HomeMy WebLinkAboutC-4535 - Agreement for Sidewalk Steam Cleaning ServicesAGREEMENT FOR SIDEWALK STEAM CLEANING SERVICES
WITH HYDROBI_AST,t INC.
THIS AGREEMENT, entered into this 111day of �w 2010, by and between the
City of Newport Beach, a California Municipal Corporation and Charter City ("City"),
and, HydroBlast, Inc., a California Corporation located at 726 W. Angus Ave., Unit G,
Orange, CA 92868 ("Contractor"), is made with reference to the following recitals:
RECITALS
WHEREAS, the City desires to contract for services for the steam cleaning of
227,030 square feet of sidewalks, pavement, piers, trash cans, benches, and bus
canopies on a twice -weekly to quarterly basis.
WHEREAS, on April 1, 2010 a Request for Proposals ("RFP") requesting
proposals for the steam cleaning 227,030 square feet of sidewalks, pavement, piers,
trash cans, benches, and bus canopies was mailed to firms performing this service.
WHEREAS, Contractor was deemed to be the most qualified to perform the work
out of those firms which responded to the RFP.
WHEREAS, the Contractor desires to enter into this Agreement to provide
services to the City and acknowledges that the City has relied upon its representations
in response to the RFP 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:
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Unless earlier terminated in accordance with Section 20 of this Agreement, the initial
term of this Agreement shall be for a period of two (2) 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 be extended for three (3) 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 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 the Agreement shall
not extend beyond May 31, 2015, without a separate Agreement.
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Contractor shall perform the services specifically described in, and in strict compliance
with the Scope of Work ("Contract Services" or "Work') as described in the RFP's
Description of Project, attached hereto as Exhibit A, the Contractor's Total Annual Cost
proposal, attached hereto as Exhibit B, and the Contractor's Unit Price Form attached
hereto as Exhibit C, and all incorporated herein by reference. The Contract Services
shall be performed at least as frequently as specified in the Scope of Work and
Contractor's proposal. City shall have the right to alter the frequency of maintenance as
necessary.
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 authorized to work in
California.
B. All Contract Services shall be performed by competent and experienced
employees. Contractor shall be responsible for actions of its employees while
performing Contract Services. 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 of Newport Beach.
A current copy of the operating procedures shall be provided to the City's
General Services Department Operations Support Superintendent ("Operations
Support Superintendent").
D. The Contractor's work force shall include a thoroughly skilled, experienced, and
competent supervisor ("Contractor's 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 by City shall be
deemed delivered to the Contractor. The supervisor assigned must be identified
by name to ensure coordination and continuity.
E. All of Contractor's employees ("Employees") 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 Employees shall wear
identification badges or patches. Those Employees working in or adjacent to
traffic zones shall wear orange vests. Employees shall not remove any portion of
their uniform while working within the City. Employees driving the Contractor's
vehicles shall at all times possess and carry a valid Commercial Drivers License
issued by the State of California. If the City's Administrator (as defined in Section
11) 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 Administrator
may notify Contractor, who shall take immediate remedial action, which may
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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 maintenance
standards.
G. Complaints received by the City regarding the Contractor's performance will be
transmitted to the Contractor's office in writing, by mail or facsimile, and handled
by the Contractor's Supervisor. City shall receive a follow-up response from
Contractor within twenty-four (24) hours following notification of the Contractor of
any complaint. A report of the Contractor's investigation and the corrective
action taken shall be made promptly by the Contractor to the City 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 (mowers, etc.). All vehicles
shall bear the identification of the Contractor.
1. 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.
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
steam cleaning work accordingly.
K. The Contractor warrants that it has familiarized itself with all City's Lithocrete
sidewalks, designer roadways, concrete Piers (Balboa and Newport Piers),
roadways, trash cans, benches, and bus canopies 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
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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 maintenance practices as dictated by
the highest standards within the maintenance 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 steam cleaning
activity and shall immediately clean up any such spillage, dropping, or scattering.
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 materials and debris throughout the City, steam cleaning may require
slower cleaning speed and/or multiple passes. Streets with raised medians
(commercial and residential) shall have their curb -gutter perimeter swept,
including turnouts. Any steam cleaning equipment used must not deposit debris
onto private property.
L. 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 One Hundred Seventy Nine
Thousand Forty Dollars and No/100 ($179,040.00) per year, subject to the Consumer
Price Index adjustment after the first year, as further defined below. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the United
States mail, first class postage pre -paid, and addressed to Contractor as specified in
Section entitled "Notices".
Upon the first anniversary of the Commencement Date and upon each anniversary of
the Commencement Date thereafter, the rate to be paid by the City as set forth in
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 (Ail Items) for the Los Angeles Anaheim Riverside Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics (1982
84 = 100). If both an official index and one or more unofficial indices are published, the
official index shall be used. If said Consumer Price Index is no longer published at the
adjustment date, it shall be constructed by conversion tables included in such new
index. In no event, however, shall the amount payable under this agreement be
reduced below the Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made in proportion
to changes in the Consumer Price Index, shall not exceed 3..0% of the Rate in effect
immediately preceding such adjustment.
5. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting
the work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractor's
employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Contractor as to the details of
the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance or to exercise a measure of control over
Contractor shall mean only that Contractor shall follow the desires of City with respect to
the 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,
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without limitation, defects in workmanship and/or materials) or Contractor's presence or
activities conducted performing the work (including the negligent and/or willful acts,
errors and/or omissions of Contractor, its principals, officers, agents, employees,
vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties, Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise
from or in connection with the performance of the work hereunder by Contractor,
his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Contractor's bid.
B. 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,
C. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least One Million Dollars and no/100 ($1,000,000.00)) for
Contractor's employees in accordance with the laws of the State of California,
Section 3700 of the Labor Code. in addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation insurance and
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Employer's Liability Insurance in accordance with the laws of the State of
California, Section 3700 for all of the subcontractor's employees.
Any notice of cancellation or non -renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (ten (10)
calendar days written notice of non-payment of premium) prior to such
change.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than Two Million Dollars and no/100
($2,000,000.00) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability.
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 and no/100
($2,000,000.00) combined single limit for each accident.
D. Other Insurance Provisions or Requirements
The policies are to contain, or be endorsed to contain, the following provisions:
L Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
ii. Enforcement of Agreement Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
iii. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
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iv. Notice of Cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with thirty (30) days notice of
cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
v. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suts instituted that arise out of or result from Contractor's
performance under this Agreement.
vi. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any attempted
or purported assignment without consent of City shall be null and void.
Contractor acknowledges that these provisions relative to assignments are
commercially reasonable and that Contractor does possess special skills,
abilities, and personnel uniquely suited to the performance of Contract Services
and any assignment of this Agreement to a third party, in whole or in part, could
jeopardize the satisfactory performance of Contract Services. Contractor may not
employ any subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of Contractor, of the interest of any general partner or
joint venture which shall result in changing the control of Contractor, shall be
construed as an assignment of this Agreement.
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 areas cleaned, including the
name and location of the streets, along with a description of any special
cleanings 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 cleanings, and emergency activities. The log
report shall be attached to the monthly invoice submitted to the Contract Officer,
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A phone log will be submitted monthly of all calls from the City of Newport Beach
General Services Department and the City of Newport Beach Police Department
to the Contractor, whether or not those calls require a request for service and a
description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to be
performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative
of City during normal business hours to examine, audit, and make transcripts or
copies of such records. Contractor shall maintain and allow inspection of all work,
data, documents, proceedings, and activities related to this Agreement for a
period of three (3) years from the date of final payment under this Agreement.
11. ADMINISTRATION
A. This Agreement will be administered by the City's General Services Department.
The General Services Director or his/her designee shall be considered the City's
Administrator and shall have the authority to act for the City under this
Agreement. The City Administrator or his/her authorized representative shall
represent the City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor to
complete the work contemplated by this Agreement. City also agrees to provide
all such materials in a timely manner.
12. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional/emergency services as requested by the
Administrator. The Administrator may give verbal authorization for
additional/emergency services, prior to performance of the work, up to One
Thousand Dollars and no/100 ($1,000.00). Contractor must obtain written
authorization from the City Administrator prior to the performance of any
additional/emergency services that exceed One Thousand Dollars and no/100
($1,000.00). Additional services, may be billed in accordance with the per mile
unit cost proposed by the Contractor in Exhibit C.
B. City reserves the right to withdraw certain locations from the Scope of Work to be
performed by Contractor pursuant to this Agreement. City shall notify Contractor
in writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location, In the event a location is withdrawn from the Scope of
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 two (2) year term, Contractor's
compensation shall be reduced on a prorated basis.
13. DISPUTES PERTAINING TO PAYMENT FOR WORK
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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 or her 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 the 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 the work.
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons
from making, or participating in making, decisions that will foreseeable financially
affect such interest. The Contractor will provide a completed disclosure form
noting the above. Contractor will comply with the Act and relevant City
Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by the City. The Contractor shall indemnify and hold harmless the
City for any claims for damages resulting from the Contractor's violation of this
Section.
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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:
Director, 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:
Rodney Ward
HydroBlast, Inc.
726 W. Angus Ave., Unit G
Orange, CA 92868
20. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the provisions of
this Agreement in the manner required or if Contractor violates any provisions of
this Agreement, Contractor shall be deemed in default. If such default is not
cured within a period of two (2) working days, or if more than two (2) working
days are reasonably required to cure the default and Contractor fails to give
adequate assurance of due performance within two (2) working days after
Contractor receives written notice of default from City, City may terminate the
Agreement forthwith by giving written notice. City may, in addition to the other
remedies provided in this Agreement or authorized by law, terminate this
Agreement by giving written notice of termination.
B. This agreement may be terminated without cause by City upon thirty (30) days
written notice. Upon termination, City shall pay to Contractor that portion of
compensation specified in the Agreement that is earned and unpaid prior to the
effective date of termination. The Contractor may only terminate the Agreement
in the event of nonpayment by the City. In the event of nonpayment of
undisputed sums by the City, Contractor shall give the City thirty (30) days
written notice thereof and the City shall have fifteen (15) working days to cure the
alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to
law, City shall have the right to withhold all or a portion of Contractor's
compensation for contract services if, in the judgment of the City Administrator,
the level of maintenance falls below appropriate hardscape maintenance
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standards and/or Contractor fails to satisfactorily perform contract services. City
shall have the right to retain funds withheld until the City Administrator
determines that contract services are performed as well and as frequently as
required by this Agreement.
21. COMPLIANCE WITH LAW
All Contract 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 Contract 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 Contract 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
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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.
28. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Work or any other attachments attached hereto, the terms of this Agreement
shall govern.
Sidewalk Steam Cleaning HydroBlast, Inc. Page / 13
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
By:
Leonie Mulvihill,
Acting City Attorney
h
ATTEST:
On
Leilani Brown,
City Clerk
Attachments:
Exhibit A — Scope of Work, Maps
Exhibit B — Total Annual Cost Form
Exhibit C — Unit Price Form
A09-00335
CITY OF NEWPORT BEACH
A California Municipal Corporation and
Charter City
By:
Keith D. Curry
Mayor
CONTRACTOR: HYDROBLAST, INC.,
a Cqfifqrnia Corporation
By: �964(
Rdney VArd, Partner
By:
Steve Am' ann, Partner
Sidewalk Steam Cleaning HydroBlast, Inc. Page / 14
EXHIBIT A: 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 135,740 square feet of Lithocrete sidewalks and designer roadway
pavement in Balboa Village area identified on the enclosed map on page A-
3. The Contractor shall develop and execute a schedule to perform
sidewalk and roadway steam cleaning tasks once per week from May
through September, and once per month from October through April.
2. Provide the supervision, equipment, tools, labor, and materials to steam
clean 24,240 square feet of Lithocrete sidewalks in the Marine Ave area
identified on the enclosed map on page A-4. The Contractor shall develop
and execute a schedule to perform the sidewalk steam cleaning tasks twice
per month.
3. Provide the supervision, equipment, tools, labor, and materials to steam
clean 67,050 square feet of Lithocrete sidewalks in the McFadden Square
area identified on the enclosed map on page A-5. The Contractor shall
develop and execute a schedule to perform the sidewalk steam cleaning
tasks twice per month, and memorial steam cleaning tasks twice per week.
4. Provide the supervision, equipment, tools, labor, and materials, to steam
clean the concrete Balboa and Newport Piers identified on the enclosed
map on pages A-3 and A-5. The Contractor shall develop and execute a
schedule to perform concrete steam cleaning tasks of the pier ends once
per week from May through September, and once per month from October
through April. The Contractor shall develop and execute a schedule to
perform concrete steam cleaning tasks of the piers once per month from
May through September, and once per three months from October through
April.
5. Provide the supervision, equipment, tools, labor, and materials to steam
clean 36 trash cans, 39 benches, and 6 bus canopies in the Corona del Mar
area identified on the enclosed map on page A-6. The Contractor shall
develop and execute a schedule to perform the steam cleaning tasks once
per month.
6. Remove gum, spills, dirt, spots, blood, fish oil, graffiti, and dirt and grime
from the contract areas identified in the enclosed maps at every cleaning.
In the case of hard to remove stains, the Contractor shall utilize an
environmentally sensitive stain remover.
7. Contractor will be required to utilize mechanical means to collect the
wastewater generated during the performance of the steam cleaning tasks
described in the RFP. In all areas, zero discharge of wastewater will be
A-1
allowed. Contractor shall recycle the residual water for reuse and properly
dispose of wastewater.
8. Contractor shall ensure that storm drain inlets are properly dammed with
sand bags and/or filter fabric to prevent entry of water or debris into the
storm drain system during performance of steam cleaning tasks.
9. 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.
A-2
�_.
"�Sidewalk Maintenance
' Balboa Village ^
PHASE -1
IDHOCRETE SIDEWA (11390 sq.k)
® IRHOOIETE - PATTERNED )STR05q.f1.)
PHASE -2
- IRHOCREIE SIDE.— )21130 sq.ft)
® IITNOCRETE- PATTERN ED (309SO sq. k)
space
MAIN ST. DESIGNER CONCRETE )21150 sq.N.)
ZERO DISCHARGE WATER
- CONCRETE SIDEWAIR (1RS<0 sq.ft.)
RAIROA PIER )26200 sq.f .)
A-3
n
c
NF�..
PARK AVE
E 1007 -sq -k. 1137
127 126 1305 127
127 124 126
zsse125s 124 125 124
122 1/2
F fw 122 123 122 123 122
121 12n 121112
A-4
BALBOA
AVE
LO
N0) N
229 A -C
M
227
Marine
Avenue N
r
r
Pressure
M
Washing
Proposal
�
224
2251/2224
22525
m
225
224
223
�S7
223
222
BAY FRONT
ALLEY N
221
220
221
333
2201/2
330
333
7226
sq. k. 333
220
332 A -D
218
2191/2
218 1/2
326 1/2
331
�qy
sTq<q`
219
327
218
326
331
218
326 A -D 329
216
217 A
216 1/2
327
1324
217
325
216
324
325
216
324 325
214
215
323
214
322
323
214
322 322B
322 32,
322C 323
32
213
321
320
321
212
320 A -D 321
320
211 A
319
210
318
319 319A
318
318 1/2
211
211
3198
210
319
318
317
316 1/2
316
317
a
316 317
316
209
315
208
314315
208
31a 315 1/2
a314
a
A
4371
sq.
315 z
314 B
312 1/2
207
313
206
312
313 1/2
f
312 313 1/2
313
206 1/2
313
312
311
204
310
311
204
310 311
310
203
309
308
308 1/2309
306
200
203
202
308
o Sidewalks
(24240
sq. k.)
1306
306
307
306 B
CANAL
WAY
306 1/2
307
1308 201
201
306 A 307
200
306
304
305 1/2
304 1/2
305
304 305
304
303
302
301
302 1/2 303
302
301
300 300 1/2
4365
sa. ft.
300 301
inn
PARK AVE
E 1007 -sq -k. 1137
127 126 1305 127
127 124 126
zsse125s 124 125 124
122 1/2
F fw 122 123 122 123 122
121 12n 121112
A-4
BALBOA
AVE
227
226
229 A -C
226 A -C
227
226 1/2
227 1/2
226
225
224
2251/2224
22525
225
224
223
222
223
222
223
221
220
221
2201/2
221
222
220
219
218
2191/2
218 1/2
219
218
219
218
217
216
217 A
216 1/2
217
216
217
216
215
214
215
214
215
214
213 1/2
213
212
213
213
212
211
210
211 A
210
211
211
210
209 1/2
208
209
209
208
209
208
4371
sq.
207
206
207
t!
206
207
206
206 1/2
205
204
204
205
204
203 1/2
203
205 1/2
202
200
203
202
o Sidewalks
(24240
sq. k.)
1306
1304
1308 201
201
200
PARK AVE
E 1007 -sq -k. 1137
127 126 1305 127
127 124 126
zsse125s 124 125 124
122 1/2
F fw 122 123 122 123 122
121 12n 121112
A-4
I
a
Sidewalk Maintenance
McFadden Square O
10
c 1y a t
20
� ) qn ,deo
91
o s
a
gI s a £
S
MCfpD�ENP �b
po �
9
35600 sq. ft� ,� e
a"
�llor
\� 4
WFADDENSOUARE (35600 sq. R.)
O i�l na
NEWPORT PIER(31450sq.R.)
�RS
E�
31460, sq.k. �.
W tPf—E
S
0 ]5 150
W feel
1:\11'l)It 1
aEEm Saevwk arta m1.rmE bmnry/IDIO
............:...........
A-5
IRIS AVE — 1
JASMINE AVE L—.\
II I
7 LARKSPUR AVE L J
'��� ti LARKSPU y
� I
MARDUERITF
AVE IL- — J
IL
L=J
sR bkR�MDAVE ��
IL �
r
NARCISSUSAVE --�
JL
'—� _�DRCNIDAVE --�—I l
�y POINSETTIAAVC I
�?PYAV`
m lPPYAVE
HAZEL DR� I
1 HAZEL DR_ -III —'
A-6
EXHIBIT B; TOTAL ANNUAL COST FORM
Total Annual Cost Form
Area
Total Annual Cost
Balboa Village (135,740 sq ft)
Marine Ave (24,240 sq ft)
McFadden Square (67,050 sq ft)
Corona del Mar (36 trash cans, 39 benches, 6 bus
canopies)
$ 130,950.00
$ 20.980.00
$ 17,870.00
$ 9,330.00
Total Annual Cost
$ 179,040.00
EXHIBIT G: UNIT PRICE FORM
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 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 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
Square foot
Trash Can
Bench
Bus Canopy
Balboa Pier End
Newport Pier End
Supplemental call -out hourly rate for special
cleaning (2 -hour minimum, travel time not included)
$ 0.04
$ 12.00
$ 12.00
$ 16.00
$ 525.00
$ 580.00
$ 220.00
G1
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
May 11, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director
(949) 644-3055, mharmon@newportbeachca.gov
SUBJECT: Contract with HydroBlast, Inc. for Sidewalk Steam Cleaning Services
ISSUE:
Should the City execute an agreement with HydroBlast of Orange to provide sidewalk
steam cleaning services for a period of up to five years?
RECOMMENDATION:
Approve an agreement with HydroBlast to provide sidewalk steam cleaning services for
two (2) years with an option of three (3) one-year extensions.
DISCUSSION:
Background
Balboa Village, Marine Avenue, McFadden Square, and Corona del Mar are some of
the City's highest pedestrian traffic areas during the summer months and attract
thousands of visitors each spring and summer season. Since 2002 over 200,000
square feet of Lithocrete sidewalk and designer roadway pavement has been installed
as part of a renovation project designed to increase public interest in and patronage of
shops and businesses. Both Newport and Balboa Piers are also steam cleaned on an
as -needed basis for the enjoyment of visitors and residents.
The existing contract with Dworsky Industries expired on April 30, 2010.
Contract with HydroBlast for Sidewalk Steam Cleaning Services
May 11, 2010
Page 2
Prosect Description
The steam cleaning of 227,030 square feet of Lithocrete sidewalk and designer
roadway pavement, trash cans, benches, and bus canopies needs to be completed on
regular basis in order to remove debris left behind from food spills, fishing, and bird
activity. The intervals range from twice -weekly cleaning of sidewalks in high -traffic areas
during the summer to quarterly cleaning of benches and bus canopies.
Proposal Process and Analysis
On April 1, a copy of the RFP was mailed to eight companies on file with the General
Services Department. The deadline for submitting a proposal to the City was April 13.
Prior to this deadline, the City received four proposals for steam cleaning services.
Cost Information
Each vendor was required to submit a total cost that included separate cost proposals
for each of the following areas: Balboa Village, Marine Avenue, McFadden Square, and
Corona del Mar. As the following chart indicates, HydroBlast submitted the lowest,
responsive proposal.
iffit�
Current
$136,000
1 ($43,040)
HydroBlast
$179,040
$0
Bonanza Steam Cleaning
$185,380
$6,340
Dworsky
$233,380
$54,340
Sunset Property Services
$245,938
$66,898
Recommended Contractor
HydroBlast submitted the lowest, responsive proposal. Based in Orange, HydroBlast
has provided sidewalk steam cleaning and other similar cleaning services utilizing a
closed-loop cleaning process for ten years. HydroBlast holds contracts with the City of
Santa Ana and Industrial Cleaning Professionals. HydroBlast provided a satisfactory
on-site demonstration of their equipment and technical knowledge of steam cleaning
practices that recover waste water runoff.
Financial Review
Funding for this agreement will be included in the Fiscal Year 2010-11 budget. The
current annual cost for sidewalk steam cleaning services under the current contract is
$136,000 per year. Based on the proposal from HydroBlast of $179,040, this
agreement would represent an increase of approximately $43,040 per year.
R
Contract with HydroBlast for Sidewalk Steam Cleaning Services
May 11, 2010
Page 3
Consistent with current practice, staff will continue to evaluate the service levels and
frequency on a per -site basis in order to reduce costs, based upon weather and the
amount of debris.
Environmental Review:
This action is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
Public Notice:
This agenda item was noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Prepared by:
Maurice Tu ner
Administrative Analyst
Attachments
1. Agreement
General Services Director
I
q
AGREEMENT FOR SIDEWALK STEAM CLEANING SERVICES
WITH HYDROBLAST, INC.
THIS AGREEMENT, entered into this day of 2010, by and between the
City of Newport Beach, a California Municipal Corporation and Charter City ("City"),
and, HydroBlast, Inc., a California Corporation located at 726 W. Angus Ave., Unit G,
Orange, CA 92868 ("Contractor"), is made with reference to the following recitals:
RECITALS
WHEREAS, the City desires to contract for services for the steam cleaning of
227,030 square feet of sidewalks, pavement, piers, trash cans, benches, and bus
canopies on a twice -weekly to quarterly basis.
WHEREAS, on April 1, 2010 a Request for Proposals ("RFP") requesting
proposals for the steam cleaning 227,030 square feet of sidewalks, pavement, piers,
trash cans, benches, and bus canopies was mailed to firms performing this service.
WHEREAS, Contractor was deemed to be the most qualified to perform the work
out of those firms which responded to the RFP.
WHEREAS, the Contractor desires to enter into this Agreement to provide
services to the City and acknowledges that the City has relied upon its representations
in response to the RFP and commits to faithfully perform the services required by this
Agreement and in accordance with the terms and conditions of this Agreement.
WHEREAS, the Contractor has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common nature
and frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the parties agree as follows:
1. TERM
Unless earlier terminated in accordance with Section 20 of this Agreement, the initial
term of this Agreement shall be for a period of two (2) 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 be extended for three (3) 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
bofore the end of the initial term or any extended term, of its intent to terminate this
Agreement at the conclusion of the initial term or any extension. Time is of the essence
in the performance of services under this Agreement. The term of the Agreement shall
not extend beyond May 31, 2015, without a separate Agreement.
2. CONTRACTOR DUTIES
5
Contractor shall perform the services specifically described in, and in strict compliance
with the Scope of Work ("Contract Services" or "Work") as described in the RFP's
Description of Project, attached hereto as Exhibit A, the Contractor's Total Annual Cost
proposal, attached hereto as Exhibit B, and the Contractor's Unit Price Form attached
hereto as Exhibit C, and all incorporated herein by reference. The Contract Services
shall be performed at least as frequently as specified in the Scope of Work and
Contractor's proposal. City shall have the right to alter the frequency of maintenance as
necessary.
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 authorized to work in
California.
B. All Contract Services shall be performed by competent and experienced
employees. Contractor shall be responsible for actions of its employees while
performing Contract Services. 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 of Newport Beach.
A current copy of the operating procedures shall be provided to the City's
General Services Department Operations Support Superintendent ("Operations
Support Superintendent").
D. The Contractor's work force shall include a thoroughly skilled, experienced, and
competent supervisor ("Contractor's 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 by City shall be
deemed delivered to the Contractor. The supervisor assigned must be identified
by name to ensure coordination and continuity.
E. All of Contractor's employees ("Employees") 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 Employees shall wear
identification badges or patches. Those Employees working in or adjacent to
traffic zones shall wear orange vests. Employees shall not remove any portion of
their uniform while working within the City. Employees driving the Contractor's
vehicles shall at all times possess and carry a valid Commercial Drivers License
issued by the State of California. If the City's Administrator (as defined in Section
11) 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 Administrator
may notify Contractor, who shall take immediate remedial action, which may
Sidewalk Steam Cleaning HydroBlast, Inc. Page / 2 0
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 maintenance
standards.
G. Complaints received by the City regarding the Contractor's performance will be
transmitted to the Contractor's office in writing, by mail or facsimile, and handled
by the Contractor's Supervisor. City shall receive a follow-up response from
Contractor within twenty-four (24) hours following notification of the Contractor of
any complaint. A report of the Contractor's investigation and the corrective
action taken shall be made promptly by the Contractor to the City 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 (mowers, etc.). All vehicles
shall bear the identification of the Contractor.
I. 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.
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
steam cleaning work accordingly.
K. The Contractor warrants that it has familiarized itself with all City's Lithocrete
sidewalks, designer roadways, concrete Piers (Balboa and Newport Piers),
roadways, trash cans, benches, and bus canopies 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
Sidewalk Steam Cleaning HydroBlast, Inc. Page j 3 �I
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 maintenance practices as dictated by
the highest standards within the maintenance 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 steam cleaning
activity and shall immediately clean up any such spillage, dropping, or scattering.
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 materials and debris throughout the City, steam cleaning may require
slower cleaning speed and/or multiple passes. Streets with raised medians
(commercial and residential) shall have their curb -gutter perimeter swept,
including turnouts. Any steam cleaning equipment used must not deposit debris
onto private property.
L. 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 One Hundred Seventy Nine
Thousand Forty Dollars and No/100 ($179,040.00) per year, subject to the Consumer
Price Index adjustment after the first year, as further defined below. Contractor shall
submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days
after receipt by the City. Payment shall be deemed made when deposited in the United
States mail, first class postage pre -paid, and addressed to Contractor as specified in
Section entitled "Notices".
Upon the first anniversary of the Commencement Date and upon each anniversary of
the Commencement Date thereafter, the rate to be paid by the City as set forth in
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
Sidewalk Steam Cleaning NydroBlast, Inc. Page 14 2
Index" to be used in such calculation is the Consumer Price Index, All Urban
Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics (1982
84 = 100). If both an official index and one or more unofficial indices are published, the
official index shall be used. If said Consumer Price Index is no longer published at the
adjustment date, it shall be constructed by conversion tables included in such new
index. In no event, however, shall the amount payable under this agreement be
reduced below the Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made in proportion
to changes in the Consumer Price Index, shall not exceed 3..0% of the Rate in effect
immediately preceding such adjustment.
5. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting
the work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractor's
employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Contractor as to the details of
the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance or to exercise a measure of control over
Contractor shall mean only that Contractor shall follow the desires of City with respect to
the 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,
Sidewalk Steam Cleaning HydroBlast Inc. Page J 5 q
without limitation, defects in workmanship and/or materials) or Contractor's presence or
activities conducted performing the work (including the negligent and/or willful acts,
errors and/or omissions of Contractor, its principals, officers, agents, employees,
vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at anytime.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise
from or in connection with the performance of the work hereunder by Contractor,
his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Contractor's bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least One Million Dollars and no/100 ($1,000,000.00)) for
Contractor's employees in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Sidewalk Steam Cleaning HydroBlast, Inc. Page / 6 /0
Employer's Liability Insurance in accordance with the laws of the State of
California, Section 3700 for all of the subcontractor's employees.
Any notice of cancellation or non -renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (ten (10)
calendar days written notice of non-payment of premium) prior to such
change.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than Two Million Dollars and no/100
($2,000,000.00) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability.
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 and no/100
($2,000,000.00) combined single limit for each accident.
D. Other Insurance Provisions or Requirements
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
ii. Enforcement of Agreement Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
iii. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
Sidewalk Steam Cleaning HydroBlast, Inc. Page / 7
iv. Notice of Cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with thirty (30) days notice of
cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
v. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suts instituted that arise out of or result from Contractor's
performance under this Agreement.
vi. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any attempted
or purported assignment without consent of City shall be null and void.
Contractor acknowledges that these provisions relative to assignments are
commercially reasonable and that Contractor does possess special skills,
abilities, and personnel uniquely suited to the performance of Contract Services
and any assignment of this Agreement to a third party, in whole or in part, could
jeopardize the satisfactory performance of Contract Services. Contractor may not
employ any subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of Contractor, of the interest of any general partner or
joint venture which shall result in changing the control of Contractor, shall be
construed as an assignment of this Agreement.
10. RECORDS/REPORTS
A. All Contractor's books and other business records, or such part as may be used
in the performance of this Agreement, shall be subject to inspection and audit by
any authorized City representative during regular business hours.
B. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual
or organization without prior approval by City.
C. Contractor shall, at such time and in such form as City may require, provide
reports concerning the status or cost of services required by this Agreement.
D. The Contractor is required to keep a daily log of all areas cleaned, including the
name and location of the streets, along with a description of any special
cleanings 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 cleanings, and emergency activities. The log
report shall be attached to the monthly invoice submitted to the Contract Officer.
Sidewalk Steam Cleaning HydroBlast, Inc. Page l 8 1 f -
A phone log will be submitted monthly of all calls from the City of Newport Beach
General Services Department and the City of Newport Beach Police Department
to the Contractor, whether or not those calls require a request for service and a
description of the action taken from the City call.
E. Contractor shall keep records and invoices in connection with its work to be
performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative
of City during normal business hours to examine, audit, and make transcripts or
copies of such records. Contractor shall maintain and allow inspection of all work,
data, documents, proceedings, and activities related to this Agreement for a
period of three (3) years from the date of final payment under this Agreement.
11. ADMINISTRATION
A. This Agreement will be administered by the City's General Services Department.
The General Services Director or his/her designee shall be considered the City's
Administrator and shall have the authority to act for the City under this
Agreement. The City Administrator or his/her authorized representative shall
represent the City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor to
complete the work contemplated by this Agreement. City also agrees to provide
all such materials in a timely manner.
12. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional/emergency services as requested by the
Administrator. The Administrator may give verbal authorization for
additional/emergency services, prior to performance of the work, up to One
Thousand Dollars and no/100 ($1,000.00). Contractor must obtain written
authorization from the City Administrator prior to the performance of any
additional/emergency services that exceed One Thousand Dollars and no/100
($1,000.00). Additional services, may be billed in accordance with the per mile
unit cost proposed by the Contractor in Exhibit C.
B. City reserves the right to withdraw certain locations from the Scope of Work to be
performed by Contractor pursuant to this Agreement. City shall notify Contractor
in writing of its intent to do so at least thirty (30) days prior to the effective date of
withdrawal of any location. In the event a location is withdrawn from the Scope of
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 two (2) year term, Contractor's
compensation shall be reduced on a prorated basis.
13. DISPUTES PERTAINING TO PAYMENT FOR WORK
Sidewalk Steam Cleaning HydroBlast, Inc. Page / 9 13
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 or her 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 the 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 the work
18. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons
from making, or participating in making, decisions that will foreseeable financially
affect such interest. The Contractor will provide a completed disclosure form
noting the above. Contractor will comply with the Act and relevant City
Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by the City. The Contractor shall indemnify and hold harmless the
City for any claims for damages resulting from the Contractor's violation of this
Section.
Steam Cleaning HydroBlast, Inc. Page 110 1 i
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:
Director, 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:
Rodney Ward
HydroBlast, Inc.
726 W. Angus Ave., Unit G
Orange, CA 92868
20. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the provisions of
this Agreement in the manner required or if Contractor violates any provisions of
this Agreement, Contractor shall be deemed in default. If such default is not
cured within a period of two (2) working days, or if more than two (2) working
days are reasonably required to cure the default and Contractor fails to give
adequate assurance of due performance within two (2) working days after
Contractor receives written notice of default from City, City may terminate the
Agreement forthwith by giving written notice. City may, in addition to the other
remedies provided in this Agreement or authorized by law, terminate this
Agreement by giving written notice of termination.
B. This agreement may be terminated without cause by City upon thirty (30) days
written notice. Upon termination, City shall pay to Contractor that portion of
compensation specified in the Agreement that is earned and unpaid prior to the
effective date of termination. The Contractor may only terminate the Agreement
in the event of nonpayment by the City. In the event of nonpayment of
undisputed sums by the City, Contractor shall give the City thirty (30) days
written notice thereof and the City shall have fifteen (15) working days to cure the
alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to
law, City shall have the right to withhold all or a portion of Contractor's
compensation for contract services if, in the judgment of the City Administrator,
the level of maintenance falls below appropriate hardscape maintenance
Sidewalk Steam Cleaning HydroBlast, Inc.
Page/11
15
standards and/or Contractor fails to satisfactorily perform contract services. City
shall have the right to retain funds withheld until the City Administrator
determines that contract services are performed as well and as frequently as
required by this Agreement.
21. COMPLIANCE WITH LAW
All Contract 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 Contract 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 Contract 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
Sidewalk Steam Cleaning HydroBlast, Inc. Page / 12 P
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.
28. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Work or any other attachments attached hereto, the terms of this Agreement
shall govern.
Sidewalk Steam Cleaning HydroBlast, Inc. Page / 13 17
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
Leonie Mulvihill,
Acting City Attorney,
ATTEST:
0
Leilani Brown,
City Clerk
Attachments:
Exhibit A — Scope of Work, Maps
Exhibit B — Total Annual Cost Form
Exhibit C — Unit Price Form
CITY OF NEWPORT BEACH
A California Municipal Corporation and
Charter City
By:
Keith D. Curry
Mayor
CONTRACTOR: HYDROBLAST, INC.,
a California Corporation
By:
Rodney Ward, Partner
0
Steve Ammann, Partner
Sidewalk Steam Cleaning HydroBlast, Inc. Page ( 14
0
EXHIBIT A: 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 135,740 square feet of Lithocrete sidewalks and designer roadway
pavement in Balboa Village area identified on the enclosed map on page A-
3. The Contractor shall develop and execute a schedule to perform
sidewalk and roadway steam cleaning tasks once per week from May
through September, and once per month from October through April.
2. Provide the supervision, equipment, tools, labor, and materials to steam
clean 24,240 square feet of Lithocrete sidewalks in the Marine Ave area
identified on the enclosed map on page A-4. The Contractor shall develop
and execute a schedule to perform the sidewalk steam cleaning tasks twice
per month.
3. Provide the supervision, equipment, tools, labor, and materials to steam
clean 67,050 square feet of Lithocrete sidewalks in the McFadden Square
area identified on the enclosed map on page A-5. The Contractor shall
develop and execute a schedule to perform the sidewalk steam cleaning
tasks twice per month, and memorial steam cleaning tasks twice per week.
4. Provide the supervision, equipment, tools, labor, and materials, to steam
clean the concrete Balboa and Newport Piers identified on the enclosed
map on pages A-3 and A-5. The Contractor shall develop and execute a
schedule to perform concrete steam cleaning tasks of the pier ends once
per week from May through September, and once per month from October
through April. The Contractor shall develop and execute a schedule to
perform concrete steam cleaning tasks of the piers once per month from
May through September, and once per three months from October through
April.
5. Provide the supervision, equipment, tools, labor, and materials to steam
clean 36 trash cans, 39 benches, and 6 bus canopies in the Corona del Mar
area identified on the enclosed map on page A-6. The Contractor shall
develop and execute a schedule to perform the steam cleaning tasks once
per month.
6. Remove gum, spills, dirt, spots, blood, fish oil, graffiti, and dirt and grime
from the contract areas identified in the enclosed maps at every cleaning.
In the case of hard to remove stains, the Contractor shall utilize an
environmentally sensitive stain remover.
7. Contractor will be required to utilize mechanical means to collect the
wastewater generated during the performance of the steam cleaning tasks
described in the RFP. In all areas, zero discharge of wastewater will be
A-1 icy
allowed. Contractor shall recycle the residual water for reuse and properly
dispose of wastewater.
8. Contractor shall ensure that storm drain inlets are properly dammed with
sand bags and/or filter fabric to prevent entry of water or debris into the
storm drain system during performance of steam cleaning tasks.
9. 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.
A-2 a D
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(24240
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(24240
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EXHIBIT B: TOTAL ANNUAL COST FORM
Total Annual Cost Form
PE
EXHIBIT B: TOTAL ANNUAL COST FORM
Total Annual Cost Form
Area
Total Annual Cost
Balboa Village (135,740 sq ft)
Marine Ave (24,240 sq ft)
McFadden Square (67,050 sq ft)
Corona del Mar (36 trash cans, 39 benches, 6 bus
canopies)
$ 130,950.00
$ 20,980.00
$ 17,870.00
$ 9,330.00
Total Annual Cost
$ 179.040.00
B-1 n
0�
EXHIBIT C: UNIT PRICE FORM
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 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 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
Square foot
Trash Can
Bench
Bus Canopy
Balboa Pier End
Newport Pier End
Supplemental call -out hourly rate for special
cleaning (2 -hour minimum, travel time not included)
$ 0.04
$ 12.00
$ 12.00
$ 16.00
$ 525.00
$ 580.00
$ 220.00
C-1