM
SQRISBT PROPERTY SERVICRS
14
del
H---
Naaber of Sweeps perYear.
24
24
LOCALUdNS
Aeuttal Cost per lAcawtion
Annual Cast per 1.0eaaon
Ara I Q*wport
HeigIftMoverArea)
Area 2 (Sartre Arm River 7euy
to8upaiorAveme)
Area 3 (Superior Avenue to
Hew"Apia)
Am 4 (NmTort Pk: to Balboa
NO
Area 5 (Balboa ldan&Bgiboa
PledBalbos Petllnsuls)
Area 6 (Corona del Ivies)
$ 1-21430-04
$ 16.179.63
$
$ 18, 947,06
TofidAxnaatCost
S S2 4$2.4n
S
satrE a. Ra1tRANNR8IH1i AaDe
PRBSIDM
SQRISBT PROPERTY SERVICRS
14
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CITY OF NEWPORT MACS
R+equed far Proposal
Mey Sweeping
3 �1�errtF: Urz#Prk�s
Mw Contractor #W= tot for requeo d azWor tegwnd d o *m m ffie wope of
ice, iaahtfag ed&dwo end Web= ou work not perf nned, the Contract Sum
shell be wed isawnhince walh eo hHowing unit prim, wherstheaty dootg to
useihis modwd in detanuinfng ousts.
B. ( is a"ed that the sit prices wM oft feto dw detanminalion of the
contract award.tl epd=mayreseltinlea lA=o£theeatimbidpmpossl.
Unk prices lidod be1Dw ta5cr tD ell items bataual azid the Omftection Do m ants
and include ell bets emoted wA zwb item, including but not hmtte d to.
aua%ezlala. h1>atS � a(ad profit fGR'tbn contractor.
a Tho unit pace ggotedby lira 4bLw&w "be ihaw=kp&w that will be *uged
'tq'rtedited for labdr-and maftide to bep vd&d mgmUeae of Sze total number wld
8edltn' aHNOalnt of labor rbgm[cd foi' a Ldcd ar ddete�lstwgs �wbrh.
D. All work shall bs petfcsimed �accas daaoe with spe# cations din tlu RPP. •
m C ti9RYUNPT 8B I4fEAS M
Ancy Sweeping S 45_00 fmffeofdleyswept
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Agreement with Sunset Property Services
for Alley Sweeping Services
September 9, 2008
Page 7
ATTACHMENT 3
AQMD Rule 1186 PMjo Clarification Letter
South C est
Air Quaft AlWmgement District
2711f63 G%ft WWO. c WMd ea. cn 1"76&4178
(9M W& Z= • wwwagmd pv
Antes 4 zoos
YMfiVyaWb *yra ths8CWhc�aWAdlrQft trl ewDk*da
4 )B�1186 —P1. Im&d0W*W a"dwd dV*m*6std1heskm*
Opwdom
Rnk I IN
Mon+tft nsn+6ee soar
�rtial oselfied sweat
1a clasigg.l[alirl�omdlsets sssaiaa siASt an a paa�d �sd wi�:u
�abomstlel�r IFel sl libxggn�hw'atpodedauamt�aaspiae
posses +iaMswr�tcdffieatscatsasesper.
�yoa)�a� ot$ymnegl adid8ioes�tio pleset tagtsea ax at
iii 346- 31t16nr l�bs1.{76iaamafso�:Me�st (1169)396.30166.
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Agreement with Sunset Property Services
for Alley Sweeping Services
September 9, 2008
Page 8
ATTACHMENT 4
CleanStreet Negative Performance Response Letter
emina Your Et
G
August 5, 2008
Mr, Mark Harmon
Director of General Services Department
City Of Newport Beach
3300 Newport Boulevard '
PO Box 1768
Newport Beach, CA 92658
KE: CteanStreWs Demonstration
Dear Mr. Harmon,
I am writing to apologize for our unsatisfactory demonstration on the alley
cleaning. We take a lot of pride In our knowledge and competence at
CleanStreet.
We operate over 100 Tymco Air sweepers. We are fully expert on these
sweepers. We operate just a couple of the smaller Tymcos. We have never
been big fans of the smaller Tymco capabilities. We are obviously not up to
speed on the proper adjustment of these smaller sweepers.
I am sorry for wasting you and your staff's time. I assure you liiat your
experience with CleanStreet Is very unusual and is not typical.
SICLEANSTV"' -IY
ET
l Costello
Fxecut wttve Officer
Cell: (310) 740 -1602
Office: (800) 225 -7316 x103
JC:seg
1937 West 169th Street, Gardena, California 90247 (800) 225 -7316
CleanStreet.com E -mall: info®CleanStreet . com Fax: (310) 538 -8015
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Agreement with Sunset Property Services
for Alley Sweeping Services
September 9, 2008
Page 9
ATTACHMENT 5
TSCM Lack of PM10 Certification Letter
From: Frank J. Palppauo jvellto:frattlr.peppanaOManoap comj
Sent Rkby, Auger 0% 200011:47 AM
Tw Hanlon, Mark; *ank pppmW
Subject: RE AQMD 1186 PMIO Letter
Thankysu Mack (Spoke to MM and ehnettar person regarding the rules inoluding 1188.1 s0etrreWe khet weight
emmpton al ngwith 1188 cfari8taa6on as we spoke about the offer day.
I could purchi se a PM10 quat" sweeper however tthe WOW roquirwr ont is over 17,500 Has GV W than t mtret be
Shmatim fuel. The same vehide with almmative fuel is S 250,000.00. I thank you far your cansideratlon and follow up.
From: Hermon, Mmk jmaitamfttmon@chy wwport-beach.ca.usj
Seni:.Ftlday, August O0, 200810.0[3 AM
Tot frank pappenoe Arank4app xk t m=rp aan
Subject: PUM AQMD 1186 PHIO letter
Good morning Prank.
Please wed* letter below from the AQMD concarning the PM-10 Rule. Unfodurretey. t o weight of Ore street sweeping
equipment being proposed for &CKy conlract does not provide for an errwWo n of the PM-10 requirement, Obviously, l
cannot recommended a oontracbr for a City service knowing that this wand violate Air Dis6d rules.
• I will put this Wo madon In a fennel later and mW to your of0o s today. Please call me at (9419) 6443035 If you have any
questions. Thanks for tte tkne and effort you put into bidding thk sarvlcs to ft city.
SinceaelY,
Mark Harmon
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Agreement with Sunset Property Services
for Alley Sweeping Services
September 9, 2008
Page 10
ATTACHMENT 6
Sunset PMIO Certification Letter
s
' August 8, ZM
i
95r Mr. Maurice Turner
ow
SAW SAW
� A.drninLStrative Malyst
My of Newport Beach
General Services Department
I 592 Superior Avenue
Newport Beach, CA 92663 -3884
I
Re: 200 RPP-ABaY Sweeping
Dear Maurice:
SENT M E-MAA
mturner�ckv.neumort- bead+.ca.0 s
Per your a -nisei request to John Nowt anneslanfgraf, I have attaehed a copy of
the most current PMjecrtifted vebides awprovided by the Air Quality
MarhagarrtethtDistrRet{ACBd6j. This document vim downloodeerl just moenty
from the Internet.
Sweeper marndacbAw, TYMCD most abide bythe repotatonsset forth by the
various *Wndos In the deop of A sweepers and each Sweeper isthonw *h
dvedmdfidmsh "ftbytbe"WepAwteaud4does. TYMWreprawxbti
and their dtsorRhrrtwh representatves regutartf attend AQ MD meethhgs to ensure
corOmmttyto their requirements. Sheesetpropert Services has hadTYMCD
sweepers since 2967 and we have not had amt incidents of non - compliance with
this manufacturer.
Please contact me should you need any father inionnabon.
i Sincmely,
i
Operations Manager
/dk
Attadhment
ISM" raw5,ww
aathRAW
bvbie.Uea97e+ sir !
049) WI -5151
M} 55r-rali PAX
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W of Newport Beach NO. BA- 09BA -008
BUDGET AMENDMENT
2008 -09 AMOUNT: $s,72a.00
CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from General Fund fund balance for the additional costs associated with the new
contract for alley sweeping services.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
RONUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Division
Account
Signed:
Sig:
Signed:
Number
Number
Number
Number
Number
Number
Number
Number
Approval:
Administrative
Description
General Fund - Fund Balance
Description
Description
3140 General Services - Operations Support
8088 Contract Services
Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$9,724.00
$9,724.00
/� 02 —01F
Date
ate
Date
v C -3,59
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this 1 st day of August of 2003, by and between
the City of Newport Beach, a Municipal Corporation and Charter City ( "City "), and
Sunset Property Services, a Corporation ( "Contractor"), is made with reference to the
following Recitals:
RECITALS
WHEREAS, the City desires to obtain contract services for the sweeping of 32.75
miles of City alleyways.
WHEREAS, on May 30, 2003 a Request for Proposals (RFP) requesting
proposals for the sweeping of City alleyways was mailed to seven firms.
WHEREAS, Sunset Property Services ( "Contractor") submitted the lowest bid
among the four firms which responded to the RFP.
WHEREAS, The Contractor desires to enter into an Agreement to provide
services to the City and acknowledges that the City has relied upon its representations
and commits to faithfully perform the services required by this Agreement and in
accordance with the terms and conditions of this Agreement.
WHEREAS, The Contractor has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common nature
and frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one (1) year. The term shall
commence within ten (10) working days of City Council Approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to commence upon the expiration of the initial term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of
the initial term or any automatic extension, of its intent to terminate this Agreement at
the conclusion of the initial term or any extension.
2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict
compliance with the Scope of Work ( "Contract Services ") as described in the RFP and
the Contractor's proposal. The Contract Services shall be performed at least as
frequently as specified in the RFP and Contractor's proposal. City shall have the right
to alter frequency of maintenance as necessary to ensure highest industry standards of
maintenance. Bid Unit Prices and Costs are contained in Exhibits B and C. All of the
Exhibits are considered to be a part of, and are incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally
documented.
B. All Contract Services shall be performed by competent and experienced
employees. Contractor shall be responsible for compliance with all local,
state, and federal laws and regulations. Contractor shall employ or retain,
at its sole cost and expense, all professional and technical personnel
necessary to properly perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. The supervisor assigned must be
identified by name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Operations Support
Superintendent when performing Contract Services. All Contractor
personnel shall wear identification badges or patches. Those contract
employees working in or adjacent to traffic zones shall wear orange vests.
E. All work shall be performed in accordance with the highest maintenance
standards.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards (mowers, etc.).
All vehicles shall bear the identification of the Contractor and clearly post
"Serving the City of Newport Beach."
G. Contractor shall provide a Manager to coordinate work with the City
Administrator and ensure satisfactory performance of Contract Services.
The manager shall coordinate work crews on a daily basis to ensure
compliance with the terms of this Agreement.
H. Contractor shall be issued water meter(s), which must be utilized when
filling sweepers from City fire hydrants. The City will be responsible for
charges stemming from the use of City water.
I. The Contractor may utilize the sweeper dumping bin at the Corporation
Yard to dispose of sweepings or other such refuse bins as provided by the
City. Said dumping shall occur between the hours of 7:30AM and 3:30PM
Monday through Friday only. The City shall be responsible for the
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disposal. Contractor shall furnish records of material collected and
disposed of at the Corporation Yard on a monthly basis to the City.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $61,896.80 per year. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the United
States mail, first class postage pre -paid, and addressed to Contractor as specified in
Section entitled "Notices ".
5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means
of conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
6. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of the Agreement.
7. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, and employees from and against any loss, damages,
liability, claims, costs, expenses or damages, including, but not limited to,
bodily injury, death, personal injury, property damages, attorneys fees and
court costs arising from, or in any way related to, the performance of
Contract Services required by this Agreement, provided, however,
Contractor's obligation in this regard shall not apply in the event of the
fraud or willful misconduct by City, its officials, agents, employees or
representatives.
B. Contractor shall defend, indemnify and hold harmless City, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damages, liability, claims, costs and expenses
whatsoever, including reasonable attorneys' fees, which may accrue to
any and all persons, or business entities furnishing or supplying work,
services, materials, equipment or supplies to Contractor in the
performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
3
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Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees and representative
harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third
party against the City.
8. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City. Insurance
policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to performing
any Contract Services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of one million dollars ($1,000,000) combined
single limit per accident for bodily injury and property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
4
1. Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
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 performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation, which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
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partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
RECORDWREPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator
within seven (7) days after the end of each month. A phone log will be
submitted monthly of all calls from the City of Newport Beach General
Services 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.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records. Contractor shall
maintain and allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his/her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his/her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
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12. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional services as requested by the
Administrator. Additional services, may be billed in accordance with the
per mile unit cost proposed by the Contractor in Exhibit C.
B. City reserves the right to withdraw certain locations from the Scope of
Work to be performed by Contractor pursuant to this Agreement. City
shall notify Contractor in writing of its intent to do so at least thirty (30)
days prior to the effective date of withdrawal of any location. In the event
a location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the Contractor's unit costs
specified in Exhibit C. In the event the location is withdrawn for a period
of less than a full one (1) year term, Contractor's compensation shall be
reduced on a prorated basis.
13. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor during
the performance of the Agreement, such dispute shall be decided by the City Manager
and his decision shall be final and binding upon Contractor and his sureties.
14. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for expenses unless authorized in writing by
City Administrator.
15. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
B. 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 notice to City, including all
relevant information.
16. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment based on
race, religion, color, sex, handicap, national origin, or other basis that violates the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
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17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act°), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
19. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Sunset Property Services
16251 Construction Circle West
Irvine, CA 92606
20. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
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the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this Agreement by giving written
notice of termination.
B. This Agreement may be terminated at anytime, without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City
shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective date of
termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the level of maintenance falls below appropriate
landscape or hardscape maintenance standards and /or Contractor fails to
satisfactorily perform Contract Services. City shall have the right to return
funds withheld until the City Administrator determines that Contract
Services are performed as well as required by this Agreement.
21. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that the court with jurisdiction over the action may determine and fix
reasonable attorneys' fees and expenses to be paid to the prevailing party.
22. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the performance of
Contract Services.
23. WAIVER
A waiver by City 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.
24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties concerning the services to be provided under
this Agreement. All preliminary negotiations and agreements of whatsoever kind or
nature are merged in this Agreement. No verbal agreement or implied covenant shall
be held to vary the provisions hereon. Any modification of this Agreement will be
effective only by written execution signed by both City and Contractor.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
M
Slinger Property R2rVinAR
Contractor
By:. -
D. nes
Howhanian
Title: P P-i runt
Date: X 71 3
APPROVED AS TO FORM:
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Exhibit A Proposed Schedule
Exhibit B Proposal Form
Exhibit C Unit Prices
LIST OF EXHIBITS
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Area 1
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Exhibit A
Proposed Sweeping Schedule
Newport Heights /Dover Area
Area 2
Santa Ana River Jetty to Superior Ave.
Area 3
Superior Avenue to Newport Pier
Service provided over two days
Area 4
Newport Pier to Balboa Pier
Service provided over two days
Week 2 (and 4 if 2x1month)
Swept the day after trash pick -up
Week 2 (and 4 if 2x1month)
Swept the day after trash pick -up
Week 1 (and 3 if 2x1month)
Swept the day after trash pick -up
Week 2 (and 4 if 2x/month)
Swept the day after trash pick -up
Area 5
Balboa Island /Balboa Pier /Balboa Peninsula Week 2(and 4 if 2x/week)
Service provided over two days Swept the day after trash pick -up
Area 6
Corona del Mar
Week 1 (and 3 if 2x1month)
Swept the day after trash pick -up
Schedules are subject to change upon approval from the City.
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PROPOSAL FORM
•
MONTHLY TWICE PER MONTH
Number of Sweeps per Year 12 24
LOCATION
Area 1 (Newport Heights/Dover Area) $458.67 $777.36
Area 2 (Santa Ana River Jetty to Superior $188.37 $319.25
Avenue)
Area 3 (Superior Avenue to Newport Pier) $720.69 $1,136.69
Area 4 (Newport Pier to Balboa Pier) $389.41 $659.97
Area 5 (Balboa IslandBalboa Pier/Balboa $720.69 $1,136.69
Peninsula)
Area 6 (Corona del Mar) $665.62 $1,128.10
Total Annual Cost
$37,721.40 1 $61,896.80
(Monthly Sweeping) I (Twice - per -month Sweeping)
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UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the scope of
work, including additions and deletions on work not performed, the Contract Sum
shall be adjusted in accordance with the following unit prices, where the City
elects to use this method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid
proposal. Unit prices listed below refer to all items installed and the Construction
Documents and include all costs connected with such items; including but not
limited to, materials, labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the total
number units and/or amount of labor required for added or deleted items of work.
D. All work shall be performed in accordance with specifications described in the
RFP.
FUNCTION COST/UNIT OF MEASURE
Alley Sweeping $85.00 /mile of alley swept
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
July 22, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus@city.newport-
beach.ca.us
SUBJECT: Award of Alley Sweeping Agreement
ISSUE:
Should the City approve the attached agreement with Sunset Property Services to
provide twice per month alley sweeping at an annual cost of $61,896.60?
RECOMMENDATION:
Approve the attached agreement with Sunset Property Services to provide twice per
month alley sweeping at an annual cost of $61,896.80.
DISCUSSION:
Background:
City forces currently sweep over 200 miles of City streets each week, and selected
business areas on a more frequent basis. Approximately 50% of the streets in the City,
located in older and more congested beach areas are posted no parking for street
sweeping.
City forces also currently sweep alleys on an infrequent or as- requested basis. Such
sweeping occurs when it may be worked into the daily schedule, usually within two
working days following a resident's request. Due to concerns about dirt, leaf debris, and
litter accumulating in alleys, gutters, and storm drains and ultimately affecting harbor
and bay water quality, the City Council authorized the implementation of an alley
sweeping program in those areas of the City which contain improved alleys. Alleyways
in the City range from eight (8) to twenty (20) feet wide and measure a total of 32.75
miles.
Alley Sweeping Agreement
July 22, 2003
Page 2
In June 2003, staff mailed requests for proposals (RFP) for alley sweeping to six
qualified street sweeping companies. The RFP requested rate proposals for alley
sweeping once a month and two times a month. Four companies responded to the RFP
with bids including Sunset Property Services, Dickson Co. Inc., Clean Street, and Bill's
Sweeping Service. The results were as follows:
Sunset Property Services
Dickson Co. Inc.
Clean Street
Bill's Sweeping Services, Inc.
Monthly Twice per month
$37,721.40 $61,186.80
$46,492.00 $89,960.00
$53,719.00 $77,821.00
$93,984.00 $163,140.00
Staff recommends that Sunset Property Services be awarded the contract based on
current government experience by the contractor, proposed staffing levels, contractor
use of natural gas powered sweepers, as well as cost of service (low bid) of $61,896.60
per year for twice per month sweeping.
Analysis:
The proposed agreement provides for alley sweeping services for the City's 32.75 miles
of public alleyways. The proposed agreement is set to commence on August 1, 2003
and has the option of being extended for up to four (4) additional one (1) year terms.
The proposed agreement includes a provision allowing the City to alter the frequency of
sweeping when necessary. City supervisory staff will monitor service levels and review
Sunset Property Services' required reports of sweeping activities to make adjustments
as necessary.
Air Quality Management District (AQMD) Rule 1186.1 requires that all street sweeping
contracts implemented after July 1, 2002 utilize alternative fuel street sweepers. All
street sweepers utilized by Sunset Property Services to sweep alleyways in the City of
Newport Beach will be powered by compressed natural gas.
Environmental Review:
This project does not require environmental review.
Prepared by:
Submitted by:
Jen#U Hammond, David E. Niederhaus,
MarYagement Assistant Director
Attachments: Alley Sweeping Agreement
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CONTRACTOR AGREEMENT
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THIS AGREEMENT, entered into this 1 st day of August of 2003, by and between
the City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and
Sunset Property Services, a Corporation ( "Contractor"), is made with reference to the
following Recitals:
RECITALS
WHEREAS, the City desires to obtain contract services for the sweeping of 32.75
miles of City alleyways.
WHEREAS, on May 30, 2003 a Request for Proposals (RFP) requesting
proposals for the sweeping of City alleyways was mailed to seven firms.
WHEREAS, Sunset Property Services ( "Contractor") submitted the lowest bid
among the four firms which responded to the RFP.
WHEREAS, The Contractor desires to enter into an Agreement to provide
services to the City and acknowledges that the City has relied upon its representations
and commits to faithfully perform the services required by this Agreement and in
accordance with the terms and conditions of this Agreement.
WHEREAS, The Contractor has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common nature
and frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
TERM
The Term of this Agreement shall be for a period of one (1) year. The term shall
commence within ten (10) working days of City Council Approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to commence upon the expiration of the initial term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of
the initial term or any automatic extension, of its intent to terminate this Agreement at
the conclusion of the initial term or any extension.
2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict
compliance with the Scope of Work ( "Contract Services ") as described in the RFP and
the Contractor's proposal. The Contract Services shall be performed at least as
frequently as specified in the RFP and Contractor's proposal. City shall have the right
to alter frequency of maintenance as necessary to ensure highest industry standards of
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maintenance. Bid Unit Prices and Costs are contained in Exhibits B and C. All of the
Exhibits are considered to be a part of, and are incorporated into, this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally
documented.
B. All Contract Services shall be performed by competent and experienced
employees. Contractor shall be responsible for compliance with all local,
state, and federal laws and regulations. Contractor shall employ or retain,
at its sole cost and expense, all professional and technical personnel
necessary to properly perform Contract Services.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
be deemed delivered to the Contractor. The supervisor assigned must be
identified by name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Operations Support
Superintendent when performing Contract Services. All Contractor
personnel shall wear identification badges or patches. Those contract
employees working in or adjacent to traffic zones shall wear orange vests.
E. All work shall be performed in accordance with the highest maintenance
standards.
F. All vehicles and equipment used in conjunction with the work shall be in
good working order and have appropriate safety guards (mowers, etc.).
All vehicles shall bear the identification of the Contractor and clearly post
"Serving the City of Newport Beach."
G. Contractor shall provide a Manager to coordinate work with the City
Administrator and ensure satisfactory performance of Contract Services.
The manager shall coordinate work crews on a daily basis to ensure
compliance with the terms of this Agreement.
H. Contractor shall be issued water meter(s), which must be utilized when
filling sweepers from City fire hydrants. The Contractor will be responsible
for charges stemming from the use of City water.
The Contractor may utilize the sweeper dumping bin at the Corporation
Yard to dispose of sweepings or other such refuse bins as provided by the
City. Said dumping shall occur between the hours of 7:30AM and 3:30PM
Monday through Friday only. The City shall be responsible for the
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disposal. Contractor shall furnish records of material collected and
disposed of at the Corporation Yard on a monthly basis to the City.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $ year. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the United
States mail, first class postage pre -paid, and addressed to Contractor as specified in
Section entitled "Notices ".
5. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means
of conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
6. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of worts will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of the Agreement.
7. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, and employees from and against any loss, damages,
liability, claims, costs, expenses or damages, including, but not limited to,
bodily injury, death, personal injury, property damages, attorneys fees and
court costs arising from, or in any way related to, the performance of
Contract Services required by this Agreement, provided, however,
Contractor's obligation in this regard shall not apply in the event of the
fraud or willful misconduct by City, its officials, agents, employees or
representatives.
B. Contractor shall defend, indemnify and hold harmless City, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damages, liability, claims, costs and expenses
whatsoever, including reasonable attorneys' fees, which may accrue to
any and all persons, or business entities furnishing or supplying work,
services, materials, equipment or supplies to Contractor in the
performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
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Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees and representative
harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third
party against the City.
8. INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City. Insurance
policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to performing
any Contract Services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
1. Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
a minimum amount of one million dollars ($1,000,000) combined
single limit per accident for bodily injury and property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
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Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, and employees as additional insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Otherinsurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
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 performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation, which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
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partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
10. RECORDS /REPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any
individual or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of services required by this
Agreement.
D. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator
within seven (7) days after the end of each month. A phone log will be
submitted monthly of all calls from the City of Newport Beach General
Services 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.
E. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records. Contractor shall
maintain and allow inspection of all work, data, documents, proceedings,
and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
11. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his /her designees shall be considered
the City's Administrator and shall have the authority to act for the City
under this Agreement. The Administrator or his /her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
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12. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional services as requested by the
Administrator. Additional services, may be billed in accordance with the
per mile unit cost proposed by the Contractor in Exhibit C.
B. City reserves the right to withdraw certain locations from the Scope of
Work to be performed by Contractor pursuant to this Agreement. City
shall notify Contractor in writing of its intent to do so at least thirty (30)
days prior to the effective date of withdrawal of any location. In the event
a location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the Contractor's unit costs
specified in Exhibit C. In the, event the location is withdrawn for a period
of less than a full one (1) year term, Contractor's compensation shall be
reduced on a prorated basis.
13. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor during
the performance of the Agreement, such dispute shall be decided by the City Manager
and his decision shall be final and binding upon Contractor and his sureties.
14. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for expenses unless authorized in writing by
City Administrator.
15. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
B. 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 notice to City, including all
relevant information.
16. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment based on
race, religion, color, sex, handicap, national origin, or other basis that violates the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
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17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
19. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Sunset Property Services
16251 Construction Circle West
Irvine, CA 92606
20. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
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the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this Agreement by giving written
notice of termination.
B. This Agreement may be terminated at anytime, without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City
shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective. date of
termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
City Administrator, the level of maintenance falls below appropriate
landscape or hardscape maintenance standards and /or Contractor fails to
satisfactorily perform Contract Services. City shall have the right to return
funds withheld until the City Administrator determines that Contract
Services are performed as well as required by this Agreement.
21. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that the court with jurisdiction over the action may determine and fix
reasonable attorneys' fees and expenses to be paid to the prevailing party.
22. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the performance of
Contract Services.
23. WAIVER
A waiver by City 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.
24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties concerning the services to be provided under
this Agreement. All preliminary negotiations and agreements of whatsoever kind or
nature are merged in this Agreement. No verbal agreement or implied covenant shall
be held to vary the provisions hereon. Any modification of this Agreement will be
effective only by written execution signed by both City and Contractor.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Daniel K. Ohl, Deputy City Attorney
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CITY OF NEWPORT BEACH
A Municipal Corporation
Contractor
0
Title:
Mayor
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u
Exhibit A Proposed Schedule
Exhibit B Proposal Form
Exhibit C Unit Prices
LIST OF EXHIBITS
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E
Exhibit A
Proposed Sweeping Schedule
Area 1
Newport Heights /Dover Area
Area 2
Santa Ana River Jetty to Superior Ave.
Area 3
Superior Avenue to Newport Pier
Service provided over two days
Area 4
Newport Pier to Balboa Pier
Service provided over two days
0
Week 2 (and 4 if 2x1month)
Swept the day after trash pick -up
Week 2 (and 4 if 2x1month)
Swept the day after trash pick -up
Week 1 (and 3 if 2x/month)
Swept the day after trash pick -up
Week 2 (and 4 if 2x1month)
Swept the day after trash pick -up
Area 5
Balboa Island /Balboa Pier /Balboa Peninsula Week 2(and 4 if 2x/week)
Service provided over two days Swept the day after trash pick -up
Area 6
Corona del Mar
Week 1 (and 3 if 2x/month)
Swept the day after trash pick -up
Schedules are subject to change upon approval from the City.
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ATTACHMENT B
PROPOSAL FORM
Number of Sweeps per Year
MONTHLY
12
TWICE PER MONTH
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LOCATION
Area 1 (Newport Heights/Dover Area)
Area 2 (Santa Ana River Jetty to Superior
Avenue)
Area 3 (Superior Avenue to Newport Pier)
Area 4 (Newport Pier to Balboa Pier)
Area 5 (Balboa IslandBalboa Pier/Balboa
Peninsula)
Area 6 (Corona del Mar)
$458.67
$777.36
$188.37
$319.25
$720.69
$1,136.69
$389.41
$659.97
$720.69
$1,136.69
$665.62
$1,128.10
Total Annual Cost
Company Name: Si inept PrnppcW Servirpc
By:
Title:
Date:
$37,721.40 1 $61,896.80
(Monthly Sweeping) I (Twice - per -month Sweeping)
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ATTACHMENT C
UNIT PRICES
A. The Contractor agrees that for requested and/or required changes in the scope of
work, including additions and deletions on work not performed, the Contract Sum
shall be adjusted in accordance with the following unit prices, where the City
elects to use this method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid
proposal. Unit prices listed below refer to all items installed and the Construction
Documents and include all costs connected with such items; including but not
limited to, materials, labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the total
number units and/or amount of labor required for added or deleted items of work.
D. All work shall be performed in accordance with specifications described in the
RFP.
FUNCTION COST/UNIT OF MEASURE
Alley Sweeping $85.00 /mile of alley swept
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