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Home My WebLink About15 - Sidewalk Steam Cleaning ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director (949) 644 -3055, mharmon @newportbeachca.gov SUBJECT: Terminate agreement with HydroBlast, Inc. for Sidewalk Steam Cleaning Services and Contract with Bonanza Steam Cleaning, Inc. for Sidewalk Steam Cleaning Services ISSUE: Staff is requesting approval to terminate the agreement with HydroBlast of Orange and execute an agreement with Bonanza Steam Cleaning of San Juan Capistrano to provide sidewalk steam cleaning services for a period of up to five years. RECOMMENDATION: Terminate the agreement with HydroBlast and approve an agreement with Bonanza Steam Cleaning to provide sidewalk steam cleaning services for two (2) years with an option of three (3) one -year extensions. DISCUSSION: Current Contract The General Services Department circulated a Request for Proposals (RFP) in March of this year for sidewalk steam cleaning services at specific locations (Attachment #1). The City Council approved an agreement with HydroBlast at the May 11 meeting (Attachment #2). HydroBlast commenced work June 1. Insufficient Performance A Letter of Improvement, dated July 1, was sent to HydroBlast regarding observed performance- related issues including: cleanings not completed within scheduled time, numerous requests for re- cleanings due to the jobs not being completed to satisfaction, Terminate Agreement with HydroBlast and Contract with Bonanza Steam Cleaning for Sidewalk Steam Cleaning Services September 14, 2010 Page 2 and a Notice of Violation issued by Code Enforcement for prohibited discharge because they were not capturing the waste water (Attachment #3). On July 30, a Letter of Termination was sent by certified mail to the Contractor (Attachment #4). HydroBlast was provided ample opportunity to improve performance and failed to meet the agreed upon standard of performance as required in the Agreement. The General Services Department holds all of its contractors to the highest industry standards and the majority of contractors meets or exceeds those standards. Recommended Contractor Bonanza Steam Cleaning submitted the second lowest, responsive proposal of the firms responding to the RFP. Based in San Juan Capistrano, Bonanza Steam Cleaning has provided sidewalk steam cleaning and other similar cleaning services utilizing a closed - loop cleaning process for 17 years. Bonanza Steam Cleaning holds contracts with the cities of Dana Point, Lake Forest, and Mission Viejo. Staff completed reference checks with those cities, who stated that they would recommend the contractor. Bonanza Steam Cleaning provided a satisfactory on -site demonstration of their equipment and technical knowledge of steam cleaning practices that recover waste water runoff. A draft agreement with Bonanza Steam Cleaning is included with this report (Attachment #5). Environmental Review: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Legal Review: The City Attorney's Office has reviewed this report and the attached agreement with Bonanza Steam Cleaning. Public Notice: This agenda item was noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability Funding for this agreement is included in the Fiscal Year 2010 -11 budget. The annual cost for sidewalk steam cleaning services under the current contract is $179,040 per Terminate Agreement with HydroBlast and Contract with Bonanza Steam Cleaning for Sidewalk Steam Cleaning Services September 14, 2010 Page 3 year. Based on the proposal from Bonanza Steam Cleaning of $185,380, this agreement would represent an increase of approximately $6,340 per year. Consistent with current practice, staff will continue to evaluate the service levels and frequency on a per -site basis in order to reduce costs, based upon weather and the amount of debris. Prepared by: T'tti2/II✓'t�. Maurice Turner Administrative Analyst Attachments Submitted by: Mark Harmon General Services Director 1. Map of Specific Locations 2. Staff Report May 11, 2010 (less attachment) 3. Letter of Improvement to HydroBlast July 1, 2010 4. Letter of Termination to HydroBlast July 30, 2010 5. Agreement with Bonanza Steam Cleaning, Inc. e "/ B44BO 4 g1VDE eq� � 9 Sidewalk Maintenance Balboa Village PHASE -1 LITHOCRETE SIDEWALK (11390 sq.ft.) LITHOCRETE - PATTERNED (5780 sq.ft.) PHASE -2 - LITHOCRETE SIDEWALK (21230 sq.ft.) ® LITHOCRETE - PATTERNED (30950 sq.ft.) space MAIN ST. DESIGNER CONCRETE (21150 sq.ft.) * ZERO DISCHARGE WATER - CONCRETE SIDEWALK (18540 sq.ft.) BALBOA PIER (26700 sq.ft.) January/2010 8amoaYllage Sitlaxal� nrvtmul 0 A a` OP O eP 1 0� 1 P5 N W-4 o E IS 0 75 150 Feet u NEWPORT 0 0 o N co .t.;"` "' Marine Avenue N N N N `- co r d. r co Pressure Washing Proposal 0 r co rn r 333 327 325 323 321 319 317 315 313 311 309 307 1 303 301 W a T z 0 BAY FRONT ALLEY N 330 326 112 326 324 322 320 318 316 1/2 316 314 312 310 308 306 304 302 300 .inn 333 331 325 323 321 319 319A 319B 317 315 313 1/2 313 311 307 305 112 305 301 BALBOA AVE 7226 sq! ft. 1 332 A -D W a W Z s a . ft. PARK AVE 1Zo7 1305 - � 127 126 S 127 125 124 0 2s 50 -1 122 1/2 Freer I 122 123 121 120 1211/2 DeG2009 MarineAve_PmssureWashing.mxd 0 . _ 91 324 3 322B 22 322C 320 A -D 318 316 314 312 310 308 112 308 306 B 306 A 304 1/2 304 302 1/2 302 mol 226 A -C 224 222 220 1/2 220 218 1/2 218 216 1/2 216 214 210 208 206 204 200 124 122 333 331 329 327 325 323 321 319 317 315 1/2 315 313 1/2 313 311 309 307 305 303 301 227 227 1/2 225 223 221 219 217 215 213 211 209 207 205 205 1/2 203 201 127 125 123 367 Il S�. 324 322 32 320 318 1/2 318 316 314 A 314 B 312 1/2 312 310 308 CANAL WAYI 306 1/2 306 304 302 300 226 1/2 226 224 222 218 216 214 212 210 208 206 206 1/2 204 202 200 126 124 122 227 226 229 A -C 225 224 2251/2 225 223 222 223 221 220 221 219 218 219 112 219 217 216 217 A 217 215 214 215 213 112 213 212 213 211 210 211 A 211 209 112 208 209 209 4371 sq. 207 206 207 ft. 205 204 203 1/2 202 sq. ft.) 203 1306 201 o Sidewalks (24240 1304 1308 PARK AVE 1Zo7 1305 - � 127 126 S 127 125 124 0 2s 50 -1 122 1/2 Freer I 122 123 121 120 1211/2 DeG2009 MarineAve_PmssureWashing.mxd 0 . _ 91 324 3 322B 22 322C 320 A -D 318 316 314 312 310 308 112 308 306 B 306 A 304 1/2 304 302 1/2 302 mol 226 A -C 224 222 220 1/2 220 218 1/2 218 216 1/2 216 214 210 208 206 204 200 124 122 333 331 329 327 325 323 321 319 317 315 1/2 315 313 1/2 313 311 309 307 305 303 301 227 227 1/2 225 223 221 219 217 215 213 211 209 207 205 205 1/2 203 201 127 125 123 367 Il S�. 324 322 32 320 318 1/2 318 316 314 A 314 B 312 1/2 312 310 308 CANAL WAYI 306 1/2 306 304 302 300 226 1/2 226 224 222 218 216 214 212 210 208 206 206 1/2 204 202 200 126 124 122 Sidewalk Maintenance McFadden Square � 7r � s O McFADDEN SQUARE (35600 sq. ft.) . NEWPORT PIER (31450 sq.ft.) McFadden Sidewalk _ame_mvl.mzd January=0 ft. 0� �Q IPN S 0 75 150 Feet \23Qo ;a Z X12 m O \ G � O '\ a l 0 11 "s 5� 0 12 -� Vp N \ N \,01 v L l� MOFP D° 0 O l O � O lio 35600 sq. ft. Q -YF C o � \9�F �q o� ti ryq' V' f\VPORT 99 OA P QP N N aze '\5G °,i O,o(� \R '9L 2 PJfG ar 2 F 03 s ? g 9G 9G ECIO�O 2600 n 2e2e R F S O $&= ul 2647 ICI COAST HWY o n L ,A 0� 9 J� �� 00 y� 9 9L 90� '9L- FOJ 2 .yL 9L� Q PJE O.p� 9L JE 9L ® 9LF w Q U) a' FlRSTAVE 00 LU Q W _Z i 3ry, IL a of ,M1 h Ab LLI a Y g BAYSIDE DR a w ir F- W O a COAST H �� n. :5 n5 i5 n•�+•i $¢ ,iAi¢ v�`Pi3 m`S e3m 3]0> a 71 3(� _ O a, uL—J I I SECOND AVE U U �I Q ❑ } J a LIJ Uj O DOW O Q > 4� o _ a W m Z � a z p 2 a r a L WY E W a Legend Corona del Mar Trash and Bench Locations Trash Can note: Mapped locations are approximate. Bus Canopy 1�1 Bench c sc 100 200 30o 400 Feet m � � 35p1 m P3 9 �P �P 5 s� 9� Q� Q ��WPr�kT O J S CDM SVeetFumilureLocaGOns.m d Dec 2009 TO: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Attachment 1 Agenda Item No. 16 May 11, 2010 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director (949) 644 -3055, mharmon @newportbeachca.gov SUBJECT: Contract with HydroBlast, Inc. for Sidewalk Steam Cleaning Services ISSUE: Should the City execute an agreement with HydroBlast of Orange to provide sidewalk steam cleaning services for a period of up to five years? RECOMMENDATION: Approve an agreement with HydroBlast to provide sidewalk steam cleaning services for two (2) years with an option of three (3) one -year extensions. DISCUSSION: Backqround Balboa Village, Marine Avenue, McFadden Square, and Corona del Mar are some of the City's highest pedestrian traffic areas during the summer months and attract thousands of visitors each spring and summer season. Since 2002 over 200,000 square feet of Lithocrete sidewalk and designer roadway pavement has been installed as part of a renovation project designed to increase public interest in and patronage of shops and businesses. Both Newport and Balboa Piers are also steam cleaned on an as- needed basis for the enjoyment of visitors and residents. The existing contract with Dworsky Industries expired on April 30, 2010. Contract with HydroBlast for Sidewalk Steam Cleaning Services May 11, 2010 Page 2 Proiect Description The steam cleaning of 227,030 square feet of Lithocrete sidewalk and designer roadway pavement, trash cans, benches, and bus canopies needs to be completed on regular basis in order to remove debris left behind from food spills, fishing, and bird activity. The intervals range from twice- weekly cleaning of sidewalks in high- traffic areas during the summer to quarterly cleaning of benches and bus canopies. Proposal Process and Analysis On April 1, a copy of the RFP was mailed to eight companies on file with the General Services Department. The deadline for submitting a proposal to the City was April 13. Prior to this deadline, the City received four proposals for steam cleaning services. Cost Information Each vendor was required to submit a total cost that included separate cost proposals for each of the following areas: Balboa Village, Marine Avenue, McFadden Square, and Corona del Mar. As the following chart indicates, HydroBlast submitted the lowest, responsive proposal. Current $136,000 ($43,040 HydroBlast $179,040 $0 Bonanza Steam Cleaning $185,380 $6,340 Dworsky $233,380 $54,340 Sunset Property Services $245,938 $66,898 Recommended Contractor HydroBlast submitted the lowest, responsive proposal. Based in Orange, HydroBlast has provided sidewalk steam cleaning and other similar cleaning services utilizing a closed -loop cleaning process for ten years. HydroBlast holds contracts with the City of Santa Ana and Industrial Cleaning Professionals. HydroBlast provided a satisfactory on -site demonstration of their equipment and technical knowledge of steam cleaning practices that recover waste water runoff. Financial Review Funding for this agreement will be included in the Fiscal Year 2010 -11 budget. The current annual cost for sidewalk steam cleaning services under the current contract is $136,000 per year. Based on the proposal from HydroBlast of $179,040, this agreement would represent an increase of approximately $43,040 per year. F1 Contract with HydroBlast for Sidewalk Steam Cleaning Services May 11, 2010 Page 3 Consistent with current practice, staff will continue to evaluate the service levels and frequency on a per -site basis in order to reduce costs, based upon weather and the amount of debris. Environmental Review: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Public Notice: This agenda item was noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Prepared by: Maurice Tu ner Administrative Analyst Attachments 1. Agreement General Services Director 3 Attachment 2 CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT Mark Hannon, Director July 1, 2010 Mr. Rodney Ward HydroBlast, Inc. 726 W. Angus Avenue, Unit G Orange, CA 92868 Dear Mr. Ward, On June 7, 2010, your company, HydroBlast, Inc. commenced work steam cleaning for the City of Newport Beach. In the period you have been under contract, you have experienced ongoing problems with your equipment. Additionally, on several occasions, you have been required to return and re -clean areas before the work was accepted by City staff. The following is a brief list of the deficiencies we have experienced this month: June 7 - First day of work in the City, Balboa Boulevard and Coast Highway sidewalks - vacuum system did not work well, and because of this, the job was taking much longer than it should have. June 10 - Balboa Island sidewalks - Vacuum system was not collecting the amount of water flowing into the street. On that date, you were reminded by Operations Support Superintendent Jim Auger and Beach Supervisor Joe Delgado that BMP's must be in place in front of catch basins and that all water must be recovered. Since the vacuum system was not working properly, your personnel left water and leaves in the street and gutter and vacated the area. Our Code Enforcement /Water Quality Division issued your company a Notice of Violation for prohibited discharges. June 14 - Steam cleaned the ends of the Newport and Balboa Piers. After Mr. Delgado's inspection, the Balboa Pier was insufficiently cleaned and required to be re- cleaned. June 15 - The Balboa Pier was re- cleaned. Crayon marks remained on the concrete around Ruby's restaurant, and the area appeared dirty. Mr. Delgado advised that your work was still unacceptable and that you would not be paid for this service. We also received a complaint from the manager of Ruby's regarding the condition of the Pier. You were also instructed to bring a floodlight so you can better view the area you are cleaning in the early morning hours. June 17 - The Balboa Pier was cleaned a third time. The quality of the work was better and the completed work was accepted. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3055 • Fax: (949) 650 -0747 • www.city.newport- beach.ca.us June 21 - The second scheduled cleaning for Marine Avenue on Balboa Island. When Mr. Delgado arrived to check your work, there were no BMP's covering the storm drains and catch basins. You were asked to slow down and do a better job of removing spots and stains, and check completed work before moving forward. June 25 - When inspecting your work at the Corona del Mar Clock Tower, Mr. Delgado discovered you were not recovering any water. There were no BMP's in place and you were allowing all of the water to drain into a catch basin. Also, you stated that you "thought you had a crew out there" when questioned about whether the street furniture was cleaned. June 28 - Mr. Delgado asked Steve Ammann if the cleaning in Corona del Mar was completed, and he admitted that the street furniture needed to be re- cleaned. Thus far, your performance has clearly been below City standards, and your lack of attention to water quality issues is in violation of the Agreement, as well as state and local laws. You are advised you are not to perform any steam cleaning activities without BMP's in place and ALL water being recovered. If your vacuum equipment is not sufficient to recover the water from the cleaning activities, you must upgrade this equipment if you are to continue working for the City. In conclusion, you must show immediate improvement in your performance. Sincerely, Mark Harmon, Director General Services Department Cc: Jim Auger, Operations Support Superintendent Mike Pisani, Deputy General Services Director Attachment 3 COPY`€ CITY O NEWPORT GENERAL SERVICES DEPARTMENT Mark Harmon, D' Irector July 30, 2010 Ira U.S. First -Class Certified Mail Mr. Rodney Ward HydroBlast, Inc. 726 W. Angus Ave., Unit G Orange, CA 92868 RE: AGREEMENT FOR SIDEWALK STEAM CLEANING SERVICES DATED MAY 11, 2010 Dear Mr. Ward: The City of Newport Beach ( "City') previously notified you via correspondence dated July 1, 2010 of its concerns regarding the performance of HydroB(ast, Inc. ( "HydroBlast") under the terns of the above - referenced Agreement for Sidewalk Steam Cleaning Services dated May 11, 2010 ( "Agreement "). Notwithstanding this notice, HydroBlast's performance to date is insufficient and below City standards. As a result, the purpose of this letter is to provide HydroBlast notice of the City's intent to terminate the Agreement pursuant to Section 20, effective September 14, 2010. The City understands that HydroBlast will continue to perform steam cleaning services as required under the Agreement until September 14, 2010. Please note, however, that should HydroBlast's performance continue to be substandard, the City may withhold all or portion the compensation due to HydroBlast pursuant to Section 20(C) of the Agreement. Sincerely, Mark Hannon, Director General Services Department Cc: Assistant City Attorney Deputy General Services Director Operations Support Superintendent 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3055 - Fax: (949) 650 -0747 • www.city.newport- beach.ca.us Attachment 4 AGREEMENT FOR SIDEWALK STEAM CLEANING SERVICES WITH BONANZA STEAM CLEANING, INC. THIS STEAM CLEANING AGREEMENT ( "Agreement'), entered into this _ day of September 2010, by and between the City of Newport Beach, a California Municipal Corporation and Charter City ( "City "), and, BONANZA STEAM CLEANING, Inc., a California Corporation located at 31191 Via Cristal, San Juan Capistrano, CA 92675 ( "Contractor "), is made with reference to the following recitals: RECITALS WHEREAS, the City desires to contract for services for the steam cleaning of 227,030 square feet of sidewalks, pavement, piers, trash cans, benches, and bus canopies on a twice- weekly to quarterly basis. WHEREAS, on April 1, 2010 a Request for Proposals ( "RFP ") requesting proposals for the steam cleaning of 227,030 square feet of sidewalks, pavement, piers, trash cans, benches, and bus canopies was mailed to firms performing this service. WHEREAS, the Contractor HydroBlast, Inc. was deemed to be the most qualified to perform the work out of those firms which responded to the RFP. WHEREAS, on September 14, 2010 the agreement with HydroBlast was terminated. WHEREAS, the Contractor was deemed to be the second -most qualified to perform the work out of those firms which responded to the RFP. WHEREAS, the Contractor desires to. enter into this Agreement to provide services to the City and acknowledges that the City has relied upon its representations in response to the RFP and commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. WHEREAS, the Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, common nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement NOW, THEREFORE, the parties agree as follows: 1. TERM Unless earlier terminated in accordance with Section 20 of this Agreement, the initial term of this Agreement shall be for a period of two (2) years. The initial term shall commence on September 15, 2010, after City Council approval of this Agreement, and upon receipt and approval of all required certificates of insurance. The term of this Agreement may be extended for three (3) additional one (1) year terms with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. The term of the Agreement shall not extend beyond September 14, 2015, without a separate Agreement. 2. CONTRACTOR DUTIES Contractor shall perform the services specifically described in, and in strict compliance with the Scope of Work ( "Contract Services" or "Work ") as described in the RFP's Description of Project, attached hereto as Exhibit A, the Contractor's Total Annual Cost proposal, attached hereto as Exhibit B, and the Contractor's Unit Price Form attached hereto as Exhibit C, and all incorporated herein by reference. The Contract Services shall be performed at least as frequently as specified in the Scope of Work and Contractor's proposal. City shall have the right to alter the frequency of maintenance as necessary. 3. WORKMANSHIP. SUPERVISION, AND EQUIPMENT A. The Contractor shall provide a work force sufficient to perform the Contract Services and all members of the work force shall be legally authorized to work in California. B. All Contract Services shall be performed by competent and experienced employees. Contractor shall be responsible for actions of its employees while performing Contract Services. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel necessary to properly perform Contract Services. C. The Contractor shall establish, implement and maintain written operating procedures designed to ensure the work forces' utilization of techniques generally accepted for cities of the size and nature of the City of Newport Beach. A current copy of the operating procedures shall be provided to the City's General Services Department Operations Support Superintendent ( "Operations Support Superintendent "). D. The Contractor's work force shall include a thoroughly skilled, experienced, and competent supervisor ( "Contractor's Supervisor ") who shall be responsible for adherence to the specifications by directly overseeing the contract operations. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel by City shall be deemed delivered to the Contractor. The Contractor's Supervisor assigned must be identified by name to ensure coordination and continuity. E. All of Contractor's employees ( "Employee(s) ") working at the outlined areas shall be neat in appearance and in uniforms as approved by the Operations Support Superintendent when performing Contract Services. All Employees shall wear identification badges or patches. Those Employees working in or adjacent to traffic zones shall wear orange vests. Employees shall not remove any portion of Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 12 their uniform while working within the City. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Drivers License issued by the State of California. If the City's Administrator (as defined in Section 11) determines that any person employed by the Contractor has failed or refused to carry out the terms of this Agreement, appears to be incompetent, acts in a disorderly, improper, or unsafe manner, or shows signs of intoxication or other impairment, instead of initiating termination for breach, the City's Administrator may notify Contractor, who shall take immediate remedial action, which may include removing the Employee from the job site. Prior to returning a removed Employee to work within the City, the Contractor shall provide in writing the reason for the individual's behavior and the means used to prevent this behavior from occurring again. In no event shall Contractor fail to prevent, prohibit, or resolve problems with its Employees working after receiving notice of same from the City. Violation of this section by Contractor shall be a material breach of this Agreement and may result in the City terminating the Agreement or temporarily suspending services hereunder, with Contractor being liable for any resulting costs incurred by the City. No action to terminate or suspend shall be taken by City until after Contractor is provided notice and afforded an opportunity to respond or refute the allegations, except that the City's Administrator may immediately suspend services hereunder if s /he finds such action reasonably appropriate to protect the public safety, health or welfare. F. All Work shall be performed in accordance with the highest maintenance standards. G. Complaints received by the City regarding the Contractor's performance will be transmitted to the Contractor's office in writing, by mail or facsimile, and handled by the Contractor's Supervisor. City shall receive a follow -up response from Contractor within twenty -four (24) hours following notification of the Contractor of any complaint. A report of the Contractor's investigation and the corrective action taken shall be made promptly by the Contractor to the City's Administrator. Repeat complaints may be handled by a joint visit to the site by a City inspector and the Contractor's Supervisor. Complaints received directly by the Contractor shall be submitted in writing to the City on the day such complaints are received. Contractor shall maintain a log of complaints received and corrective actions implemented which shall be submitted to the City within ten (10) days following the end of the month. H. All vehicles and equipment used in conjunction with the Work shall be in good working order and have appropriate safety guards. All vehicles shall bear the identification of the Contractor. I. Contractor shall provide a Contractor's Supervisor to coordinate Work with the City's Administrator and ensure satisfactory performance of Contract Services. The supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. J. Work within the City by utility and construction companies may be progressing concurrently with the Work under this Agreement. It is the responsibility of the Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 13 Contractor to be informed of work planned by these parties and to coordinate the Work accordingly. K. The Contractor warrants that it has familiarized itself with all City's Lithocrete sidewalks, designer roadways, concrete Piers (Balboa and Newport Piers), roadways, trash cans, benches, and bus canopies at the time of commencement of this Agreement. Contractor is also familiar with all existing installations, both public and private, in the area where services shall be performed under this Agreement. Contractor shall provide adequate safeguards to prevent damage to existing structures and improvements. Structures or improvements of any kind, whether public or private, which are removed, damaged or destroyed in the course of Work shall be replaced and /or repaired, at the Contractor's expense, to the original condition and to the satisfaction of the City. Failure to have such damages repaired in a timely manner will result in the City deducting from the Contractor's payment the cost to perform the necessary remedial work. The Contractor shall at all times use good maintenance practices as dictated by the highest standards within the maintenance industry and will make adjustments to its equipment and Work as necessary. The Contractor must exercise due care so as to prevent spilling, scattering, or dropping of debris during the steam cleaning activity and shall immediately clean up any such spillage, dropping, or scattering. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. Due to different materials and debris throughout the City, steam cleaning may require slower cleaning speed and /or multiple passes. Streets with raised medians (commercial and residential) shall have their curb - gutter perimeter swept, including turnouts. Any steam cleaning equipment used must not deposit debris onto private or public property. L. The City may at various times and locations temporarily install portable traffic counting equipment of the type which is activated by vehicles coming in contact with a hose placed in the roadway. Caution shall be used by the Contractor to avoid damaging said equipment. If the Contractor, while in the performance of his contract duties, damages or causes to be damaged any of the aforementioned traffic counting equipment or appurtenances, the Contractor shall bear the entire cost for the restoration, repair, inspection, testing or replacement of said damaged equipment. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor an amount not to exceed One Hundred Eighty -Five Thousand Three Hundred Eighty Dollars and No /100 ($185,380.00) per year, subject to the Consumer Price Index adjustment after the first year, as further defined below. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after receipt and approval 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 19 entitled "Notices ". Upon the first anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the rate to be paid by the City as set forth in Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 14 Exhibits B and C shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 3.0% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original rate by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective June 1, 2010, the index to be used for the numerator is the index for the month of June 2010 and the index to be used for the denominator is June 2009. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this agreement be reduced below the Rate in effect immediately preceding such adjustment. The maximum increase to the Rate, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate in effect immediately preceding such adjustment. 5. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's Employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 6. EXAMINATION OF WORK SITES City makes no representation regarding the order or condition of any area or location for which Contractor is to provide services. City has also made no representation that the site or location of Work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of the Agreement. 7. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 15 employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any Work performed or Contract Services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the Work (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 16 Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least One Million Dollars and no /100 ($1,000,000.00)) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than Two Million Dollars and no /100 ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than Two Million Dollars and no /100 ($2,000,000.00) combined single limit for each accident. D. Other Insurance Provisions or Requirements The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. ii. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 17 limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. v. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suts instituted that arise out of or result from Contractor's performance under this Agreement. vi. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignments are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of Contract Services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of Contract Services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 10. RECORDS /REPORTS A. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 18 D. The Contractor is required to keep a daily log of all areas cleaned, including the name and location of the streets, along with a description of any special cleanings performed. The log shall be signed by the Contractor's Supervisor on a daily basis. Each month, a report shall be prepared from the daily log, giving a brief description of all routine, special cleanings, and emergency activities. The log report shall be attached to the monthly invoice submitted to the City's Administrator. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service and a description of the action taken from the City call. E. Contractor shall keep records and invoices in connection with its Work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all Work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 11. ADMINISTRATION A. This Agreement will be administered by the City's General Services Department. The General Services Director or his /her designee shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The City's Administrator or his /her authorized representative shall represent the City in all matters pertaining to the Work to be rendered pursuant to this Agreement. B. City shall furnish to Contractor maps, ordinances, data, and other existing information as may be requested by Contractor necessary for Contractor to complete the Work contemplated by this Agreement. City also agrees to provide all such materials in a timely manner. 12. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional /emergency services as requested by the City Administrator. The City Administrator may give verbal authorization for additional /emergency services, prior to performance of the Work, up to One Thousand Dollars and no /100 ($1,000.00). Contractor must obtain written authorization from the City's Administrator prior to the performance of any additional /emergency services that exceed One Thousand Dollars and no /100 ($1,000.00). Additional services, may be billed in accordance with the per mile unit cost proposed by the Contractor in Exhibit C. B. City reserves the right to withdraw certain locations from the Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the Scope of Work, compensation to Contractor shall be reduced in accordance with the Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 19 Contractor's unit costs specified in Exhibit C. In the event the location is withdrawn for a period of less than a full two (2) year term, Contractor's compensation shall be reduced on a prorated basis. 13. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his or her decision shall be final and binding upon Contractor and his sureties. 14. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for expenses unless authorized in writing by the City's Administrator. 15. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 16. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, consultant, Employee or applicant for employment based on race, religion, color, sex, handicap, national origin, or other basis that violates the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Work. 18. CONFLICTS OF INTEREST A. The Contractor or its Employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 110 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: Director, General Services Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 -8915 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Mark Hoogstraten Bonanza Steam Cleaning, Inc. 31191 Via Cristal San Juan Capistrano, CA 92675 20. TERMINATION /DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. B. This agreement may be terminated without cause by City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) days Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 111 written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City's Administrator, the level of maintenance falls below appropriate hardscape maintenance standards and /or Contractor fails to satisfactorily perform Contract Services. City shall have the right to retain funds withheld until the City's Administrator determines that Contract Services are performed as well and as frequently as required by this Agreement. 21. COMPLIANCE WITH LAW All Contract Services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 22. LICENSES, FEES, PERMITS AND ASSESSMENTS Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Contract Services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 23. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 24. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the Contract Services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 25. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 112 26. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 27. CONTROLLING LAW AND VENUE Except for payment disputes governed by Section 13, the laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 28. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Work or any other attachments attached hereto, the terms of this Agreement shall govern. [Signatures on following page] Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 113 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Leonie Mulvihill, Assistant City Attorney ATTEST: Leilani Brown, City Clerk Attachments: Exhibit A — Scope of Work, Maps Exhibit B — Total Annual Cost Form Exhibit C — Unit Price Form A09 -00335 CITY OF NEWPORT BEACH A California Municipal Corporation and Charter City Keith D. Curry Mayor CONTRACTOR: BONANZA STEAM CLEANING, INC., a California Corporation A Mark Hoogstraten Title: By: Name: Title: [End of signatures] Sidewalk Steam Cleaning Bonanza Steam Cleaning, Inc. Page 114 EXHIBIT A: SCOPE OF WORK Furnish all labor, equipment, materials, and supervision to perform maintenance as described herein including, but not limited to, the following: 1. Provide the supervision, equipment, tools, labor, and materials, to steam clean 135,740 square feet of Lithocrete sidewalks and designer roadway pavement in Balboa Village area identified on the enclosed map on page A- 3. The Contractor shall develop and execute a schedule to perform sidewalk and roadway steam cleaning tasks once per week from May through September, and once per month from October through April. 2. Provide the supervision, equipment, tools, labor, and materials to steam clean 24,240 square feet of Lithocrete sidewalks in the Marine Ave area identified on the enclosed map on page A -4. The Contractor shall develop and execute a schedule to perform the sidewalk steam cleaning tasks twice per month. 3. Provide the supervision, equipment, tools, labor, and materials to steam clean 67,050 square feet of Lithocrete sidewalks in the McFadden Square area identified on the enclosed map on page A -5. The Contractor shall develop and execute a schedule to perform the sidewalk steam cleaning tasks twice per month, and memorial steam cleaning tasks twice per week. 4. Provide the supervision, equipment, tools, labor, and materials, to steam clean the concrete Balboa and Newport Piers identified on the enclosed map on pages A -3 and A -5. The Contractor shall develop and execute a schedule to perform concrete steam cleaning tasks of the pier ends once per week from May through September, and once per month from October through April. The Contractor shall develop and execute a schedule to perform concrete steam cleaning tasks of the piers once per month from May through September, and once per three months from October through April. 5. Provide the supervision, equipment, tools, labor, and materials to steam clean 36 trash cans, 39 benches, and 6 bus canopies in the Corona del Mar area identified on the enclosed map on page A -6. The Contractor shall develop and execute a schedule to perform the steam cleaning tasks once per month. 6. Remove gum, spills, dirt, spots, blood, fish oil, graffiti, and dirt and grime from the contract areas identified in the enclosed maps at every cleaning. In the case of hard to remove stains, the Contractor shall utilize an environmentally sensitive stain remover. 7. Contractor will be required to utilize mechanical means to collect the wastewater generated during the performance of the steam cleaning tasks described in the RFP. In all areas, zero discharge of wastewater will be W allowed. Contractor shall recycle the residual water for reuse and properly dispose of wastewater. 8. Contractor shall ensure that storm drain inlets are properly dammed with sand bags and /or filter fabric to prevent entry of water or debris into the storm drain system during performance of steam cleaning tasks. 9. Contractor shall clean contract area utilizing a hot water pressure washer (minimum of 2,500 PSI) with either a 20- degree or 30- degree spray tip set at a minimum of 180 degrees Fahrenheit. The pressure washing spray tip must remain at a minimum of 18" from the cleaning surface in order to reduce the potential for damages to the cleaning surface. The Contractor will be responsible for damages to sidewalks and roadway pavements resulting from excessive water pressure, heat and /or improper cleaning techniques. ►6a Sidewalk Ma Balboa ilill A -3 4 8r. \� m'. mineo,a.M1l � �'_ I [ J maw s,. us�mca<oxaaacaz, :owx I h op r q.xr ��y�yh� A -3 O O O N N N N qjg Marine Avenue 333 Pressure Washing Proposal 327 325 323 321 BAY FRONT ALLEY N 319 330 317 ozz6 sq a 332 AD 33£ 326 1n 315 331 326 313 326 q -D 311 309 307 324 303 : 324 301 322 7. 2: 2. 2' 21 S, qjg Marine Avenue Pressure Washing Proposal BAY FRONT ALLEY N 330 333 ozz6 sq a 332 AD 33£ 326 1n 331 326 331 326 q -D 329 327 324 325 : 324 325 322 323 i 322 3228. 322C 323 320 321 : 320 A D'' 321 378 319 319A< 3193 ' 318 319 316 316 112 317 a 316 317. 314 ": 315 314 315:12. 112 313 to Y f 372 373 3n5 11 313, 110 ': 311 - k' 310 311. 08: ,r 308 1R 309 306 r: 06 1307 ? 3068 307 306 A 04 305 1 /2 306 304 12 304 305. 32 301'1 302 92 303 'I 436559. ft. 302 300 - 301 BALBOA AVEw s6 229. A-C ,; 226 A7 :. nno 227( ,1 - S,d.Oks (24240 Bq R ) PARNAVE L4 125 ,124 y3� 25 5] 15 X122 i2 123 122 Feet i22.. 121 21K/ 92 A -4 324: 322 m 302 'y > Sidewalk Maintenance t McFadden Sq f p a a � � xs. } r i \s 14 �$ ~a � ti� I a I A -5 le/1 Elm F` rz all N, AM, Ij IN IN MI IV' *1AVE N,, IN, _NVI NN, IN Elm EXHIBIT B: TOTAL ANNUAL COST FORM Total Annual Cost Form Area Total Annual Cost Balboa Village (135,740 sq ft) Marine Ave (24,240 sq ft) McFadden Square (67,050 sq ft) Corona del Mar (36 trash cans, 39 benches, 6 bus canopies) $ 109,948.00 $ 17,448.00 $ 48,264.00 $ 9,720.00 Total Annual Cost $ 185,380.00 flail EXHIBIT C: UNIT PRICE FORM Unit Price Form The Contractor agrees that for requested and /or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. The unit prices quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. All work shall be performed in accordance with specifications described in the RFP. WORK DESCRIPTION Unit Price Square foot Trash Can Bench Bus Canopy Balboa Pier End Newport Pier End Supplemental call -out hourly rate for special cleaning (2 -hour minimum, travel time not included) $ 0.03 $ 10.00 $ 10.00 $ 10.00 $ 260.00 $ 260.00 $ 60.00 C -1