Loading...
HomeMy WebLinkAbout15 - City Wide Street SweepingCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 January 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 - 644 -3055 mharmon @newportbeachca.gov SUBJECT: CITY WIDE STREET SWEEPING: REQUEST FOR PROPOSAL (RFP) ISSUES: Should the City consider contract street sweeping? RECOMMENDATION: Staff recommends that the City Council take the following action: 1) approve the attached Street Sweeping Request for Proposal (RFP) document for distribution to the list of contractors on file with the General Services Department, 2) authorize staff to return to Council with a recommendation on how street sweeping services are to be provided and a selected firm, if appropriate. DISCUSSION: At the September 22 "d, 2009, Council Study Session, staff presented information on the current street sweeping program which is performed with City personnel and equipment. The presentation (Attachment A) included discussion on costs, vehicle condition and replacement, recent municipal contracts, and a proposed pilot program. Due to the age and condition of the current fleet of street sweepers, and the high cost of purchasing Air Quality Management District (AQMD) compliant equipment, staff recommended that the City seek proposals from commercial sweeping contractors to conduct a six -month pilot program within the City. The intent of the pilot program was to determine the comparative costs associated with contract sweeping, the challenges involved with posted streets, and the level or quality of service that would be received. City Wide Street Sweeping: Request for Proposal January 12, 2010 Page 2 On October 13th, 2009, staff presented a draft RFP to the Finance Committee for review and comment. The draft RFP has two significant changes from our original recommendation that envisioned merely a pilot project. First, we know propose a RFP for sweeping the entire City on a long -term, multi -year contract, and forgo the pilot program concept. The main reason for this is the time involved in preparing a RFP, analyzing bids, and awarding a contract for a term as short as six months. In lieu of a pilot program, staff recommends that a contract, if appropriate, be awarded for the entire City with a phased -in approach to implementation. This approach will allow for an incremental changeover of service provider so that issues and problems within one area can be resolved prior to the start of service in a different area of the City. Secondly, we now propose that respondents offer two service alternatives; one for bi- monthly sweeping and one for the weekly sweeping schedule that we now do. Several cities have moved to a bi- monthly program to reduce operational costs. However, when considering changing the weekly sweeping of residential and commercial streets in Newport Beach, we will want to consider the change's impact on water quality issues, storm /tide clean -up, and posted street enforcement/sign changes. The Finance Committee supported the draft RFP, including the two changes noted above, and directed staff to return to the full Council for approval. Bid / Proposal Analysis As stated in the attached RFP (Attachment B), staff will be analyzing each proposal received based on the following criteria: Background and Experience, Technical Expertise, Management Plan, and their Proposed Cost. A committee of various department staff members, including Administrative Services and Public Works Departments, will be formed to analyze each bid and determine a recommendation for City Council consideration. FUNDING: There is no financial impact due to the release of the RFP. ENVIRONMENTAL REVIEW: This action requires no environmental review, as it is not a project pursuant to CEQA. LEGAL REVIEW The City Attorney's Office has reviewed the attached RFP and approved as to form. City Wide Street Sweeping: Request for Proposal January 12, 2010 Page 3 Prepared /Submitted by: Mark Harmon General Services Director Attachment: (A) September 22, 2009, Power Point Presentation (B) Request for Proposal (RFP) for City Wide Street Sweeping Services Street Sweeping Review Current Program & Costs, Vehicle Condition, Recent City Contracts, Proposed Pilot Program September 22, 2009 GENERAL SERVICES '''! ?' DEPARTMENT Current Program • 4 Sweepers & 4 Crewmembers 0 5t" (backup) added 2 days per week • 2,426 tons of debris collected FY08 -09 • 40% of City streets posted as "No Parking" • Benefits • Clean streets • Special events, emergency response GENERAL SERVICES DEPARTMENT September 22, 2009 Current Costs Summary (Based on FY 2008 - 2009 Estimated) Annual Salaries & Benefits $ 407,616.71 ■ Annual Equipment Maintenance & Replacement $ 428,975.28 ■ Annual Fuel $ 68,574.40 ■ Annual Disposal $ 55,191.50 ■ Annual Hauling $ 71,813.71 ■ Total Annual $ 1,032,171.60 Revenue From Other Agencies $ (24,000.00)* Adjusted Total Annual $ 1,008,171.60 Curb Miles Swept per Year 52,649 Cost per Curb Mile $ 19.15 *Caltrans funds maintenance of Coast Highway except between Jamboree & Newport Coast Drive * *One -time CNG Replacement Difference per vehicle $60,000 GENERAL SERVICES DEPARTMENT September 22, 2009 Recent City Contracts City Cost /curb mile South El Monte $14.20 Walnut $14.56 Diamond Bar $14.58 Covina $15.19 Laguna Hills $16.80 Murrieta $17.71 Newport Beach $19.1 5 Dublin $20.37 - AVERAGE- $20.92 La Puente $22.43 Rosemead $22.90 Lafayette $24.42 West Covina $24.74 Westminster $24.75 Oakdale $24.90 El Ceritto $25.00 Cathedral City $26.90 Santa Clarita $27.07 $30.00 $20.00 $10.00 $0.00 Cost /curb mile rG °a°JC �\\�J�� °�G OJJ��P�a �QOy�� a��SG °,e\ce��aea��Grea��\�`� Sources: City of Citrus Heights Sweeping Cost Research (April 9, 2009) City of Walnut Sweeping Cost Research (April 8, 2009) !,I'- GENERAL SERVICE$ DEPARTMENT September 21)09 .,;,fro; Vehicle Condition • City Council Policy F -9 • Street Sweeper Replacement: 7 years • Vehicles to be Replaced: • #3329 1997 99,649 miles • #3322 1999 109,433 miles • #3328 2000 99,957 miles • #3620 2002 91,158 miles • #3623 2002 86,060 miles • #3626 2002 64,161 miles • Competitive Bid (August 13, 2008) • GCS Western Power & Equipment: $259,861.48 • Alternative Fuel (CNG) GENERAL SERVICES September 22, 2009 '- DEPARTMENT p Proposed Pilot Program • 12 month term • Contractor in City five days per week • Diverse routes in non - posted areas • Reassign 2 existing staff members v- .GENERAL SERVICES DEPARTMENT September 2009 apt Proposed Route Changes City of Newport Beach Street 5wveping Routes - MOJ"rtU Cl,lANGl-,*Sz 1611P 2OD9 .......... 4 GENERAL SERVICES ,v September 22, 2009 DEPARTMENT Questions Current Program & Costs, Vehicle Condition, Recent City Contracts, Proposed Pilot Program a. GENERAL SERVICES September 22, 2009 ..; DEPARTMENT General Services Department M 1 1.,f°og® Request for Proposal STREET SWEEPING (Alternative Fuel Only) January 2010 City of Newport Beach - Request for Proposal Street Sweeping TABLE OF CONTENTS Introduction........................................................................................ ..............................1 Attachment A: Instructions and Conditions ........................................ ..............................3 Attachment B: Description of Project ................................................ .............................11 Attachment C: Detailed MapS .......................................................... .............................18 Attachment D: AQMD Rule 1186.1 ................................................... .............................21 Attachment E: Total Annual Cost Form.. ....................................................................... 29 Attachment F: Unit price FORM ........................................................ .............................30 Attachment G: Statement of Compliance .......................................... .............................31 Attachment H: Draft Agreement ........................................................ .............................32 City of Newport Beach - Request for Proposal Street Sweeping INTRODUCTION The City of Newport Beach is issuing this request for proposals (RFP) for the sweeping of 655 curb miles of City streets on a weekly and twice monthly basis. After a careful review of each submitted proposal, the City will conduct an evaluation leading to the selection of a contractor and the award of a contract. The resulting contract is intended as a five (5) year contract, renewable thereafter on an annual basis up to a maximum of five (5) years based on the contractor performance. Additional streets, as developed, assumed or determined by the City for sweeping, may be added to or removed from the contract. Copies of this request for proposal may be obtained in person at the Administration office of the General Services Department located at 592 Superior Avenue, Building A, Newport Beach. Please do not mail any correspondence to the Superior Avenue address as it is not a valid mailing address. Please be advised that the City is soliciting for bids for alternative -fuel sweepers ONLY. Pursuant to AQMD Rule 1186.1 an alternative -fuel sweeper means a sweeper with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. Hybrid - electric and dual fuel technologies that use diesel fuel are not considered alternative -fuel technologies for the purposes of Rule 1186.1. SCHEDULE OF EVENTS RFP Release Monday, January 18, 2010 Mandatory Pre - Proposal Meeting 9:00 AM, Tuesday, February, 2, 2010 Proposal Due Friday, February 19, 2010 Award of Contract March 2010 Contractor In -Place April 2010 II. INSTRUCTIONS AND CONDITIONS See Attachment A III. DESCRIPTION OF PROJECT See Attachment B IV. CITY POINT OF CONTACT The sole source of contact regarding this RFP is Jim Auger, Operations Support Superintendent, (949) 718 -3477. Individuals or firms interested in submitting a proposal are asked not to contact other members of the City of Newport Beach staff in connection with the RFP prior to the announcement of the selected contractor. 1 City of Newport Beach - Request for Proposal Street Sweeping All written inquires related to this RFP are to be delivered in- person in a sealed envelope to the City Corporation Yard, Building A located at 592 Superior Avenue, Newport Beach or submitted by mail to 3300 Newport Blvd, P.O. Box 3300, Newport Beach. V. CITY OF NEWPORT BEACH BUSINESS LICENSE The contractor shall obtain and maintain in effect a valid City of Newport Beach Business License prior to commencement of work and during the entire time that work is being performed under the contract. Questions regarding business licenses should be addressed to the Revenue Division at (949) 644 -3141. VI. PROFESSIONAL LICENSES, PERMITS, ETC. Contractor represents and warrants to the City that he /she has, and will keep in effect at all times during the term of a contract with the City, all licenses, permits, professional qualifications, and approvals of whatever nature that are legally required to practice his /her trade. Compliance with any and all AQMD regulations is necessary as well. AQMD rules may be viewed on -line at http: / /www.agmd.gov /rules /index.htmi. Confirmation of compliance with AQMD rules must be contained in the proposal. VII. DELIVERABLES The Contractor is responsible for the following deliverables in keeping with the schedule described in subsection below: a. Proposal in the format and content explained in Section II (Attachment A). b. Completed Total Annual Cost Form (Attachment E). c. Completed Unit Price Form (Attachment F). d. Signed Statement of Compliance (Attachment G). VIII. PROPOSAL DUE DATE Contractor must submit one (1) original and two (2) complete copies of the proposal (copies must be marked "COPY "). All proposals must be delivered to the City Corporation Yard, Building A located at 592 Superior Avenue, Newport Beach no later than 11:00 AM on Friday, February 19, 2010. Proposals will become a part of the official files of the City of Newport Beach and will not be returned. The front of the sealed envelope enclosing the proposal must include the name of the contractor and be labeled: CONFIDENTIAL PROPOSAL FOR STREET SWEEPING PA City of Newport Beach - Request for Proposal Street Sweeping ATTACHMENT A: INSTRUCTIONS AND CONDITIONS GENERAL CONDITIONS A. Pre - Contractual Expenses Pre - contractual expenses are defined as expenses incurred by Contractor in: 1. Preparing a proposal in response to this RFP. 2. Submitting that proposal to the City of Newport Beach. 3. Negotiating with the City of Newport Beach any matter related to this RFP, proposal, and/or contractual agreement. 4. Any other expenses incurred by the Contractor prior to the issuance of the Notice of Commencement. The City of Newport Beach shall not, in any event, be liable for any pre - contractual expenses incurred by any Contractor. In addition, no proposal shall include any such expenses as part of the price proposed to perform the street sweeping services as described in this RFP. B. Authority to Withdraw RFP and /or Not Award Contract The City of Newport Beach reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any contract will be awarded to any Contractor responding to the RFP. The City expressly reserves the right to postpone the opening of proposals for its own convenience and to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). The City also reserves the right to negotiate with the successful bidder concerning various alternatives. C. Pricing Approach The City of Newport Beach intends to award a fixed annual contract price for the maximum five -year term of this contract (initial two -year term, renewable annually based on performance). The primary purpose of the Unit Price Form (Attachment F) proposal is to provide for additional contracted work during the course of the contract or establish clear payment deductions for contract duty not rendered. It is possible that the City may increase the number of improved streets either through construction or annexation. D. Right to Reject Proposals The City of Newport Beach reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the Contractor, 3 City of Newport Beach - Request for Proposal Street Sweeping which, in the opinion of the City, is best qualified to execute the services provided for in the contract. The City also reserves the right to select and substitute unit prices for total costs. E. Proposal Evaluation Criteria Proposals will be evaluated by an evaluation committee on the basis of the response to all provisions of this RFP. Equal weight will be given to the individual sections listed below. A final score will be calculated for each submitted proposal and used to rank the proposers to determine the lowest - priced responsible proposer. 1. Background and Experience 2. Technical Expertise 3. Management Plan 4. Cost Estimate F. Compliance with Applicable Laws The Contractor shall have in his /her possession and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws, ordinances, and regulations governing Affirmative Action programs. The Contractor shall provide all safeguards and protective devices and take any other action necessary to protect the health and safety of their employees on the job, safety of City employees and the public in connection with the performance of the work required by this contract. Nothing in this contract shall be construed to relieve the Contractor from compliance with all applicable laws whether municipal, county, state or federal. G. Suspension and/or Cancellation of Contract In the event the Contractor fails or refuses to timely perform in accordance with the agreement or if Contractor violates any provisions of the agreement, the 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 the Agreement or authorized by law, terminate the Agreement by giving written notice of termination. M City of Newport Beach - Request for Proposal Street Sweeping In addition, the City reserves the right to terminate the agreement without cause upon thirty (30) days written notice. Upon termination, City will 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. H. Examination of Site and Work City makes no representation about the order or condition of the work areas nor does the City warrant that the work area will be free from defects, either apparent or hidden, at the commencement of, or at any time during the term of the contract. Proposing firms must examine the location, physical conditions and surroundings to determine how these factors will influence the performance of the contract work. By entering into the contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications. I. Assignment of Contract The Contractor shall not assign this contract without the written consent of the City. J. Workmanship and Supervision 1. The Contractor shall provide sweeper operators and equipment sufficient to complete the work as specified herein. All workers are to be legally documented. The City may request these records. 2. Work shall be performed by competent and experienced operators. All employees must have the appropriate class of driver's license for the type of equipment they are operating. 3. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and foremen must communicate effectively, both in written and oral English, and shall be present at all times during contract operations. Any order given to these supervisors or foremen shall be deemed as delivered to the Contractor. 4. All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Operations Support Superintendent. All personnel shall wear identification badges or patches. 5. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor. 5 City of Newport Beach - Request for Proposal Street Sweeping K. Equipment All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly manner and shall be in good working order. The General Services Director, or his authorized agent, may reject any vehicle or piece of equipment and order it removed from the service area(s). Vehicles and equipment must meet all current federal, State, and AQMD regulations. Contractor vehicles used within this contract shall, at all times, bear identification signs that the contractor is performing services for the City. The Operations Support Superintendent shall approve these signs prior to installation by the contractor. AQMD Rule 1186.1 requires that any governmental agency that contracts for sweeping services to seek bids from companies using alternative -fuel sweepers. L. Safety Requirement 1. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Operations Support Superintendent reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a M.A.T.C.H." work area traffic control manual at all times. 2. The Contractor shall maintain all service areas free of hazards to persons and/or property resulting from his /her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the Operations Support Superintendent. M. Claims by Contractor's Employees 1. The Contractor shall hold harmless the City and all of its agents, employees, and officers from any and all damages or claims, of any kind or nature that may be made or may arise directly or indirectly for the performance of duties by the Contractor. 2. Contractor shall not permit access into any City of Newport Beach or other private structures by any unauthorized persons. N. Liability for Damages 1. The contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor's operations under this contract. n City of Newport Beach - Request for Proposal Street Sweeping 2. The Contractor may insure the equipment, materials, and work to cover Contractor's interest in the same. The City will not, under any circumstances, be answerable or accountable for any loss or damage that may happen to said equipment, materials and work, or any part or parts thereof, used and employed in fully completing the contract. 3. Contractor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorney's fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work or activities conducted or performed by Contractor pursuant to a mutual contract. O. Advertising No advertising of any kind or description, bill posters, printed, painted, or by the use of any other method application legible to human sight, shall appear on any equipment, buildings, structures, fences, canopies, posts, or signs except valid and authorized legal notices required to be placed thereon and except as may he specifically authorized in these general conditions. II. PROPOSAL FORMAT AND CONTENT Proposals should be typed and as brief as possible. They should not include any elaborate or unnecessary promotional material. The following order and content of proposal sections should be adhered to by each Contractor: A. Cover Letter A cover letter not to exceed three (3) pages in length should summarize key elements of the proposal. The letter must be signed by an individual authorized to bind the Contractor. The letter must stipulate that the proposed pricing will be valid for a period of a minimum of five (5) years, indicate the address and telephone number of the Contractor's office located nearest to Newport Beach, California, and the office from which the contract will be managed. B. Background and Approach The Background and Approach Section should describe the proposing firms understanding of the City and the work to be done. C. Methodology This section should clearly describe the methodology to be used to carry out the specific work tasks described in the Work Plan, including descriptions of the type(s) of equipment to be utilized in the City. City of Newport Beach - Request for Proposal Street Sweeping D. Work Plan Describe the sequential work tasks you plan to carry out in accomplishing this contract. Indicate all key deliverables and their contents. E. Contract Organization and Staffing Describe your approach and methods for managing the contract. Provide an organization chart showing all proposed contract team members. Describe the responsibilities of each person on the contract team. Identify the Contract Director and/or Manager and the person who will be the key contact with the City of Newport Beach. Include a statement indicating the availability of the members of the contract team for the duration of the contract. Please include a brief statement of qualifications for key members of the contract team with particular emphasis on their experience and professional affiliation. Also include any additional information or staff support that will be required from City personnel. In addition, please provide a current copy of the operating procedures, employee manual, or equivalent document. F. Related Experience Describe recent, directly related public agency experience. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; name of the Contract Director and /or Manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address, and telephone number. The City of Newport Beach reserves the right to contact any of the organizations or individuals listed. G. Contract Schedule Provide a schedule for sweeping each of the contract areas, based upon the attached map (Attachment C). H. Cost Data Indicate the total annual cost using the Total Annual Cost Form (Attachment E) for which you will conduct the contract based upon the information provided, as well as the Unit Price Form (Attachment F). I. Statement of Compliance Contractors must submit a Statement of Compliance (Attachment G) with all parts of the Request for Proposal and Draft Agreement (Attachment H) terms and conditions, or a listing of exceptions and suggested changes, along with a M City of Newport Beach - Request for Proposal Street Sweeping description of any cost implications or schedule changes the exceptions and /or changes cause. The Statement of Compliance must declare either: 1. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or 2. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. For each exception and /or suggested change, the Contractor must include: a. The suggested change in the RFP or rewording of the contractual obligations. b. Reasons for submitting the proposed exception or change. c. Any impact the change or exception may have on contract costs, scheduling, or other considerations. J. Other Information Include any other information you consider to be relevant to the proposal. Additional optional services may be provided at the discretion of the contractor. K. Employment Provision Contractor agrees that in carrying out its responsibilities under this agreement, and in particular with regard to the employment of persons and sub - contractors working on the contract, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed by Contractor here under is subcontracted to another person or firm (with approval of the City as required herein), sub - contract shall contain a similar provision. L. Insurance Coverage On or before the commencement of the term of this Agreement, Contractor shall furnish the City with certification showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 1, 2, and 3 below. Such certificates, which do not limit the Contractor's indemnification, shall also contain substantially the following: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days advance notice to the City of Newport Beach by certified mail." �61 City of Newport Beach - Request for Proposal Street Sweeping 1. Commercial General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Coverage shall include third party liability risks, including without limitation, contractual liability. The aggregate limit shall not be less than $4,000,000. 2. Worker's Compensation: Statutory coverage as required by the State of California. 3. Commercial Auto Liability and Property Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. Please refer to Section 8 (Insurance) of Draft Agreement (Attachment H) for further insurance requirements. M. Guarantees Unless otherwise specified, the Contractor shall guarantee that the work performed under the Contract will be performed to the highest standards specified in the RFP and remain as such for the term of the contract. Whenever, in these specifications, written guarantees are requested, or specified, the Contractor shall guarantee the products therein described for the time specified and no further guarantee shall be required. `IQ City of Newport Beach - Request for Proposal Street Sweeping ATTACHMENT B: DESCRIPTION OF PROJECT I. SCOPE OF WORK Furnish all labor, equipment, materials, and supervision to perform maintenance as described herein including, but not limited to, the following: Using a modern mechanical or vacuum street sweeper, thoroughly sweep each improved street in the City on a weekly or twice monthly basis. II. DEFINITIONS a. Curb Mile — measurement of curbing of streets and medians b. Linear Mile — measurement of actual miles driven in order to satisfactorily clean streets to the City standard, which may require multiple passes depending on condition and width of street c. Curb -to -Curb — area within the curb limits of the street including medians, intersections, and street ends d. Holiday — all days observed by the City as holidays including: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving (including the following Friday), Christmas Eve & Christmas Day, New Year's Eve. e. Inclement Weather — weather conditions that prohibit the effective operation of sweeping operations f. Debris — litter, rubbish, leaves, sand, dirt, garbage, and other foreign material g. Street — all paved dedicated public rights -of -way within the existing or future corporate limits of the City h. Re -sweep — sweep required when previous sweeps are deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation i. Special Sweep — sweep involving unusual conditions such as traffic hazards, parades, and similar events billed at an hourly rate including travel time. If appropriate, prior approval from General Services Director or designee is required j. Travel Speed — sweeper operator must maintain a speed of no more than six miles per hour while the sweeping broom is lowered in the operating position 11 City of Newport Beach - Request for Proposal Street Sweeping III. WORKING HOURS Normal working hours shall be within an eight -hour day between the hours of 5:00 AM and 4:00 PM, Monday through Friday. IV. LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest maintenance standard Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases, to ensure curb -to -curb coverage of the street. Streets with raised medians (commercial and residential) shall have their curb -gutter perimeter swept, including turnouts. Street - grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line. Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property. A significant number of City streets are posted no parking for street sweeping during designated hours on various days of the week. It is imperative that the Contractor maintain a firm schedule for sweeping posted streets, as the Contractor is required to coordinate sweeping operations with Parking Control Officers from the Newport Beach Police Department. The Contractor is required to sweep parking lots, including the City Utilities and Corporation Yards, adjacent to streets along the scheduled route. An acceptable alternative to hand sweeping, for locations such as street ends and portions of parking lots, will be considered. Any alternative must be included in this proposal and approved by the Operations Support Superintendent. The Contractor is required to correct deficiencies within the time specified by the City. Re- sweeps of the deficient area will not be billed to the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. The Contractor shall perform 150 curb miles of special event sweeps "free -of- charge" for each contract year at the request of the City. These sweeps are not re- sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. These may be used to clean before and after a traffic hazards, parades, and similar events, or for any reason that the City chooses. Q City of Newport Beach - Request for Proposal Street Sweeping The Contractor shall perform 250 curb miles of inclement weather sweeps "free -of charge" for each contract year at the request of the City. These sweeps are not re- sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standard. V. TERM OF CONTRACT Unless earlier terminated as allowed for in the Agreement, contract term shall be for a period of five (5) years. The term is intended to commence in April 2010, after City Council approval of this contract, and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for up to five (5) additional one (1) year terms with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. VI. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Newport Beach General Services Department. There shall be a minimum of one monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by the Contractor will be submitted in writing to the City on a weekly basis. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. 13 City of Newport Beach - Request for Proposal Street Sweeping VII. SPECIFICATIONS This Description of Project is intended to cover all labor, material and standards of workmanship to be employed in the work called for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. VIII. CORRESPONDENCE All correspondence shall be addressed to Jim Auger, Operations Support Superintendent, General Services Department, City of Newport Beach, P.O. Box 1768, Newport Beach, 92658. IX. PROVISIONS FOR EXTRAS No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs. Documentation of contract compliance may be required on some occasions. X. WATER The Contractor will be issued water meter(s), which must be utilized when filling equipment from City fire hydrants. The Contractor will be responsible for the deposit required to obtain the water meter(s) and all charges stemming from the use of City water. XI. DISPOSAL Disposal at the City Corporation Yard will be permitted. MI. 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. Payment for this work will not be authorized unless the additional work and the costs thereof are first approved by the City. A phone log will be submitted monthly of all calls from the City of 14 City of Newport Beach - Request for Proposal Street Sweeping Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service, and a description of the action taken from the City call. The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written sweeping schedule to the Operations Support Superintendent. This schedule shall clearly identify the sweeping tasks required by this agreement and days they are scheduled to be performed in each particular area. If it is necessary to make periodic revisions to this maintenance schedule, a modified schedule must be submitted to the Operations Support Superintendent for approval prior to the date the changes are to take effect. Otherwise, it is intended that the Contractor will develop a permanent schedule, which will allow the City to monitor the Contractor's progress and allow residents to move vehicles, etc., to further ease the sweeping of streets. The Contractor shall permit the City to inspect and audit its books and records regarding City- provided services at any reasonable time. XIII. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. XIV. CONTRACTOR'S OFFICE Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no onsite storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. XV. SCHEDULES A. Phased Implementation 1. The sweeping operations shall be implemented utilizing a phased approach in which contract staff will assume incremental responsibility of areas of the city over the course of 12 months. 15 City of Newport Beach - Request for Proposal Street Sweeping 2. City staff shall remain responsible for areas of the city that are not specifically assigned to contract staff. B. Annual Schedule 1. The Contractor shall provide an annual schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 2. The Contractor shall complete the schedule for each functional area in a manner which shall correspond to the twice per month schedule. 3. The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. 4. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. C. Monthly Schedule 1. Monthly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. 2. The Contractor shall complete the schedule for each item of work and each area of work. 3. The initial schedule shall be submitted one week prior to the effective date of the contract. Thereafter, it shall be submitted monthly on the first Monday of the month for City approval, prior to scheduling work for the upcoming month. 4. Changes to the schedule shall be received by the Operations Support Superintendent at least twenty -four (24) hours prior to the scheduled time for the work. 5. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or week. 6. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall he scheduled for all holidays and rainy days, unless otherwise indicated by the City. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting 16 City of Newport Beach - Request for Proposal Street Sweeping those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled. XVI. Performance During Inclement Weather 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. 2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 3. The Contractor shall immediately notify the Operations Support Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. 4. The Contractor shall perform 250 curb miles of inclement weather sweeps "free -of charge" for each contract year at the request of the City. These sweeps are not re- sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. 17 City of Newport Beach - Request for Proposal Street Sweeping ATTACHMENT C: DETAILED MAPS Detailed maps available on -line: http: / /www6.city. newportbeachca.gov /website /I nteractiveMap /map. asp le A N O O. O a 0 w � w N = 7 Q �3 �N L 0 $� d z w 0 U N O G O L a L O Y VI N = 3 Q ay m �3 t () U m � i O y CL 3 m z w O Y U 0 N City of Newport Beach - Request for Proposal Street Sweeping ATTACHMENT D: AQMD RULE 1186.1 Rule 1186.1 - Less - Polluting Sweepers (Adopted August 18, 2000)(Amended June 4, 2004) (Amended September 9, 2005)(Amended May 5, 2006) RULE 1186.1. LESS - POLLUTING SWEEPERS (a) Purpose To reduce air toxic and criteria pollutant emissions, this rule requires certain public and private sweeper fleet operators to acquire alternative -fuel or otherwise less- polluting sweepers when purchasing or leasing these vehicles for sweeping operations undertaken by or for governments or governmental agencies in the jurisdiction of the South Coast Air Quality Management District (District). (b) Applicability (1) This rule applies to any federal, state, county, city or governmental department or agency, any special district such as water, air, sanitation, transit, and school districts, or private individual firm, association, franchise, contractor, user or owner who provides sweeping services to a governmental agency that owns or leases 15 or more vehicles, including passenger cars, light -duty trucks, and medium- and heavy -duty on -road vehicles, but excluding those vehicles exempt as defined by Rule 1191 paragraph (f)(1). 21 City of Newport Beach - Request for Proposal Street Sweeping (2) Sweepers having a gross vehicle weight of 14,000 pounds or more are subject to this rule. (c) Definitions For purposes of this rule, the following definitions shall apply: (1) AFFECTED GOVERNMENTAL AGENCY means any governmental agency in the District's jurisdiction that owns or leases 15 or more vehicles, including passenger cars, light -duty trucks, and medium- and heavy -duty on -road vehicles, excluding those exempt as defined by Rule 1191 paragraph (f)(1). (2) ALTERNATIVE -FUEL SWEEPER means a sweeper with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. Hybrid - electric and dual - fuel technologies that use diesel fuel are not considered alternative -fuel technologies for the purposes of this rule. (3) APPROVED CONTROL DEVICE(S) is a California Air Resources Board (CARB }certified exhaust control device(s) that reduces particulates and possibly other precursor emissions. To be considered fitted with approved control device(s), all diesel exhaust from the sweeper, including the auxiliary engine (if applicable) must be vented through such a device(s) that have been certified by CARB at the time of vehicle purchase. (4) FLEET OPERATOR is any federal, state, county, city, or governmental department or agency, any special district such as water, air, sanitation, transit, and school districts, or private individual firm, association, 22 City of Newport Beach - Request for Proposal Street Sweeping franchise, contractor, user or owner who provides sweeping services to a governmental agency that owns or leases 15 or more vehicles, including passenger cars, light -duty trucks, and medium- and heavy -duty on -road vehicles, excluding those exempt as defined by Rule 1191 paragraph (f)(1). (5) GOVERNMENTAL AGENCY include any federal, state, regional, county, city, or governmental department and agency, and any special district such as water, air, sanitation, transit, and school districts. See AFFECTED GOVERNMENTAL AGENCY. (6) LOW- SULFUR DIESEL FUEL means diesel fuel that has a maximum sulfur content of 15 parts per million (ppm). The use of low- sulfur diesel fuel improves the performance of and may be necessary for the use of advanced exhaust control devices. (7) PURCHASE OR LEASE means that a purchase or lease contract has been signed by both parties for a sweeper to be delivered within 1 year of the purchase or lease contract date, which is the date the contract is signed by both parties. (8) SWEEPER means any heavy -duty vehicle with a gross vehicle weight of 14,000 pounds or more that is permitted to operate on public roads through California Department of Motor Vehicle registration or the federal government and used for the express purpose of removing material from paved surfaces, by mechanical means through the action of one or more brooms, or by suction through a vacuum or regenerative air system or any combination of the above. (9) SWEEPING OPERATIONS means operations to remove material from 23 City of Newport Beach - Request for Proposal Street Sweeping paved surfaces using sweeper(s), as defined by this rule. (d) Requirements For Fleet Operators: (1) Beginning July 1, 2002, a fleet operator shall meet the following conditions for each individual purchase or lease of a replacement or additional sweeper: (A) Purchase or lease an alternative -fuel sweeper, OR (B) Before July 1, 2008, if the fleet operator has an approved Technical Infeasibility Certification for this individual purchase or lease, as described in subdivision (e), (i) purchase or lease a non - alternative fueled sweeper with all applicable approved control device(s), and (ii) maintain the approved control device(s) per manufacturer's specifications, and (iii) if using diesel fuel, fuel the sweeper with low - sulfur diesel fuel only, and (iv) comply with Rule 1186 without invoking the exemption provision in Rule 1186 paragraph (i)(3), unless a demonstration is made to the Executive Officer that for solely technical reasons no certified sweeper, as defined in Rule 1186 paragraph (c)(2), is commercially available. For Affected Governmental Agencies Contracting for Sweeping Services: (2) Any affected governmental agency that signs a contract after July 1, 2002 for sweeping services must: 24 City of Newport Beach - Request for Proposal Street Sweeping (A) Contract for sweeping services that use alternative -fuel sweeper(s), OR (B) Solicit bids for sweeping operations using alternative -fuel sweepers and if no bids are submitted: (i) Contract for non - alternative fueled sweeper(s) and ensure that the sweeper(s) are only fueled with low- sulfur diesel and outfitted with approved control device(s) that are installed and maintained per the manufacturer's specifications, and (ii) Contract for sweeper(s) that comply with Rule 1186 without invoking the exemption provision in Rule 1186 paragraph (i)(3), unless a demonstration is made to the Executive Officer that for solely technical reasons no certified sweeper, as defined in Rule 1186 paragraph (c)(2), is commercially available. (3) After January 1, 2003, any renewal or extension option of a contract is considered a new contract that must meet the requirements of paragraph (d)(2)• (e) Technical Infeasibility Certification Criteria and Procedures (1) Six months prior to the date of purchase or lease of a replacement or additional sweeper, any fleet operator seeking to comply with subdivision (d) without purchasing or leasing an alternate -fuel sweeper [i.e., opting to comply with paragraph (d)(2)], shall demonstrate the technical 25 City of Newport Beach - Request for Proposal Street Sweeping infeasibility of complying with paragraph (d)(1) requirements by submitting a signed and dated Technical Infeasibility Certification Request to the Executive Officer and attest to the accuracy of all statements therein, that shall include: (A) the name and address of the fleet operator; and (B) current sweeper fleet composition, including make, model, and a complete description of the sweepers' dust suppression systems; and (C) demonstration that no alternative -fuel engine and chassis configuration is commercially available from any manufacturer for sweeping operations conducted by the fleet operator (only technical reasons for choosing a given chassis configuration are acceptable), OR (D) demonstration that a fueling station for altemative -fuel sweepers commercially available from any manufacturer for sweeping operations conducted by the fleet operator is not available within five miles of the vehicle storage or maintenance yards. (2) Within 90 calendar days of receipt of a completed Technical Infeasibility Certification Request submitted pursuant to paragraph (e)(1), the Executive Officer will either approve or disapprove the Request, in writing. (3) The Executive Officer shall disapprove a Technical Infeasibility Certification Request if it does not meet the requirements of paragraph (e)(1). If a Technical Infeasibility Certification Request is disapproved by 26 City of Newport Beach - Request for Proposal Street Sweeping the Executive Officer: (A) The reasons for disapproval shall be given to the applicant in writing. (B) Upon receipt of a notice of a disapproved Technical Infeasibility Certification Request, the fleet operator shall comply with paragraph (d)(1). (C) The fleet operator may resubmit a Technical Infeasibility Certification Request at any time after receiving a disapproval notification, but must still comply with paragraph (d)(1) until such time as the Executive Officer approves a Technical Infeasibility Certification Request under paragraph (e)(1). (4) A Technical Infeasibility Certification Request is subject to plan filing and evaluation fees as described in Rule 306. (f) Exemptions (1) The provisions of this rule shall not apply to fleets consisting of evaluation /test vehicles, provided by or operated by the vehicle manufacturer or manufacturer representative for testing or evaluation, exclusively. (2) The provisions of subdivision (d) shall not apply to a sweeper purchase by a fleet operator that is solely dedicated to serving governmental agencies that are not subject to this rule, upon demonstration to and approval of the Executive Officer. (g) Compliance Auditing and Enforcement 27 City of Newport Beach - Request for Proposal Street Sweeping (1) At the request of the Executive Officer, the fleet operator shall provide the purchase, lease, or contract records for their sweepers to demonstrate compliance with subdivision (d). (2) At the request of the Executive Officer, any fleet operator claiming an exemption under subdivision (f) shall supply proof that their sweeper or fleet is exempted from this rule. (h) Severability If any provision of this rule is held by judicial order to be invalid, or invalid or inapplicable to any person or circumstance, such order shall not affect the validity of the remainder of this rule, or the validity or applicability of such provision to other persons or circumstances. In the event any of the exceptions to this rule is held by judicial order to invalid, the persons or circumstances covered by the exception shall instead be required to comply with the remainder of this rule. AQMD Incentive Funding Programs Summary of Co- funding Sources http://www.aqmd.gov/tao/FleetRuies/AFVFundingSources.htm Mobile Source Emission Reduction Review Committee http :// www .cleantransportationfundinci.org Carl Moyer Memorial Program Incentives for Purchasing Lower - Emission Heavy -Duty Engines (ARB website) http://www.arb.ca.govlmsprog/mover/moyer.htm Other Links for Finding Fueling Stations http: / /www.agmd. qov /tao /FleetRules /Fuelquides.htm For more information on the fleet rules, call the FLEET RULE IMPLEMENTATION HOTLINE at (909) 396 -3044 or e-mail fleetrules @agmd.gov. Source: http :llwww.aomd.govltaol FleetRules 11186.1Sweeperslindex.htm PU City of Newport Beach - Request for Proposal Street Sweeping ATTACHMENT E: TOTAL ANNUAL COST FORM ROUTE Total Annual Cost (Weekly) Total Annual Cost (Twice monthly) Phase 1 (191.5 curb miles) Phase II (139.3 curb miles) Phase III (94 curb miles) Phase IV (107.3 curb miles) Phase V (122.5 curb miles) $ $ $ $ $ $ $ $ $ $ Total Annual Cost $ $ City of Newport Beach - Request for Proposal Street Sweeping ATTACHMENT F: UNIT PRICE FORM The Contractor agrees that for requested and /or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. Contractor is advised that the unit prices 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 Curb mile Unit Price E Hourly rate for special sweeps Is 'Cie] City of Newport Beach - Request for Proposal Street Sweeping ATTACHMENT G: STATEMENT OF COMPLIANCE Each proposal must be accompanied by a signed Statement of Compliance. The Contractor must sign one of the declarations stated below indicating that the proposal was submitted with or without exceptions to the RFP, the Scope of Work, or Draft Agreement. A. No Exceptions The person signing below declares that the proposal submitted by (Name of Firm) to perform Street Sweeping as described in the RFP dated January 2010 was prepared in strict compliance with the instructions, conditions, and terms of the RFP, the Scope of Work, and Draft Agreement. Signature Printed Name and Title B. With Exceptions Date By signing below, the Contractor states that the proposal submitted by (Name of Firm) has been prepared in consideration of and with exception to some of the terms of the RFP, Scope of Work, and Draft Agreement. The Contractor is advised that exceptions and /or a suggested change to any of the terms of the RFP, the Scope of Work, or Draft Agreement must be submitted in writing as an attachment to the proposal submittal. By signing below, the Contractor declares that the proposal includes a statement that identifies each item to which the Contractor is taking exception or is recommending change, includes the suggested rewording of the contractual obligations or suggested change in the RFP, identifies the reasons for submitting the proposed exception or change, as well as, any impact the change or exception may have on contract costs, scheduling, or other considerations. The City reserves the right to reject any declarations that are not accompanied with the required documentation as described above. Signature Date Printed Name and Title 31 City of Newport Beach - Request for Proposal Street Sweeping ATTACHMENT H DRAFT gRVI,ENT 32