Loading...
HomeMy WebLinkAbout05 - Balboa Village Steam CleaningCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s February 8, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department David E. Niederhaus, Director, 949 - 644 -3055, dniederhausa(), city. newport- beach.ca.us SUBJECT: Award of Balboa Village Steam Cleaning Contract ISSUE: Should the City approve the attached five year maintenance contract with RecoverX Industries to provide steam cleaning services at the Balboa Village area at an annual cost of $136,203.00? RECOMMENDATION: Approve the attached five year maintenance contract with RecoverX Industries to provide steam cleaning services in the Balboa Village area at an annual cost of up to $136,203.00. DISCUSSION: Background: Balboa Village is located on the Balboa Peninsula and is bordered by Edgewater Avenue and East Ocean Front to the North and South, and Adams Street and "A" Street on the West and East. It is one of Newport Beach's highest pedestrian traffic areas during the summer months and caters to thousands of visitors each spring and summer season. In 2002, the City successfully completed the first phase of a three - phased renovation project in the Village. Phase I included the installation of 17,000 square feet of Lithocrete sidewalks. Phase II of the project has been completed which added 47,793 square feet of Lithocrete sidewalk and 9,104 square feet of designer roadway to the project area. It Steam Cleaning Agreement February 8, 2005 Page 2 has been the City's intention to consolidate steam - cleaning services for both Phases I and II under a single contract. The steam cleaning of Phase I sidewalks is currently performed by RecoverX, a contract cleaning company. One of the goals of the Village renovation project has been to increase patronage of and public interest in the Village shops and businesses. A key element to achieving this goal is maintaining the enhanced area in a manner that encourages pedestrian traffic. This objective combined with the high maintenance needs of the sidewalk design make it necessary that the selected firm be prepared to perform the requested services consistently at a very high standard while adhering to clean water requirements. The successful contractor must also provide crews that are courteous and responsive when approached by the public or City staff. Staff originally sent the Request for Proposal (RFP) out to informal bid in June 2003. As a result of the uncertainty of pending legislation regarding prevailing wages, the four bids were rejected and alternate bids were requested. The alternate bids were also rejected for the same reason. After consultation with the City Attorney and informing that the proposed maintenance function is governed by the prevailing wage laws, staff prepared a third RFP and mailed it to six qualified firms. Two firms responded to the RFP. The bid results are as follows: RecoverX $136,203.00/year TJ's $186,994.00/year $100,000 was budgeted in the FY 04 -05 budget for steam cleaning. A budget ceiling increase request for $136,000 has been made for Fiscal Year 2005 -2006. It is proposed that RecoverX Industries will steam clean the Lithocrete sidewalks once per week from May 1st through September 30th and once every other week from October 1st through April 30'h. The budget limit for FY 04 -05 will not be exceeded. Analysis: The proposed contract provides for steam cleaning services for the Balboa Village area only. The proposed agreement is set to commence on March 1, 2005, has the option of being extended for up to four (4) additional one (1) year terms, and includes a provision allowing the City to alter the frequency of steam cleaning when necessary to control costs and cleanliness levels. City supervisory staff will monitor service levels and review RecoverX Industries' required reports of steam cleaning activities to make adjustments as necessary. Steam Cleaning Agreement February 8, 2005 Page 3 Funding Availability: There is adequate funding in the current budget to cover the costs associated with this contract. Environmental Review: This project does not require environmental review. Prepared by: Jeretff Hammond, Administrative Analyst Attachment: Contractor Agreement Submitted by: David E. Niederhaus, Director CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this day of ,2005, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City "), and RecoverX Industries, a General Partnership whose address is 18001 South Figueroa, Unit D, Gardena, CA 90248, ( "Contractor "), is made with reference to the following Recitals: RECITALS WHEREAS, the City desires to obtain contract services to steam clean Lithocrete sidewalks and designer roadway in Balboa Village. WHEREAS, RecoverX Industries ( "Contractor') submitted the lowest bid among the firms which responded to the final Request for Proposal. WHEREAS, The Contractor desires to enter into an Agreement to provide services to the City and acknowledges that the City has relied upon its representations and commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. WHEREAS, The Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, common nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, the Parties agree as follows:- 1. TERM The Term of this Agreement shall be for a period of one (1) year, subject to the termination provisions of Section 20 of this Agreement. The term shall commence within ten (10) working days of City Council Approval and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for four (4) additional one (1) year terms with the first extension to commence upon the expiration of the initial term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any automatic extension, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. 2. CONTRACTOR DUTIES Contractor shall perform the services specifically described in, and in strict compliance with, the requirements of Exhibit A ( "Scope of Work ") as agreed to in Exhibit B ( "Contractor's Proposal "). The Contract Services shall be performed at least as frequently as specified in Exhibit A. City shall have the right to alter frequency of 1 maintenance as necessary to ensure the highest industry standards of maintenance and to control costs. Exhibit C details Bid Costs, and the Unit Prices are specified in Exhibit D. All of the Exhibits are a part of, and are herein incorporated by reference into, this Agreement. 3. WORKMANSHIP, SUPERVISION AND EQUIPMENT A. The Contractor shall provide a work force sufficient to perform the Contract Services. All members of the work force shall be able to offer proof of legal right to work in the United States to Contractor. B. All Contract Services shall be performed by competent and experienced employees. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations including clean water directives. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel necessary to properly perform Contract Services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications by directly overseeing the contract operations. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. D. All Contractor personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Operations Support Superintendent when performing Contract Services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. E. All work shall be performed in accordance with the highest maintenance standards. F. All vehicles and equipment used in conjunction with the work shall be in good working order and have appropriate safety guards. Vehicles and equipment must meet and comply with all current federal and state regulations. All vehicles shall bear the identification of the Contractor and clearly post "Serving the City of Newport Beach." G. Contractor shall provide a manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. The manager shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 2 H. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on twenty four (24) hours notice from the City. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor according to the rates set forth in Exhibit C ( "Bid Costs') of this agreement. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices ". This agreement shall be paid in accordance Section 1770 of the California State Labor Code and in accordance with the terms of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, the Davis -Bacon Wage determinations are available at the Federal Wage website: www.access.goo.gov /davisbacon. 5. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 6. EXAMINATION OF WORK SITES City makes no representation regarding the order or condition of any area or location for which Contractor is to provide services. City has also made no representation that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of the Agreement. 7. HOLD HARMLESS A. Contractor assumes all risk in any way related to the performance of Contract Services. Contractor agrees to indemnify, defend, save and hold 3 harmless City, its elected and appointed boards and commissions, officers, agents, and employees from and against any loss, damages, liability, claims, costs, expenses or damages, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from, or in any way related to, the performance of Contract Services required by this Agreement, provided, however, Contractor's obligation in this regard shall not apply in the event of the fraud or willful misconduct by City, its officials, agents, employees or representatives. B. Contractor shall defend, indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, costs and expenses whatsoever, including reasonable attorneys' fees, which may accrue to any and all persons, or business entities furnishing or supplying work, services, materials, equipment or supplies to Contractor in the performance of services under this Agreement. C. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of Contractor, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control of Contractor, Contractor shall not be relieved of its obligation to defend, indemnify, and hold City and its officers, employees and representative harmless, by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City. 8. INSURANCE A. In addition to Contractor's obligation to defend, indemnify, and hold City harmless, Contractor shall obtain and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Insurance policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to performing any Contract Services. B. Prior to the commencement of work, Contractor shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements. At the option of City, Contractor shall provide copies of all policies, providing coverage as required by this Agreement. C. Contractor shall provide the following insurance, with Best's Class A -7 or better carriers: 0 1. Worker's Compensation and Employers Liability insuring statutory Workers' Compensation limits as required by the California Labor Code and one million dollars ($1,000,000) per accident Employers' Liability; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury; and property damage. If the policy contains a general aggregate limit, then the aggregate limit shall not be less than two million dollars ($2,000,000); 3. Commercial auto liability and property insurance covering all owned and rented vehicles of Contractor coverage Code 1 "any auto" with a minimum amount of one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage; D. Endorsements to the policies providing the above insurance shall be obtained by Contractor, adding the following three provisions: 1. Additional Insured: "The City of Newport Beach and its officers, employees, agents, elected officials, and volunteers are covered as additional insured." 2. Notice: "The policy shall not terminate, nor shall it be canceled or the coverage reduced, until thirty (30) days after written notice is given to City." 3. Otherinsurance: "Any other insurance maintained by the City of Newport Beach shall be excess and not contributing with the insurance provided by this policy." E. Contractor shall give to City prompt and timely notice of any claim made or suit instituted arising out of Contractor's performance of this Agreement. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and performance of Contract Services. F. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive 5 liability insurance, that Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor, a waiver of any right of subrogation, which any such insurer of Contractor may acquire against City by virtue of the payment of any loss under insurance. 9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignments are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of Contract Services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of Contract Services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 10. RECORDS /REPORTS A. All Contractor's books and other business records, to include payroll records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. D. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within five (5) days after the end of each month. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to 2 the Contractor, whether or not those calls require a request for service and a description of the action taken from the City call. E. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 11. ADMINISTRATION A. This Agreement will be administered by the General Services Department. The General Services Director or his /her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall furnish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 12. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional services as requested by the Administrator. Additional services, may be billed in accordance with the per square foot unit cost proposed by the Contractor's Exhibit D. B. City reserves the right to withdraw certain locations from the Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the scope of services or frequency of service is diminished, compensation to Contractor shall be reduced in accordance with the Contractor's unit costs specified in Exhibit D. In the event the location is withdrawn for a period of less than a full one (1) year term, Contractor's compensation shall be reduced on a prorated basis. 7 13. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 14. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for expenses unless authorized in writing by City Administrator. 15. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 16. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, consultant, employee or applicant for employment based on race, religion, color, sex, handicap, national origin, or other basis that violates the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 18. CONFLICTS OF INTEREST A. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a M completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 19. NOTICES All notice, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: City of Newport Beach General Services Department Attn: David E. Niederhaus, Director 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 -8915 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: RecoverX Industries Attn: Mario Costa 18001 S. Figueroa, Unit D Gardena, CA 90248 20. TERMINATION /DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this or authorized by law, terminate this Agreement by giving written notice of termination. 9 B. This Agreement may be terminated at anytime, without cause by City or Contractor, upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for Contract Services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and /or Contractor fails to satisfactorily perform Contract Services. City shall have the right to return funds withheld until the City Administrator determines that Contract Services are performed as well as required by this Agreement. 21. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys' fees and expenses to be paid to the prevailing party. 22. COMPLIANCE Contractor represents that it is familiar, and shall comply, with all state, federal, or local laws, rules, ordinance, statutes or regulations applicable to the performance of Contract Services. 23. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 24. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. T IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney 11 CITY OF NEWPORT BEACH A Municipal Corporation By: Steven Bromberg, Mayor Contractor In Title: City of Newport Beach Exhibit A RFP for Steam Cleaning — Balboa Village February 2005 DESCRIPTION OF PROJECT AND INTENT (Scope of Work) INTENT The intent of these specifications is to provide steam - cleaning services to 64,793 square feet of Lithocrete sidewalks and 9,104 square feet of designer roadway. II. DESCRIPTION OF PROJECT (SCOPE OF WORK) Furnish all labor, equipment, materials, and supervision to perform maintenance as described herein including, but not limited to, the following: 1. Provide the supervision, equipment, tools, labor, and materials, to steam clean 64,793 square feet of Lithocrete sidewalks identified on the attached map (Attachment A). The Contractor shall develop and execute a schedule to perform sidewalk steam cleaning tasks once per week during the months of May through September, and once every other week during the months of October through April. 2. Provide the supervision, equipment, tools, labor, and materials to steam clean 9,104 square feet of designer roadway identified on the attached map (Attachment A). The Contractor shall develop and execute a schedule to perform the roadway steam cleaning tasks once per month. 3. Remove gum, spills, dirt, spots, blood, fish oil, and dirt and grime from the contract areas identified in Attachment A at every cleaning. In the case of hard to remove stains, the Contractor shall utilize an environmentally sensitive stain remover. 4. Contractor will be required to utilize mechanical means to collect the wastewater generated during the performance of the steam cleaning tasks described in this RFP. Contractor shall recycle the residual water for reuse. 5. Contractor shall ensure that storm drain inlets are properly dammed to prevent entry of water or debris into the storm drain system during performance of steam cleaning tasks. 6. Contractor shall clean contract area utilizing a hot water pressure washer (minimum of 2,500 PSI) with either a 20- degree or 30- degree spray tip set at a minimum of 180 degrees Fahrenheit. The pressure washing spray tip must remain at a minimum of 18" from the cleaning surface in order to reduce the potential for damages to the cleaning surface. The Contractor will be responsible for damages to sidewalks and roadway pavements resulting from excessive water pressure, heat and /or improper cleaning techniques. 11 City of Newport Beach Exhibit A RFP for Steam Cleaning — Balboa Village February 2005 III. WORKING HOURS Normal working hours shall be between the hours of 4:00 AM and Noon, Monday through Friday. IV. TERM OF CONTRACT The term of this agreement shall be for a period of twelve (12) months. The City reserves the right to terminate the agreement unilaterally at any time upon thirty (30) days written notice to the Contractor. This contract can be renewed in one year increments up to a maximum of five successive years by mutual agreement, based upon an evaluation of performance of the maintenance contractor with a determination of satisfactory performance by the City. If negotiations are still in progress at the end of any one -year term previously agreed upon, the City and the Contractor will continue performance as required herein on a month -to -month basis at the previously agreed upon basis until either a new agreement is entered into or the City terminates the relationship in accordance with the provisions contained in the above paragraph and the Draft Agreement (Attachment D). During such period of month -to -month operation while negotiations are in progress, the Contractor shall be obligated to continue performance for at least sixty (30) days after written notice to the City of its decision to terminate the relationship and the City shall be obligated to give consideration to the Contractor for such additional performance at the usual rate of payment as provided herein. V. LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest maintenance standard. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. The Contractor will be responsible for ensuring that residents and businesses will not be impacted by the work performed by the Contractor. The Contractor will also ensure that vehicles parked in or adjacent to the work areas do not get wet or damaged. The Contractor shall adjust his work hours and number of work days per week on a seasonal basis to minimize noise complaints from the neighboring residential and commercial community. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within 12 City of Newport Beach RFP for Steam Cleaning — Balboa Village Exhibit A February 2005 this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and /or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standard. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. VI. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Newport Beach General Services Department. There shall be a minimum of a monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by the Contractor will be submitted in writing to the City on a weekly basis. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. VII. SPECIFICATIONS This Scope of Work is intended to cover all labor, material and standards of workmanship to be employed in the work called for in this RFP or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. VIII. CORRESPONDENCE All correspondence shall be addressed to Rick Greaney, Operations Support Superintendent, General Services Department, City of Newport Beach, P.O. Box 1768, Newport Beach, California 92658. IX. PROVISIONS FOR EXTRAS No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and 13 City of Newport Beach RFP for Steam Cleaning — Balboa Village Exhibit A February 2005 after photographs of safety items or emergency maintenance, which were made without prior City approval. Documentation of contract compliance may be required on some occasions. X. WATER The City will issue the Contractor a water meter(s), which must be utilized when filling equipment from City fire hydrants. The Contractor will be responsible for charges stemming from the use of City water. XI. DISPOSAL The Contractor shall not discharge any debris, litter, or water collected during performance of the work tasks into the City sanitary sewer system or storm drain system. XII. RECORDS AND SCHEDULE The Contractor shall keep accurate records concerning all of his /her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Operations Support Superintendent. This report should also contain a description of work performed, including man - hours, equipment, and any additional work, which the contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service, and a description of the action taken from the City call. The Contractor shall, within fifteen (15) calendar days of the effective date of an executed agreement, prepare and submit a written schedule to the Operations Support Superintendent. This schedule shall clearly identify the tasks required by the RFP and the subsequent executed agreement and the days they are scheduled to be performed in each particular area. If it is necessary to make periodic revisions to this maintenance schedule, a modified schedule must be submitted to the Operations Support Superintendent for approval prior to the date the changes are to take effect. Otherwise, it is intended that the Contractor will develop a permanent schedule, which will allow the City to monitor the Contractor's progress. 14 City of Newport Beach RFP for Steam Cleaning — Balboa Village Exhibit A February 2005 The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services only at any reasonable time. XIII. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within two (2) hours from receiving notification. XVI. CONTRACTOR'S OFFICE Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. XVIL SCHEDULES Annual Schedule The Contractor shall provide an annual schedule indicating the time frames when items of work shall be accomplished per the performance requirements. The Contractor shall complete the schedule for the contract area in a manner which shall correspond to the performance requirements described in this scope of work, and the RFP. 3. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Monthlv Schedule The Contractor shall provide a monthly schedule indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. 15 City of Newport Beach RFP for Steam Cleaning — Balboa Village Exhibit A February 2005 2. The Contractor shall complete the schedule for each item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the contract. Thereafter, it shall be submitted monthly on the first Monday of the month for City approval, prior to scheduling work for the upcoming month. 4. Changes to the schedule shall be received by the Operations Support Superintendent at least twenty -four (24) hours prior to the scheduled time for the work. 5. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or week. 6. The Contractor shall adjust his /her schedule to compensate for all holidays and rainy days. Contractor shall perform all regularly scheduled tasks on holidays and rainy days, unless otherwise indicated by the City. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled. XVIII. Performance During Inclement Weather 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his /her work force in order to accomplish those activities that are not affected by weather. 2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 3. The Contractor shall immediately notify the Operations Support Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. 16 Flemp i "Confidential" (Proposal for the Steam Cleaning of Balboa Village) December 15, 2004 ilia' RI f cMIIV IIIs City of Newport Beach, Mission Statement To ensure high quality production, customer satisfaction and consistent cost - effectiveness in all we offer, as a complete "Environmental Services Corporation ". �v RecovrX Industries, Inc. has become a leader in the redefined and emerging Environmental Cleaning and Recovery Services Industry in Southern California. We are constantly challenging ourselves to provide exceptional services and products to our clients through a variety of specialized and aggressive management strategies. With our corporate headquarters located in Il�l��i�ljl��lll�YI �A Gardena, California, RecovrX has been reaching out to all of Southern California since 1988. In the past three years, the Environmental Service Industry has become highly specialized due to specific state, federal and local guidelines pertaining to the handling of illicit discharge. RecovrX prides itself on maintaining the latest state -of -the -art water handling and filtration equipment to meet or exceed the discharge requirements for our customers. Each of our vehicles have the capability to handle all of our client's recovery and discharge expectations. RecovrX has been in the Steam Cleaning Maintenance business for over 4 years. We currently provide services to Municipalities, School Districts, Retail, Property Owners and Managers etc... in the Southern California area. David Dworsky (President), has been in the service business for 25 years. Before RecovrX, he owned a large Landscape Maintenance business for 20 years before he sold it 5 years ago. Mario Costa (Vice President), operated and owned a Steam Cleaning company in Orange County for 15 years and has been in the cleaning business for over ['Ili MM NCI,�i 20 years. Stella Jimenez, has 7 years of experience in the Steam Cleaning business, is our Office �['IliM �C,'� ?��9( Manager and handles customer service. Most RecovrX employees have at least 5 years of experience in the steam cleaning business. We pride ourselves in customer service, service done right and follow up for customer satisfaction after each and every job. As for our employees, we have safety meeting on a weekly basis. Workers are trained on safety first and example, placing cones and barricades where 18001 So. Figueroa, Unit D • Gardena, California 90248 • 310.323.6960 • Fax 310.323.6961 • recovrxusa.com z. Exhibit B needed before commencing the work at hand. Equipment training is done when the employee is hired and refresher courses on an ongoing basis. Balboa Village has residential and certain operations that open early. Because of this, we will run more equipment than usual to accommodate the deterrents. The steam cleaners are 3000 PSI at 200 Degrees of heat with pressure control. We will also use the latest in technology with an electric steam cleaner for areas needed because of residential concerns. All of RecovrX employees have been trained properly on coning off the area and sand bagging the storm drains. Once the work has commenced, we have one worker steam cleaning and one worker vacuuming besides the sand bags, preventing any water from entering into the storm drain. Once the job is done, we then go back, wipe down and squeegee clean any windows that get wet. This eliminates any merchant complaints about getting their windows wet. The waste -water is a sensitive issue. It is vacuumed and sent to our recyclers. The recyclers clean the waste -water from 50 microns to 20 microns to 5 microns for reuse in the steam cleaning process. Waste -water and sludge that has been collected throughout the job is hauled back to our company yard. We then place the contaminants into a 55- gallon drum for Infinity Environmental to haul away. These drums are taken to a class II non - hazardous dumpsite for disposal. On file and upon request, we can provide you, the customer a copy of the manifest at any time. RecovrX will famish all materials and equipment needed to execute this contract. Each of our 9 vehicles carry a steam cleaner, portable steam cleaner in case one breaks down, generator and recycling and vacuum system. Managing this contract will be strategically put into place in this order. The direct contact will be Mario Costa, 20 years of experience in steam cleaning services, he will maintain constant contact with Rick Greaney on all work that is being done, as well as customer service and merchant complaints if any. Armando Ruiz, 10 years of experience, will take on the scheduling, coordinating the crews and constant supervision and will also supply Rick Greaney with weekly reports and monthly schedules. Stella, Office Manager with 7 years of experience, will take on customer service and billing. Any complaints, emergencies or questions, Stella will answer or direct them to Mario Costa or Armando Ruiz immediately. Our emergency numbers are as follows, 310- 930 -8647 or Armando Ruiz 310- 930 -8735 these numbers work for after hours, during business hours 310- 323 -6960. Any emergencies or complaints will be taken care of within I to 2 hours. "We pride ourselves in Customer Service ". Exhibit B Public Agencies We Currently Provide Services To: *City of Newport Beach (2 year performing service) Contact: Rich Greaney 949 - 644 -3067 *City of Huntington Beach (13 years performing service) Contact: Larry Neishi (Public Works) 714 -536 -5287 Jim Jones (Tree and Landscape) 714- 960 -8861 17371 Gothard Street Huntington Beach, CA • Steam clean Main Street 2x/month • Janitorial at Pier Plaza Daily • Steam clean Pier Plaza Ix/week *City of Orange (3 years performing service) Contact: Bob Vonshilmonmen (Public Works) 714 -532 -6487 John Lurcher (Street Maintenance) 714 -532 -6544 637 W. Struck Avenue Orange, CA • Steam clean Glassell and Chapman Ix/month • Train Depot Ix/month • Plaza every other month • All Restaurant sidewalks Ix/week *City of Manhattan Beach Contact: Juan Price 310- 802 -5310 3621 Bell Avenue Manhattan Beach, CA o Steam clean on an as needed basis Contract Schedule (Scope of Work) DRY-1: Phase I Lithocrete: Balboa Market has to be done first thing with one machine because they bring out table and chairs early morning as well as the restaurants located on Main Street and Bay Avenue. Once those are done we will place one machine on Phase 1 lithocrete on Balboa Avenue and one machine on Phase 2 lithocrete on Main Street. Finishing those two streets we will have one machine on the pier phase one lithocrete. Exhibit B 221.L Phase 2 Lithocrete: We will commit one machine on the Phase 2 lithocrete patterned on the boardwalk. We will be sensitive to the residents that live in and around these areas. We will be using the electric steam cleaners where necessary. Another machine will be on the side's streets of phase 2 lithocrete, which are Palm and Washington Avenue. The job will be done on Mondays and Tuesdays. Once Per Month: We will steam clean designer concrete on Main Street once per month. All work to be steam cleaned, will be done utilizing state -of -the -art recycling equipment simultaneously while cleaning. Thank you for the opportunity to bid your project. We look forward to continuing to service your cleaning needs. Please feel free to call me if you have any questions 310- 323 -6960. Sincerely Yours, David Dworsky President, CEO 3CRIPTION OF WORK 1. Steam Clean Lithocrete Sidewalks (64,793 sq. a. Once per week b. Once every other week Steam Clean Designer Roadway (9,104 sq. ft.) a. Once per Month Dtal Prevailing Wage Bid (Items I and 11): $136,203 ATTACHMENT C BID COSTS 5 Months (May 1 - Sept. 30) 12 7 Months I 12 Months (Oct 1. -April 30) (Oct. 1 - Sept. 30) EXHIBIT D UNIT PRICES A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. C. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the RFP. FUNCTION COST /UNIT OF MEASURE Sidewalk Steam Cleaning $.049 /per square foot Roadway Steam Cleaning $.18 /per square foot