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HomeMy WebLinkAboutNationwide Environmental Services, Inc. - 2008-03-03AMENDMENT NO. 2 TO CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NATIONWIDE ENVIRONMENTAL SERVICES TO PROVIDE STREET SWEEPING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and NATIONWIDE ENVIRONMENTAL SERVICES, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated March 3, 2008, entitled "Contract Between the City of Huntington Beach and Nationwide Environmental Services to Provide Street Sweeping Services" which agreement shall hereinafter be referred to as the "Original Agreement" and, City and Consultant entered into Amendment No. 1, dated June 1, 2009, the Contract Between the City of Huntington Beach and Nationwide Environmental Services to Provide Street Sweeping Services, which amendment shall hereinafter be referred to as "Amendment No. 1;" and Since the execution of the Original Agreement and Amendment No. 1, City and Contractor have agreed to exercise the option set forth in Exhibit A to extend the Term of the Original Agreement, NOW, THEREFORE, it is agreed by City and Consultant as follows: follows: Paragraph 3 of the Original Agreement is hereby amended to read as The Term of the Agreement is extended to September 30, 2016. RLS 7/816/16-5345/139594/DO 2. Amendment to Exhibit A to Ori ig nalgreement. Part 4 Contract Special Provisions of Exhibit A to the Original Agreement is amended as follows: 1. Contract Duration The City and Contractor shall continue performance of the agreement until September 30, 2016. 3. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on� 2016. CONTRACTOR NATIONWIDE ENVIRO MENTAL SERVICES, i ornia corpor ion Bv- print name ITS: (circle one) Chairman/PresidentNice President AND B nSS A print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California MayoY/l t� City Cl INITIATED AND APP W VED: Director of Public Works APPROVED TO FORM: Attorney boo ' %' .� I r APPROVED: Cit// ' aker RLS 7/816/16-5345/139594/1DO 2 Dept. ID PW 16-041 Page 1 of 2 Meeting Date: 7/18/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/18/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve extension of Street Sweeping Contract between Nationwide Environmental Services and the City through the remainder of this fiscal year to September 30, 2016; and, authorize execution of Contract Amendment being prepared by City Attorney Statement of Issue: Public Works is currently soliciting bids for street sweeping services. The existing agreement expired June 1 and needs to be extended to September 30, 2016. A new contract will commence on October 1, 2016. Financial Impact: Funds for this service are budgeted in Street Sweeping contract services account 10085415.64620. Recommended Action: A) Approve an extension of Street Sweeping Contract between Nationwide Environmental Services and City of Huntington Beach from June 1, 2016, to September 30, 2016, and, B) Authorize the Mayor and City Clerk to execute a contract amendment for this extension in a form approved by the City Attorney. Alternative Action(s): Do not approve an extension to the existing agreement and direct staff accordingly. Analysis: The existing agreement for street sweeping services between the City and Nationwide Environmental Services expired June 1, 2016. In October of 2015, the City issued a blanket purchase order to Nationwide Environmental Services for services from October 1, 2015, through September 30, 2016. In anticipation of the mid -year 15/16 contract expiration, staff requested and the vendor issued a letter agreeing to provide services under the terms, conditions, and pricing of the existing agreement through September 30, 2016. A contract amendment should be prepared and executed to formalize the term and performance of street sweeping services by Nationwide Environmental Services through September 30, 2016. The City Attorney's office is currently preparing this amendment. Public Works staff is currently soliciting bids for street sweeping services for a new contract to commence October 1, 2016. City Council will be requested to approve the new street sweeping contract in September. HB -415- Item 19. - 1 Dept. ID PW 16-041 Page 2 of 2 Meeting Date: 7/18/2016 Public Works Commission Action. - Not required. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Letter from Nationwide Environmental Services dated June 23, 2015 Item 19. - 2 HB -416- M M June 23, 2015 Mr. Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach., CA 92648 Dear Mr. Hopkins: Nationwide Environmental Services (NES) has proudly been providing street sweeping services to the City of Huntington Beach since 1999 and looks forward to continuing to serve the City for many more years. By this letter, NES' intention is to continue to provide street sweeping services to the City of Huntington Beach in accordance with the same terms, conditions and pricing for the fiscal year October 1, 2015 — September 30, 2016 (AIES will be iiahing the cost of Wing adjustinen1for the 2015-2016fiscal year). If you have any questions, please feel free to contact me. Thank you for your consideration. 11914 Front Street -* Norwalk, California 90650 e (562) 860-0604 0 Fax (562) 868-5726 www.nes-sweeping.com HB -417- Item 19. - 3 I Ua �ivn i Division of Joe's Sweeping, Inc. July 31, 2014 Mr. Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: CPI Dear Mr. Hopkins: all rn �rn-. CaQ 7�7 > c� c,n CO Nationwide Environmental Services (NES) is proud to be contracted with the City of Huntington Beach. We are committed to providing the City with the most professional and reliable street sweeping service available in the industry. According to the street sweeping agreement between the City of Huntington Beach and NES NES may request an annual cost of living adjustment CPI However, due to the Y q g j (CPI). , „ current economic conditions and in an effort to assist the City, NES has chosen to forego the =' rate adjustment for the 2014/2015 contract term. As you are aware, NES has also waived the � CPI adjustment for the 2010/2011, 2012/2013 & 2013/2014 contract terms. ' If you have any questions, please feel free to contact me at (562) 860-0604 or Nejteh Der Bedrossian at/(�562) 254-020 5. Thank you for your consideration. PjAi . Vice President cc: Mayor/Matthew Harper Mayor Pro Tem/ Joe Shaw Councilmember/Jill Hardy Councilmember/Jim Katapodis Councilmember/Connie Boardman Councilmember/Joe Carchio Councilmember/Dave Sullivan City Manager/Fred Wilson City Clerk/Joan Flynn 11914 Front Street • Norwalk, California 90650 • (562) 860-0604 ® Fax (562) 868-5726 www.nes-sweeping.com 11 O Division o/Joe's Sweeping, Inc. t` o ® w July 31, 2013 Mr. Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: CPI Dear Mr. Travis Hopkins: B-3 A1jG 15 PH 3- 09 Ci T Y 0' NUilTi; GTCr E ACH Nationwide Environmental Services (NES) is proud to be contracted with the City of Huntington Beach. We are committed to providing the City with the most professional and reliable street sweeping service available in the industry. According to the street sweeping agreement between the City. of Huntington Beach and NES, NES may request an annual cost of living adjustment (CPI). However; due to the current economic conditions and in an effort to assist the City, NES has chosen to forego the '± rate adjustment for the 2013/2014 contract term (2°d consecutive year). As you are aware, r NES has also waived the CPI adjustment for the 2010/2011 and 2012/2013 contract terms. If you have any questions, please feel free to contact me at (562) 860-0604 or Nejteh Der Bedrossian at (562) 254-0205. Thank you for your consideration. Sincer y,A i am Vice President cc: Mayor/Connie Boardman Mayor Pro Tem/ Matthew Harper Councilmember/Jill Hardy Councilmember/Jim Katapodis Councilmember/Joe Shaw Councilmember/Joe Carchio Councilmember/Dave Sullivan City Manager/Fred Wilson ✓City Clerk/Joan Flynn 11914 Front Street ® Norwalk, California 90650 ® (562) 860-0604 Fax (562) 868-5726 www.nes-sweeping.com AMENDMENT NO. I CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NATIONWIDE ENVIRONMENTAL SERVICES TO PROVIDE STREET SWEEPING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNT NGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and NATIONWIDE ENVIRONMENTAL SERVICES, a California corporation hereinafter referred to as Contractor. WHEREAS, City and Contractor are parties to that certain agreement, dated March 3, 2008, entitled "Contract Between the City of Huntington Beach and Nationwide Environmental Services to Provide Street Sweeping Services" which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, City and Contractor have agreed to extend the Term of the contract and to provide for additional compensation therefor, NOW, THEREFORE, it is agreed by City and Contractor as follows: Paragraph 3 of the Original Agreement is hereby amended to read a follows: TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONTRACTOR are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall automatically terminate five (5) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than five (5) years from the Commencement Date of this Agreement. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." The street sweeping schedule shall be as shown in Exhibit "B. " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONTRACTOR. 2. Amendment to Exhibit A to Original Agreement. Certain portions of Exhibit A to the Original Agreement are amended as follows: Part 1 General Provisions Section 7.1 General Prevailing Wage Rates. No longer applicable. Section 7.2 Payroll Records. No longer applicable. Part 2 Special Provisions VI Water meters. For every 748 gallons used water will be charged at the current domestic water rate, plus a 5% utility tax. Part 4 Contract Special Provisions 1. Contract Duration The contract will be awarded for a five year period, and the City shall maintain the right to exercise an option to renew the contract for a sixth and seventh year 07-1350.005/36309 period for the same contract sup per year , plus agreed to escalation costs for labor, material, and equipment pursuant to formula set forth in Exhibit A. 3. Paragraph 4 of the Original Agreement is hereby amended to read as follows: 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR on a time and materials basis at the rates specified in Exhibit "C," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed $850,000 per fiscal year. Upon subsequent renewal, compensation shall not exceed $850,000, plus agreed upon escalation costs as determined by the formula set forth in Exhibit "D." 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement and its Exhibit A shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officersE NATIONWIDE ENVIRONMENT�I, SERVICES, a Cali is corpora one By: Ani �iar1 print name ITS: (circle one) Chains an/Presiden Fresiden Member -Manager AN By: g ian print name ITS: (circle one ecret hief Financial Officer/Asst. Secretary — Treasurer / Member -Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor Oy Clerk INITIATED AND APPROVED: Director of &blic Works RE APPROVED: APPROVED AS TO FORM: City Attorney - a1 ��( O' �.1111�01 07-1350.005/36309 2 City of Huntington Beach I 7/1 /2009 STREET SWEEPING SCHEDULE The perimeter of a tract sweeping coincides with the district. No sweeping on Pacific Coast Highway and Beach Boulevard. 0) = Flatbed Perimeters of Route 1st MONDAY CONTRACT ROUTE #1 8:00 a.m. to 10:00 a.m. - Alt side 1st St. to 121h St. 10:00 a.m. to 2:00 p.m. - 12th St. to Goldenwest CONTRACT ROUTE #2 8:00 a.m. to 12:00 p.m. - Alt side District 165,175,166 12:00 p.m. to 4:00 p.m. - District 157, 167 CONTRACT @ ROUTE #3 8:00 a.m. to 12:00 p.m. - District 177, 176, 186 12:00 p.m. to 4:00 p.m. - District 187, 197 CONTRACT @ ROUTE #4 3:00 a.m. to 7:00 a.m. - District 136, 137, 146, 147-Industrial only 8:00 a.m. to 12:00 p.m. - District 147-Residential only, 116, 117 1st TUESDAY CONTRACT ROUTE #1 8:00 a.m. to 10:00 a.m. - Alt side 1st St. to 121h St. 10:00 a.m. to 2:00 p.m. - 12th St. to Goldenwest, Palm, Seapoint Islands CONTRACT ROUTE #2 8:00 a.m. to 12:00 p.m. - District 467, 466, 476 12:00 p.m. to 4:00 p.m. - District 475 CONTRACT @ ROUTE #3 8:00 a.m. to 12:00 p.m. - District 464, 444, 454 Perimeter 12:00 p.m. to 4:00 p.m. - District 485, 486, 474 CONTRACT @ ROUTE #4 3:00 a.m. to 7:00 a.m. - Islands: Warner, Slater, Talbert" parking lots - Harbor dock , Warner fire station, Central park s/o slater, Central library 8:00 a.m. to 12:00 p.m. - Alt side District 165 1st WEDNESDAY CONTRACT ROUTE #1 8:00 a.m. to 12:00 p.m. - District 327, 328, 329, 337, 338, 339 West 12:00 p.m. to 4:00 p.m. - District 339 East, 431, 441, 451 CONTRACT ROUTE #2 8:00 a.m. to 12:00 p.m. - District 282, 292, 412 North 12:00 p.m. to 4:00 p.m. - District 272, 271 CONTRACT @ ROUTE #3 8:00 a.m. to 12:00 p.m. - District 283, 273 12:00 p.m. to 4:00 p.m. - District 293, 413 CONTRACT @ ROUTE #4 3:00 a.m. to 7:00 a.m. - 251, 261, 271, 272 Nichols, 281, 282, 291, 292 8:00 a.m. to 12:00 p.m. - District 281, 291, 318, 319, 411, 421 Parking lots - Oakview Comm Center 1st THURSDAY CONTRACT ROUTE #1 8:00 a.m. to 12:00 p.m. - District 168, 158 12:00 p.m. to 4:00 p.m. - District 159 CONTRACT ROUTE #2 8:00 a.m. to 12:00 p.m. - District 139, 149 S/of Glen 12:00 p.m. to 4:00 p.m. - District 148 CONTRACT @ ROUTE #3 8:00 a.m. to 12:00 p.m. - District 118, 128, 149 N/of Glen 12:00 p.m. to 4:00 p.m. - District 138 CONTRACT @ ROUTE #4 3:00 a.m. to 12:00 p.m. - Islands: Bolsa Chica, W/s Bolsa Chica Between Rancho & Edinger, Grahm, Springdale, Edwards* parking lots -Central park dr & Cliffview, Inlet & Edwards, Marina park, Overlook park 1s' FRIDAY CONTRACT ROUTE #1 8:00 a.m. to 12:00 p.m. - District 434, 435 12:00 p.m. to 4:00 p.m. - District 426 CONTRACT @ ROUTE #3 8:00 a.m. to 12:00 p.m. - District 423, 424 12:00 p.m. to 4:00 p.m. - District 425 Street Sweeping Schedule.xls City of Huntington Beach EXHIBIT B (cD_ = Flatbed Perimeters of Route 2nd MONDAY CONTRACT ROUTE #1 CONTRACT ROUTE #2 CONTRACT @ ROUTE #3 CONTRACT @ ROUTE #4 2nd TUESDAY CONTRACT ROUTE #1 CONTRACT CONTRACT @ CONTRACT @ CONTRACT CONTRACT ROUTE #2 ROUTE #3 ROUTE #4 2nd WEDNESDAY ROUTE #1 CONTRACT @ CONTRACT @ ROUTE #2 ROUTE #3 ROUTE #4 7/1 /2009 8:00 a.m. to 12:00 p.m. - District 162, 163, 173 12:00 p.m. to 4:00 p.m. - District 174 S/o Davenport 8:00 a.m. to 12:00 p.m. - District 152, 153, 154 12:00 p.m. to 4:00 p.m. - District 164 N/o Davenport 8:00 a.m. to 12:00 p.m. - District 155, 156 12:00 p.m. to 4:00 p.m. - District 136 Residential, District 146 West Half Residential 3:00 a.m. to 12:00 p.m. - District 126, 127 & Islands: Bolsa, McFadden, Edinger, Heil* - Parking lots - Greer park, Senior Center, City Gym 8:00 a.m. to 12:00 p.m. - District 446, 447 12:00 D.M. to 4:00 D.M. - District 456 8:00 a.m. to 12:00 p.m. - District 453, 443 (Indianapolis & Newland Posted 8 am to 12 pm) 12:00 p.m. to 4:00 p.m. - District 463, 473, 457 8:00 a.m. to 12:00 p.m. - District 455, 465 12:00 p.m. to 4:00 p.m. - District 445 3:00 a.m. to 12:00 p.m. - Islands: Yorktown, Adams, Indianapolis, Atlanta, Hamilton, Banning* Parking lots - Banning library, Newland house 8:00 a.m. to 12:00 p.m. - District 262, 264 12:00 D.M. to 4:00 D.M. - District 263 8:00 a.m. to 12:00 p.m. - District 251, 252 Alt. Side N/E Part of Tract, 253 12:00 p.m. to 4:00 p.m. - District 232, 261 8:00 a.m. to 12:00 p.m. - Alt. Side South Half 412, 422, 432 12:00 p.m. to 4:00 p.m. - Alt. Side Districts 442, 452, 462 3:00 a.m. to 12:00 p.m. - Islands: Ellis, Gothard, Garfield, Ward Perimeters 241, 242 Parking lots - Central park w/o Gothard, Civic Center, Water yard, Parks yard 2nd THURSDAY CONTRACT ROUTE #1 8:00 a.m. to 12:00 p.m. - District 169, 179 12:00 p.m. to 4:00 p.m. - District 189, 199 CONTRACT ROUTE #2 8:00 a.m. to 12:00 p.m. - District 188, 198 12:00 p.m. to 4:00 p.m. - District 178, 252 Alt. N/E Part, 262 Alt. N/E Viewpoint CONTRACT @ ROUTE #3 8:00 a.m. to 12:00 p.m. - Alt. Side/South Half 412, 422, 432 12:00 p.m. to 4:00 p.m. - Alt. Side 442, 452 CONTRACT @ ROUTE #4 3:00 a.m. to 12:00 p.m. - Islands: Brookhurst, Bushard, Magnolia, Newland* Parking lots - Edison comm center, Lebard park 2nd FRIDAY CONTRACT ROUTE #2 8:00 a.m. to 12:00 p.m. - District 427, 428, 437 12:00 p.m. to 4:00 p.m. - District 433 CONTRACT @ ROUTE #4 3:00 a.m. to 7:00 a.m. - Goldenwest, Main Street 8:00 a.m. to 12:00 p.m. - District 436, 282 Posted Talbert Between Bell & Brookshire, 292 Posted Talbert Between Jolly & Joyful, 272 (Nichols) North Bound From Slater Parking lots - Cental Park w/o Goldenwest, Murdy Park Street Sweeping Schedule.xls City of Huntington Beach EXHIBIT B 7/1/2009 (c@ = Flatbed Perimeters of Route 3rd MONDAY CONTRACT @ ROUTE #1 8:00 a.m. to 10:00 a.m. - Alt side 1 st St. to 12t" St. 10:00 a.m. to 2:00 p.m. - 121h St. to Goldenwest CONTRACT @ ROUTE #2 8:00 a.m. to 12:00 p.m. - Alt side District 165,175,166 12:00 p.m. to 4:00 p.m. - District 157, 167 CONTRACT ROUTE #3 8:00 a.m. to 12:00 p.m. - District 177, 176, 186 12:00 p.m. to 4:00 p.m. - District 187, 197 CONTRACT ROUTE #4 3:00 a.m. to 7:00 a.m. - District 136, 137, 146, 147-Industrial only 8:00 a.m. to 12:00 p.m. - District 147-Residential only, 116, 117 3rd TUESDAY - CONTRACT @ ROUTE #1 8:00 a.m. to 10:00 a.m. - Alt side 1 st St. to 12t' St. 10:00 a.m. to 2:00 p.m. - 12t" St. to Goldenwest, Palm, Seapoint Islands CONTRACT @ ROUTE #2 8:00 a.m. to 12:00 p.m. - District 467, 466, 476 12:00 p.m. to 4:00 p.m. - District 475 CONTRACT ROUTE #3 8:00 a.m. to 12:00 p.m. - District 464, 444, 454 Perimeter 12:00 p.m. to 4:00 p.m. - District 485, 486, 474 CONTRACT ROUTE #4 3:00 a.m. to 7:00 a.m. - Islands: Warner, Slater, Talbert' parking lots - Harbor dock , Warner fire station, Central park s/o slater, Central library 8:00 a.m. to 12:00 p.m. - Alt side District 165 3rd WEDNESDAY CONTRACT @ ROUTE #1 8:00 a.m. to 12:00 p.m. - District 327, 328, 329, 337, 338, 339 West 12:00 p.m. to 4:00 p.m. - District 339 East, 431, 441, 451 CONTRACT @ ROUTE #2 8:00 a.m. to 12:00 p.m. - District 282, 292, 412 North 12:00 p.m. to 4:00 p.m. - District 272, 271 CONTRACT ROUTE #3 8:00 a.m. to 12:00 p.m. - District 283, 273 12:00 p.m. to 4:00 p.m. - District 293, 413 CONTRACT ROUTE #4 3:00 a.m. to 7:00 a.m. - 251, 261, 271, 272 Nichols, 281, 282, 291, 292 8:00 a.m. to 12:00 p.m. - District 281, 291, 318, 319, 411, 421 Parking lots - Oakview Comm Center CONTRACT CONTRACT @ ROUTE #2 CONTRACT ROUTE #3 CONTRACT ROUTE #4 3rd FRIDAY CONTRACT @ ROUTE #1 CONTRACT ROUTE #3 3rd THURSDAY @ ROUTE #1 8:00 a.m. to 12:00 p.m. - District 168, 158 12:00 p.m. to 4:00 p.m. - District 159 8:00 a.m. to 12:00 p.m. - District 139, 149 S/of Glen 12:00 p.m. to 4:00 p.m. - District 148 8:00 a.m. to 12:00 p.m. - District 118, 128, 149 N/of Glen 12:00 p.m. to 4:00 p.m. - District 138 3:00 a.m. to 12:00 p.m. - Islands: Bolsa Chica, W/s Bolsa Chica Between Rancho & Edinger, Grahm, Springdale, Edwards* parking lots - Central park dr & Cliffview, Inlet & Edwards. Marina park. Overlook park 8:00 a.m. to 12:00 p.m. - District 434, 435 12:00 p.m. to 4:00 p.m. - District 426 8:00 a.m. to 12:00 p.m. - District 423, 424 12:00 p.m. to 4:00 p.m. - District 425 Street Sweeping Schedule.xls City of Huntington Beach EXHIBIT B 7/1 /2009 (aa-) = Flatbed Perimeters of Route 4t" MONDAY CONTRACT @ ROUTE #1 8:00 a.m. to 12:00 p.m. - District 162, 163, 173 12:00 p.m. to 4:00 p.m. - District 174 S/o Davenport CONTRACT @ ROUTE #2 8:00 a.m. to 12:00 p.m. - District 152, 153, 154 12:00 p.m. to 4:00 p.m. - District 164 N/o Davenport CONTRACT ROUTE #3 8:00 a.m. to 12:00 p.m. - District 155, 156 12:00 p.m. to 4:00 p.m. - District 136 Residential, District 146 West Half Residential CONTRACT ROUTE #4 3:00 a.m. to 12:00 p.m. - District 126, 127 & Islands: Bolsa, McFadden, Edinger, Heil* - Parking lots - Greer park, Senior Center, CONTRACT Gym 4" TUESDAY CONTRACT @ ROUTE #1 8:00 a.m. to 12:00 p.m. - District 446, 447 12:00 p.m. to 4:00 p.m. - District 456 CONTRACT @ ROUTE #2 8:00 a.m. to 12:00 p.m. - District 453, 443 (Indianapolis & Newland Posted 8 am to 12 pm) 12:00 p.m. to 4:00 p.m. - District 463, 473, 457 CONTRACT ROUTE #3 8:00 a.m. to 12:00 p.m. - District 455, 465 12:00 p.m. to 4:00 p.m. - District 445 CONTRACT ROUTE #4 3:00 a.m. to 12:00 p.m. - Islands: Yorktown, Adams, Indianapolis, Atlanta, Hamilton, Banning* Parking lots - Banning library, Newland house 4t" WEDNESDAY CONTRACT @ ROUTE #1 8:00 a.m. to 12:00 p.m. - District 262, 264 12:00 p.m. to 4:00 p.m. - District 263 CONTRACT @ ROUTE #2 8:00 a.m. to 12:00 p.m. - District 251, 252 Alt. Side N/E Part of Tract, 253 12:00 p.m. to 4:00 p.m. - District 232, 261 CONTRACT ROUTE #3 8:00 a.m. to 12:00 p.m. - Alt. Side South Half 412, 422, 432 12:00 p.m. to 4:00 p.m. - Alt. Side Districts 442, 452, 462 CONTRACT ROUTE #4 3:00 a.m. to 12:00 p.m. - Islands: Ellis, Gothard, Garfield, Ward Perimeters 241, 242 Parking lots - Central park w/o Gothard, Civic Center, Water yard, Parks yard 41" THURSDAY CONTRACT @ ROUTE #1 8:00 a.m. to 12:00 p.m. - District 169, 179 12:00 p.m. to 4:00 p.m. - District 189, 199 CONTRACT @ ROUTE #2 8:00 a.m. to 12:00 p.m. - District 188, 198 12:00 p.m. to 4:00 p.m. - District 178, 252 Alt. N/E Part, 262 Alt. N/E Viewpoint CONTRACT ROUTE #3 8:00 a.m. to 12:00 p.m. - Alt. Side/South Half 412, 422, 432 12:00 p.m. to 4:00 p.m. - Alt. Side 442, 452 CONTRACT ROUTE #4 3:00 a.m. to 12:00 p.m. - Islands: Brookhurst, Bushard, Magnolia, Newland* Parking lots - Edison comm center, Lebard park CONTRACT 4t" FRIDAY @ ROUTE #2 CONTRACT ROUTE #4 8:00 a.m. to 12:00 p.m. - District 427, 428, 437 12:00 a.m. to 4:00 o.m. - District 433 3:00 a.m. to 7:00 a.m. - Goldenwest, Main Street 8:00 a.m. to 12:00 p.m. - District 436, 282 Posted Talbert Between Bell & Brookshire, 292 Posted Talbert Between Jolly & Joyful, 272 (Nichols) North Bound From Slater Parking lots - Cental Park w/o Goldenwest, Murdy Park Street Sweeping Schedule.xis Exhibit C City of Huntington Beach Street Sweeping Cost Proposal Expanded Services Item Description of Item Approx. Proposed Unit Proposed Cost Qty. Price Curb Miles of Street Sweeping of Residential 1 Local Streets 30,060 26.28 789,976.80 Curb Miles of Street Sweeping of Arterial 2 Highways Outside Lanes 340 26.28 8,935.20 Curb Miles of Street Sweeping of Arterial 3 Highways Median Lanes 805 26.28 21,155.40 Operating Width Miles of Street Sweeping of 4 Arterial Highway Painted Medians 225 26.28 5,913.00 Operating Width of Street Sweeping of Parking 5 Lots 315 10.00 3,150.00 Hours of Special Street Sweeping for Asphalt 6 Paving or Slurry Projects 10 Free of Charge Free of Charge Hours of Street Sweeping for Spills or Debris 7 Removals 10 Free of Charge Free of Charge 8 Hours of Street Sweeping During OT Periods 180 85.00 15,300.00 Hours of Street Sweeping for Storm Debris Cleanup including Sweeper, Equipment Operator, Two Hand Pickup Personnel, and 5-8 9 lTon Dump Truck 13 Free of Charge Free of Charge Minimum Number of Hours Chargeable per Call 10 Out for Items 6-9 2 - Total 844,430.40 July-09 EXHIBIT D A change in compensation will be determined by the following factors: During each year of the contract, starting in the second year, the cost of living increase shall be based on the percentage of increase in the Los Angeles -Anaheim -Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from April to April of the preceding twelve (12) months. On or before August 1st of each year thereafter during the term of this agreement, Contractor shall advise City in writing of the cost of living increase, if any. No more than one negotiated rate change shall be made in any twelve (12) month period. b Y� r• � SLY Council/Agency Meeting Held: Deferred/Continued to: ,Approved Conditionaolly A prove 'q"r❑Denied ity Verk's Si nature Council Meeting Date: 6/1/2009 Department ID Number: PW 09-24 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C CIL SUBMITTED BY: FRED A. WILSON, CITY ADMINIST R ,,nn PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTO OF PUBLIC WORKS- ,,000 SUBJECT: Authorize an Amendment to the Street Sweeping Contract Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The current street sweeping contract requires an amendment to fund the balance of the fiscal year. Cost proposals have been received for current wages and market rate wages. Funding Source: Funding to extend the contract through the fiscal year is available in the Public Works General Fund, Street Sweeping, Account No. 10085420. Recommended Action: Motion to: 1) Approve the proposal by Nationwide Environmental Services to amend their wage structure to market rate changing our current practice of paying prevailing wage on maintenance contacts; and 2) Authorize an amendment to the existing contract in a form approved by the City Attorney for an additional $314,000 per year, and term of five years and two one-year options. Alternative Action(s): 1) Amend the contract to provide citywide sweeping services at the prevailing wage structure and not extend term. This will result in an increased annual expenditure of $153,000. 2) Amend the contract for a different term. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PW 09-24 Analysis: In March 2008, the City Council approved a contract with Nationwide Environmental Services (NEC) to provide street sweeping services for 15,030 annual curb miles at a cost of $31.67 per mile. At the time the contract was approved, the service covered half of the citywide sweeping services. The balance of the sweeping was performed by city staff. In the ensuing year, the three city street sweeping employees resigned their positions. The street sweeping equipment budgeted at a cost of $750,000 also was not replaced. In order to maintain efficiency and economy for the performance of the services, the current contractor, NEC, is now performing the street sweeping service in accordance with the contract provisions. The existing contract has an annual cost of $476,000. This amount is insufficient to provide the expanded services through September 2009. A 2005 State decision determined that street sweeping was "...not public work subject to the payment of prevailing wages." NEC was asked for a proposal to assume the entire contract at market rate wages, as well as prevailing wage. Under the current contract terms, the potential annual cost savings to the General Fund is $58,600 with no reduction in service quality. Extending the contract to five years and amending the wage structure to market rate will result in an annual savings of approximately $150,000. Street Sweeping Cost Comparison Annual Prevailing Market Annual Miles Wage Rate Cost Term Per curb mile Per curb mile Current 3 yrs + 2 15,030 $31.67 $476,000 one year options 3 yrs + 2 one 30,060 $31.37 $943,000 year options 5 yrs + 2 one year options 30,060 $26.28 $790,000 Strategic Plan Goal: Evaluate the methodologies the City uses in contacting for public improvements and maintenance and recommend to the City Council for action options to reduce costs. Environmental Status: Not applicable Attachment(s): -2- 5/26/2009 4:46 PM INITIATING DEPARTMENT: Public Works SUBJECT: Amend Street Sweeping Contract COUNCIL MEETING DATE: June 1, 2009 RCA ATTACHMENTS STATUS" Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) El Notached t Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: L. Daily Council/Agency Meeting Held: D Z - Deferred/Continued to: A Ap ❑Denied /-I it Sign e'proved Council Meeting Date: 3/3/2008 Department ID Number: PW 08-14 - CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PU IBE CEO SUBJECT: Award Contract for Residential Street Sweeping Services, MSC - 450 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The contract for residential, twice monthly street sweeping has expired vendor. City Council approval is necessary to award the new contract to the most qualified Funding Source: Funds in the amount of $209,000 are available in the Public Works Street Sweeping program budget, 10085415.64620. Additional funds of $96,000 will be reallocated from within Public Works approved budget. Recommended Action: Motion to: 1. Accept the proposal submitted by Nationwide Environmental Services, Inc., in the amount of $476,000 for MSC-450; and 2. Authorize the Mayor and City Clerk to execute a maintenance contract in a form approved by the City Attorney. Alternative Action(s): Do not authorize award of this contract and direct staff to proceed. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/3/2008 DEPARTMENT ID NUMBER: PW 08-14 Analysis: In 1999, the City reinstated a twice -a -month street sweeping program using a combination of City staff and contract services. This program reduces the accumulation of litter and debris in the gutter, thereby improving the appearance of City streets and decreasing the amount of debris entering the City's storm drain system. Regular street sweeping is an important part of the City's effort in protecting beaches and coastal waters, and is a component of compliance with the National Pollution Discharge Elimination System (NPDES) permit. In accordance with Chapter 3.02 of the Municipal Code, staff issued a Request for Proposal (RFP) to provide street sweeping services to Huntington Beach. Since July 2003, sweeping services are subject to South Coast Air Quality Management District (SCAQMD) Rule 1186.1 "Less -Polluting Sweepers." which specifies any government agency that signs a contract for street sweeping services must require the service provider to use alternate fuel sweepers. In response to the RFP, three vendors submitted proposals for service: Cannon Pacific Services, Inc., Clean Street, and Nationwide Environmental Services, Inc. All proposals were evaluated by a panel of staff members and scored on a weighted scale. The proposal from Nationwide Environmental Services, Inc. scored best in the evaluation. Nationwide specifies the use of compressed natural gas (CNG) sweepers to comply with Rule 1186.1. The approved street sweeping budget for the current fiscal year was $310,000, with a balance of $209,000 remaining. The existing contract had a monthly rate of $25,250. The proposed new contract rate is approximately 57% higher at $39,600 per month. This increase is due primarily to the additional expense to the vendor for SCAQMD Rule 1186.1 compliance. The most recent contract, signed in 2002, was not subject to the same air quality regulations. A reallocation of $96,000 will be made from the approved Public Works budget to fund the street sweeping program for the remainder of the fiscal year. Public Works Commission Action: Not required. Strategic Plan Goal: City Services, C-2: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the City is sufficiently staffed and equipped overall. Environmental Status: Categorically exempt pursuant to CEQA Section 15301(c). Attachment(s): .2. 2/20/2008 4:15 PM INITIATING DEPARTMENT: Public Works SUBJECT: Award Contract for Residential Street Sweeping Services, MSC-450 COUNCIL MEETING DATE: March 3, 2008 RCA ATTAC MENlT STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached t Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable "T91501611ine RCA Author: Churchill:jg CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NATIONWIDE ENVIRONMENTAL SERVICES TO PROVIDE STREET SWEEPING SERVICES �b THIS AGREEMENT, made and entered into this day of 6mew, voX by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NATIONWIDE ENVIRONMENTAL SERVICES, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY desires to engage the services of a street sweeping contractor to provide street sweeping services in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. WORK STATEMENT CONTRACTOR shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CONTRACTOR hereby designates Am Samuelian, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this AGREEMENT. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONTRACTOR are to commence as soon as practicable after the execution of this 1 07-1350/16577 Agreement by CITY (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date of this Agreement. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." The street sweeping schedule shall be as shown in Exhibit "D." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONTRACTOR. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR on a time and materials basis at the rates specified in Exhibit "C," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed $476 , 000 per fiscal year. Upon subsequent renewal, compensation shall not exceed $476 , 000 , plus agreed upon escalation costs as determined by the formula set forth in Exhibit "D." 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONTRACTOR will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 2 07-1350/16577 6. METHOD OF PAYMENT A. CONTRACTOR shall be entitled to monthly payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "C." B. CONTRACTOR shall submit to the CITY an invoice for each monthly payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR has successfully completed the tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice. C. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to CITY. Such invoices shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment 3 07-1350/16577 of such an invoice shall be treated as separate and apart from the ongoing performance of the remained of this Agreement. 7. I_NDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR'S counsel. 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 CONTRACTOR. 8. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR 4 07-1350/16577 covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 9. INSURANCE In addition to the workers' compensation and employer's Liability insurance and CONTRACTOR'S covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including automobile liability and motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional 5 07-1350/16577 Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR'S insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR'S defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. 6 07-1350/16577 CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT The parties intend that this Agreement shall be for a term of three (3) years, and may be renewed for subsequent fourth or fifth years upon mutual agreement of the parties. All work required hereunder shall be performed in a good and workmanlike manner. However, in order to comply with the municipal debt limitation as contained in the California Constitution, CITY may terminate CONTRACTOR's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONTRACTOR as provided herein. 7 07-1350/16577 13. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. 14. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 15. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach Attn: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 8 07-1350/16577 TO CONSULTANT: Nationwide Environmental Services Attn: Ani Samuelian, Director 11914 Front Street Norwalk, CA 90650 16. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number 9 07-1350/16577 shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 21. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City 10 07-1350/16577 Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 24. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 25. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain 11 07-1350/16577 the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR NATIONWIDE ENVIRONMENTAL SERVICES, a California corporation By: print name ITS: (circle one) Chairman/ resident ice President/ Member -Manager print name ITS: (circle one ecretar Chief Financial Officer/Asst Secretary — Treasurer / Member -Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Calif is Mayor City Clerk "nt 7T Y-% A C' T/l T r-N 1-1 A .T_ 1J_'.,— INITIATED AND APPROVED: Director of Public Works 1 0 �01 12 07-1350/16577 EXHIBIT A STATEMENT OF WORK: Nationwide Environment Services, herein referred to as "CONTRACTOR," shall provide street sweeping services for pre -designated residential areas, commercial areas, arterial highways, and parking lots in the City of Huntington Beach, California. Such services shall be based on provisions specified in the City of Huntington Beach Street Sweeping Services Request for Proposal. See Nationwide Environmental Services Request for Proposal Provisions, Parts 1 — 4, Exhibit A.1. jmp/contracts group/exA/11/5/07 The City of Huntington Beach EXHIBIT A.1 STREET SWEEPING SERVICES REQUEST FOR PROPOSAL TABLE OF CONTENTS Request for Proposal Appendix A Vendor Information Form Appendix B Customer Service Standards Appendix C Designation of Subcontractors Appendix D Bid Proposal Form Appendix E Insurance Requirements PART 1 General Special Provisions 1 Definitions 2.1 Award of Contract 2.2 Execution of Contract 2.3 Failure to Execute Contract 3 Return of Bid Bond 4.1 Route Schedules and Specifications 4.2 Competency of Bidders and Payment for Plans and Specifications 5.1 Authority of Board Inspection 5.2 Requirements for Work Within Other Agencies Right of Way 5.3 Final Inspection 6 Progress of the Work and Time for Completion 7.1 General Prevailing Wage Rates 7.2 Payroll Records 8 Public Liability and Property Damage Insurance 9 Permits and Licenses 10 The Contractor's Representative 11 Superintendence 12 Use of City Water System 13 Noise Control 14 Traffic and Access 15 Safety Precautions 16 Registration of Contractor 17 Payment General 18 Final Payment 19.1 Examination of Route Schedules, Standard Specifications, Special Provisions and Site of Work 19.2 Proposal Form 19.3 Proposal Bid Bond 20 Withdrawal of Proposals 21 Public Opening of Proposals 22 Rejection of Proposals Containing Alterations, Erasures or Irregularities 23 Disqualification of Bidders 1 of 23 The City of Huntington Beach TABLE OF CONTENTS CONTINUED 24 Competitive Negotiation PART 2 Special Provisions Responsibilities of Contractor Contract Special Provisions PART 3 PART 4 2 of 23 The City of Huntington Beach STREET SWEEPING SERVICES REQUEST FOR PROPOSAL PART 1 GENERAL PROVISIONS 1 Definitions (a) AGENCY The City of Huntington Beach, California also hereinafter called "City". (b) BOARD The City Council of the City of Huntington Beach, California. (c) CONTRACT Documents including but not limited to the DOCUMENT proposal, proposal forms, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all addenda setting forth any modifications of the documents. (d) DIRECTOR The Director of Public Works or designee. (e) ENGINEER The administrating officer of the City of Huntington Beach or his authorized representative. (f) BIDDER Any individual, co -partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (g) LEGAL ADDRESS The legal address of the Contractor shall be OF CONTRACTOR the address given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (h) SPECIAL The special provisions are specific clauses PROVISIONS setting forth conditions or requirements peculiar to the work and supplementary to these Standard Specifications. The 3 of 23 The City of Huntington Beach Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be considered as a part of the special provisions. (i) STATE Chapter 3, Part 5, Division 3, Title 2 of the CONTRACT government Code. The provisions of this act and other applicable laws form and constitute a part of the provisions of this contract to the same extent as is set forth herein in full. 2.1 Award of Contract The City reserves the right to reject any and all Proposals. The award of the contract, if it be awarded, will be to the lowest responsible Bidder whose Proposal complies with all the requirements prescribed by the City. 2.2 Execution of Contract 2.3 The contract shall be signed by the successful Bidder within ten (10) working days after award and be returned together with the contract bonds, to the City Clerk's office. Work shall commence within 10 working days after the contract has been fully executed. No Proposal shall be considered binding upon the City until the contract is executed by the Contractor and the City. The contract time shall start on the day of contract execution by the City. Failure to Execute Contract Failure to execute a contract and file acceptable bonds as provided herein within the time specified for the applicable contract category shall be just cause for the cancellation of the award and the forfeiture of the proposal bid bond. 3 Return of Bid Bond Within ten (10) days after the award of the contract, the City of Huntington Beach will return the bid bonds accompanying the proposals, which are not to be considered in making the award. All other bids bonds will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposal they accompany. 4.1 Route Schedules and Specifications The Engineer will provide the Contractor, free of charge, copies of route 4 of 23 The City of Huntington Beach schedules, special provisions and additions to the General Provisions of the Standard Specifications that are reasonably necessary for the execution of work. Contractor shall at his own expense obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California for his general use. If after award of contract should it appear that the work to be done or any matter relative thereto, is not sufficiently detailed or explained in the Standard Specifications, Specifications, Special Provisions and plans, the Contractor shall request from the Engineer further explanation or interpretation of the contract. The request by the Contractor and the Engineer's response shall be in writing. All quantities are approximate. 4.2 Competency of Bidders and Payment for Plans and Specifications Route Schedules, Special Provisions and Proposal forms will be issued only to those contractors who can qualify as competent bidders. A charge will be required for the taking out of plans, none of which will be refunded to any bidder. 5.1 Authority of Board and Inspection The Contractor shall give at least 24 hours advance notice before he or his Subcontractor starts or resumes the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. If the Contractor is directed by the City to work under this contract for more than 8 hrs/day or more than 40 hrs/week, Special Inspection fee requirements will be waived. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing and as provided in the following paragraph: If the Contractor considered any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decisions is given, file a written 5 of 23 The City of Huntington Beach protest with the Engineer stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractors, in writing of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the City Council a formal protest against said decision of the Engineer. The City Council shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. 5_2 Requirements for Work Within Other Agencies Right -of -Way The Contractor shall prosecute work on other agencies' right-of-way only in the presence of the inspector representing the agency and any work done in the absence of said inspector will be subject to rejection. The Contractor shall make the appropriate notification according to the instruction given on the permit for all inspections and shall post all bonds and certifications required by the permit. The permit shall be acquired by the City; however, the Contractor may also be required to secure additional permits under his own name and such permits shall be processed at the Contractor's expense. The Contractor shall pay for all testing and inspections required by the permit. 5.3 Final Inspection Whenever the work provided for and contemplated by the contract shall have been satisfactorily completed and the final cleaning performed, the Engineer will make the final inspection. 6 Progress of the Work and Time for Completion The Contractor shall begin work within ten (10) working days after the contract has been fully executed by the City and shall diligently prosecute the same to completion before the expiration of the time specified in the proposal, specifications, and/or contract. 7.1 General Prevailing Wage Rates In accordance with the provisions of Section 1773 of the Labor Code, the State of California Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be 6 of 23 The City ®f Huntington Beach done. Copies of the latest general wage rate determinations are on file at the offices of the City Clerk and Director of Public Works of the City of Huntington Beach, California. It should be noted that owners/operators and subcontractors are not exempt from the prevailing wage requirement. 7.2 Payroll Records The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (Stats. 1978, Ch. 1249). The Contractor shall be responsible for compliance with these provisions by his subcontractors. a. Each contractor and subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and over time hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the contractor. C. Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within 10 days after receipt of a written request. 7 of 23 The City of Huntington Beach d. Any copy of records made available for inspection as case and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. e. The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. In the event of non compliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such ten day period, the contractor, shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 8 Public Liability and Property Darnage Insurance The Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is named as an additional insured. The Contractor shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: Combined Single Limit Bodily Injury and/or Property Damage Including Products Liability: $1,000,000 combined single limit per occurrence. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are required to cover the risks involved. The Contractor shall arrange for the policies to be so conditioned as to cover the performance of "Extra Work" should such work become necessary. 8 of 23 The City ®f Huntington Beach Prior to the commencement of work under the contract, evidence of insurance shall be furnished on a form provided by the City and no other form will be accepted. In addition, the Contractor shall furnish evidence of a commitment by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before any change in coverage, expiration or cancellation is effective. The Contractor shall also show proof of Workers' Compensation coverage or a valid certificate of self-insurance. 9 Permits and Licenses Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The Contractor shall obtain from the State of California, the Industrial Safety Permit required for the various construction items. 10 The Contractor's Representative Contractor shall file with the Engineer the address and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress. Instructions and information given by the Engineer to the Contractor's authorized representative in person, at the address or telephone numbers filed in accordance with this section shall be considered as having been given the Contractor. 11 Superintendence Whenever the Contractor is not present on any part of the work where the City desires to give direction, orders will be given by the Director in writing and shall be received and obeyed by the Contractor's superintendent or foreman in charge of the particular work in reference to which orders are given. 12 Use of City Water System The Contractor shall make arrangements with the City of Huntington Beach Water Department for requirements, location of source and payment prior to the taking of any water from the City system. 9 of 23 The City of Huntington Beach 13 Noise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise emitting from construction equipment used. In addition, working hours shall be restricted to between the hours of 7:00 AM to 6:00 PM. with the exception of certain areas as identified in the Route Schedules. 14 Traffic and Access The Contractor shall provide for and maintain provisions for public traffic through the construction area at all times. Unless otherwise specified in these Special Provisions, work shall be in accordance with Sections 4-1.04, 7-1.08 through 7-1.95 inclusive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 8 of State of California, Department of Industrial Relations, Construction Safety Order, and Chapter 12.24, "Warning Lights --- Barricades" of the Huntington Beach Municipal Code. The Contractor's attention is specifically directed to HBMC Section 12.24, "Warning Lights — Barricades," pertaining to the use of barricades and lights in excavation areas. Flashing barricades will be allowed as a substitute for "lights" as described in that section. 15 Safety Precautions Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the Contractor. 16 registration of Contractor Prior to the award of contract, the Contractor shall be licensed in accordance with the provisions of Article 1 to 9 inclusive of Chapter 9, Division 3 of the Business and Progressions Code of the State of California and Amendments thereof, providing for the registration of Contractors, and defining the term Contractor; providing a method of obtaining licenses to engage in the business of contracting and fixing the fees for such licenses; and prescribing 10 of 23 The City of Huntington Beach the punishment for violation of provisions thereof, as amended. 17 Payment General Payment for the furnishing of all labor, material and equipment necessary to perform all work indicated on the plans and described in these specifications and Special Provisions shall be included in the contract unit prices bid for the items listed in the proposal and no additional compensation will be allowed. Compensation for items of work shown or described, but not listed in the proposal, may be included in the prices bid for listed items. 18 Final Payment The Engineer shall, after completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach shall pay the entire sum found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimates and payment. It is mutually agreed between the parties to the contract that no certificates given or payments made under the contract, except the final payment shall be evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part and no payment shall be construed to be an acceptance of any defective work or unacceptable materials. Section Proposal Requirements 19 19.1 Examination of Route Schedules, Standard Specifications, Special Provisions and Site of Work The bidder shall examine carefully the site of the work contemplated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the bidder has investigated and is satisfied as to the general and local conditions to be encountered; as to the character, quality and quantities of the work to be performed and materials to be furnished; as to the character of equipment and facilities needed preliminary to and during the prosecution of the work; and as to the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement or conversation with any officer, agent or employee of the City 11 of 23 The City of Huntington Beach either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. 19.2 ProposalForm All proposal forms furnished through the Request for Proposal must be completed and submitted with the proposals. All proposals must give the prices proposed both in words and numbers, of which words will prevail over numbers, and must be signed by the Bidder with his address and telephone number. 19.3 Proposal Bid Bond All bids shall be presented under sealed cover and shall be accompanied by cash, a cashier's check, certified check or bidder's bond made payable to the City of Huntington Beach for an amount equal to at least ten percent (10%) of the amount of said bid. No bid will be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 20 Withdrawal of Proposals Any bid may be withdrawn at any time prior to the hour fixed in the Notice to Contractors for the opening of bids provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. 21 Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. 22 Rei!ection of Proposals Containing Alterations, Erasures or Irregularities Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the Bidder. The right is reserved to reject any or all Proposals. 23 Disqualification of Bidders More than one proposal from an individual, a firm, a partnership, a corporation, or an association under the same or different names will not be 12 of 23 The City of Huntington Beach considered. Reasonable ground for believing that any Bidder is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such bidder is interested. If there is reason for believing that collusion exists among any or all bidders, any or all Proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. 24 Competitive Negotiation The Central Services Manager may establish, and the bid or proposal documents shall clearly define in a competitive negotiation procurement, a two -tiered process in which bids or proposals, as first received, constitute preliminary offers only. Subject to the Central Services Manager's judgment, the Central Services Manager shall have the authority to enter into negotiations with those persons reasonably likely of being considered for selection for contract award. Bidders or proposals shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of bids or proposals. Following such negotiations, best and final bids or proposals will be accepted by the Central Services Manager. The contract award shall be made to the bidder whose bid or proposal offers the best value to the City, taking into consideration price and the evaluation criteria set forth in the bid or proposal documents. 13 of 23 The City ®f Huntington Beach SPECIAL PROVISIONS PART 2 I. GENERAL DESCRIPTION OF WORK The work to be performed under these specifications and special provisions consists of providing street sweeping services for the City of Huntington Beach, California in pre -designated areas of the City on City determined schedules and at City selected hours of each day of the week. II. STREET SWEEPING EQUIPMENT A. The street sweeper or any relief sweeper used to perform this contract work shall: 1. Be State approved alternate fuel, twin engine regenerative air sweeper with all standard equipment. 2. Be a standard full size motorized sweeper. 3. Be an air regenerative sweeper equal to or larger than a Tymco 600 or shall be a vacuum sweeper with equal pick up capabilities with dual gutter brooms. 4. Be no more than seven years in age. 5. Be maintained in top class running condition including arriving clean for each daily schedule. 6. The Contractor shall provide a minimum of one (1) relief sweeper for each sweeper planned to be used to perform the contract work. 7. The Contractor shall provide a listing of all sweepers and relief sweepers identifying: a. Make, model, and year. b. Company identification unit number. C. California license number. d. Company vehicle colors. 14 of 23 The City of Huntington Beach e. Sweeper color, if different. f. Names of all operators to be used, California driver's license number, license class, expiration date and a recent California DMV record for each driver. 8. The Contractor will not be permitted to washout or clean hopper on any public street, alley or City owned parking lot. B. The street sweeper or any relief sweeper shall be equipped with the following: 1. Rotating amber dome lights. 2. DMV night traveling amber side, rear, and top lights. 3. An on board water meter, with pre -arranged times for reading and billings between the contractor and City Water Department. 4. Dual side gutter brooms having no less than 5" long bristles. 5. A set of road trouble fluorescent triangles. 6. The primary sweeping equipment shall have installed an "active" or "passive" Global Positioning System (GPS) that will enable CONTRACTOR to view, via his/her computer, where the equipment is at all times. The GPS must be able to track non -sweeping stops and speed of the equipment. The GPS must also be able to generate reports and maps with an exact description of services. 7. A mechanically or magnetically attached sign on each side of sweeper reading "This sweeper is under contract with the City of Huntington Beach." 8. The sweeper shall also be identifiable with the company name on each side along with office telephone number. III. SWEEPING DESCRIPTION A. General — street sweeping shall include picking up silt, mud, sand, dirt, paper, leaves, grass, miscellaneous trash/debris, and standing water in swales. 15 of 23 The City ®f Huntington Beach B. Normal sweeping coverage shall be a nominal eight (8) + foot path from outer edge of extended gutter broom to opposite end of pick up head. For bike lanes in excess of eight feet in width, both gutter brooms shall be used. C. Residential local streets shall be swept along all curbs on both sides of each street, including full lengths of each block, each knuckle, each cul-de-sac, and across each cross gutter. D. Parking lots shall be swept for full area coverage of area on the parking side of bumpers. Additionally, once each quarter, debris behind the bumpers shall be blown out for the sweeper to pick up. Measurements for parking lots shall be in equivalent sweeper pass miles, calculated as area in square feet divided by 8' divided by 5280'. E. Isolated auxiliary sweeping — sweeping outside of normal paths is anticipated to be isolated and minimal, however small areas of dropped materials may be observed, and the contractor shall pick up as an additional pass or two and no additional compensation will be allowed. IV. STREET SWEEPING SPEED A. Street sweepers shall be operated at speeds no greater than eight (8) miles per hour, as will be indicated on tachograph charts, covered hereinafter. B. Reviews by the City shall be made of all information and reports generated by the GPS tracking system. C. Indications of any day's sweeping exceeding 8 miles per hour shall result in: 1. Notification after the first two occurrences to the contractor that he is in non-compliance. 2. Reduction in monthly payment by one eighteenth for each day that sweeping is recorded in excess of 8 miles per hour over a total of one hour per day. V. EQUIPMENT MALFUNCTION A. The equipment operator shall immediately stop in the event of equipment spillage such as a spillage of gasoline, diesel, motor oil, or hydraulic oil. A call for assistance must be made and the area 16 of 23 The City of Huntington Beach cleaned within two hours. Failure to affect a proper cleanup will result in the City responding with Fire and Public Works Hazmat crews, and cleanup costs will be deducted from the following invoice to be paid. VI. WATER METERS Contractor must install a City provided water meter (with eddie valve) for each sweeper in use. Public Works personnel will be required to take meter readings for monthly billing. For every 748 gallons used there will be a $1.45 charge, plus a 5% utility tax. VII. PRE -DESIGNATED AREAS CONSIST OF THE FOLLOWING CATEGORIES A. Various districts of residential local streets. B. Various areas posted for one side sweeping per sweeping day within posted time frames. C. Various areas of residential local streets posted for days of the week and at posted time frames. D. Arterial Highways 1. Majors, primaries, and secondaries. 2. Curb and gutter sides. 3. Curb and gutter medians. 4. Curb and gutter one side, i.e. perimeters. 5. Painted medians. E. City Parking Lots F. Industrial Areas VIII. PRE -DETERMINED SCHEDULES A. Residential local streets shall be swept once or twice per month as directed, on various days of either the 1st 2na 3ra or 4t" week of the month. 17 of 23 The City of Huntington Beach B. Posted residential locals have time frames in addition to the daily schedules that must be adhered to. C. Parking lots shall be swept on the same schedule as the district where located or as noted on the contract area schedule listing. D. No residential area shall be commenced prior to 8:00 A.M. E. No consideration will be given any request to change any residential area schedule. IX. HOLIDAYS A. Prior to commencement of contract work, agreement on days of make-up sweeping due to holidays shall be reached by comparing those recognized by the bargaining units of the City, contractor's operators, and refuse disposal personnel. B. Those holidays that are the same in all three groups shall become the official list for this contract, and shall be recorded as such by a letter to file. X. INCLEMENT WEATHER A. Days of rain or other inclement weather conditions shall dictate omission of street sweeping, with no payment due. B. Payment amount for any single day shall be that amount of monthly invoice divided by eighteen (18). C. Make-up for any day omitted due to inclement weather or holidays may be made up only on a 1st or 3Id Friday off day that occurs within five days after the omitted day. XI. CALL BACKS AND CALLS FOR SPECIAL SERVICE A. Call backs to complete an area on a scheduled run which was omitted must be responded to within two hours, and shall be made a no increase in monthly invoicing. Refusal or untimely response shall result in the City performing the work on overtime with the costs plus overhead deducted from that month's invoice. B. Calls for special services to clean a material spill, sweep an area for asphalt paving, or cleanup of storm debris shall be paid for at the hourly rates listed on the proposal. These rates shall be those for regular working hours between 7:00 A.M. and 4:30 P.M. Calls 18 of 23 The City of Huntington Beach at other times will be recognized as overtime hours and payment may be increased according to bargaining agreements. C. The Contractor will not be "called -out" for any hazardous waste spills or associated incidents. XII. SPILLS A. The Contractor shall make additional passes on a street route to pick up any spillage of sweeping materials debris dropped during turns or crossings of cross gutters, prior to moving to the next area. B. The equipment operator shall immediately stop in the event of equipment spillage such as a spillage of gasoline, diesel, motor oil, or hydraulic oil. A call for assistance must be made and the area cleaned within two hours. Failure to affect a proper cleanup will result in the City responding with Fire and Public Works Hazmat crews, and cleanup costs will be deducted from the following invoice to be paid. XIII. DISPOSAL OF STREET SWEEPINGS A. The Contractor shall dispose of all street sweeping materials at the Rainbow Disposal Company Transfer Station at 17121 Nichols Street, Huntington Beach, CA 92647. B. The contractor may lease an additional disposal site(s) if mutually agreed upon. C. The Contractor shall furnish copies of all weight tickets for each month. XIV. CONTRACTOR INVOICEWSUPPORTING DATA A. The Contractor shall submit, on a weekly basis, GPS information for each street or location together with the reports to, verify accuracies. B. The Contractor and City shall review all data together and arrive at an agreeable monthly total for the eighteen day cycle. C. The Contractor and City shall review all data together and arrive at an agreeable monthly adjustable by: 19 of 23 The City of Huntington Beach 1. Reduction due to no sweeping due to inclement weather. 2. Reduction due to penalty for sweeping speed. 3. Addition due to call for special hourly rate street sweeping. D. The Contractor shall submit an invoice during the first week of each month covering sweeping services for the previous month of sweeping, including total miles swept. E. The City will process approvable invoices within one week following receipt and payments will be mailed within two weeks thereafter. F. Contractor shall accept additive areas or mileage of street sweeping at the unit prices bid for equivalent categories of work, and no further additional compensation shall be made. G. All pre -determined schedules are listed on Exhibit "B", attached and made a part of these Special Provisions. XV. PERFORMANCE EVALUATION A. The City of Huntington Beach will conduct evaluations of the contractor's performance. If deficiencies are found, immediate correction will be necessary. 20 of 23 The City of Huntington Beach PART 3 RESPONSIBILITIES OF CONTRACTOR I. PERSONNEL A. The Contractor shall furnish experienced and qualified equipment operators on each street sweeper or relief street sweeper utilized. B. The Contractor shall furnish journeymen laborers to perform quarterly debris removal in parking lots and for storm debris cleanup if applicable. All personnel shall be outfitted with all necessary safety equipment, such as safety vests, ear plugs, eye protection, hand protection, and foot protection. C. All contractor employed personnel shall be in a recognizable uniform, i.e., shirt with company name on a decal, stenciled, or sewn thereon. D. All personnel furnished shall afford the general public the utmost courtesy during any contact. Reports of any unacceptable conduct will result in the City ordering the immediate removal of that employee. II. PUBLIC RELATIONS A. The Contractor shall maintain a manned telephone during normal company business hours to receive and resolve all complaints as received by the City. B. Each sweeper or relief sweeper shall be equipped with either a mobile radio comparable to City units, or cellular telephone to receive messages. C. The Contractor shall make available a public relations inspector to investigate all complaints, make personal contact responses and to effect resolution. D. Resolutions of complaints such as areas or portions of streets missed during sweeping shall be resolved on the same day, even if on overtime, and no additional compensation will be made. E. The Contractor shall maintain a log of all complaints and resolutions, and shall submit a report or log summary along with 21 of 23 The City of Huntington Beach each monthly invoice. This is in addition to our complaint control process. ESE. CUSTOMER SERVICE A. Contractor shall provide service, which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. A Contractor Operator is an extension of the City of Huntington Beach Public Works, and as such is expected to: 1. Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner. 2. Give full attention to each customer's needs by asking questions. Provide information, products and service in an accurate, organized and complete manner. Determine that the customer's request has been fulfilled. 3. Comply with all federal, state, county, and city laws and regulations. 4. Use adequate equipment that is kept clean and neat at all times. 5. Train other contractor employees to be polite and courteous during public contact. 6. Employ truth and accuracy in advertising and soliciting. Honor commitments made in the course of business. 22 of 23 The City of Huntington Beach PART 4 CONTRACT SPECIAL PROVISIONS I. CONTRACT DURATION The contract will be awarded for a three year period, and the City shall maintain the right to exercise an option to renew the contract for a fourth and fifth year period for the same contract sum per year plus agreed to escalation costs for labor, material, and equipment pursuant to formula set forth in Exhibit A attached hereto. The contractor, by submission of a bid for this work, agrees to provide annual cost summaries to the City, along with labor and supply agreements to substantiate any escalation calculations for the extension negotiations. II. CONTRACT CANCELLATION The City retains the right to cancel this contract, with thirty days notice to the contractor, for failure to comply with these specifications, or for failure to perform qualitatively or quantitatively to the satisfaction of the Department of Public Works. In the event of contract cancellation, there shall be no compensation approved for recovery of any bond or insurance premiums or if any other costs prorated into the full term contract monthly breakdowns. 23 of 23 Table 1 The City of Huntington Beach EXHIBIT B SWEEPING SCHEDULE STREET SWEEPING SCHEDULE The perimeter of a tract sweeping coincides with the district. No sweeping on Pacific Coast Highway and Beach Boulevard. = Flatbed Perimeters of Route 1S IVIONDAY CONTRACT ROUTE #1 8.00 a.m. to 10 00 a.m Alt side 1S St. to 12 St. 10:00 a.m. to 2.00 p m. 12 St. to Goldenwest CONTRACT ROUTE #2 8:00 a m. to 12.00 p.m. Alt side District 165,175,166 12:00 p.m. to 4.00 p m. District 157, 167 CITY @ ROUTE #3 8:00 a m. to 12*00 p.m. District 177, 176, 186 12:00 p.m. to 4 00 p.m. District 187, 197 CITY @ ROUTE #4 3-00 a.m to 7 00 a m. District 136, 137, 146, 147-Industrial only 8 00 a m. to 12:00 p m District 147-Residential only, 116, 117 A, sr- TUESDAY CONTRACT ROUTE #1 8.00 a.m to 10-00 a.m. Alt side 1S St. to 12 St. 10:00 a.m. to 2 00 p m. 12 St. to Goldenwest, Palm, Seapoint Islands CONTRACT ROUTE #2 8:00 a.m. to 12.00 p m. District 467, 466, 476 12 00 p m. to 4:00 p.m. District 475 CITY @ ROUTE #3 8 00 a m to 12:00 p m District 464, 444, 454 Perimeter 12.00 p.m. to 4 00 p.m. District 485, 486, 474 CITY @ ROUTE #4 3:00 a.m. to 7 00 a.m. Islands. Warner, Slater, Talbert" parking lots - Harbor dock , Warner fire station, Central park s/o slater, Central library 8 00 a m. to 1 12 00 p.m. Alt side District 165 1S WEDNESDAY CONTRACT ROUTE #1 8.00 a.m. to 12 00 p.m. District 327, 328, 329, 337, 338, 339 West 12 00 p m to 4 00 p m. District 339 East, 431, 441, 451 CONTRACT ROUTE #2 8 00 a m. to 12.00 p m. District 282, 292, 412 North 12:00 p m to 4.00 p.m District 272, 271 CITY @ ROUTE #3 8:00 a.m to 12.00 p.m. District 283, 273 12:00 p m to 4 00 p.m. District 293, 413 B.1 of 8 The City ®f Huntington Beach CITY @ ROUTE #4 3 00 a.m to 7 00 a m 251, 261, 271, 272 Nichols, _ 281, 282, 291, 292 8.00 a m to 12:00 p m. District 281, 291, 318, 319, 411, 421 Parkin lots - Oakview Comm Center 1s THURSDAY CONTRACT ROUTE #1 8 00 a m to 12.00 p m District 168, 158 12 00 p.m. to 4 00 p m District 159 CONTRACT ROUTE #2 8.00 a m to 12.00 p m District 139, 149 S/of Glen 12 00 p.m to 4.00 p m District 148 CITY @ ROUTE #3 8.00 a.m. to 12 00 p m District 118, 128, 149 N/of Glen 12:00 p m to 4 00 p m District 138 CITY @ ROUTE #4 3:00 a m. to 12 00 p.m Islands: Bolsa Chica, W/s Bolsa Chica Between Rancho & Edinger, Grahm, Springdale, Edwards* parking lots -Central park dr & Chffview, Inlet & Edwards, Marina park, Overlook park Al s FRIDAY CONTRACT ROUTE #1 8 00 a m to 12:00 p m. District 434, 435 12 00 p m. to 4:00 p.m. District 426 CITY @ ROUTE #3 8 00 a m to 12.00 p.m District 423, 424 12 00 p m to 4 00 p m District 425 B.2 of 8 Table 2 The City ®f Huntington Beach STREET SWEEPING SCHEDULE Cad = Flatbed Perimeters of Route Zn MONDAY CONTRACT ROUTE #1 8 00 a.m to 12.00 p.m. District 162, 163, 173 12.00 p m. to 4 00 p m District 174 S/o Davenport CONTRACT ROUTE #2 8 00 a m to 12 00 p m District 152, 153, 154 12 00 p m to 4 00 p m District 164 N/o Davenport CITY @ ROUTE #3 8 00 a m to 12 00 p.m. District 155, 156 12 00 p m. to 4 00 p m. District 136 Residential, District 146 West Half Residential CITY @ ROUTE #4 3.00 a.m. to 12 00 p m. District 126, 127 & Islands. Bolsa, McFadden, Edinger, Heil* Parkin lots - Greer park, Senior Center, City Gym 2n TUESDAY CONTRACT ROUTE #1 8.00 a m to 12 00 p m District 446, 447 12-00 p m to 4.00 p m. District 456 CONTRACT ROUTE #2 8:00 a m to 12 00 p m. District 453, 443 (Indianapolis & Newland Posted 8 am to 12 pm) 12 00 p m to 4 00 p m District 463, 473, 457 CITY @ ROUTE #3 8:00 a m. to 12:00 p m. District 455, 465 12-00 p m. to 4 00 p m District 445 CITY @ ROUTE #4 3.00 a m. to 12:00 p m Islands- Yorktown, Adams, Indianapolis, Atlanta, Hamilton, Banning* Parkinlots - Banninglibrary, Newland house 2n WEDNESDAY CONTRACT ROUTE #1 8 00 a.m to 12.00 p m. District 262, 264 12.00 p m. to 4,00 p m District 263 CONTRACT ROUTE #2 8.00 a m. to 12 00 p m. District 251, 252 Alt. Side N/E Part of Tract, 253 12 00 p m to 4 00 p m District 232, 261 CITY @ ROUTE #3 8 00 a.m to 12 00 p m Alt. Side South Half 412, 422, 432 12:00 p m to 4 00 p m. Alt Side Districts 442, 452, 462 CITY @ ROUTE #4 3 00 an to 12.00 p.m Islands Ellis, Gothard, Garfield, Ward B.3 of 8 The City of Huntington Beach Perimeters 241, 242 Parkinlots - Central park Wo Gothard, Civic Center, Water yard, Parks yard 2n THURSDAY CONTRACT ROUTE #1 8 00 a.m. to 12.00 p.m District 169, 179 12.00 p m to 4.00 p.m. District 189, 199 CONTRACT ROUTE #2 8 00 a.m to 12:00 p m District 188, 198 12-00 p m to 4 00 p.m. District 178, 252 Alt. N/E Part, 262 Alt N/E Viewpoint CITY @ ROUTE #3 8:00 a.m. to 12:00 p m Alt. Side/South Half 412, 422, 432 12:00 p.m. to 4 00 p.m. Alt. Side 442, 452 CITY @ ROUTE #4 3 00 a.m. to 12:00 p.m Islands: Brookhurst, Bushard, Magnolia, Newland* Parkin lots - Edison comm center, Lebard park 2n FRIDAY CONTRACT ROUTE #2 8:00 a m to 12 00 p.m. District 427, 428, 437 12.00 p m to 4 00 p.m. District 433 CITY @ ROUTE #4 3-00 a m to 7,00 a m Goldenwest, Main Street 8-00 a m. to 12 00 p.m District 436, 282 Posted Talbert Between Bell & Brookshire, 292 Posted Talbert Between Jolly & Joyful, 272 (Nichols) North Bound From Slater BAof8 The City ®f Huntington Beach Table 3 STREET SWEEPING SCHEDULE = Flatbed Perimeters of Route 3r liIION DAY CITY @ ROUTE #1 8.00 a m. to 10:00 a m Alt side 1S St. to 12,nSt. 10:00 a.m to 2.00 p m 12 St to Goldenwest CONTRACT @ ROUTE #2 8-00 a m to 12 00 p m. Alt side District 165,175,166 12 00 p.m to 4 00 p m District 157, 167 CONTRACT ROUTE #3 8 00 a m. to 12 00 p m. District 177, 176, 186 12 00 p m to 4 00 p m. District 187, 197 CITY ROUTE #4 3 00 a m to 7 00 a m District 136, 137, 146, 147-Industrial only 8 00 a m to 12-00 p.m. District 147-Residential only, 116, 117 3r TUESDAY CITY @ ROUTE #1 8.00 a.m. to 10.00 a m Alt side 1S St. to 12 nSt. 10 00 a m. to 2 00 p.m. 12 St. to Goldenwest, Palm, Seapoint Islands CONTRACT @ ROUTE #2 8 00 a m to 12 00 p m District 467, 466, 476 12 00 p m to 4 00 p m. District 475 CONTRACT ROUTE #3 8 00 a m to 12.00 p m District 464, 444, 454 Perimeter 12.00 p m to 4 00 p m. District 485, 486, 474 CITY ROUTE #4 3:00 a.m to 7.00 a m Islands. Warner, Slater, Talbert* parking lots - Harbor dock , Warner fire station, Central park s/o slater, Central library 8 00 a m. to 12 00 p m. Alt side District 165 3r WEDNESDAY CITY @ ROUTE #1 8.00 a m to 12.00 p m District 327, 328, 329, 337, 338, 339 West 12 00 p m to 4 00 p m District 339 East, 431, 441, 451 CONTRACT @ ROUTE #2 8 00 a m to 12 00 p m. District 282, 292, 412 North 12-00 p m. to 4-00 p m District 272, 271 CONTRACT ROUTE #3 8.00 a m to 12 00 p.m. District 283, 273 12 00 p m. to 4.00 p m. District 293, 413 CITY ROUTE #4 3 00 a m. to 7 00 a m 251, 261, 271, 272 Nichols, 281, 282, 291, 292 8 00 a m to 12 00 p.m. District 281, 291, 318, 319, 411, 421 B.5 of 8 The City ®f Huntington Beach Parkinlots - Oakview Comm Center 3 rd THURSDAY CITY @ ROUTE #1 8:00 a m. to 12:00 p.m. District 168, 158 12:00 p m. to 4:00 p m. District 159 CONTRACT @ ROUTE #2 8:00 a.m. to 12 00 p.m District 139, 149 S/of Glen 12:00 p m. to 4.00 p m District 148 CONTRACT ROUTE #3 8:00 a m. to 12.00 p.m. District 118, 128, 149 N/of Glen 12:00 p.m. to 4.00 p m. District 138 CITY ROUTE #4 3.00 a m. to 12.00 p m Islands- Bolsa Chica, W/s Bolsa Chica Between Rancho & Edinger, Grahm, Springdale, Edwards* parking lots - Central park dr & Cliffview, Inlet & Edwards, Manna park, Overlook park 3r FRIDAY CITY @ ROUTE #1 8.00 a m to 12:00 p.m. District 434, 435 12:00 p.m. to 4 00 p m. District 426 CONTRACT ROUTE #3 8:00 a.m. to 12:00 p m. District 423, 424 12:00 p m. I to 4.00 p.m District 425 B.6 of 8 The City ®f Huntington Beach Table 4 STREET SWEEPING SCHEDULE = Flatbed Perimeters of Route 4 th MONDAY CITY @ ROUTE #1 8 00 am to 12.00 p.m. District 162, 163, 173 12 00 p.m. to 4:00 p m District 174 S/o Davenport CONTRACT @ ROUTE #2 8.00 a m. to 12.00 p m District 152, 153, 154 12 00 p.m to 4 00 p m District 164 N/o Davenport CONTRACT ROUTE #3 8 00 a m to 12 00 p.m. District 155, 156 12:00 p m to 4.00 p.m. District 136 Residential, District 146 West Half Residential CITY ROUTE #4 3:00 a m to 12 00 p m. District 126, 127 & Islands Bolsa, McFadden, Edinger, Hell* Parking lots - Greer park, Senior Center, City Gym 4 th TUESDAY CITY @ ROUTE #1 8 00 a m to 12 00 p.m District 446, 447 12 00 p m. to 4:00 p m District 456 CONTRACT @ ROUTE #2 8 00 a m to 12.00 p.m. District 453, 443 (Indianapolis & Newland Posted 8 am to 12 pm) 12-00 p m to 4 00 p.m. District 463, 473, 457 CONTRACT ROUTE #3 8 00 a m to 12 00 p m. District 455, 465 12 00 p.m. to 4.00 p m District 445 CITY ROUTE #4 3 00 a.m to 12 00 p m. Islands. Yorktown, Adams, Indianapolis, Atlanta, Hamilton, Banning* Parkin lots - Banning library, Newland house 4 WEDNESDAY CITY @ ROUTE #1 8 00 a m to 12 00 p.m. District 262, 264 12 00 p m to 4:00 p m. District 263 CONTRACT @ ROUTE #2 8:00 a m to 12:00 p.m. District 251, 252 Alt. Side N/E Part of Tract, _ 253 12:00 p.m. to 4.00 p m District 232, 261 CONTRACT ROUTE #3 8.00 a m to 12 00 p m Alt Side South Half 412, 422, 432 12.00 p m to 4 00 p m Alt Side Districts 442, 452, 462 CITY ROUTE #4 3 00 a m to 12 00 p m Islands Ellis, Gothard, Garfield, Ward Perimeters 241, 242 Parking lots - Central park w/o Gothard, Civic Center, Water yard, Parks yard 4 THURSDAY CITY @ ROUTE #1 8.00 a m to 1 12 00 p m District 169, 179 B.7 of 8 The City ®f Huntington Beach 12.00 p.m. to 4 00 p.m. District 189, 199 CONTRACT @ ROUTE #2 8:00 a m to 12.00 p.m. District 188, 198 12.00 p m. to 4.00 p.m District 178, 252 Alt. N/E Part, 262 Alt. N/E Viewpoint CONTRACT ROUTE #3 8:00 a.m. to 12 00 p.m. Alt Side/South Half 412, 422, 432 12:00 p.m. to 4:00 p m. Alt Side 442, 452 CITY ROUTE #4 3 00 a m. to 12 00 p m. Islands: Brookhurst, Bushard, Magnolia, Newland" Parking lots - Edison comm center, Lebard ark 4 FRIDAY CITY @ ROUTE #2 8 00 a.m. to 12:00 p.m. District 427, 428, 437 12-00 p m to 4:00 p.m. District 433 CONTRACT ROUTE #4 3-00 a.m. to 7 00 a.m Goldenwest, Main Street 8:00 a m. to 12 00 p m District 436, 282 Posted Talbert Between Bell & Brookshire, 292 Posted Talbert Between Jolly & Joyful, 272 (Nichols) North Bound From Slater B.8 of 8 The City of Huntington Beach APPENDIX C STREET SWEEPING SERVICES REQUEST FOR PROPOSAL BID PROPOSAL FORM PROPOSER Mdoyicb Ruitumeta7 serdoes a &visim cE Joe's sAeE r Ino. Name of Firm STREET SWEEPING SERVICES FOR PRE -DESIGNATED RESIDENTIAL AREAS, COMMERCIAL AREAS, ARTERIAL HIGHWAYS, AND PARKING LOTS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. F'z%pk� '._"t 'f•�J yy������������''$$ `b --T.�, i=TrN ,�,t4 H:�•�1i1 Y.-r 4Yd.r Y�>.gL��,1`rs' �'4Li't.�.r�ia.• �SC:�JA..� MA ��,!P .g ,"','; ,Y �:'w'.`• t bya., �a v"�i� .+K...�. _411 A pre -bid meeting will be held on September 5, 2007, at the City's Public Works Corporation Yard, 17371 Gothard Street, Huntington Beach, CA. The meeting, to begin at 9:00 A.M., will include a detailed discussion of the project, route schedule, posting programs etc., followed by a question and answer session. hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the route schedules, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materiaiman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid depository, or which prevent any subcontractor or materiaiman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the route schedules, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: 10 The City ®f Huntington Beach ITEM APPROX. ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 15,030 EA. CURB MILES OF STREET SWEEPING OF RESIDENTIAL LOCAL STREETS 'shirty Gm DAJ= AT and Sixty a! 1 Qmts PER $31.67 $476,000.10 CURB MILE. 2 340 EA. CURB MILES OF STREET SWEEPING OF ARTERIAL HIGHWAYS OUTSIDE LANES T rty One D llars AT aryl sixty seven Qxts PER $31.67 $10,767.80 CURB MILE. 3. 805 EA. CURB MILES OF STREET SWEEPING OF ARTERIAL HIGHWAYS MEDIAN LANES Mih-tT Gne DaUa AT aryl Sixty Sc-,�En Cats PER $31.67 $25,494.35 CURB MILE. 4 225 EA. OPERATING WIDTH MILES OF STREET SWEEPING OF ARTERIAL HIGHWAY PAINTED MEDIANS Mlixt em rk Lars AT arrl Sixby SwEn Ctnts PER $31.67 $7,125.75 MILE. 5 315 EA OPERATING WIDTH OF STREET SWEEPING OF PARKING LOTS Eigf tem DaUars AT aryl tab (marts PER $18.00 $5,670.00 MILE. 6 10 EA. HOURS OF SPECIAL STREET SWEEPING FOR ASPHALT PAVING 11 The City ®f Huntington Beach ITEM APPROX. ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL OR SLURRY PROJECTS Che ardr rd Lbllars AT and Pb amts PER $100.00 $1,000.00 HOUR. 7 10 EA. HOURS OF STREET SWEEPING FOR SPILLS OR DEBRIS REMOVALS Ore I1aiked LtiU= AT and Ib (ants PER $100.00 $1,000.00 HOUR. 8 180 EA. HOURS OF STREET SWEEPING DURING OVERTIME PERIODS Clue aridred FtrLy Fire Ibl a AT and I\b Cbnts PER $145.00 26,100.00 HOUR. 9 13 EA. HOURS OF STREET SWEEPING FOR STORM DEBRIS CLEANUP, INCLUDING SWEEPER, EQUIPMENT OPERATOR, TWO HAND PICKUP PERSONNEL, AND 5-8 TON DUMP TRUCK pour Hmlx Fifty DaUars AT and lb Ct is PER $450.00 5,850.00 HOUR. 10 MINIMUM NUMBER OF HOURS CHARGEABLE PER CALL OUT FOR ITEMS 6-9 AT T&D 2.0 HOURS 12 The City of Huntington Beach ITEM APPROX. ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Fiw Hx&ed Fifty Nine 7rm� TOTALaght.Dallazs. aril Ab. ..... $559,008.00 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds with ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the route schedules and specifications and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, route schedules, specifications, and the contract. Accompanying this proposal is Bid Da-d ($109. of Bid Arant )- NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. N/A Signature of Bidder 13 The City of Huntington Beach Business Address 11914 FYa'tt Sbt� Nx alk (A 90650 Place of Residence 11914 Fta t Strut, Nxwalk., ('A 90650 Dated this 13th day of SepbaTiEr , M2007 Bidder shall signify receipt of all Addenda here, if any: Addendum Date Received Bidder's Signature No. 14 EXHIBIT D A change in compensation will be determined by the following factors: During each year of the contract, starting in the second year, the cost of living increase shall be based on the percentage of increase in the Los Angeles -Anaheim -Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area from April to April of the preceding twelve (12) months. On or before August 1st of each year thereafter during the term of this agreement, Contractor shall advise City in writing of the cost of living increase, if any. No more than one negotiated rate change shall be made in any twelve (12) month period. Jan 02 C8 03,08p 5628685726 P•1 ® DATE IMMIDDIYY) I"f ra CERT'IFICAT'E OP' LIABILITY lNSU DICE 0isravz0oe 05;31/200'7 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LocktonComparies,L:.C-LLos Angeles ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 725 S. Figueroa Street, 35th F. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License #OF15767 ALIER THE COVERAGE AFFORDED BY THE POLICIES Los Angeles CA 80017 (213) 689.0065 INSURERS AFFORDING COVERAGE INSUREO Joe's Sweeping, inc. 1026052 dbs, Nationwide Environnten-al Ser>ioes and JNL Bulldirg Services 1914 Front St. Pdgrwalk CA 90650 d'MUN 0A r. GC rnR 1z WA DA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTC THE J14SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM ORCONDITION OF ANY CCNTRACT OR OTHER DOCUMENT WITH RESPECT TO 'NHIC:H THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE?ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE OMITS 5HOV* MAY HAVE BEEV REDUCED BY PAID CLAIMS JNSR I F NCE POLICYNUMBER POLICY EFFECTIVE 0 I POLICY ERPIRATION 0 lHfO LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 000,000 _FIRE DAMAGE {An v ore 11 [MED EXP JAnY one person $ 300.000 S 10,000 A X COMMERCIAL GENERAL LIABILITY, 543711640 CLAIMS MADE FX OCCUA 06/01/2007 06101,20D8 PERSCNA.3AD_ViNJJRY $ 1,000000 GENE A AGu^^REGATE $ 2 001)000 PRODUCTS - OMPIDP AGG _ S 2,000,000 GENLA3GREGATE LIMIT APPLIES PER-.! P Y LOC El F * ALrrOKO&LE LIABILITY X ANY AUTO 133723687 06/01/2007 COKBIVED SINGLE LIMIT S 1,000.000 06/01/2 09 ,Eaaradent} ALL OYMEO AUTOS _ SCHEDULED AUTOS I BODILY INJUfiY $ YXXKXXX iPer cemn) �g _ X HIREDAUTOS X NCV-CMEO AUTOS 8001LYIhIJUAY XXYXXXX (Per ecade-11 T ' PROPERTY DAMAGE $ XXXXXXx 11 (Per accldel) GARAGE LIABILITY AU70 ONLv - EA ACCIDENT $ XXXXXXk $ ?{ CXXXX AN' AU70 NCT APPLICABiE OTJ-ER THAN EA ACC AUTO ONLY, AGG XXXXXXX B EXCESSUASLITY X occuR C CLAIMS MADE QKM0315 06i0U2007 05/O1/20US EACH OCCURRENCE S 1,000,000 AGGREGATE s I OOU 000 _ S XXXXXXX UMBRELLA XXXXXXx x DEDUCTIBLE X FORM _ $ xx)LxXXX X I RETENTION S 10,000 A WORKERS COMPENSATONAND 408693455 06/01/2007 06l01120U8 'TATUjs0 X ro EALPLOYERS LIABILITY IE L. EAOH ACC GENT 3 1 „000'000_ E LE L DISEASE -- EA EMPLOYEE _ 5 1 000,0Q0 EL DISEASE- POLICY LIMIT ___i S 1000 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEWCLMIEXCLUSEONS ADDED BY ENDORSMENT/SPECIAL PROVISIONS City of Huntington 13aach, Jul, Agents, Officers and Er*cyees are named as an Additional Insured as their interest may appear as r-spects to General Llabilit) per attached endorsetrent. Huntington Beach Clty of Huntington I3eaeh Attr. Karen Foster Rsk Management 2000 Main Street Huntngton beach CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUnrG INSURER WILLEMI)EAVICR—FO-MAIL -!Q— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, uaRes;E-Na 1W4ON-1Qa-L-IAaiLi Ear-=-AQ614V�OR AUTHORJEEO REPRESENTATIVE ACORD25.6 (7197)°arquesdansngwMingthIsCurtWcata,Con Met the nwneornxad rohe'Produearaaction abav anCaWcirytAacUertcode 'roElm V. —o=ORD CORPORATION 1998 Jan 02 C8 03.08p 5628685726 p,2 Policy Number: 54371!640 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ 17 CAREFULLY BROAD ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM) B) This endorsement modifies insurarce provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE -)ART NAME OF PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER Any person or organization required by wriden contract. to be named as additional insured, and, for whorr, operations are being performed by or on behalf cf the Named insured (if no entry appears aoove, information required to complete this endorsement will be shcwn in the Declarations as applicable to this endorsement] Section III - Who Is An insured is amended m include as an insured the person cr organization shown in the Schedule, but only with respect to liability arising out of "yourwork" for that insured by or for you FM600 0.942(8-92) Certificate ID.- 11i Misc Attachment: M84549 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 26, 2008 Nationwide Environmental Services 11914 Front Street Norwalk, CA 90650 Attn: Mr. Ani Samuelian, Director Re. Street Sweeping Services — MSC-450 Dear Mr. Samuelian: The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. Should you have any questions or concerns regarding the enclosures, please call the Public Works Department at 536-5437. Sincerely, AV I Joan L. Flynn, CIVIC City Clerk JF.pe Enclosures. Copy of Contract including Proposal Copies of insurance/bonds Sister C0801"k h'Ms"AW4g9' AIRk$%, New Zealand ( Telephone: 714-536-5227 )