HomeMy WebLinkAboutC-3753 - Contractor Agreement (Balboa Village Steam Cleaning Services)• r 1 C -353
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this gf'6 day of 0&(N r 2005, by and
between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"),
and RecoverX Industries, a General Partnership whose address is 18001 South
Figueroa, Unit D, Gardena, CA 90248, ( "Contractor"), is made with reference to the
following Recitals:
RECITALS
WHEREAS, the City desires to obtain contract services to steam clean Lithocrete
sidewalks and designer roadway in Balboa Village.
WHEREAS, RecoverX Industries ( "Contractor") submitted the lowest bid among
the firms which responded to the final Request for Proposal.
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, subject to the
termination provisions of Section 20 of this Agreement. 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 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 requirements of Exhibit A ( "Scope of Work ") as agreed to in Exhibit
B ( "Contractor's Proposal "). The Contract Services shall be performed at least as
frequently as specified in Exhibit A. City shall have the right to alter frequency of
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maintenance as necessary to ensure the highest industry standards of maintenance
and to control costs. Exhibit C details Bid Costs, and the Unit Prices are specified in
Exhibit D. All of the Exhibits are a part of, and are herein incorporated by reference into,
this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services. All members of the work force shall be able to offer
proof of legal right to work in the United States to Contractor.
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 including clean water directives.
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. Vehicles and
equipment must meet and comply with all current federal and state
regulations. 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.
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H. Persons employed by the Contractor who are found not to be satisfactory
by the City shall be discharged or reassigned by the Contractor on twenty
four (24) hours notice from the City.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor according to the rates set forth in Exhibit C ('Bid Costs ") of this
agreement. 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 ".
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).
Please note, the Davis -Bacon Wage determinations are available at the Federal Wage
website: www.access.gpo.gov /davisbacon.
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
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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
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:
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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:
Additional Insured:
"The City of Newport Beach and its officers, employees, agents,
elected officials, and volunteers are covered 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
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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
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
10. RECORDWREPORTS
A. All Contractor's books and other business records, to include payroll
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 s hall complete a monthly maintenance report indicating work
performed and submit this completed report to the City Administrator
within five (5) 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
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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 services as requested by the
Administrator. Additional services, may be billed in accordance with the
per square foot unit cost proposed by the Contractor's Exhibit D.
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 or frequency of service
is diminished, compensation to Contractor shall be reduced in accordance
with the Contractor's unit costs specified in Exhibit D. 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.
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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.
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
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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:
City of Newport Beach
General Services Department
Attn: David E. Niederhaus, Director
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:
RecoverX Industries
Attn: Mario Costa
18001 S. Figueroa, Unit D
Gardena, CA 90248
20. TERMINATIONMEFAULT
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 or authorized by law, terminate this Agreement by giving written
notice of termination.
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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.
L Vonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin lauson, City Attorney
CITY OF NEWPORT BEACH
A Municipal Corporation
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c,
Contractor
Title:
City of Newport Beach 0 •
RFP for Steam Cleaning — Balboa Village
DESCRIPTION OF PROJECT AND INTENT
(Scope of Work)
INTENT
Exhibit A
February 2005
The intent of these specifications is to provide steam - cleaning services to 64,793
square feet of Lithocrete sidewalks and 9,104 square feet of designer roadway.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform maintenance
as described herein including, but not limited to, the following:
Provide the supervision, equipment, tools, labor, and materials, to steam
clean 64,793 square feet of Lithocrete sidewalks identified on the attached
map (Attachment A). The Contractor shall develop and execute a schedule
to perform sidewalk steam cleaning tasks once per week during the months
of May through September, and once every other week during the months of
October through April.
2. Provide the supervision, equipment, tools; labor, and materials to steam clean
9,104 square feet of designer roadway identified on the attached map
(Attachment A). The Contractor shall develop and execute a schedule to
perform the roadway steam cleaning tasks once per month.
3. Remove gum, spills, dirt, spots, blood, fish oil, and dirt and grime from the
contract areas identified in Attachment A at every cleaning. In the case of
hard to remove stains, the Contractor shall utilize an environmentally
sensitive stain remover.
4. Contractor will be required to utilize mechanical means to collect the
wastewater generated during the performance of the steam cleaning tasks
described in this RFP. Contractor shall recycle the residual water for reuse.
5. Contractor shall ensure that storm drain inlets are properly dammed to
prevent entry of water or debris into the storm drain system during
performance of steam cleaning tasks.
Contractor shall clean contract area utilizing a hot water pressure washer
(minimum of 2,500 PSI) with either a 20- degree or 30- degree spray tip set at
a minimum of 180 degrees Fahrenheit. The pressure washing spray tip must
remain at a minimum of 18" from the cleaning surface in order to reduce the
potential for damages to the cleaning surface. The Contractor will be
responsible for damages to sidewalks and roadway pavements resulting from
excessive water pressure, heat and /or improper cleaning techniques.
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City of Newport Beach • 0 Exhibit A
RFP for Steam Cleaning — Balboa Village February 2005
III. WORKING HOURS
Normal working hours shall be between the hours of 4:00 AM and Noon, Monday
through Friday.
IV. TERM OF CONTRACT
The term of this agreement shall be for a period of twelve (12) months. The City
reserves the right to terminate the agreement unilaterally at any time upon thirty
(30) days written notice to the Contractor. This contract can be renewed in one
year increments up to a maximum of five successive years by mutual agreement,
based upon an evaluation of performance of the maintenance contractor with a
determination of satisfactory performance by the City.
If negotiations are still in progress at the end of any one -year term previously
agreed upon, the City and the Contractor will continue performance as required
herein on a month -to -month basis at the previously agreed upon basis until
either a new agreement is entered into or the City terminates the relationship in
accordance with the provisions contained in the above paragraph and the Draft
Agreement (Attachment D). During such period of month -to -month operation
while negotiations are in progress, the Contractor shall be obligated to continue
performance for at least sixty (30) days after written notice to the City of its
decision to terminate the relationship and the City shall be obligated to give
consideration to the Contractor for such additional performance at the usual rate
of payment as provided herein.
V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest maintenance
standard. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the sites.
The Contractor will be responsible for ensuring that residents and businesses will
not be impacted by the work performed by the Contractor. The Contractor will
also ensure that vehicles parked in or adjacent to the work areas do not get wet
or damaged.
The Contractor shall adjust his work hours and number of work days per week
on a seasonal basis to minimize noise complaints from the neighboring
residential and commercial community.
If, in the judgment of the City, the level of maintenance is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within
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City of Newport Beach •
RFP for Steam Cleaning — Balboa Village
• Exhibit A
February 2005
this document and providing no other arrangements have been made
between the Contractor and the City. Failure to notify of a change and /or
failure to perform an item or work on a scheduled day may result in
deduction of payment for that date or week. Payment will be retained for
work not performed until such time as the work is performed to City
standard.
The Contractor is required to correct deficiencies within the time specified by the
City. If noted deficient work has not been completed, payment for subject
deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments.
VI. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a monthly meeting with the
Contractor and the City representative to determine progress and to establish
areas needing attention. A status report of activities performed and maintenance
issues addressed by the Contractor will be submitted in writing to the City on a
weekly basis.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor
and if not corrected, payment to the Contractor will not be made until condition is
corrected in a satisfactory manner as set forth in the specifications.
VII. SPECIFICATIONS
This Scope of Work is intended to cover all labor, material and standards of
workmanship to be employed in the work called for in this RFP or reasonably
implied by terms of same. Work or materials of a minor nature which may not be
specifically mentioned, but which may be reasonably assumed as necessary for
the completion of this work, shall be performed by the Contractor as if described
in the specifications.
VIII. CORRESPONDENCE
All correspondence shall be addressed to Rick Greaney, Operations Support
Superintendent, General Services Department, City of Newport Beach, P.O. Box
1768, Newport Beach, California 92658.
IX. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City before
the work is commenced. The Contractor will be required to provide before and
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City of Newport Beach • • Exhibit A
RFP for Steam Cleaning — Balboa Village February 2005
after photographs of safety items or emergency maintenance, which were made
without prior City approval. Documentation of contract compliance may be
required on some occasions.
X. WATER
The City will issue the Contractor a water meter(s), which must be utilized when
filling equipment from City fire hydrants. The Contractor will be responsible for
charges stemming from the use of City water.
XI. DISPOSAL
The Contractor shall not discharge any debris, litter, or water collected during
performance of the work tasks into the City sanitary sewer system or storm drain
system.
XII. RECORDS AND SCHEDULE
The Contractor shall keep accurate records concerning all of his /her employees
or agents and provide the City with names and telephone numbers of emergency
contact employees.
The contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Operations Support
Superintendent. This report should also contain a description of work performed,
including man - hours, equipment, and any additional work, which the contractor
deems to be beyond the scope of the contract. Under ordinary conditions,
payment for this work will not be authorized unless the additional work, and costs
thereof, are first approved in writing by the City. 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.
The Contractor shall, within fifteen (15) calendar days of the effective date of an
executed agreement, prepare and submit a written schedule to the Operations
Support Superintendent. This schedule shall clearly identify the tasks required
by the RFP and the subsequent executed agreement and the days they are
scheduled to be performed in each particular area. If it is necessary to make
periodic revisions to this maintenance schedule, a modified schedule must be
submitted to the Operations Support Superintendent for approval prior to the
date the changes are to take effect. Otherwise, it is intended that the Contractor
will develop a permanent schedule, which will allow the City to monitor the
Contractor's progress.
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City of Newport Beach ! • Exhibit A
RFP for Steam Cleaning — Balboa Village February 2005
The Contractor shall permit the City to inspect and audit its books and records
regarding City - provided services only at any reasonable time.
XIII. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at
least two qualified persons who can be called by City representatives when
emergency maintenance conditions occur during hours when the Contractor's
normal work force is not present in the City of Newport Beach. These Contractor
representatives shall respond to said emergency within two (2) hours from
receiving notification.
XVI. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time
of the job site and provide the office with phone service during normal working
hours. During all other times, a telephone answering service shall be utilized and
the answering service shall be capable of contacting the Contractor by radio or
pager. Contractor shall have a maximum response time of thirty (30) minutes to
all emergencies. There will be no on -site storage of equipment or materials.
Contractor will have full responsibility for maintaining an office and a yard.
XVII. SCHEDULES
Annual Schedule
1. The Contractor shall provide an annual schedule indicating the time frames
when items of work shall be accomplished per the performance requirements.
2. The Contractor shall complete the schedule for the contract area in a manner
which shall correspond to the performance requirements described in this
scope of work, and the RFP.
3. The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the contract.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
Monthly Schedule
1. The Contractor shall provide a monthly schedule indicating the major items of
work to be performed in accordance with the performance requirements and
further delineate the time frames for accomplishment by day of the week and
by morning and afternoon.
15
City of Newport Beach • 0 Exhibit A
RFP for Steam Cleaning — Balboa Village February 2005
2. The Contractor shall complete the schedule for each item of work and each
area of work.
3. The initial schedule shall be submitted one week prior to the effective date of
the contract. Thereafter, it shall be submitted monthly on the first Monday of
the month for City approval, prior to scheduling work for the upcoming month.
4. Changes to the schedule shall be received by the Operations Support
Superintendent at least twenty-four (24) hours prior to the scheduled time for
the work.
5. Failure to notify of a change and /or failure to perform an item of work on
a scheduled day may result in deduction of payment for that date or
week.
6. The Contractor shall adjust his/her schedule to compensate for all holidays
and rainy days. Contractor shall perform all regularly scheduled tasks on
holidays and rainy days, unless otherwise indicated by the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled.
XVIII. Performance During Inclement Weather
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his/her work force in order to accomplish those
activities that are not affected by weather.
2. Failure to adjust the work force to show good progress on the work shall
result in deduction of payments to reflect only the work actually
accomplished.
3. The Contractor shall immediately notify the Operations Support
Superintendent when the work force has been removed from the job site due
to inclement weather or other reasons.
W.
0 0
14W qT
IV � COPY ENVIRONMENTAL
INDUSTRIES
hiVITYJA N[11'r
Exhibit B
"Confidential"
(Proposal for the Steam Cleaning of Balhoa Village)
December 15, 2004
City of Newport Beach,
Mission Statement
To ensure high quality production, customer satisfaction and consistent cost - effectiveness in all
we offer, as a complete "Environmental Services Corporation ".
RecovrX Industries, Inc. has become a leader in the redefined and emerging Environmental
Cleaning and Recovery Services Industry in Southern California. We are constantly challenging
ourselves to provide exceptional services and products to our clients through a variety of
specialized and aggressive management strategies. With our corporate headquarters located in
9,ID�11�>`1TA! Gardena, California, RecovrX has been reaching out to all of Southern California since 1988. In
the past three years, the Environmental Service Industry has become highly specialized due to
specific state, federal and local guidelines pertaining to the handling of illicit discharge.
RecovrX prides itself on maintaining the latest state -of- the -art water handling and filtration
equipment to meet or exceed the discharge requirements for our customers. Each of our vehicles
have the capability to handle all of our client's recovery and discharge expectations.
RecovrX has been in the Steam Cleaning Maintenance business for over 4 years. We currently
provide services to Municipalities, School Districts, Retail, Property Owners and Managers etc...
in the Southern California area. David Dworsky (President), has been in the service business for
25 years. Before RecovrX, he owned a large Landscape Maintenance business for 20 years
before he sold it 5 years ago. Mario Costa (Vice President), operated and owned a Steam
Cleaning company in Orange County for 15 years and has been in the cleaning business for over
file ffieiif"JAI 20 years. Stella Jimenez, has 7 years of experience in the Steam Cleaning business, is our Office
���re1 ulll 11'l�' Manager and handles customer service. Most RecovrX employees have at least 5 years of
experience in the steam cleaning business.
We pride ourselves in customer service, service done right and follow up for customer
satisfaction after each and every job. As for our employees, we have safety meeting on a weekly
basis. Workers are trained on safety first and example, placing cones and barricades where
18001 So. Figueroa, Unit D • Gardena, California 90248 • 310.323.6960 • Fax 310.323.6961 • recovrxusa.com
0
• Exhibit B
needed before commencing the work at hand. Equipment training is done when the employee is
hired and refresher courses on an ongoing basis. Balboa Village has residential and certain
operations that open early. Because of this, we will run more equipment than usual to
accommodate the deterrents. The steam cleaners are 3000 PSI at 200 Degrees of heat with
pressure control. We will also use the latest in technology with an electric steam cleaner for
areas needed because of residential concerns.
All of RecovrX employees have been trained properly on coning off the area and sand bagging
the storm drains. Once the work has commenced, we have one worker steam cleaning and one
worker vacuuming besides the sand bags, preventing any water from entering into the storm
drain. Once the job is done, we then go back, wipe down and squeegee clean any windows that
get wet. This eliminates any merchant complaints about getting their windows wet.
The waste -water is a sensitive issue. It is vacuumed and sent to our recyclers. The recyclers
clean the waste -water from 50 microns to 20 microns to 5 microns for reuse in the steam
cleaning process. Waste -water and sludge that has been collected throughout the job is hauled
back to our company yard, We then place the contaminants into a 55- gallon drum for Infinity
Environmental to haul away. These drums are taken to a class II non - hazardous dumpsite for
disposal. On file and upon request, we can provide you, the customer a copy of the manifest at
any time.
RecovrX will furnish all materials and equipment needed to execute this contract. Each of our 9
vehicles carry a steam cleaner, portable steam cleaner in case one breaks down, generator and
recycling and vacuum system.
Managing this contract will be strategically put into place in this order. The direct contact will
be Mario Costa, 20 years of experience in steam cleaning services, he will maintain constant
contact with Rick Greaney on all work that is being done, as well as customer service and
merchant complaints if any. Armando Ruiz, 10 years of experience, will take on the scheduling,
coordinating the crews and constant supervision and will also supply Rick Greaney with weekly
reports and monthly schedules. Stella, Office Manager with 7 years of experience, will take on
customer service and billing. Any complaints, emergencies or questions, Stella will answer or
direct them to Mario Costa or Armando Ruiz immediately.
Our emergency numbers are as follows, 310- 930 -8647 or Armando Ruiz 310 - 930 -8735 these
numbers work for after hours, during business hours 310- 323 -6960. Any emergencies or
complaints will be taken care of within 1 to 2 hours. "We Pride ourselves in Customer
Service ".
•
Public Agencies We Currently Provide Services To:
*City of Newport Beach (2 year performing service)
Contact: Rich Greaney 949 - 644 -3067
*City of Huntington Beach (13 years performing service)
Contact: Larry Neishl (Public Works) 714 - 536 -5287
Jim Jones (Tree and Landscape) 714- 960 -8861
17371 Gothard Street
Huntington Beach, CA
• Steam clean Main Street 2x/month
• Janitorial at Pier Plaza Daily
• Steam clean Pier Plaza Ix/week
*City of Orange (3 years performing service)
Contact: Bob IVonshilmonmen (Public Works) 714 -532 -6487
John Lurcher (Street Maintenance) 714 -532 -6544
637 W Struck Avenue
Orange, CA
• Steam clean Glassell and Chapman Ix/month
• Train Depot Ix/month
• Plaza every other month
o All Restaurant sidewalks Ixhveek
*City of Manhattan Beach
Contact: Juan Price 310 -802 -5310
3621 Bell Avenue
Manhattan Beach, CA
o Steam clean on an as needed basis
Contract Schedule (Scope of Work)
Exhibit B
Dav 1:
Phase 1 Lithocrete: Balboa Market has to be done first thing with one machine because they
bring out table and chairs early morning as well as the restaurants located on Main Street and
Bay Avenue. Once those are done we will place one machine on Phase 1 lithocrete on Balboa
Avenue and one machine on Phase 2 lithocrete on Main Street. Finishing those two streets we
will have one machine on the pier phase one lithocrete.
• • Exhibit B
REEL
Phase 2 Lithocrete: We will commit one machine on the Phase 2 lithocrete patterned on the
boardwalk. We will be sensitive to the residents that live in and around these areas. We will be
using the electric steam cleaners where necessary. Another machine will be on the side's strrts
of phase 2 lithocrete, which are Palm and Washington Avenue. The job will be done on
Mondays and Tuesdays.
Once Per Month:
We will steam clean designer concrete on Main Street once per month. All work to be steam
cleaned, will be done utilizing state -of -the -art recycling equipment simultaneously while
cleaning.
Thank you for the opportunity to bid your project. We look forward to continuing to service
your cleaning needs. Please feel free to call me if you have any questions 310- 323 -6960.
Sincerely Yours,
David Dworsky
President, CEO
ATTACHMENT C
BID COSTS
5 Months
SCRIPTION OF WORK (May 1 - Sept. 30)
1. Steam Clean Lithocrete Sidewalks (64,793 sq.
a. Once per week
b. Once every other week
Steam Clean Designer Roadway (9,104 sq. ft.)
a. Once per Month
otal Prevailing Wage Bid (Items I and II):
$136,203
12
7 Months 12 Months
(Oct 1. - April 30) (Oct. 1 - Sept. 30)
UNIT PRICES
A.
C.
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EXHIBIT D
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.
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.
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.
Al work shall be performed in accordance with specifications described in the RFP.
FUNCTION COST /UNIT OF MEASURE
Sidewalk Steam Cleaning $.049 /per square foot
Roadway Steam Cleaning $.18 /per square foot
FER, ti;_ 2005
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. s
February 8, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
David E. Niederhaus, Director, 949- 644 -3055, dniederhausO-citv.newport-
beach.ca.us
SUBJECT: Award of Balboa Village Steam Cleaning Contract
ISSUE:
Should the City approve the attached five year maintenance contract with RecoverX
Industries to provide steam cleaning services at the Balboa Village area at an annual
cost of $136,203.00?
RECOMMENDATION:
Approve the attached five year maintenance contract with RecoverX Industries to
provide steam cleaning services in the Balboa Village area at an annual cost of up to
$136,203.00.
DISCUSSION:
Background:
Balboa Village is located on the Balboa Peninsula and is bordered by Edgewater
Avenue and East Ocean Front to the North and South, and Adams Street and "A° Street
on the West and East. It is one of Newport Beach's highest pedestrian traffic areas
during the summer months and caters to thousands of visitors each spring and summer
season.
In 2002, the City successfully completed the first phase of a three - phased renovation
project in the Village. Phase I included the installation of 17,000 square feet of
Lithocrete sidewalks.
Phase II of the project has been completed which added 47,793 square feet of
Lithocrete sidewalk and 9,104 square feet of designer roadway to the project area. It
Aam Cleaning Agreement
February 8, 2005
Page 2
has been the City's intention to consolidate steam - cleaning services for both Phases I
and II under a single contract.
The steam cleaning of Phase I sidewalks is currently performed by RecoverX, a
contract cleaning company.
One of the goals of the Village renovation project has been to increase patronage of and
public interest in the Village shops and businesses. A key element to achieving this goal
is maintaining the enhanced area in a manner that encourages pedestrian traffic. This
objective combined with the high maintenance needs of the sidewalk design make it
necessary that the selected firm be prepared to perform the requested services
consistently at a very high standard while adhering to clean water requirements. The
successful contractor must also provide crews that are courteous and responsive when
approached by the public or City staff.
Staff originally sent the Request for Proposal (RFP) out to informal bid in June 2003. As
a result of the uncertainty of pending legislation regarding prevailing wages, the four
bids were rejected and alternate bids were requested. The alternate bids were also
rejected for the same reason. After consultation with the City Attorney and informing
that the proposed maintenance function is governed by the prevailing wage laws, staff
prepared a third RFP and mailed it to six qualified firms. Two firms responded to the
RFP.
The bid results are as follows:
RecoverX $136,203.00 /year
TJ's $186,994.00/year
$100,000 was budgeted in the FY 04 -05 budget for steam cleaning. A budget ceiling
increase request for $136,000 has been made for Fiscal Year 2005 -2006.
It is proposed that RecoverX Industries will steam clean the Lithocrete sidewalks once
per week from May l t through September 30"' and once every other week from
October 1$` through April 30"'. The budget limit for FY 04 -05 will not be exceeded.
Analysis:
The proposed contract provides for steam cleaning services for the Balboa Village area
only. The proposed agreement is set to commence on March 1, 2005, has the option of
being extended for up to four (4) additional one (1) year terms, and includes a provision
allowing the City to alter the frequency of steam cleaning when necessary to control
costs and cleanliness levels. City supervisory staff will monitor service levels and
review RecoverX Industries' required reports of steam cleaning activities to make
adjustments as necessary.
• A Cleaning Agreement
February 8, 2005
Page 3
Funding Availability:
There is adequate funding in the current budget to cover the costs associated with this
contract.
Environmental Review:
This project does not require environmental review.
Prepared by:
Jererff Hammond,
Administrative Analyst
Attachment: Contractor Agreement
Submitted by:
David E. Niederhaus,
Director
i •
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this day of ,2005, by and
between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"),
and RecoverX Industries, a General Partnership whose address is 18001 South
Figueroa, Unit D, Gardena, CA 90248, ( "Contractor"), is made with reference to the
following Recitals:
RECITALS
WHEREAS, the City desires to obtain contract services to steam clean Lithocrete
sidewalks and designer roadway in Balboa Village.
WHEREAS, RecoverX Industries ( "Contractor") submitted the lowest bid among
the firms which responded to the final Request for Proposal.
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, subject to the
termination provisions of Section 20 of this Agreement. 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 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 requirements of Exhibit A ( "Scope of Work ") as agreed to in Exhibit
B ( "Contractor's Proposal "). The Contract Services shall be performed at least as
frequently as specified in Exhibit A. City shall have the right to alter frequency of
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maintenance as necessary to ensure the highest industry standards of maintenance
and to control costs. Exhibit C details Bid Costs, and the Unit Prices are specified in
Exhibit D. All of the Exhibits are a part of, and are herein incorporated by reference into,
this Agreement.
3. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services. All members of the work force shall be able to offer
proof of legal right to work in the United States to Contractor.
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 including clean water directives.
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. Vehicles and
equipment must meet and comply with all current federal and state
regulations. 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.
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H. Persons employed by the Contractor who are found not to be satisfactory
by the City shall be discharged or reassigned by the Contractor on twenty
four (24) hours notice from the City.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor according to the rates set forth in Exhibit C (`Bid Costs ") of this
agreement. 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'.
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).
Please note, the Davis -Bacon Wage determinations are available at the Federal Wage
website: www.access.aoo.aov /davisbacon.
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
3
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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
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:
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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:
Additional Insured:
"The City of Newport Beach and its officers, employees, agents,
elected officials, and volunteers are covered 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
5
• •
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
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, to include payroll
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 i ndicating work
performed and submit this completed report to the City Administrator
within five (5) 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
0
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 services as requested by the
Administrator. Additional services, may be billed in accordance with the
per square foot unit cost proposed by the Contractor's Exhibit D.
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 or frequency of service
is diminished, compensation to Contractor shall be reduced in accordance
with the Contractor's unit costs specified in Exhibit D. 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.
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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.
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
9
0 0
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:
City of Newport Beach
General Services Department
Attn: David E. Niederhaus, Director
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:
RecoverX Industries
Attn: Mario Costa
18001 S. Figueroa, Unit D
Gardena, CA 90248
20. TERMINATION /DEFAULT
A. In the event Contractor fails or re fu
provisions of this Agreement in th
violates any provisions of this Agree
default. If such default is not cure d
days, or if more than two (2) working
the default and Contractor fails to
ses to timely perform any of the
e manner required or if Contractor
ment, Contractor shall be deemed in
within a period of two (2) working
days are reasonably required to cure
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.
i✓
0 0
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 attomeys' 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.
Elf,
E
0
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:
Robin Clauson, City Attorney
11
CITY OF NEWPORT BEACH
A Municipal Corporation
In
Contractor
A
Title:
Steven Bromberg, Mayor
City of Newport Beach •
RFP for Steam Cleaning — Balboa Village
I. INTENT
• Exhibit A
February 2005
DESCRIPTION OF PROJECT AND INTENT
(Scope of Work)
The intent of these specifications is to provide steam - cleaning services to 64,793
square feet of Lithocrete sidewalks and 9,104 square feet of designer roadway.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
Furnish all labor, equipment, materials, and supervision to perform maintenance
as described herein including, but not limited to, the following:
1. Provide the supervision, equipment, tools, labor, and materials, to steam
clean 64,793 square feet of Lithocrete sidewalks identified on the attached
map (Attachment A). The Contractor shall develop and execute a schedule
to perform sidewalk steam cleaning tasks once per week during the months
of May through September, and once every other week during the months of
October through April.
2. Provide the supervision, equipment, tools, labor, and materials to steam clean
9,104 square feet of designer roadway identified on the attached map
(Attachment A). The Contractor shall develop and execute a schedule to
perform the roadway steam cleaning tasks once per month.
3. Remove gum, spills, dirt, spots, blood, fish oil, and dirt and grime from the
contract areas identified in Attachment A at every cleaning. In the case of
hard to remove stains, the Contractor shall utilize an environmentally
sensitive stain remover.
4. Contractor will be required to utilize mechanical means to collect the
wastewater generated during the performance of the steam cleaning tasks
described in this RFP. Contractor shall recycle the residual water for reuse.
5. Contractor shall ensure that storm drain inlets are properly dammed to
prevent entry of water or debris into the storm drain system during
performance of steam cleaning tasks.
6. Contractor shall clean contract area utilizing a hot water pressure washer
(minimum of 2,500 PSI) with either a 20- degree or 30- degree spray tip set at
a minimum of 180 degrees Fahrenheit. The pressure washing spray tip must
remain at a minimum of 18" from the cleaning surface in order to reduce the
potential for damages to the cleaning surface. The Contractor will be
responsible for damages to sidewalks and roadway pavements resulting from
excessive water pressure, heat and /or improper cleaning techniques.
11
City of Newport Beach •
RFP for Steam Cleaning — Balboa Village
III. WORKING HOURS
Exhibit A
February 2005
Normal working hours shall be between the hours of 4:00 AM and Noon, Monday
through Friday.
IV. TERM OF CONTRACT
The term of this agreement shall be for a period of twelve (12) months. The City
reserves the right to terminate the agreement unilaterally at any time upon thirty
(30) days written notice to the Contractor. This contract can be renewed in one
year increments up to a maximum of five successive years by mutual agreement,
based upon an evaluation of performance of the maintenance contractor with a
determination of satisfactory performance by the City.
If negotiations are still in progress at the end of any one -year term previously
agreed upon, the City and the Contractor will continue performance as required
herein on a month -to -month basis at the previously agreed upon basis until
either a new agreement is entered into or the City terminates the relationship in
accordance with the provisions contained in the above paragraph and the Draft
Agreement (Attachment D). During such period of month -to -month operation
while negotiations are in progress, the Contractor shall be obligated to continue
performance for at least sixty (30) days after written notice to the City of its
decision to terminate the relationship and the City shall be obligated to give
consideration to the Contractor for such additional performance at the usual rate
of payment as provided herein.
V. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest maintenance
standard. Standards and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the sites.
The Contractor will be responsible for ensuring that residents and businesses will
not be impacted by the work performed by the Contractor. The Contractor will
also ensure that vehicles parked in or adjacent to the work areas do not get wet
or damaged.
The Contractor shall adjust his work hours and number of work days per week
on a seasonal basis to minimize noise complaints from the neighboring
residential and commercial community.
If, in the judgment of the City, the level of maintenance is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within
12
City of Newport Beach • • Exhibit A
RFP for Steam Cleaning — Balboa Village February 2005
this document and providing no other arrangements have been made
between the Contractor and the City. Failure to notify of a change and /or
failure to perform an item or work on a scheduled day may result in
deduction of payment for that date or week. Payment will be retained for
work not performed until such time as the work is performed to City
standard.
The Contractor is required to correct deficiencies within the time specified by the
City. If noted deficient work has not been completed, payment for subject
deficiency shall be withheld for current billing period and shall continue to be
withheld until deficiency is corrected, without right to retroactive payments.
VI. SUPERVISION OF CONTRACT
VII.
Vlll.
All work shall meet with the approval of the City of Newport Beach General
Services Department. There shall be a minimum of a monthly meeting with the
Contractor and. the City representative to determine progress and to establish
areas needing attention. A status report of activities performed and maintenance
issues addressed by the Contractor will be submitted in writing to the City on a
weekly basis.
Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the Contractor
and if not corrected, payment to the Contractor will not be made until condition is
corrected in a satisfactory manner as set forth in the specifications.
This Scope of Work is intended to cover all labor, material and standards of
workmanship to be employed in the work called for in this RFP or reasonably
implied by terms of same. Work or materials of a minor nature which may not be
specifically mentioned, but which may be reasonably assumed as necessary for
the completion of this work, shall be performed by the Contractor as if described
in the specifications.
All correspondence shall be addressed to Rick Greaney, Operations Support
Superintendent, General Services Department, City of Newport Beach, P.O. Box
1768, Newport Beach, California 92658.
IX. PROVISIONS FOR EXTRAS
No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City before
the work is commenced. The Contractor will be required to provide before and
13
City of Newport Beach • 0 Exhibit A
RFP for Steam Cleaning — Balboa Village February 2005
after photographs of safety items or emergency maintenance, which were made
without prior City approval. Documentation of contract compliance may be
required on some occasions.
X. WATER
The City will issue the Contractor a water meter(s), which must be utilized when
filling equipment from City fire hydrants. The Contractor will be responsible for
charges stemming from the use of City water.
XI. DISPOSAL
The Contractor shall not discharge any debris, litter, or water collected during
performance of the work tasks into the City sanitary sewer system or storm drain
system.
Al. RECORDS AND SCHEDULE
The Contractor shall keep accurate records concerning all of his /her employees
or agents and provide the City with names and telephone numbers of emergency
contact employees.
The contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Operations Support
Superintendent. This report should also contain a description of work performed,
including man - hours, equipment, and any additional work, which the contractor
deems to be beyond the scope of the contract. Under ordinary conditions,
payment for this work will not be authorized unless the additional work, and costs
thereof, are first approved in writing by the City. 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.
The Contractor shall, within fifteen (15) calendar days of the effective date of an
executed agreement, prepare and submit a written schedule to the Operations
Support Superintendent. This schedule shall clearly identify the tasks required
by the RFP and the subsequent executed agreement and the days they are
scheduled to be performed in each particular area. If it is necessary to make
periodic revisions to this maintenance schedule, a modified schedule must be
submitted to the Operations Support Superintendent for approval prior to the
date the changes are to take effect. Otherwise, it is intended that the Contractor
will develop a permanent schedule, which will allow the City to monitor the
Contractor's progress.
14
City of Newport Beach 0 Exhibit A
RFP for Steam Cleaning — Balboa Village February 2005
The Contractor shall permit the City to inspect and audit its books and records
regarding City- provided services only at any reasonable time.
XIII. EMERGENCY SERVICES
The Contractor will provide the City with names and telephone numbers of at
least two qualified persons who can be called by City representatives when
emergency maintenance conditions occur during hours when the Contractor's
normal work force is not present in the City of Newport Beach. These Contractor
representatives shall respond to said emergency within two (2) hours from
receiving notification.
XVI. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time
of the job site and provide the office with phone service during normal working
hours. During all other times, a telephone answering service shall be utilized and
the answering service shall be capable of contacting the Contractor by radio or
pager. Contractor shall have a maximum response time of thirty (30) minutes to
all emergencies. There will be no on -site storage of equipment or materials.
Contractor will have full responsibility for maintaining an office and a yard.
XVII. SCHEDULES
Annual Schedule
The Contractor shall provide an annual schedule indicating the time frames
when items of work shall be accomplished per the performance requirements.
The Contractor shall complete the schedule for the contract area in a manner
which shall correspond to the performance requirements described in this
scope of work, and the RFP.
3. The annual schedule shall be submitted for City approval within fifteen (15)
calendar days after effective date of the contract.
4. The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance.
Monthly Schedule
The Contractor shall provide a monthly schedule indicating the major items of
work to be performed in accordance with the performance requirements and
further delineate the time frames for accomplishment by day of the week and
by morning and afternoon.
1161
City of Newport Beach • • Exhibit A
RFP for Steam Cleaning — Balboa Village February 2005
2. The Contractor shall complete the schedule for each item of work and each
area of work.
3. The initial schedule shall be submitted one week prior to the effective date of
the contract. Thereafter, it shall be submitted monthly on the first Monday of
the month for City approval, prior to scheduling work for the upcoming month.
4. Changes to the schedule shall be received by the Operations Support
Superintendent at least twenty -four (24) hours prior to the scheduled time for
the work.
5. Failure to notify of a change and /or failure to perform an item of work on
a scheduled day may result in deduction of payment for that date or
week.
6. The Contractor shall adjust his /her schedule to compensate for all holidays
and rainy days. Contractor shall perform all regularly scheduled tasks on
holidays and rainy days, unless otherwise indicated by the City.
Performance on Schedule
The Contractor has been provided the maximum latitude in establishing work
schedules which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled.
XVIII. Performance Durina Inclement Weather
1. During the periods when inclement weather hinders normal operations, the
Contractor shall adjust his /her work force in order to accomplish those
activities that are not affected by weather.
2. Failure to adjust the work force to show good progress on the work shall
result in deduction of payments to reflect only the work actually
accomplished.
3. The Contractor shall immediately notify the Operations Support
Superintendent when the work force has been removed from the job site due
to inclement weather or other reasons.
i-
•
FINIED
ENVIRONMENTAL'
INOU S T R I E S
Exhibit B
"Confidential"
(Proposal for the Steam Cleaning of Balboa Village)
' P, Igil December 15, 2004
14 ARITteflAt1Ct
City of Newport Beach,
Mission Statement
To ensure high quality production, customer satisfaction and consistent cost - effectiveness in all
we offer, as a complete "Environmental Services Corporation ".
RecovrX Industries, Inc. has become a leader in the redefined and emerging Environmental
Cleaning and Recovery Services Industry in Southern California. We are constantly challenging
ourselves to provide exceptional services and products to our clients through a variety of
specialized and aggressive management strategies. With our corporate headquarters located in
0110 > IRMIi Gardena, California, RecovrX has been reaching out to all of Southern California since 1988. In
l w,IiP ING the past three years, the Environmental Service Industry has become highly specialized due to
specific state, federal and local guidelines pertaining to the handling of illicit discharge.
RecovrX prides itself on maintaining the latest state -of -the -art water handling and filtration
equipment to meet or exceed the discharge requirements for our customers. Each of our vehicles
have the capability to handle all of our client's recovery and discharge expectations.
iaRecovrX has been in the Steam Cleaning Maintenance business for over 4 years. We currently
provide services to Municipalities, School Districts, Retail, Property Owners and Managers etc...
in the Southern California area. David Dworsky (President), has been in the service business for
25 years. Before RecovrX, he owned a large Landscape Maintenance business for 20 years
before he sold it 5 years ago. Mario Costa (Vice President), operated and owned a Steam
Cleaning company in Orange County for 15 years and has been in the cleaning business for over
qMMr;11l;L 20 years. Stella Jimenez, has 7 years of experience in the Steam Cleaning business, is our Office
"�Ice1'�Ctltq Manager and handles customer service. Most RecovrX employees have at least 5 years of
experience in the steam cleaning business.
We pride ourselves in customer service, service done right and follow up for customer
satisfaction after each and every job. As for our employees, we have safety meeting on a weekly
basis. Workers are trained on safety first and example, placing cones and barricades where
18001 So. Figueroa, Unit D • Gardena, California 90248 • 310.323.6960 • Fax 310.323.6961 • recovrxusa.com
Exhibit B
needed before commencing the work at hand. Equipment training is done when the employee is
hired and refresher courses on an ongoing basis. Balboa Village has residential and certain
operations that open early. Because of this, we will run more equipment than usual to
accommodate the deterrents. The steam cleaners are 3000 PSI at 200 Degrees of heat with
pressure control. We will also use the latest in technology with an electric steam cleaner for
areas needed because of residential concerns.
All of RecovrX employees have been trained properly on coning off the area and sand bagging
the storm drains. Once the work has commenced, we have one worker steam cleaning and one
worker vacuuming besides the sand bags, preventing any water from entering into the storm
drain. Once the job is done, we then go back, wipe down and squeegee clean any windows that
get wet. This eliminates any merchant complaints about getting their windows wet.
The waste -water is a sensitive issue. It is vacuumed and sent to our recyclers. The recyclers
clean the waste -water from 50 microns to 20 microns to 5 microns for reuse in the steam
cleaning process. Waste -water and sludge that has been collected throughout the job is hauled
back to our company yard. We then place the contaminants into a 55- gallon drum for Infinity
Environmental to haul away. These drums are taken to a class II non - hazardous dumpsite for
disposal. On file and upon request, we can provide you, the customer a copy of the manifest at
any time.
RecovrX will famish all materials and equipment needed to execute this contract. Each of our 9
vehicles carry a steam cleaner, portable steam cleaner in case one breaks down, generator and
recycling and vacuum system.
Managing this contract will be strategically put into place in this order. The direct contact will
be Mario Costa, 20 years of experience in steam cleaning services, he will maintain constant
contact with Rick Greaney on all work that is being done, as well as customer service and
merchant complaints if any. Armando Ruiz, 10 years of experience, will take on the scheduling,
coordinating the crews and constant supervision and will also supply Rick Greaney with weekly
reports and monthly schedules. Stella, Office Manager with 7 years of experience, will take on
customer service and billing. Any complaints, emergencies or questions, Stella will answer or
direct them to Mario Costa or Armando Ruiz immediately.
Our emergency numbers are as follows, 310 - 930 -8647 or Armando Ruiz 310 - 930 -8735 these
numbers work for after hours, during business hours 310 -323 -6960. Any emergencies or
complaints will be taken care of within 1 to 2 hours. "We nride ourselves in Customer
Service ".
• . Exhibit B
Public Aeencies We Currently Provide Services To:
*City of Newport Beach (2 year performing service)
Contact: Rich Greaney 949 - 644 -3067
*City of Huntington Beach (13 years performing service)
Contact: Larry Neishi (Public Works) 714 -536 -5287
Jim Jones (Tree and Landscape) 714- 960 -8861
17371 Gothard Street
Huntington Beach, CA
• Steam clean Main Street 2x/month
• Janitorial at Pier Plaza Daily
• Steam clean Pier Plaza IxAveek
*City of Orange (3 years performing service)
Contact: Bob Vonshilmonmen (Public Works) 714 -532 -6487
John Lurcher (Street Maintenance) 714 -532 -6544
637 W. Struck Avenue
Orange, CA
• Steam clean Glassell and Chapman Ix/month
• Train Depot Ix/month
• Plaza every other month
• All Restaurant sidewalks Ix/week
*City of Manhattan Beach
Contact: Juan Price 310- 802 -5310
3621 Bell Avenue
Manhattan Beach, CA
o Steam clean on an as needed basis
Contract Schedule (Scope of Work)
Dav l:
Phase I Lithocrete: Balboa Market has to be done first thing with one machine because they
bring out table and chairs early morning as well as the restaurants located on Main Street and
Bay Avenue. Once those are done we will place one machine on Phase 1 lithocrete on Balboa
Avenue and one machine on Phase 2 lithocrete on Main Street. Finishing those two streets we
will have one machine on the pier phase one lithocrete.
• 0 Exhibit B
Day 2:
Phase 2 Lithocrete: We will commit one machine on the Phase 2 lithocrete patterned on the
boardwalk. We will be sensitive to the residents that live in and around these areas. We will be
using the electric steam cleaners where necessary. Another machine will be on the side's streets
of phase 2 lithocrete, which are Palm and Washington Avenue. The job will be done on
Mondays and Tuesdays.
Once Per Month:
We will steam clean designer concrete on Main Street once per month. All work to be steam
cleaned, will be done utilizing state -of -the -art recycling equipment simultaneously while
cleaning.
Thank you for the opportunity to bid your project. We look forward to continuing to service
your cleaning needs. Please feel free to call me if you have any questions 310 - 323 -6960.
Sincerely Yours,
David Dworsky
President, CEO
• •
ATTACHMENT C
BID COSTS
5 Months 7 Months 12 Months
SCRIPTION OF WORK (May 1 - Sept. 30) (Oct 1. - April 30) (Oct. 1 - Sept. 30)
1. Steam Clean Lithocrete Sidewalks (64,793 sq.
a. Once per week
b. Once every other week
Steam Clean Designer Roadway (9,104 sq. ft.)
a. Once per Month
otal Prevailing Wage Bid (Items I and II):
$136,203
FL_t
12
0
UNIT PRICES
EXHIBIT D
11
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
Sidewalk Steam Cleaning
$.049 /per square foot
Roadway Steam Cleaning $.18 /per square foot