HomeMy WebLinkAboutC-4502 - Agreement for Street Sweeping Servicesi44
AMENDMENT NO. ONE TO AGREEMENT FOR
STREET SWEEPING SERVICES BETWEEN
THE CITY OF NEWPORT BEACH AND
ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES
THIS AMENDMENT NO. ONE TO AGREEMENT ("Amendment No. One') is
made and entered into as of this 18th day of April, 2016 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City'), and Arakelian Enterprises, Inc. a California corporation doing
business as ATHENS SERVICES ("Contractor"), whose address is 14048 Valley Blvd.,
City of Industry, CA 91716, and is made with reference to the following:
RECITALS
A. On April 27, 2010, City and Contractor entered into an Agreement ("Agreement")
for Street Sweeping Services ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services'
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONTRACTOR
The first paragraph in Section 4 of the Agreement shall be amended as follows
by adding the underlined text thereto: "City shall pay Contractor an amount not to
exceed Four Hundred Nineteen Thousand Nine Hundred Sixty Dollars and 001100
($419,960.00) per year, subject to the CPI adjustment after the first year,- throu-gh_ the
effective date.of Amendment No, -One. As of-the-effective_date. of. Amendment. No... One,
City--shall-__pay_. Contractor..an..amount not..tO_.exceed Four- Hundred Thirty .No..
Thousand. Four. Hundred Sixty. Dollars. and 00/100 (�438,460:OOj.per.year,. subject.to
the.same.CPI. adtustment-schedule that existed.pnor to the_effective_date of Amendment
No. One. Contractor shall submit invoices to City on a monthly basis. City shall pay
.................
approved monthly 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 the section entitled "Notices"."
The total amended compensation reflects Contractor's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighteen Thousand Two Hundred Forty Two Dollars and 441100 ($18,242.44) per
year.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
ATHENS SERVICES Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: -
aron C. Harp
City Attorney
ATTEST:
Date:
44,-
BY ` -
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: S - X - \.%,.
By: �-
DaveK-iff
City Manager
CONTRACTOR: Arakelian Enterprises,
Inc. a California corporation doing
business as ATHENS SERVICES
Date:
By:
Gary,Clifford
Executive V�ic/e, President
Date: �`"
By. ��
vin Hanifin
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
ATHENS SERVICES Page 3
EXHIBIT A
SCOPE OF SERVICES
ATHENS SERVICES A-1
SCOPE OF WORK
In additions to the scope of work of the original agreement the following items will be
added:
• Three extra sweeps per week for Marine Avenue on Balboa Island.
Four extra sweeps per week for Corona Del Mar State Beach parking lot from
Memorial Day to Labor Day.
• Weekend (Sunday) sweeping of the business districts (Newport
Peninsula/Balboa Village/CDM) from Memorial to Labor Day.
The total cost for the additional services shall be $18,242.44 per year.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/6/18
Date Completed: 11/7/18 Sent t
Company/Person required to have certificate:
Type of contract:
Dept./Contact Received From:
o: Joan
Joan
By: Jan
Athens Services, Inc. / Street Sweeping
All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/1/18 — 3/1/19
A.
INSURANCE COMPANY: AIG Specialty Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M + $3M Excess
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
❑ N/A ® Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ❑ Yes ® No
H.
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/1/18 — 3/1/19
A.
INSURANCE COMPANY: Greenwich Insurance Company
B.
AM BEST RATING (A-: VII or greater) A / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$5,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
❑ N/A ® Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/1/18 — 3/1/19
A. INSURANCE COMPANY: XL Insurance America Inc
B. AM BEST RATING (A-: VII or greater): A / XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO. WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
11/7/18
Date
® Yes ❑ No
® Yes ❑ No
$1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed due to GL carrier being non -admitted. Sheri Approved non -admitted carrier
6/5/17. Risk Management approval needed for $250,000 Auto Liability deductible and $1,000,000 Workers
Compensation deductible. 11/5/18 Risk Management approves Work Comp deductible. 11/7/18 Risk
Manaaement aDDroves Auto Liabilitv deductible.
Approved:
Risk Management Date
* Subject to the terms of the contract.
AGREEMENT FOR STREET SWEEPING SERVICES BETWEEN THE
CITY OF NEWPORT BEACH AND ARAKELIAN ENTERPRISES, INC.
d /b /a ATHENS SERVICES
THIS AGREEMENT FO STREET SWEEPING SERVICES ( "Agreement') is
entered into this TM. day of r1 1 2010, by and between the City of Newport Beach,
a California Municipal Corpor tion and Charter City ( "City'), and, Arakelian Enterprises,
Inc, a California Corporation doing business as Athens Services located at 14048 Valley
Blvd., City of Industry, CA 91716 ( "Contractor "), and is made with reference to the
following:
RECITALS
WHEREAS, the City desires to obtain contract services for the sweeping of six
hundred and fifty -five (655) curb miles of City streets on a weekly basis.
WHEREAS, on January 12, 2010 a Request for Proposals ( "RFP ") requesting
proposals for the sweeping of City streets was mailed to firms performing this service.
WHEREAS, the Contractor has been deemed to be the most qualified to perform
the services out of those firms which responded to the RFP.
WHEREAS, the Contractor desires to enter into this 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, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Unless earlier terminated in accordance with Section 20 of this Agreement, the initial
term of this Agreement shall be for a period of five (5) years. The initial term shall
commence on June 1, 2010, after City Council approval of this Agreement, and upon
receipt and approval of all required certificates of insurance.
The term of this Agreement shall automatically be extended for five (5) additional one
(1) year terms with the extensions to automatically commence upon the expiration of the
initial term or any extended term, unless the City notifies Contractor in writing at least
ten (10) days before the end of the initial term or any extended term, of its intent to
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terminate this Agreement at the conclusion of the initial term or any extension. Time is
of the essence in the performance of services under this Agreement. The term of this
Agreement shall not extend beyond May 31, 2020, without a separate Agreement.
2. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict compliance
with the Scope of Work ( "Contract Services ") as described in the RFP's Description of
Project, attached hereto as Exhibit "A ", and the Contractor's proposal, attached hereto
as Exhibits "B" and "C ", and incorporated herein by reference. In the event there are
any conflicts or inconsistencies between this Agreement and the Scope of Services or
any other attachments attached hereto, the terms of this Agreement shall govern.
The Contract Services shall be performed in accordance with the frequency as specified
in the RFP and Contractor's proposal. City shall have the right to alter frequency of
sweeping as necessary, including reducing the frequency to twice- monthly sweeping.
The City shall notify Contractor in writing of its intent to do so at least thirty (30) days
prior to the effective date of the reduction of sweeping frequency.
City shall implement a phased approach to transition to Contractor - provided services.
The City's General Services Department Director or his /her designee ( "City's
Administrator ") shall approve the geographic boundaries, duration, and number of
phases that describe Contractor's assigned areas of responsibility based upon the
performance of Contractor. All areas not assigned to Contractor shall remain the sole
responsibility of the City.
3. WORKMANSHIP. SUPERVISION, AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the Contract Services
and all members of the work force shall be legally allowed to work in the United
States.
B. All Contract Services shall be performed by competent and experienced employees.
Contractor shall be responsible for compliance with all local, state, and federal laws
and regulations. Contractor shall employ or retain, at its sole cost and expense, all
professional and technical personnel necessary to properly perform Contract
Services.
C. The Contractor shall establish, implement and maintain written operating procedures
designed to ensure the work forces' utilization of techniques generally accepted for
cities of the size and nature of the City. A current copy of the operating procedures
shall be provided to the City's General Services Department Operations Support
Superintendent or his /her designee ( "Operations Support Superintendent ").
D. The Contractor's 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
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A09 -00741
supervisor assigned must be identified by name to ensure coordination and
continuity.
E. All Contractor personnel working in the outlined areas shall be neat in appearance
and in uniforms as approved by the Operations Support Superintendent when
performing Contract Services. All Contractor personnel shall wear identification
badges or patches. Those contract employees working in or adjacent to traffic
zones shall wear orange vests. Employees shall not remove any portion of their
uniform while working within the City. Employees driving the Contractor's vehicles
shall at all times possess and carry a valid Commercial Drivers License issued by
the State of California, if required for the type of vehicle they drive. If the City's
Administrator determines that any person employed by the Contractor has failed or
refused to carry out the terms of this Agreement, appears to be incompetent, acts in
a disorderly, improper, or unsafe manner, or shows signs of intoxication or other
impairment, instead of initiating termination for breach, the City's Administrator may
notify Contractor, who shall take immediate remedial action, which may include
removing the employee from the job site. Prior to returning a removed employee to
work within the City, the Contractor shall provide in writing the reason for the
individual's behavior and the means used to prevent this behavior from occurring
again. In no event shall Contractor fail to prevent, prohibit, or resolve problems with
its employees working after receiving notice of same from the City. Violation of this
section by Contractor shall be a material breach of this Agreement and may result in
the City terminating the Agreement or temporarily suspending services hereunder,
with Contractor being liable for any resulting costs incurred by the City. No action to
terminate or suspend shall be taken by City until after Contractor is provided notice
and afforded an opportunity to respond or refute the allegations, except that the
City's Administrator may immediately suspend services hereunder if he finds such
action reasonably appropriate to protect the public safety, health or welfare.
F. All work shall be performed in accordance with the highest street sweeping
standards.
G. Complaints received by the City regarding the Contractor's performance will be
transmitted to the Contractor's office in writing, by telephone or facsimile, and
handled by the Contractor's supervisor. Contractor shall provide a follow -up
response to all complaints within twenty -four (24) hours following notification of the
Contractor. A report of the Contractor's investigation and the corrective action taken
shall be made promptly by the Contractor to the City's Administrator. Repeat
complaints may be handled by a joint visit to the site by a City Inspector and the
Contractor's supervisor. Complaints received directly by the Contractor shall be
submitted in writing to the City on the day such complaints are received. Contractor
shall maintain a log of complaints received and corrective actions implemented
which shall be submitted to the City within ten (10) days following the end of the
month.
H. All vehicles and equipment used in conjunction with the work shall be in good
working order and have appropriate safety guards. All vehicles shall bear the
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identification of the Contractor. All vehicles used to perform work under this
Agreement shall conform to AQMD Rule 1186.1.
I. Contractor shall provide a manager to coordinate work with the City's 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.
J. Work within the City by utility and construction companies may be progressing
concurrently with the work under this Agreement. It is the responsibility of the
Contractor to be informed of work planned by these parties and to coordinate street
sweeping work accordingly.
K. The Contractor warrants that it has familiarized itself with all City's streets and curbs
at the time of commencement of this Agreement. Contractor is also familiar with all
existing installations, both public and private, in the area where services shall be
performed under this Agreement. Contractor shall provide adequate safeguards to
prevent damage to existing structures and improvements. Structures or
improvements of any kind, whether public or private, which are removed, damaged
or destroyed in the course of work shall be replaced and /or repaired, at the
Contractor's expense, to the original condition and to the satisfaction of the City.
Failure to have such damages repaired in a timely manner will result in the City
deducting from the Contractor's payment the cost to perform the necessary remedial
work.
The Contractor shall at all times use good sweeping practices as dictated by the
highest standards within the sweeping industry and will make adjustments to its
equipment as necessary. The Contractor must exercise due care so as to prevent
spilling, scattering, or dropping of debris during the sweeping activity and shall
immediately clean up any such spillage, dropping, or scattering. Sweeping practices
include, but are not limited to the following: (1) Sweeping speed shall be adjusted to
street conditions with a maximum speed of six (6) miles per hour; and (2) patterned
concrete medians, intersections, and crosswalks shall be swept at a maximum
speed of three (3) miles per hour. Standards, schedules, and frequencies may be
modified from time -to -time as deemed necessary by the City for the proper
maintenance of the sites. Due to different street widths throughout the City, street
sweeping may require slower travel speed and /or multiple passes by the sweeper, in
many cases, to ensure curb -to -curb coverage of the street. Streets with raised
medians (commercial and residential) shall have their curb -gutter perimeter swept,
including turnouts. Street grade striped medians shall be swept in their entirety. All
deposits within intersections shall be removed as part of the sweeping operations.
Each street shall be swept clean to the adjacent property line. Swept clean means
minimal debris residual or tailings. Any sweeper used must not blow debris onto
private property.
L. The City's Administrator may require the installation of sweeping speed monitoring
devices to record actual vehicle speed during sweeping. All installation and
maintenance expenses shall be the responsibility of the Contractor, further, remote
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I
access to the Contractor's equipment GPS tracking data shall be granted, free of
charge, to the City's Administrator. Sweepers shall be operated as close to parked
cars or other obstacles as safety allows.
M. The Contractor may store, clean, and perform basic preventative maintenance on
vehicles in designated areas of the City's corporation yard. The City shall not be
liable for fire, theft, damage to, or loss of vehicle, or any articles left therein.
N. The City shall use a parking control officer to cite vehicles for parking during posted
street sweeping hours in certain areas. The Contractor shall coordinate sweeping
activities with the Newport Beach Police Department Parking Control Commander or
his /her designee. All costs for coordination are the responsibility of the Contractor,
and no additional compensation will be allowed.
O. The City may at various times and locations temporarily install portable traffic
counting equipment of the type which is activated by vehicles coming in contact with
a hose placed in the roadway. Caution shall be used by the Contractor to avoid
damaging said equipment. If the Contractor, while in the performance of his contract
duties, damages or causes to be damaged any of the aforementioned traffic
counting equipment or appurtenances, the Contractor shall bear the entire cost for
the restoration, repair, inspection, testing or replacement of said damaged
equipment.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor an amount not to exceed Four Hundred Nineteen Thousand
Nine Hundred Sixty Dollars and no /100 ($419,960.00) per year, subject to the CPI
adjustment after the first year. Contractor shall submit invoices to City on a monthly
basis. City shall pay approved monthly 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 the section
entitled "Notices ".
City shall pay Contractor on a pro -rata monthly basis for the duration of the transition
period. Contractor shall submit invoices based on the curb miles of the assigned areas
of responsibilities as a percentage of the total curb miles.
Upon the first anniversary of the Commencement Date and upon each anniversary of
the Commencement Date thereafter, the rate to be paid by the City as set forth in
Exhibits "B" and "C" shall be adjusted in proportion to changes in the Consumer Price
Index, subject to the 3.0% maximum adjustment increase set forth below. Such
adjustment shall be made by multiplying the original Rate by a fraction, the numerator of
which is the value of the Consumer Price Index for the calendar month three (3) months
preceding the calendar month for which such adjustment is to be made and the
denominator of which is the value of the Consumer Price Index for the same calendar
month one (1) year prior. For example, if the adjustment is to occur effective June 1,
2010, the index to be used for the numerator is the index for the month of March 2010
and the index to be used for the denominator is March 2009. The "Consumer Price
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Index' to be used in such calculation is the Consumer Price Index, All Urban
Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics (1982
84 = 100). If both an official index and one or more unofficial indices are published, the
official index shall be used. If said Consumer Price Index is no longer published at the
adjustment date, it shall be constructed by conversion tables included in such new
index. In no event, however, shall the amount payable under this agreement be
reduced below the Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made in proportion
to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate in effect
immediately preceding such adjustment.
5. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting
the work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractor's
employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the services.
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
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any work performed or services provided under this Agreement (including,
without limitation, defects in workmanship and /or materials) or Contractor's presence or
activities conducted performing the work (including the negligent and /or willful acts,
errors and /or omissions of Contractor, its principals, officers, agents, employees,
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A09 -00741
vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
8. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification of
insurance shall be kept on file with City at all times during the term of this
Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall
sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A (or
higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's
Risk Manager.
D. Coverage Requirements
L Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California; however, in no
event shall the Employer's Liability Insurance be less than one million dollars
($1,000,000) per occurrence. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30)
calendar days (10 calendar days written notice of non - payment of premium) prior to
such change. The insurer shall agree to waive all rights of subrogation against City,
its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than two million dollars ($2,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
A09 -00741
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the
Contractor arising out of or in connection with work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented vehicles,
in an amount not less than two million dollars ($2,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability, employer's liability and automobile liability
insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insured's with respect to liability arising
out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers as
respects to all claims, losses, or liability arising directly or indirectly from the
Contractor's operations or services provided to City. Any insurance maintained by
City, including any self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after thirty (30)
calendar days (10 calendar days written notice of non - payment of premium) written
notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim
made or suit instituted arising out of or resulting from Contractor's performance
under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
L13
A09 -00741
9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
10.
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 shall 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.
A. All Contractor's books and other business records, or such part as may be used in
the performance of this Agreement, shall be subject to inspection and audit by any
authorized City representative during regular business hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require, provide reports
concerning the status or cost of services required by this Agreement.
D. The Contractor is required to keep a daily log of all streets swept, including the name
and location of the streets and the number of curb -miles swept, along with a
description of any special services performed. The log shall be signed by the
Supervisor on a daily basis. Each month, a report shall be prepared from the daily
log, giving a brief description of all routine, special event, and emergency activities.
The log report shall be attached to the monthly invoice submitted to the City's
Administrator. A phone log will be submitted monthly of all calls from the City of
Newport Beach General Services Department and the City of Newport Beach Police
Department to the Contractor, whether or not those calls require a request for
service and a description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such
records. Contractor shall maintain and allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement for a period of three (3) years
from the date of final payment under this Agreement.
7
A0Q -00741
11. ADMINISTRATION
A. This Agreement will be administered by the General Services Department. The
City's Administrator shall have the authority to act for the City under this Agreement.
The City's Administrator shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor to
complete the work contemplated by this Agreement. City also agrees to provide all
such materials in a timely manner.
12. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional /emergency services as requested by the City's
Administrator. The City's Administrator may give verbal authorization for
additional /emergency services, prior to performance of the work, up to One
Thousand Dollars ($1,000.00). Contractor shall obtain written authorization from the
City's Administrator prior to the performance of any additional /emergency services
that exceed One Thousand Dollars ($1,000.00). Additional services, shall be billed
in accordance with the per mile unit cost proposed by the Contractor in Exhibit "C."
B. City reserves the right to withdraw certain locations from the Scope of Work to be
performed by Contractor pursuant to this Agreement. City shall notify Contractor in
writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the scope of
work, compensation to Contractor shall be reduced in accordance with the
Contractor's unit costs specified in Exhibit "C." In the event the location is withdrawn
for a period of less than a full year, Contractor's compensation shall be reduced on a
prorated basis.
13. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its duration, or
the value of the work done, or of any work omitted, or of any extra work which
Contractor may be required to do, or respecting any payment to Contractor during the
performance of the Agreement, such dispute shall be decided by the City Manager, or
his designee 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's
Administrator.
If(
A09 -00741
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 the work.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 ( "Act "), which (1) requires such persons to disclose
financial interest that may foreseeable be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating
in making, decisions that will foreseeable financially affect such interest. The
Contractor will provide a completed disclosure form noting the above. Contractor will
comply with the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure
to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The Contractor shall indemnify and hold harmless the City
for any claims for damages resulting from the Contractor's violation of this Section.
19. NOTICES
All notice, demands, requests or approvals to be given under this Agreement must be
given in writing and will be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be addressed
to City at:
11
A09 -00741
Attn: Mark Harmon
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attn: Ron Arakelian, Jr.
Athens Services
14048 Valley Blvd.
City of Industry, CA 91716
20. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the provisions of this
Agreement in the manner required or if Contractor violates any provisions of this
Agreement, Contractor shall be deemed in default. If such default is not cured within
a period of two (2) working days, or if more than two (2) working days are
reasonably required to cure the default and Contractor fails to give adequate
assurance of due performance within two (2) working days after Contractor receives
written notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided in this
Agreement or authorized by law, terminate this Agreement by giving written notice of
termination.
B. This agreement may be terminated without cause by City upon thirty (30) days
written notice. Upon termination, City shall pay to Contractor that portion of
compensation specified in the Agreement that is earned and unpaid prior to the
effective date of termination. In the event that funds are not budgeted for services in
future years, the City shall terminate upon seven (7) days written notice. Upon
termination, City shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective date of termination. The
Contractor may only terminate the Agreement in the event of nonpayment by the
City. In the event of nonpayment of undisputed sums by the City, Contractor shall
give the City thirty (30) days written notice thereof and the City shall have fifteen (15)
working days to cure the alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law,
City shall have the right to withhold all or a portion of Contractor's compensation for
contract services if, in the judgment of the City's Administrator, the level of sweeping
falls below appropriate sweeping standards and /or Contractor fails to satisfactorily
perform contract services. City shall have the right to retain funds withheld until the
City's Administrator determines that contract services are performed as well and as
frequently as required by this Agreement.
it,
A09 -00741
21. COMPLIANCE WITH LAW
All services rendered hereunder by Contractor shall be provided in accordance with all
ordinances, resolutions, statutes, rules, and regulations of the City and any Federal,
State or local governmental agency having jurisdiction in effect at the time service is
rendered.
22. LICENSES, FEES, PERMITS AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against
any such fees, assessments, taxes penalties or interest levied, assessed or imposed
against City hereunder.
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.
25. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
26. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
27. CONTROLLING LAW AND VENUE
Except for payment disputes governed by Section 13, the laws of the State of California
shall govern this Agreement and all matters relating to it and any action brought relating
to this Agreement shall be adjudicated in a court of competent jurisdiction in the County
of Orange.
13
A09 -00741
28
29.
30
INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Work or any other attachments attached hereto, the terms of this Agreement
shall govern.
NO ATTORNEYS' FEES
In the event of any dispute under this Agreement the prevailing party shall not be
entitled to attorneys' fees.
A09 -00741
[SIGNATURES ON NEXT PAGE]
14
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
y:
L ie ulvihill, R
Acting City Attorney
ATTEST:
I
l;u , —
By:
Leilani Brown,
City Clerk /e�W'�®
F
Attachments:
;'PaRNl'�
CITY OF NEWPORT BEACH
A Municipal Corporation
By. LPA
Keith D. Curry,
Mayor
CONTRACTOR
By:
Ro
Ch,
By:
Mic
Secretary
[END OF SIGNATURES]
Exhibit "A" — Description of Project
Exhibit "B" — Total Annual Cost Form
Exhibit "C" — Unit Price Form
15
A09-00741
EXHIBIT "A ": SCOPE OF WORK
City of Newport Beach - Request for Proposal
Street Sweeping
ATTACHMENT : DESCRIPTION OF PROJECT
I. SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perform maintenance
as described herein including, but not limited to, the following:
Using a modern regenerative air street sweeper, thoroughly sweep each improved
street in the City on a weekly or twice monthly basis.
II. DEFINITIONS
a. Curb Mile — measurement of curbing of streets and medians
b. Linear Mile — measurement of actual miles driven in order to satisfactorily
clean streets to the City standard, which may require multiple passes
depending on condition and width of street
c. Curb -to -Curb — area within the curb limits of the street including medians,
intersections, and street ends
d. Holiday — all days observed by the City as holidays including: New Year's
Day, Martin Luther King Jr Day, Presidents' Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving (including the
following Friday), Christmas Eve & Christmas Day, New Year's Eve.
e. Inclement Weather — weather conditions that prohibit the effective
operation of sweeping operations
f. Debris — litter, rubbish, leaves, sand, dirt, garbage, and other foreign
material
g. Street — all paved dedicated public rights -of -way within the existing or
future corporate limits of the City
h. Re -sweep — sweep required when previous sweeps are deemed by the
City to be below standard or when a street or sections of a street are
missed during regularly scheduled operation
i. Special Sweep — sweep involving unusual conditions such as traffic
hazards, parades, and similar events billed at an hourly rate including
travel time. If appropriate, prior approval from General Services Director or
designee is required
j. Travel Speed — sweeper operator must maintain a speed of no more than
six miles per hour while the sweeping broom is lowered in the operating
position
City of Newport Beach - Request for Proposal
Street Sweeping
111. WORKING HOURS
All sweeping activities shall be completed by 2:00 PM, Monday through Friday
unless prior approval is given by the Operations Support Superintendent. Typically
sweeping occurs no earlier than 4:00 AM, except in designated areas in which
sweeping begins at 3:00 AM.
Approval of Contractor schedule will be at the sole discretion of the City.
IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest maintenance standard.
Standards, schedules, and frequencies may be modified from time to time as
deemed necessary by the City for the proper maintenance of the sites. Due to
different street widths throughout the City, street sweeping may require slower
travel speed and /or multiple passes by the sweeper, in many cases, to ensure
curb -to -curb coverage of the street. Streets with raised medians (commercial and
residential) shall have their curb -gutter perimeter swept, including turnouts. Street -
grade striped medians shall be swept in their entirety. All deposits within
intersections shall be removed as part of the sweeping operations. Each street
shall be swept clean to the adjacent property line. Swept clean means minimal
debris residual or tailings. Any sweeper used must not blow debris onto private
property nor drain water onto the street from the rear hopper. Sweeper shall travel
with the direction of traffic at all times.
A significant number of City streets are posted no parking for street sweeping
during designated hours on various days of the week. It is imperative that the
Contractor maintain a firm schedule for sweeping posted streets, as the Contractor
is required to coordinate sweeping operations with Parking Control Officers from
the Newport Beach Police Department.
The Contractor is required to sweep parking lots, including the City Utilities and
Corporation Yards, adjacent to streets along the scheduled route.
An acceptable alternative to hand sweeping, for locations such as street ends and
portions of parking lots, will be considered. Any alternative must be included in this
proposal and approved by the Operations Support Superintendent.
The Contractor is required to correct deficiencies within the time specified by the
City. Re- sweeps of the deficient area will not be billed to the City. If noted deficient
work has not been completed, payment for subject deficiency shall be withheld for
current billing period and shall continue to be withheld until deficiency is corrected,
without right to retroactive payments.
The Contractor shall perform 150 curb miles of special event sweeps "free -of-
charge" for each contract year at the request of the City. These sweeps are not re-
City of Newport Beach - Request for Proposal
Street Sweeping
sweeps of an area not done properly but rather an additional sweep that is not part
of the regular schedule. These may be used to clean before and after traffic
hazards, parades, and similar events, or for any reason that the City chooses.
The Contractor shall perform 250 curb miles of inclement weather sweeps
"free -of charge" for each contract year at the request of the City. These sweeps
are not re- sweeps of an area not done properly but rather an additional sweep that
is not part of the regular schedule.
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 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.
V. TERM OF CONTRACT
Unless earlier terminated as allowed for in the Agreement, contract term shall be
for a period of five (5) years. The term is intended to commence in April 2010, after
City Council approval of this contract, and upon receipt and approval of all required
bonds and insurance.
The term of this Agreement shall automatically be extended for up to five (5)
additional one (1) year terms with the extensions to automatically commence upon
the expiration of the initial term or any extended term, unless the City notifies
Contractor in writing at least thirty (30) days before the end of the initial term or any
extended term, of its intent to terminate the Agreement at the conclusion of the
initial term or any extension. Time is of the essence in the performance of services
under this Agreement.
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 one monthly meeting with the
Contractor and the City representative to determine progress and to establish
areas needing attention. A status report of activities performed and maintenance
issues addressed by the Contractor 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
City of Newport Beach - Request for Proposal
Street Sweeping
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 Description of Project is intended to cover all labor, material and standards of
workmanship to be employed in the work called for in this work plan or reasonably
implied by terms of same. Work or materials of a minor nature which may not be
specifically mentioned, but which may be reasonably assumed as necessary for
the completion of this work, shall be performed by the Contractor as if described in
the specifications.
VIII. CORRESPONDENCE
All correspondence shall be addressed to Jim Auger, Operations Support
Superintendent, General Services Department, City of Newport Beach, P.O. Box
1768, Newport Beach, 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 in writing before the
work is commenced. The Contractor will be required to provide before and after
photographs of safety items or emergency repairs. Documentation of contract
compliance may be required on some occasions.
X. WATER
The Contractor will be issued water meter(s), which must be utilized when filling
equipment from City fire hydrants. The Contractor will be responsible for the
deposit required to obtain the water meter(s) and all charges stemming from the
use of City water.
XI. DISPOSAL
Disposal of sweeping debris at the City Corporation Yard will be permitted.
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
.. ..........
City of Newport Beach - Request for Proposal
Street Sweeping
deems to be beyond the scope of the contract. Payment for this work will not be
authorized unless the additional work and the costs thereof are first approved by
the City. A phone log 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) days of the effective date of an executed
agreement, prepare and submit a written sweeping schedule to the Operations
Support Superintendent. This schedule shall clearly identify the sweeping tasks
required by this agreement and 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 and allow residents to
move vehicles, etc., to further ease the sweeping of streets.
The Contractor shall permit the City to inspect and audit its books and records
regarding City - provided services 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 thirty (30) minutes from
receiving notification.
XIV. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response time of
the job site and provide the office with phone service during normal working hours.
During all other times, a telephone answering service shall be utilized and the
answering service shall be capable of contacting the Contractor by radio or pager.
Contractor shall have a maximum response time of thirty (30) minutes to all
emergencies. The on -site storage of equipment used exclusively for providing
service within the City will be permitted. Contractor will have full responsibility for
maintaining an office and a yard.
City of Newport Beach - Request for Proposal
Street Sweeping
Xv. SCHEDULES
A. Phased Implementation
1. The sweeping operations shall be implemented utilizing a phased approach in
which contract staff will assume incremental responsibility of sweeping areas of
the city over the course of approximately 12 months. The City will only pay for
the phase(s) actually assigned to and being swept by the Contractor. The City
reserves the right to extend each phase if necessary.
2. City staff shall remain responsible for areas of the city that are not specifically
assigned to contract staff.
B. 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 each functional area in a
manner which shall correspond to the twice per month schedule.
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.
C. Monthly Schedule
1. Monthly schedule forms shall be provided by the Contractor indicating the
major items of work to be performed in accordance with the performance
requirements and further delineate the time frames for accomplishment by day
of the week and by morning and afternoon.
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.
City of Newport Beach - Request for Proposal
Street Sweeping
6. The Contractor shall adjust his /her schedule to compensate for all holidays and
rainy days. Maintenance and litter removal shall he scheduled for all 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.
XVI. 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.
4. The Contractor shall perform 250 curb miles of inclement weather sweeps
"free -of charge" for each contract year at the request of the City. These sweeps
are not re- sweeps of an area not done properly but rather an additional sweep
that is not part of the regular schedule.
EXHIBIT "B ": TOTAL ANNUAL COST FORM
City of Newport Beach — Request for Proposal
Street Sweeping
ATTACHMENT E: TOTAL ANNUAL COST FORM
ROUTE Total Annual Cost I Total Annual Cost
(52 Weekly sweeps) (24 Twice monthly sweeps)
i
Phase 1 (191.5 curb miles) $ 122,782 $67,233.
i
Phase ii (139:3 curb miles) $89.314 $ 48;911
Phase 111 (94 curb miles)_ $60,269 $ 33,005
1
I
Phase 1V (107.3 curb miles) l $68,796 $ 37,675
I � �
1 Phase V (122.5 curb miles) $ 78,799 $ 43,153
i
Tatat Anpual Cost $ 418,860 $ 229,983
Annual Per Curb Mile Cost
(ToW7}Innuat CosU655 Curb m!!es $641 � $331
I
N
EXHIBIT C: UNIT PRICE FORM
City of Newport Beach — Request for Proposal
Street Sweeping
ATTACHMENT F: UNIT PRICE FORM
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 may enter into the determination of the
contract award. Unit prices listed below refer to all services and include all costs
connected with such services; including but not limited to, materials, labor,
overhead, and profit for the contractor,
The unit prices 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.
All work shall be performed in accordance with specifications described in the
RFP.
WORK DESCRIPTION Unit Price Unit Price
(52 Weekly sweeps) (24 Twice monthly sweeps)
Curb mile for additional scheduled
sweeps (i e. annexation) ( $ 12.33 $ 14,83
€I j
Curb mile for additional special I
sweeps (i.e. event emergency) $ 14.83 $ 17.13
C -1