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HomeMy WebLinkAbout13 - Alley Sweeping AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 July 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus@city.newport- beach.ca.us SUBJECT: Award of Alley Sweeping Agreement ISSUE: Should the City approve the attached agreement with Sunset Property Services to provide twice per month alley sweeping at an annual cost of $61,896.60? RECOMMENDATION: Approve the attached agreement with Sunset Property Services to provide twice per month alley sweeping at an annual cost of $61,896.80. DISCUSSION: Background: City forces currently sweep over 200 miles of City streets each week, and selected business areas on a more frequent basis. Approximately 50% of the streets in the City, located in older and more congested beach areas are posted no parking for street sweeping. City forces also currently sweep alleys on an infrequent or as- requested basis. Such sweeping occurs when it may be worked into the daily schedule, usually within two working days following a resident's request. Due to concerns about dirt, leaf debris, and litter accumulating in alleys, gutters, and storm drains and ultimately affecting harbor and bay water quality, the City Council authorized the implementation of an alley sweeping program in those areas of the City which contain improved alleys. Alleyways in the City range from eight (8) to twenty (20) feet wide and measure a total of 32.75 miles. Alley Sweeping Agreement July 22, 2003 Page 2 In June 2003, staff mailed requests for proposals (RFP) for alley sweeping to six qualified street sweeping companies. The RFP requested rate proposals for alley sweeping once a month and two times a month. Four companies responded to the RFP with bids including Sunset Property Services, Dickson Co. Inc., Clean Street, and Bill's Sweeping Service. The results were as follows: Monthly Twice per month Sunset Property Services $37,721.40 $61,186.80 Dickson Co. Inc. $46,492.00 $89,960.00 Clean Street $53,719.00 $77,821.00 Bill's Sweeping Services, Inc. $93,984.00 $163,140.00 Staff recommends that Sunset Property Services be awarded the contract based on current government experience by the contractor, proposed staffing levels, contractor use of natural gas powered sweepers, as well as cost of service (low bid) of $61,896.60 per year for twice per month sweeping. Analysis: The proposed agreement provides for alley sweeping services for the City's 32.75 miles of public alleyways. The proposed agreement is set to commence on August 1, 2003 and has the option of being extended for up to four (4) additional one (1) year terms. The proposed agreement includes a provision allowing the City to alter the frequency of sweeping when necessary. City supervisory staff will monitor service levels and review Sunset Property Services' required reports of sweeping activities to make adjustments as necessary. Air Quality Management District (AQMD) Rule 1186.1 requires that all street sweeping contracts implemented after July 1, 2002 utilize alternative fuel street sweepers. All street sweepers utilized by Sunset Property Services to sweep alleyways in the City of Newport Beach will be powered by compressed natural gas. Environmental Review: This project does not require environmental review. Prepared by: Submitted by: JerOV Hammond, David E. Niederhaus, MaiYagement Assistant Director Attachments: Alley Sweeping Agreement CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this 1 st day of August of 2003, by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and Sunset Property Services, a Corporation ( "Contractor "), is made with reference to the following Recitals: RECITALS WHEREAS, the City desires to obtain contract services for the sweeping of 32.75 miles of City alleyways. WHEREAS, on May 30, 2003 a Request for Proposals (RFP) requesting proposals for the sweeping of City alleyways was mailed to seven firms. WHEREAS, Sunset Property Services ( "Contractor") submitted the lowest bid among the four firms which responded to the RFP. WHEREAS, The Contractor desires to enter into an Agreement to provide services to the City and acknowledges that the City has relied upon its representations and commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. WHEREAS, The Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, common nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement NOW, THEREFORE, the Parties agree as follows: 1. TERM The Term of this Agreement shall be for a period of one (1) year. The term shall commence within ten (10) working days of City Council Approval and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for four (4) additional one (1) year terms (automatic extensions) with the first extension to commence upon the expiration of the initial term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any automatic extension, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. 2. CONTRACTOR DUTIES Contractor shall perform the services specifically described in, and in strict compliance with the Scope of Work ( "Contract Services ") as described in the RFP and the Contractor's proposal. The Contract Services shall be performed at least as frequently as specified in the RFP and Contractor's proposal. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of 1 maintenance. Bid Unit Prices and Costs are contained in Exhibits B and C. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement. 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 documented. B. All Contract Services shall be performed by competent and experienced employees. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel necessary to properly perform Contract Services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications by directly overseeing the contract operations. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. D. All Contractor personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Operations Support Superintendent when performing Contract Services. All Contractor personnel shall wear identification badges or patches. Those contract employees working in or adjacent to traffic zones shall wear orange vests. E. All work shall be performed in accordance with the highest maintenance standards. F. All vehicles and equipment used in conjunction with the work shall be in good working order and have appropriate safety guards (mowers, etc.). All vehicles shall bear the identification of the Contractor and clearly post "Serving the City of Newport Beach." G. Contractor shall provide a Manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. The manager shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. H. Contractor shall be issued water meter(s), which must be utilized when filling sweepers from City fire hydrants. The Contractor will be responsible for charges stemming from the use of City water. I. The Contractor may utilize the sweeper dumping bin at the Corporation Yard to dispose of sweepings or other such refuse bins as provided by the City. Said dumping shall occur between the hours of 7:30AM and 3:30PM Monday through Friday only. The City shall be responsible for the 2 disposal. Contractor shall furnish records of material collected and disposed of at the Corporation Yard on a monthly basis to the City. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of $ year. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices ". 5. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 6. EXAMINATION OF WORK SITES City makes no representation regarding the order or condition of any area or location for which Contractor is to provide services. City has also made no representation that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of the Agreement. 7. HOLD HARMLESS A. Contractor assumes all risk in any way related to the performance of Contract Services. Contractor agrees to indemnify, defend, save and hold harmless City, its elected and appointed boards and commissions, officers, agents, and employees from and against any loss, damages, liability, claims, costs, expenses or damages, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from, or in any way related to, the performance of Contract Services required by this Agreement, provided, however, Contractor's obligation in this regard shall not apply in the event of the fraud or willful misconduct by City, its officials, agents, employees or representatives. B. Contractor shall defend, indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, costs and expenses whatsoever, including reasonable attorneys' fees, which may accrue to any and all persons, or business entities furnishing or supplying work, services, materials, equipment or supplies to Contractor in the performance of services under this Agreement. C. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of 3 Contractor, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control of Contractor, Contractor shall not be relieved of its obligation to defend, indemnify, and hold City and its officers, employees and representative harmless, by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City. 8. INSURANCE A. In addition to Contractor's obligation to defend, indemnify, and hold City harmless, Contractor shall obtain and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Insurance policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to performing any Contract Services. B. Prior to the commencement of work, Contractor shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements. At the option of City, Contractor shall provide copies of all policies, providing coverage as required by this Agreement. C. Contractor shall provide the following insurance, with Best's Class A -7 or better carriers: 1. Workers Compensation and Employers Liability insuring statutory Workers' Compensation limits as required by the California Labor Code and one million dollars ($1,000,000) per accident Employers' Liability; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury; and property damage. If the policy contains a general aggregate limit, then the aggregate limit shall not be less than two million dollars ($2,000,000); 3. Commercial auto liability and property insurance covering all owned and rented vehicles of Contractor coverage Code 1 "any auto" with a minimum amount of one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage; D. Endorsements to the policies providing the above insurance shall be obtained by Contractor, adding the following three provisions: 4 I . Additional Insured: "The City of Newport Beach and its elected and appointed boards, officers, agents, and employees as additional insured." 2. Notice: "The policy shall not terminate, nor shall it be canceled or the coverage reduced, until thirty (30) days after written notice is given to City." 3. Other Insurance: "Any other insurance maintained by the City of Newport Beach shall be excess and not contributing with the insurance provided by this policy." E. Contractor shall give to City prompt and timely notice of any claim made or suit instituted arising out of Contractor's performance of this Agreement. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and performance of Contract Services. F. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor, a waiver of any right of subrogation, which any such insurer of Contractor may acquire against City by virtue of the payment of any loss under insurance. 9. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignments are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of Contract Services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of Contract Services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, of the interest of any general 5 partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 10. RECORDS /REPORTS A. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. D. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within seven (7) days after the end of each month. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service and a description of the action taken from the City call. E. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 11. ADMINISTRATION A. This Agreement will be administered by the General Services Department. The General Services Director or his /her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall fumish 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. 11 12. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional services as requested by the Administrator. Additional services, may be billed in accordance with the per 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 services, compensation to Contractor shall be reduced in accordance with the Contractor's unit costs specified in Exhibit C. In the event the location is withdrawn for a period of less than a full one (1) 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 decision shall be final and binding upon Contractor and his sureties. 14. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for expenses unless authorized in writing by City Administrator. 15. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 16. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, consultant, employee or applicant for employment based on race, religion, color, sex, handicap, national origin, or other basis that violates the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 7 17. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 18. CONFLICTS OF INTEREST A. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 19. _ NOTICES All notice, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: 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: Sunset Property Services 16251 Construction Circle West Irvine, CA 92606 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 8 the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this or authorized by law, terminate this Agreement by giving written notice of termination. B. This Agreement may be terminated at anytime, without cause by City or Contractor, upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for Contract Services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and /or Contractor fails to satisfactorily perform Contract Services. City shall have the right to return funds withheld until the City Administrator determines that Contract Services are performed as well as required by this Agreement. 21. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys' fees and expenses to be paid to the prevailing party. 22. COMPLIANCE Contractor represents that it is familiar, and shall comply, with all state, federal, or local laws, rules, ordinance, statutes or regulations applicable to the performance of Contract Services. 23. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 24. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties concerning the services to be provided under this Agreement. All preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Daniel K. Ohl, Deputy City Attorney 10 CITY OF NEWPORT BEACH A Municipal Corporation Ln Contractor M Title: Mayor Exhibit A Proposed Schedule Exhibit B Proposal Form Exhibit C Unit Prices LIST OF EXHIBITS 11 Area 1 Exhibit A Proposed Sweeping Schedule Newport Heights /Dover Area Area 2 Santa Ana River Jetty to Superior Ave. Area 3 Superior Avenue to Newport Pier Service provided over two days Area 4 Newport Pier to Balboa Pier Service provided over two days Week 2 (and 4 if 2x/month) Swept the day after trash pick -up Week 2 (and 4 if 2x/month) Swept the day after trash pick -up Week 1 (and 3 if 2x/month) Swept the day after trash pick -up Week 2 (and 4 if 2x/month) Swept the day after trash pick -up Area 5 Balboa Island /Balboa Pier /Balboa Peninsula Week 2(and 4 if 2x/week) Service provided over two days Swept the day after trash pick -up Area 6 Corona del Mar Week 1 (and 3 if 2x/month) Swept the day after trash pick -up Schedules are subject to change upon approval from the City. 12 0 ATTACHMENT B PROPOSAL FORM Number of Sweeps per Year Area 1 (Newport Heights/Dover Area) Area 2 (Santa Ana River Jetty to Superior Avenue) Area 3 (Superior Avenue to Newport Pier) Area 4 (Newport Pier to Balboa Pier) Area 5 (Balboa Island/Balboa PierBalboa Peninsula) Area 6 (Corona del Mar) Total Annual Cost Company Name: Sunset Property Services By: Title: Date: MONTHLY 12 TWICE PER MONTH 24 $458.67 1 $777.36 $188.37 $319.25 $720.69 $1,136.69 $389.41 $659.97 $720.69 $1,136.69 .62 128.10 $37,721.40 1 $61,896.80 (Monthly Sweeping) I (Twice - per -month Sweeping) 13 ATTACHMENT C UNIT PRICES A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. C. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the RFP. FUNCTION COST /UNIT OF MEASURE Alley Sweeping $85.00 /mile of alley swept 14