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HomeMy WebLinkAboutNaut-A-Care Marine Services - 2006-07-03Council/Agency Meeting Held: 2006 M-1 6 Deferred/Continued to: =�i .'t0 Ap roved ❑ Conditionally Approved ❑ Denied Ci Cler s Sig aturE1,!j1 Council Meeting Date: 7/3/2006 Department ID Number: CS 06-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN PE LBRETH-GRA , D , ITY ADMINIST ATOR PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVI SUBJECT: APPROVE HUNTINGTON HARBOUR MAINTENA C SERVICES CONTRACT AND FIRST AMENDMENT TO CITY'S INTENANCE AGREEMENT WITH THE COUNTY OF ORANGE Em:en:toflssue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The firm of Naut-A-Care Marine Services is being recommended as the new contractor to maintain the public waterways within Huntington Harbour. Due to an increase in maintenance costs since the original agreement was approved by the city and the County of Orange in 1985, it is also necessary to approve an amendment to the cost sharing section of the original agreement. Funding Source: General Fund, Beach Maintenance Account, 10045206.69450. Total annual costs are $77,100 of which $37,500 would be reimbursed by the County of Orange. Recommended Actions: Motions to: 1. Approve and authorize the Mayor and City Clerk to execute the maintenance services contract between the City of Huntington Beach and Aqualube, Inc. dba. Naut-A-Care Marine Services for one harbor cleaning/sweep per week in an amount not to exceed $77,100 as follows: $62,500 for Category I services, $12,500 for up to 10 days of emergency maintenance services, and $2,100 for pump -out stations inspections, (Attachment 1 — Exhibit A, Alternative 1); and 2. Approve and authorize the Mayor and City Clerk to execute the First Amendment to Huntington Harbour Waterway Maintenance Agreement between the City of Huntington Beach and the County of Orange specifying the county annual contribution of $37,500. (Attachment 2). Alternative Action(s): 1. Approve and authorize the Mayor and City Clerk to execute the maintenance services contract between the City of Huntington Beach and Aqualube, Inc. dba. Naut-A-Care Marine Services for two harbor cleanings/sweeps per week in an amount not to exceed $101,960, as follows: $87,360 for Category I services, $12,500 for up to 10 days of emergency maintenance services, and $2,100 for pump -out station inspections (Attachment 1 - Exhibit A, Alternative 2); and �S r 7Tx��i -""� 7`-,3 REQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:CS 06-001 2. Approve and authorize the Mayor and City Clerk to execute the First Amendment to Huntington Harbour Waterway Maintenance Agreement between the City of Huntington Beach and the County of Orange specifying the county annual contribution of $37,500. (Attachment 2). NOTE: Orange County agrees to pay 50 percent of one cleaning (not two cleanings) per month plus emergency maintenance; and 3. Authorize an appropriation of $24,840 for the balance of FY05/06 to Beach Maintenance, Other Contract Services, Account 10045206.69450 of which $9,300 will be reimbursed by County of Orange funds; or 4. Do not approve contracts with Aqualube, Inc. dba. Naut-A-Care Marine Services, and/or the County of Orange, and direct staff accordingly. Analysis: Background The existing vendor has been maintaining the Huntington Harbour public waterways since the original operating agreement with the County of Orange approved in 1985 (Attachment 3). In accordance with city purchasing procedures, staff solicited new bids. Bidders were asked to provide estimates in three categories: Category I Services - locating, collecting, and removing all trash, debris, and other waterborne materials from all publicly accessible areas (including channels, finger channels, unoccupied slips, and flood control channel booms) once a week on a regularly scheduled basis along the route shown in Attachment 4; disposing of all trash, debris, and other waterborne materials in accordance with all applicable local, state and federal rules, laws and regulations. Category 11 Services — removal of trash, debris, and other waterborne materials that collect at the Edinger Street flood control channel boom, the Warner Street flood control channel boom and/or other areas following significant storms within 24 hours written notice by the Beach Operations Supervisor. Additional Services - performing an inspection of each marine sewage pump -out station and proposed dump station per possible new state water quality requirements. Selection Process On June 2, 2003, City Council directed that the process for the selection of a maintenance contractor for Huntington Harbour waterways be forwarded to the Huntington Harbour Waterways Committee for further review of the request for proposal (RFP). On June 24, 2003, a subcommittee was formed. Following that time, the RFP was reviewed by the Huntington Harbour Waterways Subcommittee, as well as staff from Community Services, Administrative Services, and the City Attorney's Office. Letters were also sent to all Huntington Harbour Homeowners' Associations. In June 2004, Community Services and Administrative Services staff reconvened with the City Attorney's Office to confirm that all recommended changes were incorporated into the final RFP (Attachment 5). G:\RCA\2006\06-001 Approve HH Waterways Naut-a-Care Contract and County of Orange.doc -2- 6/14/2006 9:16 AM REQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:CS 06-001 On July 9, 2004, the RFP was distributed and posted on the city's web site (Attachment 5). A bidders conference was held on July 15, 2004. Five bids were received by August 5, 2004 from: Sunset Harbor Maintenance, Busco Constructors, Los Cerritos Wetland Stewards, Inc, Naut-A-Care Marine Services, and GM Boston. As recommended by Administrative Services, the proposals would be evaluated based on the following criteria: reasonableness of cost (35%), knowledge and experience with similar projects (30%), plan & approach (15%), references (15%), and responsiveness to proposal (5%). An evaluation team of representatives from Administrative Services, Public Works, and the County of Orange ranked the proposals based on the above criteria and developed a short list of three bidders, including Naut-A-Care Marine Services, G.M. Boston, Los Cerritos Wetland, who were invited to interviews on September 23, 2004. The interview evaluation criteria consisted of the following categories: grasp of the project (15%), approach and work plan (25%), qualifications and experience (30%), communication skills (15%), and quality of presentation (15%). As shown in Attachment 6, Naut-A-Care Marine Services scored significantly higher on the interview evaluation component of the selection process and is, therefore, recommended to City Council for approval. Administrative Services also checked references. A copy of Naut-A-Care's proposal is included as Attachment 7. Naut-A-Care Marine Services has been in business for over 15 years and worked closely with the Cities of Newport Beach and Long Beach in helping to maintain their harbors and marinas. Daniel West, President of Naut-A-Care Marine Services, will be the project manager and key contact. The term of the contract is three years with a renewal option available to the city at its discretion. Level of Services As described earlier, all bidders were asked to submit their proposals based on three categories of service. The annual cost of $77,100 included in the recommended action is based on one harbor cleaning/sweep per week for Category I routine maintenance ($62,500), $12,500 for up to 10 days of emergency Category II maintenance, plus up to seven pump -out inspections at $300/pump-out for a total of $2,100. Should Council desire increased routine Category I waterway maintenance, the alternative recommendation would total $101,960 and be based on two harbor cleanings/sweeps per week for Category I routine maintenance ($87,360), $12,500 for 10 days of emergency Category 11 maintenance, plus seven pump -outs at $2,100. The harbor currently receives one cleaning per week. NOTE: The Huntington Harbour Waterways Committee asked that cleanings take place during outgoing tides. The contractor has indicated that he can schedule the cleanings within the window of time between 7:00 a.m. — 4:00 p.m. to accommodate this request. County Participation As shown in Attachment 2, the County of Orange is agreeing to fund fifty percent (50%) of the waterway Category I and Category II maintenance for only one harbor cleaning/sweep per week. Should City Council approve Alternative 2 (two sweeps), the additional annual G:\RCA\2006\06-001 Approve HH Waterways Naut-a-Care Contract and County of Orange.doc -3- 6/14/2006 9:16 AM REQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:CS 06-001 cost to the city (over and above the 50/50 cost sharing arrangement) would total $26,960 as listed below on an ongoing annual basis. There is an additional cost to the city of $2,100 for performing additional checks of potential future sewage pump stations. A requirement to check pump -outs to insure that they are in operation has been proposed by the Santa Ana Regional Water Quality Control Board; therefore, that provision has been included in the contract. The $2,100 is specifically for this purpose and would not be expended until it becomes a state requirement. Costs by Category and City/County Share * 50/50% split between county and city with the exception of pump -out stations inspections. **County will not pay 50% of additional cost for two sweeps; therefore, city would assume that extra cost if Council chooses Alternative Action 1. Environmental Status: Not applicable. Attachment(s): 1. 1 Naut-A-Care Marine Services Contract 2. First Amendment to HH Waterway Maintenance Agreement 3 Original Sunset Harbor Operational Agreement dated Dec. 1985 4. HH Waterways Map 5. Request for Proposal dated July 9, 2004 6. Final Interview Rankings 7. Naut-A-Care Marine Services Proposal 8. Fiscal Imr)act Statement A7' -, "Lim ��n e s # /� S �;, -7L v- A��= >ed /V/4z c /W/ AJ,5- V1 CZ--S Co. /0) _�* ") �' '::-, - '1'6ee"Ajj G:\RCA\2006\06-001 Approve HH Waterways Naut-a-Care Contract and County of Orange.doc -4- 6/14/2006 9:16 AM ATTACHMENT #1 MAINTENANCE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AQUALUBE, INC. dba NAUT-A-CARE MARINE SERVICES FOR HUNTINGTON HARBOUR MAINTENANCE SERVICES THIS AGREEMENT is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AQUALUBE, INC., dba NAUT-A-CARE MARINE SERVICES, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as maintenance services for the public waterways within Huntington Harbour in the City of Huntington Beach and more specifically described in the Request for Proposal to provide maintenance of public waterways within Huntington Harbour dated July 9, 2004; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: ACCEPTANCE OF CONDITIONS OF WORK; SCOPE OF SERVICES• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. 05agree/naut-a-care harbour/4/12/05 It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. The Scope of Services which CONTRACTOR agrees to perform is set forth in the contract documents attached hereto as Exhibit "A". The Scope of Services may be amended upon mutual written agreement of CONTRACTOR and CITY's Director of Community Services. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bond covering the work herein agreed upon; C. Bid documents including Request for Proposal and/or the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the plans and specifications; D. Any insurance that may be required. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 2. CONTRACTOR'S OBLIGATIONS; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, and facilities necessary to complete the PROJECT in a good and workmanlike manner. F 05agree/naut-a-care harbour/4/12/05 2 CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. COMPENSATION CITY agrees to pay, and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed that amount as set forth in Exhibit A, to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 05agree/naut-a-care harbour/3/29/06 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within twenty (20) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 6. TERM OF AGREEMENT The term of this Agreement shall be three years, unless CITY exercises its option to renew as set forth herein. Unless prohibited by statute or ordinance, in its discretion CITY may renew this Agreement upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. Should the CITY exercise its option to renew this Agreement, then CITY shall give notice of intent to renew to CONTRACTOR not less than thirty (30) days before the expiration of this Agreement in the manner provided in Paragraph 25 herein. If negotiations are still in progress at the end of any one year term previously agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month -to -month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 05agree/naut-a-care harbour/4/12/05 4 7. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 8. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 9 and any damages shall be assessed as set forth in Section 9. 9. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus 05agree/naut-a-care harbour/4/12/05 5 seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 10. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY may terminate this Agreement and complete the work to be accomplished hereunder for the account and at the expense of CONTRACTOR. CONTRACTOR shall be liable for any excess cost to CITY over the original contract price. In the event CITY completes the work, or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 11. CHANGES CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Department of Community Services (the Department). CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order 05agree/naut-a-care harbour/4/12/05 6 of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such increase or decrease in the quantity of work to be performed or furnished is so ordered, the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 12. DIFFERING SITE CONDITIONS A. Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the Department in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The Department shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; B. Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 05agree/naut-a-care harbour/4/12/05 7 13. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. 14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective work. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 15. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its 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 CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT 05agree/naut-a-care harbour/4/12/05 16. INDEMNIFICATION, 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. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. 17. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 05agree/naut-a-care harbour/4/12/05 9 CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 18. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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 $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 $1,000,000. Said policy shall name CITY, its officers, and employees as Additional 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. 05agree/naut-a-care harbour/4/12/05 10 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. 19. 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; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force while working under this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 05agree/naut-a-care harbour/4/12/05 11 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 20. NON -ASSIGNABILITY CONTRACTOR shall not assign the agreement or any interest therein or any portion thereof without prior written approval from the Director of Community Services. The CITY's approval may be conditioned on the proposed assignee or subcontractor agreeing to revisions to the agreement to reflect market conditions of CITY requirements that are then current or other such conditions that the CITY may deem appropriate. Also, no assignee or subcontractor will be approved who is not at least comparable to the original contractor in financial or professional competence to perform the duties. 21. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 05agree/naut-a-care harbour/4/12/05 12 B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 22. BUSINESS LICENSE CONTRACTOR will be required to obtain a business license from CITY. 23. NONDISCRIMINATION CONTRACTOR shall not discriminate in any manner against any person by reason of race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. CONTRACTOR shall comply with the CITY adopted program for equal employment opportunities. 24. CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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 California Government Code sections 1090 et seq. 25. NOTICES All notices required or permitted hereunder shall be in writing and delivered in person or by registered or certified mail to the following authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 05agree/naut-a-care harbour/4/12/05 13 FOR CITY FOR CONTRACTOR Director of Community Services Daniel J. West, President City of Huntington Beach Aqualube, Inc. dba 2000 Main Street Naut-A-Care Marine Services Huntington Beach, CA 92648 1665 Placentia Avenue, Suite A Costa Mesa, CA 92627 -1/3�� 26. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the Department its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 27. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 28. BOND CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish a bond approved by the City Attorney in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 29. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 05agree/naut-a-care harbour/4/12/05 14 30. IMMIGRATION CONTRACTOR 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 U.S.C. Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR 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. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 05agree/naut-a-care harbour/4/12/05 15 33. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �LCL1/ 0.3 _ Abob AQUALUBE, INC., dba NAUT-A-CARE MARINE SERVICES By: L, D iel West, Chairman CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor AND , R 17 By. f'� �` t 7.. ,__ _�,, Harry est, Secretary ity Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED: /1" . - Lik "-- ty Administrator City Attorney INITIATED AND APPROVEAtlb D' ec r of Community Se ices 05agree/naut-a-care harbour/4/12/05 16 EXHIBIT "A" - Alternative 1 One Harbor Cleaning/Sweep per Week A. STATEMENT OF WORK: (Narrative of work to be performed) Category I Services • Naut-A-Care Marine Services shall travel the route prescribed in Attachment 1, locate, collect, and remove from all publicly accessible areas (including channels, finger channels, unoccupied slips, and flood control channel booms) all trash, debris, and other waterborne materials such as, but not limited to cups, papers, leaves, shrubs, tree limbs, tree trunks, cans, plastic bottles, moss, seaweed, wood, dead fish and animals, containers, and other articles of trash and debris. • Naut-A-Care Marine Services shall be responsible for disposal of all trash, debris, and other waterborne materials. Disposal shall be in accordance with all applicable local, state and federal rules, laws and regulations. City to approve cleaning schedule. Category I Services will be one full sweep (cleaning) of entire harbor per week, under normal operating conditions. Naut-A-Care will inform City's Beach Operations Supervisor which day(s) each week are to be worked. All debris will be delivered to the appropriate dumpsters and all equipment secured prior to the end of each day. Category II Services (as needed basis) • Weather events are known to generate substantial debris in the various flood control channels leading to Huntington Harbor. Category II services are those required to remove trash, debris, and other waterborne materials that collect at the Edinger Street flood control channel boom, the Warner Street flood control channel boom and/or other areas designated by the Beach Operations Supervisor following such weather events. • The City's Beach Operations Supervisor shall issue to Naut-A-Care Marine Services, in writing, work requests directing all Category II Services. Based on such written work requests by the Beach Operations Supervisor, contractor shall perform all Category II Services within 24 hours of notifications by the Beach Operations Supervisor. Additional Services (Pump Out Inspections) Upon written request by the City's Beach Operations Supervisor, Naut-A-Care Marine Services shall perform a functional check of each marine sewage pump out station/dump station indicated and listed herein on Attachment 1. Contractor shall complete a functional performance check hereto as prescribed in Attachment 2. A functional performance report on designated pump/dump stations herein on Attachment 3. Report must be turned in monthly. B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES: 1. As part of the Services, Naut-A-Care Marine Services shall prepare and submit to the City the following: jmp/contracts group/exV3/23/06 EXHIBIT "A" — Alternative 1 One Harbor Cleaning/Sweep per Week • A Trash, Debris and Other Waterborne Material Characterization Report attached hereto as Attachment 4 each time contractor travels the route prescribed in Attachment 1. This report shall be submitted to the Beach Operations Supervisor monthly no later than five business days following the end of each month's services. 2. Naut-A-Care Marine Services shall perform, but is not limited to, the following duties: • While performing the duties within the scope of work, it is extremely important for contractor to extend good customer service, be personable, and educate residents, other contractors, and the general public on what cannot be washed into the Harbor. In addition as prescribed in the City of Huntington Beach, Beach Operations, Customer Service Standards Attachment 6. • Work closely with the City's Beach Operations Supervisor in order to attain, within the Scope of Services, the highest level of service possible to the public. • Naut-A-Care Marine Services, at his own expense, will provide his own vessel, licensing, vessel maintenance, fuel, all materials, and tools. Naut-A-Care Marine Services will be provided dock space for one vessel not to exceed 25 feet in overall length. Dock space can only be used for contractor's workboat and only while performing services of this contract. • 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 done. • Naut-A-Care Marine Services shall attend quarterly community meetings scheduled by the City. Contractor shall prepare and present a summary report of contractor's activities, problems and other concerns for the preceding quarter. • Naut-A-Care Marine Services will carry a cell phone for immediate contact in the event of a complaint. Cost of cell service will be contractor's responsibility. • If requested by the City, Naut-A-Care Marine Services shall provide written educational information at its cost. Contractor may not distribute fliers, newspapers, or other material advertising other private services while performing the duties of this contract. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Naut-A-Care Marine Services is advised that, to assure quality compliance City and County staff will perform audits jointly. Staff report form on Attachment 5. jmp/contracts group/exA/3/23/06 EXHIBIT "A" -- Alternative 1 One Harbor Cleaning/Sweep per Week 2. Pay Naut-A-Care a fixed fee of $62,500 on an annual basis for Category I Services. For Category II Services, pay Naut-A-Care $125 hourly rate with a minimum of five hours per day. This hourly rate includes two employees, plus the cost associated with additional trash pick-up, fuel, etc. The maximum cost for Category II is $12,500. Category II services only provided at the time City requests such services. City shall pay for inspections of up to seven pumpouts/dump stations as Additional Services, when said services have been requested in writing by city. City shall pay $300 annually per pumpout/dump station for this service. D. WORK PROGRAM/PROJECT SCHEDULE: Complete one full sweep (cleaning) of the harbor each week. Respond to written request from the City's Beach Operations Supervisor pertaining to any Category II Services and/or Additional Services. Attend all prescribed meetings to present a summary report of activities, problems and other concerns. Attachment 1: Harbor map indicating maintenance route; pump/dump locations, proposed and existing; locations of bagged trash Attachment 2: Instruction sheet on how to test pump/dump stations. Attachment 3: Functional reporting sheet on pump/dump station. Attachment 4: Monthly debris and hours report, to be turned into Beach Operations Supervisor. Attachment 5: Harbor inspection sheet to be filled out by City/County during their inspection. Attachment 6: Customer service standard that contractor must follow. jmp/contracts group/exN3/23/06 Huntington Harbor Wharfsgc cil , Huntington Bmc.h ATTACHMENT 1 I W- Attachment 2 Marine sewage pump/dump station instruction sheet Contractor duties Pump station: 1. Have on vessel a five -gallon bucket 2. First check for physical damage. 3. At each designated site, fill bucket with water. Add dye tablet to water, making sure dye and water mix. 4. Turn on pump and insert suction hose into water filled bucket. Open valve, and check time it takes to remove all water in bucket. Note: water should be removed from bucket at an even flow. Each pump may vary in time it takes to remove water. 5. Check all sewer lines to the bulkhead, making sure that there is no dye in the water. 6. If pump is malfunctioning or if a leak is detected, notify the person who is listed as responsible for that pump. Have them post an out of order sign. 7. Notify Beach Operations Supervisor of the broken pump. S. Log all information on attachment 3. Dump station: 1. Fill bucket with 5 gallons of water, pour water into dump station. 2. Turn station on, all water should flush at an even flow. This process could take 20 to 30 seconds. 3. If dump station is malfunctioning, follow steps 6 -S in above pump instructions. AT'C"AC'HMIENT 3 REPORT OF FUNCTIONAL PERFORMANCE DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING CORDER? PERSON NOTIFIED & SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT'SUCKET. LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED 8 SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE; ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? BATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME To SUCK OUT BUCKET: LEAK LOCATION: PUMP IN 0000 WORKIN CIRRI R? PERSON 140TIFIED SIGAI POSTED? BATE: TIME. PUMP LOCATION: PHYSICAL: DAMAGE: ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GCOU WORKING ORDER? PERSON NOTIFIED a SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATE) TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING<ORDER? PERSON NOTIFIED S SIGN POSTED? ATTACHMENT 4 MONTHLY REPORT MONTH: TOTAL # OF HOURS: NUMBER OF EMPLOYEES INVOLVED: NUMBER OF COMPLAINTS INVESTIGATED: QUANTITY OF DEBRIS: TYPES OF DEBRIS & PERCENTAGE: WOOD AND WEEDS: PAPER & CANS: ANIMALS: LOCATIONS: MISCELLANEOUS INFORMATION - SUBMITTED BY: Attachment 5 City of Huntington Beach HARBOR INSPECTION SHEET Name: Date: Time: Grading: 1- 5 9 = Acceptable 5 = Non Acceptable BARS Collection Corners Non Non Acceptable Acceptable Acceptable Acceptable Coral Cay: Admiralty Island: Peter's Landing: Port 0 Fino: Sea Gate: Trinidad island: Humboldt island: Christiana Bay: Davenport Island: Weatherly Bay: Main Channel: Misc. Areas: Attachment 6 City of Huntington Beach Beach Operations Customer Service Standards The purpose of Customer Service Standards is to 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, Beach Operations, 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. To comply with all federal, state, county, and city laws and regulations. 4. To use adequate equipment which is kept as clean and neat as possible and to train other contractor employees to be polite and courteous during public contact. 5. To employ truth and accuracy in advertising and soliciting and to honor any commitments made in the course of business. EXHIBIT "A" — Alternative 2 Two Harbor Cleanings (Sweeps) over Four Half Days @ Outgoing Tide 2 sweeps 4 half days A. STATEMENT OF WORK: (Narrative of work to be performed) Category I Services • Naut-A-Care Marine Services shall travel the route prescribed in Attachment 1, locate, collect, and remove from all publicly accessible areas (including channels, finger channels, unoccupied slips, and flood control channel booms) all trash, debris, and other waterborne materials such as, but not limited to cups, papers, leaves, shrubs, tree limbs, tree trunks, cans, plastic bottles, moss, seaweed, wood, dead fish and animals, containers, and other articles of trash and debris. • Naut-A-Care Marine Services shall be responsible for disposal of all trash, debris, and other waterborne materials. Disposal shall be in accordance with all applicable local, state and federal rules, laws and regulations. City to approve cleaning schedule. Category I Services will be two full sweeps (cleanings) of entire harbor over minimum of four half days per week, under normal operating conditions. Work to be performed between 7:00 a.m. and 4:00 p.m. at the times of day when there is an outgoing tide. This schedule will not start before dawn and end no later than dusk. Naut-A-Care will inform City's Beach Operations Supervisor which day(s) each week are to be worked. All debris will be delivered to the appropriate dumpsters and all equipment secured prior to the end of each day. Category II Services (as needed basis) • Weather events are known to generate substantial debris in the various flood control channels leading to Huntington Harbor. Category II services are those required to remove trash, debris, and other waterborne materials that collect at the Edinger Street flood control channel boom, the Warner Street flood control channel boom and/or other areas designated by the Beach Operations Supervisor following such weather events. • The City's Beach Operations Supervisor shall issue to Naut-A-Care Marine Services, in writing, work requests directing all Category II Services. Based on such written work requests by the Beach Operations Supervisor, contractor shall perform all Category II Services within 24 hours of notifications by the Beach Operations Supervisor. Additional Services (Pump Out Inspections) Upon written request by the City's Beach Operations Supervisor, Naut-A-Care Marine Services shall perform a functional check of each marine sewage pump out station/dump station indicated and listed herein on Attachment 1. Contractor shall complete a functional performance check hereto as prescribed in Attachment 2. A functional performance report on designated pump/dump stations herein on Attachment 3. Report must be turned in monthly. jmp/contracts group/exA/6/1/06 EXHIBIT "A" - Alternative 2 Two Harbor Cleanings (Sweeps) over Four Half Days @ Outgoing Tide B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES: 1. As part of the Services, Naut-A-Care Marine Services shall prepare and submit to the City the following: • A Trash, Debris and Other Waterborne Material Characterization Report attached hereto as Attachment 4 each time contractor travels the route prescribed in Attachment 1. This report shall be submitted to the Beach Operations Supervisor monthly no later than five business days following the end of each month's services. NOTE: Work to be performed at the time of day when there is an outgoing tide. This schedule will start no earlier than dawn and end no later than dusk. 2. Naut-A-Care Marine Services shall perform, but is not limited to, the following duties: • While performing the duties within the scope of work, it is extremely important for contractor to extend good customer service, be personable, and educate residents, other contractors, and the general public on what cannot be washed into the Harbor. In addition as prescribed in the City of Huntington Beach, Beach Operations, Customer Service Standards Attachment 6. • Work closely with the City's Beach Operations Supervisor in order to attain, within the Scope of Services, the highest level of service possible to the public. • Naut-A-Care Marine Services, at his own expense, will provide his own vessel, licensing, vessel maintenance, fuel, all materials, and tools. Naut-A-Care Marine Services will be provided dock space for one vessel not to exceed 25 feet in overall length. Dock space can only be used for contractor's workboat and only while performing services of this contract. • 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 done. • Naut-A-Care Marine Services shall attend quarterly community meetings scheduled by the City. Contractor shall prepare and present a summary report of contractor's activities, problems and other concerns for the preceding quarter. • Naut-A-Care Marine Services will carry a cell phone for immediate contact in the event of a complaint. Cost of cell service will be contractor's responsibility. • If requested by the City, Naut-A-Care Marine Services shall provide written educational information at its cost. Contractor may not jmp/contracts group/exA/6/l/06 EXHIBIT "A" — Alternative 2 Two Harbor Cleanings (Sweeps) over Four Half Days @ Outgoing Tide distribute fliers, newspapers, or other material advertising other private services while performing the duties of this contract. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Naut-A-Care Marine Services is advised that, to assure quality compliance City and County staff will perform audits jointly. Staff report form on Attachment 5. 2. Pay Naut-A-Care a fixed fee of $87,360 on an annual basis for Category I Services. For Category II Services, pay Naut-A-Care $125 hourly rate with a minimum of five hours per day. This hourly rate includes two employees, plus the cost associated with additional trash pick-up, fuel, etc. The maximum cost for Category II is $12,500. Category II services only provided at the time city requests such services. City shall pay for inspections of up to seven pumpouts/dump stations as Additional Services, when said services have been requested in writing by city. City shall pay $300 annually per pumpout/dump station for this service. D. WORK PROGRAM/PROJECT SCHEDULE: Complete two full sweeps (cleanings) of the harbor over a minimum of four half workdays each week. Respond to written request from the City's Beach Operations Supervisor pertaining to any Category II Services and/or Additional Services. Attend all prescribed meetings to present a summary report of activities, problems and other concerns. NOTE: Category I work to be performed between 7:00 a.m. nd 4:00 p.m. at the time of day when there is an outgoing tide. Attachment 1: Harbor map indicating maintenance route; pump/dump locations, proposed and existing; locations of bagged trash. Attachment 2: Instruction sheet on how to test pump/dump stations. Attachment 3: Functional reporting sheet on pump/dump station. Attachment 4: Monthly debris and hours report, to be turned into Beach Operations Supervisor. Attachment 5: Harbor inspection sheet to be filled out by City/County during their inspection. Attachment 6: Customer service standard that contractor must follow. jmp/contracts group/exA/6/1/06 fiage ATTACHMENT 1 Hiuntington Harbor Nkliar--7 T �l IK lift, 1*14 57 41- 696 q�z :%V,h tV-W + + lk. Attachment 2 Marine sewage pump/dump station instruction sheet Contractor duties Pump station: 1. Have on vessel a five -gallon bucket 2. First check for physical damage. 3. At each designated site, fill bucket with water. Add dye tablet to water, making sure dye and water mix. 4. Turn on pump and insert suction hose into water filled bucket. Open valve, and check time it takes to remove all water in bucket. Note: water should be removed from bucket at an even flow. Each pump may vary in time it takes to remove water. 5. Check all sewer lines to the bulkhead, making sure that there is no dye in the water. 6. If pump is malfunctioning or if a Ieak is detected, notify the person who is listed as responsible for that pump. Have them post an out of order sign. 7. Notify Beach Operations Supervisor of the broken pump. 8. Log all information on attachment 3. Dump station: 1. Fill bucket with 5 gallons of water, pour water into dump station. 2. Turn station on, all water should flush at an even flow. This process could take 20 to 30 seconds. 3. If dump station is malfunctioning, follow steps 6 -8 in above pump instructions. ATTAC IMI-ENT 3 REPORT OF FUNCTIONAL PERFORMANCE DATE: TIME: PUMP LOCATION PHYSICAL DAMAGE: ESt1MATE1 TIME. TO SUCK OUT BUCKET: LEAK LOCATION, PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? - DATE: TIME: POMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT BUCK: LEAK LOCATION: PUMP IN Goof) WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYWCAL DAMAGE; ESTIINATED T1ME TO SUCK OUT BUCKET: LEAK LOCATION: , PUMP IN do—o WORKINOORDER? PERSON NOTIFIED &' SIGNPOSTED? DATE: TIME, PUMP LOCATION: PHYSICAL DAMAGE: ESTIMA TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING�ORDER? PERSON NOTIFIED & SIGN'POSTED? ATTACHMENT 4 MONTHLY REPORT MONTH: TOTAL # OF HOURS: NUMBER OF EMPLOYEES INVOLVED: Y NUMBER OF COMPLAINTS INVESTIGATED: QUANTITY OF DEBRIS: TYPES OF DEBRIS & PERCENTAGE: WOOD AND WEEDS: PAPER & CANS: ANIMALS: LOCATIONS: MISCELLANEOUS INFORMATION, SUBMITTED BY: l 7- Attachment 5 City of Huntington Beach HARBOR INSPECTION SHEET Name: Date: Grading: 1— 5 1 = Acceptable Time: 5 = Non Acceptable slips Collection Corners Non Non Acceptable Acceptable Acceptable Acceptable Coral Cay: Admiralty Island: Peter's Landing: Port O Fino: Sea Gate: Trinidad island: Humboldt Island: Christiana Bay: Davenport Island: Weatherly Bay: Main Channel: Misc. Areas: Attachment 6 City of Huntington Beach Beach Operations Customer Service Standards The purpose of Customer Service Standards is to 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, Beach. Operations, 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. To comply with all federal, state, county, and city laws and regulations. 4. To use adequate equipment which is kept as clean and neat as possible and to train other contractor employees to be polite and courteous during public contact. 5. To employ truth and accuracy in advertising and soliciting and to honor any commitments made in the course of business. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 11, 2006 Daniel J. West Naut-A-Care Marine Services 1665-A Placentia Avenue Costa Mesa, CA 92627-4311 Dear Mr. West: CALIFORNIA 92648 Enclosed for your records is a copy of the Maintenance Service Contract between the City of Huntington Beach and Aqualube, Inc. dba Naut-A- Care Marine Services for Huntington Harbour Maintenance Services. Sincerely, Joan L. Flyn City Clerk JF:pe Enclosure: Agreement G:followup:agrmtltr (Telephone: 714-536-5227 ) 7/3 Su i INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Jim B. Engle 2. Date: June 2, 2006 3. Name of contractor/permittee: Aqua Lube, Inc, dba: Harbor Clean Environmental 4. Description of work to be performed: Huntington Harbor Maintenance 5. Value and length of contract: $77,100: Three (3) year contract with option of renewal 6. Waiver/modification request: Cancellation clause wording/workers' compensation policy 7. Reason for request and why it should be granted: Unable to comply with the city's cancellation clause wording insurance requirement 8. Identify the risks to the City in approving this waiver/modification: None r nt Head 6 _2= , o. Date: 1. Risk Management / Approved ❑ Denied At g ture 0-1� 'Date 2. . City Attorney's Office roved ❑ Deniet ignature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date nnmimPnEl 61919no s 1.5R PM From: 2095503796 To: Christi MEndoza Page: 2/2 Date: 6/5/2006 8:16:23 AM ACORD CERTIFICATE OF LIABILITY INSURANCE J;akt i °� `"� ""' 06 05 Q6 PRODUCER W 6(N..At " Giddings, Corby, Hynes, Inc. �" w��- �p DO Box 3231 �Q`I S�(,MIK" Modesto CAN 95354 Phone: 209-526-3110 rax:209-550-3796 THIS: CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MURER8 AFFORDING COVERAGE NAIC # INSURED Dqua Lube SA Har lC rlean Environmental Services P O Box 1021 Newport Beach CA 92659 INSURER A: Essex Insurance Co. 39020 INSURER o INSURER D: I+ISURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRIOD INDICATED. NOTWTFHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TENS, EXCLUSIONS AND CONDITION OF SUCH POLICIES: AGGREGATE LNDTS SHOWN MAY HAVE BEEN REDUCED BY PAIN CLAW. III I.TR TYPE OF INSURANCE PO -ICY NUMBERDATE -EXPIRATION POLICY DATE L TS GENERAL UAGRAY EACH OCCURRENCE €S1000000 PRENISEs Ea%: noel i 3 50000 A X COMMERCIAL GENERAL LIABILITY 9CC1458 12/19/05 12/19/06 CLA04S MADE I :; E OCCUR MEO EXPOM one Peat) i S excluded PERSONAL &ADVINJURY S 1000000 X 2lDLi,/PSI GENERAL AGGREGATE s 2000000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG ? $ 1000000 PalcY ,PRE LOC - -- AUTOMOBfLE LIABWY ANY AUTO COMBINED SINGLE LAW (Ea e=d"A) ` $ BODILY INJURY (f-P—) $ ALLOWNED AUTOS SCHEDUREDAUTOS SLY INJUIUY (P- ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE H v-�Wm GARAGE LIABILITY"` <,, AUTO ONLY - EA ACCIDENT i S OTHER THAN EAACC $ AUTO ONLY: AGG g ANY AUTO EXCES$IUNBRELLALIA LITY EACH OCCURRENCE $ OCCUR CLAIASMADE AGGREGATE $ = $ DEDUCTIBLE i 8 RETENTION S WORKERS COMPENSATION AND TORYLItMTS ER i EMPLOYEW LIAWLITY ANY PROPRIETORPARTNERIEXECUTfVE OFFeF]ICERANEMBER EXCLUDED? EL EACH ACCIDENT ; $ E.L DISEASE - EA EMPLOYEE. $ describe under SPEC64I. PROVISIONS below E.L DISEASE - POL" LIMIT = S OTHER A Property Section 9CC1458 12/19/05, 12/19/06 Property 50000 Deductibl 1000 DESCRIPnON OF OPERATIONS LOCATIONS I VEHICLIESI MCLUSXONS ADDED BY ENDOt$EINENT I SPECIAL. PROVISIONS City of Huntington Beach, its agents, officers, and employees, are named as Additional Insured with respects to liability arising out of oepzations of the named insured, endorsement to fallow from the company. Cancellation Clasues Except 10 days notice for nonpayment of premium. %.cm I IrP,.%I a nvL.ucn CITYOHB SHOULD ANY OF THE ADM DESCRIBED POLKUES BE CANCELLED BEFOW THE EXPINATKON DATE THEREOF, THE ISSUING mawR vaLL Em AvoR Team 30 BAYS WRBTTEN NOTICE TO THE CERTIFICATE HOLD NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Huntington Beach ]IMPOSE NO OBLIGATION OR LIABU Y OF ANY KIND UPON THE I SURER, ITS AGENTS OR 2000 Main Street REPRESENTATNVES AUTH.Qj�ZEDF"WSENTATIrE Huntington Beach CA 92648 ACORD 25 (2001108) From: 2095503796 To: Christi Mendoza Page: 212 Date: 6/5/2006 2:29:35 PM III ESSEX INSURANCE COMPANYMAIM ADDITIONAL INSURED ENDORSEMENT #2 THIS ENDORSEMENT CHANGES THE POLICY. ' Coffy Wr onrf if srhofm it, rM CONW,04 Poke, Oecramfions lino entry is ahq—• •ne eNocnvc lam of fN, the sar ISthe eAedivo eats or •ATTACMFO TO AND FMWMn -EFFECTIVE DATE 'Issurn To PART OF POLICY NO. OF ENDORSEMENT 9CC1459 0930" DSA Harbor Clean Environmental Services --- Aqua Luba, Inc. _`_ THIS ENDORSEMENT CHANGES ALL LIABILITY COVERAGES (INCLUDING BUT NOT LIMMEb TO: GENERAL LIABILITY, PROTECTION AND INDEMNITY, MARINA OPERATORS LEGAL, COLLISION DAMAGE) AS PROVIDED BY THIS POLICY: LIABILITY COVERAGES ARE AMENDCO TO INCLUDE: Person or Entity: City of Huntirtgtort Beach. its apMs, officers and employees 2000 Main Street Huntington Beach. CA 92"8 as an additional insured under this policy, but only as respects negligent acts or omissions of the Named Insured and only for occurrences, claims or coverages not otherwise excluded in the policy. It is further agreed that where no coverage shall apply herein for the Named Insured, no coverage nor defense shall be afforded to the identified additional insured. Moreover, it is agreed that no coverage shall be afforded the identified additional insured for any bodily injury, personal injury, or property damage, to any employee of the Named Insured or to any obligation of the additional insured to indemnity another because of damages arising out of such injury. ADDITIONAL PREMIUM THIS ENDORSEMENT $100.00 {fully Earned) AUTHORIZED REPRESENTATIVE DATE: OM-0% ("Q) From: 2095503796 Tq: Christi Mendoza Page: 1/2 Date: 6/5/2006 2:29:34 PM CAPAX - Giddings, Corby, Hynes P.O. Box 3231 Modesto, CA 95353 Phone: (209) 526-3110 Fax: (209) 550-3796 FAX TRANSMISSION To: City of Huntington Beach Fax Number: 17145365212 Attention: Christi Mendoza From: Nancy Amador Direct Dial: (209) 550-2033 E-Mail: NAmadora capax.com Subject: Amended Additional Insured endorsement This fax was sect by GR FAXmaker for Exchange Message: Disclaimer: This message and information contained in or attached to this message may be privileged, confidential, and Protected from disclosure and is intended only for the person or entity to which it is addressed. If you are not the intended recipient any retransmission, dissemination, copying, printing or other use of, disclosure or taking of any action in reliance upon this information is strictly prohibited. If you received this message in error, please immediately inform the sender and delete the message and any attachments. FROM : NAUT-A-CARE FAX NO. : 949 631-2502 May. 25 2006 10:48AM P2 ,SCITY OF ]HUNTINGTON BEACIA i T 2000 Main Street, Huntington Beach, CA 92648 I: Him" t w Declaration of Non -Employer Status In order to comply with the City Council Resolution No. 6277. you are required to provide proof of Workers' Compensation insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued. I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. AN Icl- :. \Ak rJ 1ZC/�► ,t N J! Applicant/Company Name: . b , Appl cant's Signature: Title Loca ion Signed: Tele hone Number: ,!�_.S' /r)C'-1V ursrinl6ir� t3�Ct� QFrfC�; ATTACHMENT . I • • • ATTACHMENT #5 MAL 'ROVIDE MAINTENANCE OF PUBLIC WATERWAYS WITHIN HUNTINGTON HARBOR July 9, 2004 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified contractors who are interested in being considered for the maintenance of public waterways within Huntington Harbor. SCHEDULE OF EVENTS Schedule of Events from Issuance of RFP to Award of Contract 7/9/04 City issues RFP 7/15/04 Bidders Conference 8/5/04 Proposals are due 8/20/04 Proposal Evaluation Completed and Interviews (if necessary) 8/30/04 Approval of Contract by Council 8/31/04 Notice to Proceed I. II PROJECT OBJECTIVES The City of Huntington Beach ("City") seeks to contract for certain maintenance services, collection, removal, and disposal of refuse and debris from all public waterways within the city limits of Huntington Harbor. The City's objective is to keep publicly accessible areas of Huntington Harbor free of floating trash, debris, and other water - born materials. Qualified bidders with direct or related experience are invited to prepare proposals in accordance with the instructions contained herein. This Request for Proposal ("RFP") contains the scope of desired services, qualifications for bidders, and instructions necessary to submit proposals for consideration by the City. SCOPE OF WORK The scope of services includes two major categories. Category I includes those services to be performed on a scheduled basis. Category II includes those services to be performed on an as -required basis. Taken together, Category I and Category II services (Services") will require the selected contractor to maintain all publicly accessible waterways within Huntington Harbor as follows: A. Categry I Services. Category I Services shall be performed once a week on a regularly scheduled basis: • Contractor shall travel the route prescribed in Exhibit A, locate, collect, and remove from all publicly accessible areas (including channels, finger channels, unoccupied slips, and flood control channel booms) all trash, debris, and other waterborne materials such as, but not limited to cups, papers, leaves, shrubs, tree limbs, tree trunks, cans, plastic bottles, moss, seaweed, wood, 2 dead fish and animals, containers, and other articles of trash and debris. In no event shall contractor board or otherwise gain access to private docks. Where indicated on Exhibit A as inaccessible by boat, contractor shall collect trash, debris and other waterborne materials that have been bagged by others and set at the end of docks.. Contractor shall be responsible for disposal of all trash, debris, and other waterborne materials. Disposal shall be in accordance with all applicable local, state and federal rules, laws and regulations. All costs arising from disposal of trash, debris, and other waterborne materials collected from the Harbor shall be to contractor's account. • Contractor shall perform a functional check of each marine sewage pumpout station and proposed dump station indicated and listed herein on Exhibit A. Such functional check shall be performed in accordance with Exhibit B. For each functional performance check contractor shall complete a functional performance check report attached hereto as Exhibit C. B. Category II Services. Contractor shall perform certain Services on an as -required basis as further described below: Weather events are known to generate substantial debris in the various flood control channels leading to Huntington Harbor. Category II Services are those required to remove trash, debris, and other waterborne materials that collect at the Edinger Street flood control channel boom, the Warner Street flood control channel boom and/or other areas designated by the Beach Operations Supervisor following such weather events. The City's Beach Operations Supervisor shall issue to contractor, in writing, work requests directing all Category II Services. Based on such written work requests by the Beach Operations Supervisor, contractor shall perform all Category II Services within 24 hours of notification by the Beach Operations Supervisor. ' C. Reporting Requirements. The City and other public agencies require certain data arising from contractor's services. As part of the Services, contractor shall prepare and submit to the City the following: ' • A Trash, Debris and Other Waterborne Material Characterization Report attached hereto as Exhibit D each time contractor travels the route prescribed in Exhibit A. This report shall be submitted to the Beach Operations ' Supervisor monthly no later than five business days following the end of each month's services. ' • Functional Performance Check Reports for each performance check conducted as prescribed in Exhibit C. Reports shall be submitted monthly. 1 3 0 ' D. Other Duties Required. The contractor shall perform, but is not limited to the q. P , following duties: • While performing the duties within the scope of work, it is extremely P g P Y important for contractor to extend good customer service, be personable, and ' educate residents, other contractors, and the general public on what cannot be washed into the Harbor. In addition as prescribed in the City of Huntington Beach, Beach Operations, Customer Service Standards Exhibit H. ' • Contractor shall work closely with the City's Beach Operations Supervisor in order to attain, within the Scope of Services, the highest level of service ' possible to the public. • Contractor, at his own expense, will provide his own vessel, licensing, vessel ' maintenance, fuel, all materials, and tools. Contractor will be provided dock space for one vessel not to exceed 25 feet in overall length. Dock space can only be used for contractor's workboat and only while performing services in ' this agreement. • 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 done. Copies of the latest general wage rate determinations are on file at the ' office of the City Clerk of the City of Huntington Beach, California or can be viewed at the website at www.dir.ca.gov/dlsr/pwd. Contractor shall be subject to and comply with all provisions of the California State Labor Code. ' Contractor shall attend quarterly the Huntington Harbor Waterways Committee meetings scheduled by the City. Contractor shall prepare and present a summary report of contractor's activities, problems and other concerns for the preceding quarter. ' • Contractor will carry a cell phone for immediate contact in the event of a complaint. Cost of cell service will be contractor's responsibility. ' Contractor is advised that City and County staff to assure quality compliance as prescribed in Exhibit G will perform audits jointly. III. TYPE OF PROPOSAL SOUGHT ' The city is seeking proposals for a service agreement for the year-round maintenance of Huntington Harbor for a period of three (3) years. The contract will include provisions for additional three (3) year extensions based on the sole discretion of the City of ' Huntington Beach. Contractor must have three (3) years of related maintenance experience with a city, other government agency or comparable private sector r organization. Contractor must supply reference letters from previous employers with ' contact person(s) name and telephone numbers. IV. PROPOSAL Your proposal must include, as a minimum, the information specified below. Failure to include this information will seriously detract from a proposal and may be cause for its rejection. The inclusion of any additional information that will assist in the evaluation is ' encouraged. A. Summary of Experience. Whether an individual or principal in a firm, contractor ' must submit sufficient information to obtain credit ratings information, i.e., complete name, business address, banking references, etc. Give brief description of past public projects and relevant expertise. ' B. Financial Statements. Submit current financial statements listing all assets and liabilities of the contractor, initial available operating capital and its source; the ' amount of any borrowed capital proposed for the operation and its source and terms of repayment. Other financial data may be required as determined by the City. C. Definitive Statement of Proposed Concept of Operations. A detailed statement by the contractor of the type of operations and services to be performed. ' D. Number of Copies. Contractor is requested to submit five (5) complete copies of proposal. All materials submitted by contractor become the property of the City of Huntington Beach and may not be returned. V. SELECTION PROCESS The selection process includes staff screening of the proposals to evaluate the contractor's capability to do the work. City staff, at its discretion, may also conduct follow-up interviews with former clients to ascertain service satisfaction, and may ' require personal interviews with the contractor. ' A. Interviews. If warranted, contractors may be selected for interview. The interview shall consist of a presentation by consultants and will allow consultants an opportunity to demonstrate his understanding of the city's needs toward meeting its objectives. Any form of presentation may be used; however, the most effective presentation will demonstrate the experience and ability of key personnel. The interview will begin with the contractor's presentation and will be followed by questions from staff. B Recommendation to City Council. Staff will evaluate all eligible proposals and make the final recommendation for selection to the City Council based upon the following criteria using a point value system (100 points) based on the weighting indicated below: 1) Reasonable cost to the City of Huntington Beach (35 points) 2) Knowledge of and experience with similar projects (30 points) 3) Appropriateness and acceptability of plan and approach (15 points) 4) References (15 points) 5) Responsiveness to proposal (5 points) ' VI. PROPOSAL FORMAT AND CONTENT ' Proposal should be typed and as brief as possible. Each bidder should adhere to the following order and content of proposal sections. Proposal MUST BE submitted in a sealed envelope/box clearly marked, "Maintenance of Public Waterways within Huntington Harbor". aA. Cover Letter. A cover letter, not to exceed three g pages in length, should summarize key elements of the bidder's proposal. An individual authorized to bind the bidder ' must sign the letter. The letter must stipulate that the proposed price and terms will be valid for a period of at least ninety (90) days. Indicate the address and telephone number of the bidder's office located nearest to Huntington Beach, California, and the office from which the project will be managed. B. Background and Approach. The Background and Approach section should describe ' your understanding of the City, the work to be done, and the objectives to be accomplished in the services to be provided. ' C. Methodology (ies . This section should clearly describe the methodology or methodologies you plan to use to carry out the specific work tasks described in your Work Plan. D. Work Plan. Describe the sequential work tasks you plan to carry out in accomplishing this project. Indicate all key deliverables and their contents. Identify how much of the work will be done on site. E. Organization and Staffing_ Describe your approach and methods for managing the ' project. Provide an organization chart showing all proposed project team members. Describe the responsibilities of each person on the project team. Identify the project director and/or manager and the person who will be the key contact with the City of ' Huntington Beach. Include resumes for each member of the project team. F. Related Experience. Describe recent directly related experience. Include on each ' listing the name of the client; description of work done; primary client contact, address, and telephone number; dates for the project; name of the project director and/or manager and members of the proposed project team who worked on the project, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address, and telephone number. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. G. Cost Data. The City will evaluate commercial offerings based on contractor performing Category I Services once each week. However, the City reserves the right to require contractor to perform Category I Services more often. Proposals shall include quotes for each item listed below: ' Category I Services • The City seeks a firm, fixed price quote for Category I Services based on contractor performing such services once each week. ' • The City seeks a firm fixed price quote for each additional performance of Category I Services up to five (5) times per week • The City seeks a firm price adder (if any) for the addition to Category I Services ' of each future vessel pumpout and/or each future dump station during the life of the services agreement. ' Category II Services • The City seeks firm hourly rates (per hour) for Category II Services. Such rates shall include all labor, equipment, fuel and expenses or other costs of any nature ' for performance of Category II Services. H. Statement of Compliance, Bidders must submit a statement of compliance with all ' parts of the Request for Proposal and Draft Agreement terms and conditions or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance will be in the form of -Y or "2" below: 1) This proposal is in strict compliance with the Request for Proposal and Draft Agreement, and no exceptions to either are proposed. 2) This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. For each exception and/or suggested change, the bidder must include: • The suggested change in the RFP or rewording of the contractual obligations. • Reasons for submitting the proposed exception or change. • Any impact the change or exception may have on project cost, scheduling or other considerations. I. Financial. Subsequent to the receipt and review of all proposals, the city may require ' contractors to submit annual financial statements for the past three years. These reports will be used by the city to determine the financial strength of the vendor. ' J. Other Information. Include any other information you consider to be relevant to the proposal. This area can be used for features, services or products that exceed the mandatory requirements that would be considered alternative and/or desirables. ' Extra points may be given by the Committee if, in their opinion, deeded to be added value to the services. VII. PROPOSAL INSTRUCTIONS AND CONDITIONS A. Non -Collusion Affidavit. Proposers are required to submit a Non -Collusion ' Affidavit with their Proposals. See attached Affidavit (Exhibit E). B. Damaye. The contractor shall be held responsible for any breakage or loss of the City of Huntington Beach equipment or supplies through negligence of the contractor or ' his employee while working on the City of Huntington Beach premises. The contractor shall immediately report to the City of Huntington Beach any damages to the premises resulting from services performed under this contract. Failure or refusal ' to restore or replace such damaged property will be a breach of this contract. C. Discrepancies in Bid Documents. Should bidder find discrepancies in, or omissions ' from the invitation to bid, or if the intent of the invitation is not clear, and if provisions of the specifications restrict bidder from bidding, they may request in writing that the deficiency(s) be modified. Such request must be received by the City's Central Services Manager five (5) days before bid opening date. All bidders will be notified by addendum of any approved changes in the invitation to bid documents. ' D. Oral Statement. The City of Huntington Beach is not responsible for oral statements made by any of their employees or agents concerning this invitation to ' bid. If the bidder required specific information, bidder must request that it be supplied in writing by the City of Huntington Beach. ' E. Right to Reject Proposal. The City reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the bidder, which, in the opinion of the City, is best qualified to conduct the project. ' F. Authority to Withdraw RFP and/or Not Award Contract. The City of Huntington Beach reserves the right to withdraw the RFP at any time without prior ' notice. Further, the City makes no representations that any agreement will be awarded to any bidder responding to this RFP. The City expressly reserves the right to postpone the opening of proposals for its own convenience and to reject any or all ' proposals in response to this RFP without indicating any reasons for such rejection(s). FAXED PROPOSALS WILL NOT BE ACCEPTED. G. Bidders Conference. Bidder conference for the project will be on July 15, 2004 at 10:00 AM at the Beach Maintenance Yard, 8669 Edison Avenue, Huntington Beach, CA 92646. INSURANCE/INDEMNIFICATION REQUIREMENTS Contractor shall maintain and provide proof of the following minimum insurance requirements. A. General Liability Coverage. $1,000,000 CSL (Combined Single Limits) per occurrence. If provided coverage is under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. (Note: The City requires that the certificate of General Liability Insurance include an endorsement naming the City of Huntington Beach, its Agents, Officers, and Employees, as additional insured. The cancellation clause for General Liability Insurance must also provide a mandatory thirty (30) day notice.) B. Professional Liability Coverage. $1,000,000 per occurrence (Note: A "claims made" policy is acceptable). C. Workers Compensation Coverage. $100,000 bodily injury by accident, each accident; $100,000 bodily injury by disease, each employee; $250,000 bodily injury by disease, policy limit. Note: The City requires that the certificate of Workers Compensation Insurance include a cancellation clause for Workers Compensation Insurance also provides a mandatory thirty (30) day notice. This insurance requirement may be waived by the City Council if it is determined that the Scope of Service to be provided presents minimal legal exposure to the City. If such waiver will be necessary, please so indicate in the proposal. This insurance may also be waived if the contractor is the sole operator of the maintenance agreement. D. Business License. Successful contractor must obtain a City of Huntington Beach business license upon execution of contract. ATTACHMENTS/EXHIBITS A. Harbor Waterway Route: Bag Pick Up Locations; Existing Pumps; Proposed Pumps; Proposed Dump Stations B. Marine Sewage Pump -Out Instruction Sheet C. Report of Functional Performance D. Monthly Report E. Non -Collusion Affidavit F. Sample Contract G. Harbor Inspection Sheet H. Customer Service Standards z Proposal Submittal Deadline: Written proposals are due by 4:00 PM, Thursda August 5, 2004. Send or deliver five (5) copies of the proposal to: Rick Amadril Central Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 THE OUTSIDE OF PROPOSAL MUST BE MARKED: "MAINTENANCE OF PUBLIC WATERWAYS WITHIN HUNTINGTON HARBOR" uestions regarding proposal may be addressed to: Rick Amadril Central Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 714/960-8875 mailtaramadril@surfcity-h!2 E harfage* .1/ If' a 'ear Tl _ 2 � r a` ir. r ' nr r L — . k �• 5 y cq• ti Ra i ~ t ' EXHIBIT B MARINE SEWAGE PUMP -OUT INSTRUCTION SHEET Contractor will: 1. Have on board vessel a five -gallon bucket. ' 2. Check first for physical damage 3. At each pump -out location, fill the five -gallon bucket with water. 4. Add a dye tablet to the water, making sure the tablet and water ■ are mixed. S. Turn on pump and suck out the water in the bucket. 6. Make note of the amount of time that it takes to suck the bucket dry. A pump in good running order should remove water in less than five to eight seconds. 7_ Check all sewer lines to the bulkhead, making sure that there is no dye in the water. 8. If pump is malfunctioning or if a leak is detected, notify the person who is listed as responsible for that pump at that location to post an out -of -order sign. 9. Notify the Beach Operations Supervisor of the broken pump. 10. Log all information of findings on Exhibit C, Report of Functional Performance Sheet EXHIBIT C REPORT OF FUNCTIONAL PERFORMANCE DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE - ESTIMATED TIME TO { SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? I d DATE: TIME. PUMP LOCATION: PHYSICAL DAMAGE: ESTIMATED TIME TO SUCK OUT BUCKET: LEAK LOCATION: PUMP IN GOOD WORKING ORDER? PERSON NOTIFIED & SIGN POSTED? DATE: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ESQ t TIME TO SUCIOU BUCKET: LEAK Lo8wnow PUMP IN OOD WORXIN ORDER? PER ON OTIRED & $IGN=PO D? DATA: TIME: PUMP LOCATION: PHYSICAL DAMAGE: ES-nmATEo.TIME TO SUCK OU BUCKET: LEAK LOCATION: PUMP IN GOOD WORKINGORDER? PERSON ` OTIFIEE3 & SIGN PO D? DAT : TIME: PUMP LOATION: PHYBICAI � DAMAGE: ESTIMA TTMETO SUCK OUT BUCKET: LEAK LOG�TION: PUMP IN DOD WORKIN ' ORDER? PERSON OTIFIED & SIGN Po S D? EXHIBIT D MONTHLY REPORT MONTH: TOTAL # OF HOURS: NUMBER OF EMPLOYEES INVOLVED: NUMBER OF COMPLAINTS INVESTIGATED: QUANTITY OF DEBRIS: TYPES OF DEBRIS & PERCENTAGE: WOOD AND WEEDS: PAPER & CANS: ANIMALS: LOCATIONS: MISCELLANEOUS INFORMATION SUBMITTED BY: "Non -Collusion Affidavit" ' To Be Executed By Proposer And Submitted With Maintenance of Public Waterways within Huntington Harbor Proposal State of California County of (County) ss. ' (Proposer's Name), being first duly sworn, deposes and says that he or she is (Owner) of (Contractor Name) the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or ' sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham ' proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any ' overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, ' company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. ---------------------------- ------------------------------------ ' Date Sign at (Place) F Proposer Name (Person, Firm, Corp.) Address ----------------------------------------- City, State, Zip Authorized Representative Representative's Name Representative's Title SAMPLE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR HUNTINGTON HARBOUR MAINTENANCE SERVICES THIS AGREEMENT, made and entered into this day of by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as maintenance services for the public waterways within Huntington Harbour in the City of Huntington Beach and more specifically described in the attached Exhibit ' A; and 1 J CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, 03agree/hh demV-7nlG4 0 Ci all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND SPECIFICATIONS, CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. The Scope of Services which CONTRACTOR agrees to perform is set forth in the attached Exhibit "A". "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bond covering the work herein agreed upon; 03agreelhh clean!-7n/04 % I� u L C. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the plans and specifications (attached hereto as Exhibit "A"); D. Any insurance that may be required. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless, pursuant to Paragraph I above, CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 03agreelhh Olean/-MI04 3 11 11 1 5, COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within twenty (20) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 6. TERM OF AGREEMENT The term of this Agreement shall be three years, unless CITY exercises its option to renew as set forth herein. Unless prohibited by statute or ordinance, in its discretion CITY may renew this Agreement upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. Should the CITY exercise its option to renew this Agreement, then CITY shall give notice of intent to renew to CONTRACTOR not less than thirty (30) days before the expiration of this Agreement in the manner provided in Paragraph 25 herein. If negotiations are still in progress at the end of any one year term previously agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month -to -month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 03agreelhh clean/-7n/04 4 I] P 7. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 8. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 9 and any damages shall be assessed as set forth in Section 9. 9. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus 03agreelhh clean/-7n/04 5 P 0 H H 0 seven and one-half percent (7 'h %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 10. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY may terminate this Agreement and complete the work to be accomplished hereunder for the account and at the expense of CONTRACTOR. CONTRACTOR shall be liable for any excess cost to CITY over the original contract price. In the event CITY completes the work, or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 11 CHANGES CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Department of Community Services (the Department). CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order 03agreeM clean/-7/7/04 6 I� C u C 1 of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such increase or decrease in the quantity of work to be performed or furnished is so ordered, the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 12. DIFFERING SITE CONDITIONS A Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the Department in writing of: Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The Department shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; B. Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 03agree/hh clean/-MI04 7 Ll H 13. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. 14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective work. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 15. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its 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 CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 03agree/hh clean/-7l7l04 8 I l H I 16. INDEMNIFICATION 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. CITY shall be reimbursed for all costs and attorneys fees incurred by CITY in enforcing this obligation. 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 7. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 03agree/hh cleant-7n/04 9 n CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy Iimit. CONTRACTOR shall require all subcontractors to provide such workers' compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 18. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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 $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 $1,000,000. Said policy shall name CITY, its officers, and employees as Additional 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. 03agree✓hh clean/-M104 10 1 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. 19. 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; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force while working under this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 03agree/hh clean/-7n/04 1 11 F L n A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 20. NON -ASSIGNABILITY CONTRACTOR shall not assign the agreement or any interest therein or any portion thereof without prior written approval from the Director of Community Services. The CITY's approval may be conditioned on the proposed assignee or subcontractor agreeing to revisions to the agreement to reflect market conditions of CITY requirements that are then current or other such conditions that the CITY may deem appropriate. Also, no assignee or subcontractor will be approved who is not at least comparable to the original contractor in financial or professional competence to perform the duties. 21. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 03agreAh clear✓-7n/04 12 ' B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof ' for each worker paid (either by CONTRACTOR or any of its ' subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 22. BUSINESS LICENSE ' CONTRACTOR will be required to obtain a business license from CITY. 23. NONDISCRIMINATION ' CONTRACTOR shall not discriminate in any manner against any person by reason of race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. CONTRACTOR shall comply with the CITY adopted program for equal employment opportunities. 24. CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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 California Government Code sections 1090 et seq. 25. NOTICES ' All notices required or permitted hereunder shall be in writing and delivered in person or by registered or certified mail to the following authorized representative of the party to ' whom delivery is to be made, at the place of business of such party, or to any other place ' designated in writing by such party. 03Wee/hh clean/-7/7/04 13 n C� FOR CITY Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 FOR CONTRACTOR 26. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the Department its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish a bond approved by the City Attorney in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 03agree/hh clean!-7/7/04 14 30. IMMIGRATION CONTRACTOR 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 U.S.C. Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR 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. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR 32. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 03agree/hh clean/-MI04 15 33. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR M. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California pnnt name ITS: (circle one) Chairman/President/Vice President Mayor AND ATTEST: By: print name City Clerk ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer APPROVED AS TO FORM; REVIEWED AND APPROVED: City Attorney INITIATED AND APPROVED: City Administrator Director of Community Services 03agreeft clean/-7/7/04 16 EXHIBIT G City of Huntington Beach HARBOR INSPECTION SHEET ' Name: Date: ' Grading: 1 — 5 1 = Acceptable 5 = Non Acceptable ' Coral Cay: ' Admiralty Island: ' Peter's Landing: ' Port O Fino: ' Sea Gate: ' Trinidad Island: ' Humboldt Island: ' Christiana Bay: ' Davenport Island: ' Weatherly Bay: : Main Channel: Misc. Areas: Time: SIipS Collection Corners Non Non Acceptable Acceptable Acceptable Acceptable 11 EXHIBIT H City of Huntington Beach Beach Operations Customer Service Standards The purpose of Customer Service Standards is to 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, Beach Operations, 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. To comply with all federal, state, county, and city laws and regulations. 4. To use adequate equipment which is kept as clean and neat as possible and to train other contractor employees to be polite and courteous during public contact. 5. To employ truth and accuracy in advertising and soliciting and to honor any commitments made in the course of business. 0 ATTACHMENT #6 ,,,-in ervit Totals of Interview o Los Cerritos Wetland ■ G. M. Boston ■ Na ut-A-Ca re 0 50 100 150 200 250 300 350 400 ATTACHMENT #7 ft Oil Proposal S s-i --,i,-,,, . .... .. J BLIC r [t �r nauAt -a- carAff MARINE SERVICES IT - 1665 Placentia Avenue, Suite A Costa Mesa, California 92627 (949) 631-5823 FAX (949) 631-2502 August 4, 2004 City of Huntington Beach Central Service Division 2000 Main Street Huntington Beach, CA 92648 Re: Proposal To Provide Maintenance Of Public Waterways Within Huntington Harbour To Whom It May Concern: As President of Naut-A-Care Marine Services, I am submitting five (5) copies of the enclosed Proposal To Provide Maintenance Of Public Waterways Within Huntington Harbor for consideration by the City of Huntington Beach. This is a proposal to provide the highest level of maintenance and customer service possible in the removal of refuse and debris from Huntington Harbor. Naut-A- Care shares the City's goals of: 1) maintaining clean and safe waterways; 2) educating the citizens and boaters of Huntington Beach regarding waste dumping into the Harbor; L R and 3) fostering positive customer relations within the Harbor and the City. Naut-A-Care Marine Services is an environmentally sensitive maritime related waste disposal firm. We have been in business for over 15 years. We possess all the necessary boats, equipment, certifications and permits required to deal with all manners of waste collection and disposal within Huntington Harbor, including but not limited to ordinary trash, deceased fish and fowl, bird guano, mollusks, oil and diesel spills and any other material considered hazardous. We have extensive experience working closely with the Cities of Newport Beach and Long Beach in helping to maintain their harbors and marinas. Naut-A-Care Marine Services and its sister company, American Marine Oil Systems are dedicated to improving the marine environment. American Marine Oil Systems manufactures marine environmental systems including bilge pump out stations and storm drain collection systems for local bays and marinas. In addition, we have the capability of providing 24 hour emergency oil/diesel spill clean-up services. We propose to supply the services in requested in the RFP in accordance with the following yearly pricing schedule: A. Category I Services: 1. Performance of Service for One Day A Week: 2. Each additional 8 hour work day per year: 3. Yearly price adder for the addition to Category I Services of each additional pump to be checked during regular scheduled performance of service: B. Category II Services: 1. Hourly Rate for Category II Services: There is a minimum of 5 hours per day. This hourly rate includes two employees, plus the costs associated with additional trash pick-up, fuel, etc. $62,500.00 $30,000.00 $300.00 $125.00 These prices and terms shall be valid for at least ninety (90) days from August 5, 2004. I believe that careful consideration of our Proposal will assure you that our company is uniquely qualified to perform the task at hand. Our years of experience in the local harbors and marinas along with our technical training and state of the art equipment would provide the City of Huntington Beach with superior service and results. As a life long resident of Huntington Beach, I would take tremendous pride in assisting the City in its quest to return Huntington Harbor to its former pristine state. 1 look forward to the opportunity to discuss our Proposal with you. Please call me with any questions or concerns you may have. Sincerelael est President TABLE OF CONTENTS Section Description Page Number 1 Background and Approach 2 2 Methodology 3 3 Work Plan 4 4 Organization and Staffing 5 5 Related Experience 6 6 Cost Data 7 7 Statement of Compliance 9 8 Other Information: NPDES, TMDL and AB939 Requirements And Grant Fund Assistance 10 9 Exhibits 10 Definitive Statement of Proposed Concept of Operations -- Category I Services 11 11 Definitive Statement of Proposed Concept of Operations — Category II Services 13 12 References 13 Financial Statements 14 Equipment 15 Certificates 16 Non -Collusion Affidavit Background and Approach This is a proposal to provide the highest level of maintenance and customer service possible in the removal of refuse and debris from Huntington Harbor. Naut-A-Care shares the City's goals of: 1) maintaining clean and safe waterways; 2) educating the citizens and boaters of Huntington Beach regarding waste dumping into the Harbor; and 3) fostering positive customer relations within the Harbor and the City. NAUT-A-CARE MARINE SERVICES is an environmentally sensitive maritime related waste disposal firm. We possess all necessary boats, equipment, certifications and f permits required to deal with all manners of waste within Huntington Harbor, including but not limited to ordinary trash, deceased fish and fowl, bird guano, mollusks, oil and diesel spills and any other material considered hazardous. 2 Methodology Naut-A-Care will use one of its specially designed boats to patrol the designated areas of Huntington Harbor for floating debris and refuse. Using specially designed collection devices, Naut-A-Care will collect the floating debris and refuse and provide for its proper proposal. Naut-A-Care will remove bagged trash from designated locations and provide for its disposal. Naut-A-Care will visually examine and physically test the equipment for pump out stations noted in the Request for Proposal. Naut-A-Care will foster positive customer relations and take all opportunities available to educate the public regarding the negative impact of illegal dumping into the Harbor and surrounding storm system. Work Plan Naut-A-Care will perform its refuse and debris collection according the set schedule. The debris and refuse will be collected by boat and deposited into appropriate trash receptacles. With the exception of the paper work required for the monthly reporting and quarterly HHWC meetings, all work will be done "on -site." Naut-A-Care does not foresee the use of "deliverables" on -site. For a detailed description of the Category I and Category II proposed schedules and work to be performed please see the Definitive Statement of Proposed Concept of Operations attached hereto in the exhibits. 4 Organization and Staffing Daniel West, president of Naut-A-Care, will be the manager of this project and would be the key contact person. Mr. West is a Master Mariner licensed to 3,000 gross tons. Mr. West is also an officer in the United States Naval Reserve. Mr. West started Naut A - Care Marine Services 15 years ago. Mr. West operates Naut-A-Care along with his father Harry West (retired Navy Captain) and his brother Tim West. Naut-A-Care is an ongoing marine environmental business with a fully staffed office. Naut-A-Care will use one employee to drive the Naut-A-Care boat and to collect and dispose of the debris and refuse collected. This employee will report directly to Daniel West. Mr. West will personally train the employee and conduct frequent inspections of the work being performed. 5 Related Experience HARBOR MAINTENANCE EXPERIENCE City of Newport Beach: 1993 to present: Naut-A-Care currently provides on -demand and scheduled quarterly public dock steam cleaning services for the City of Newport Beach. Naut-A-Care steam cleans the public docks removing all bird guano and debris. Reference: Rick Greaney City of Newport Beach Operations Support Superintendent (949) 644-3067 In addition, Naut-A-Care currently provides general harbor maintenance for Newport Harbor through the City of Newport Beach Harbor Patrol Department. Naut A -Care provides first responder service at the request of the Harbor Patrol for general pollution control and disposal. In this capacity, for the past 10 years, Naut-A-Care has provided general maintenance to Newport Harbor by cleaning oil spills, diesel spills, removing trash and debris, collecting deceased sea life, cleaning bird guano and removal of mollusks from pier areas. Naut-A-Care is available for 24 emergency response and possesses all certifications and licenses necessary to perform this work including, but not limited to, Hazardous Materials Certificates. Naut-A-Care also possesses all equipment (vessels, materials, boom, filters) necessary for general harbor maintenance. Naut-A-Care also has licenses and certificates for disposal of classified hazardous materials such as oil or diesel, waste, mollusks and deceased sea life. Reference: Captain Greg Russell Harbor Master Newport Beach Harbor Patrol Phone (949) 723-1002 Cities of Long Beach and Huntington Beach: 1997 to 2003: On a much more limited role, Naut A -Care has performed all the services listed above in the long Beach Marinas (Long Beach Marina, Alamitos Bay Landing, Sea Port Marina) Long Beach Harbor and Huntington Harbor when requested by the City of Long Beach Harbor Patrol Department and the City of Huntington Beach Harbor Patrol Department. Reference: City of Long Beach Doug Parsons, Harbor Master, Superintendent Long Beach Marine Bureau Phone (562) 570-8636 0 Cost Data The RFP requests a quote for harbor cleaning "once a week" and for "up to five times per week." This terminology is ambiguous because it is not possible to know if the City expects bids for cleaning one day a week and for up to fives a week or if the City wants bids for one complete circuit of the Harbor map and a bid for up to five complete circuits of the Harbor map. With this ambiguity in mind, Naut-A-Care will submit its Category. I Cost Data based on both a daily rate and a complete circuit of the Harbor map rate. Please note that the RFP contains a map of Huntington Harbor with a path for the clean-up vessel to follow. That path measures approximately 11 miles. We at Naut A -Care are boating professionals and we can say with complete, certainty that a clean-up vessel can not safely or effectively travel at more than 2 knots per hour while actively locating and picking up trash. At this rate, a clean-up vessel could not in one day possibly cover the entire circuit of the harbor as required by the RFP and conduct the function checks on the pump stations, stop to pick-up bagged trash, talk with residents, customers, etc regarding harbor waste concerns, and to sort, document and unload debris and refuse collected. A. Definitions: 1. Performance of Service One Day A Week: Service would be for one 8 hour work day per week (including required breaks and lunch). Naut-A-Care would perform checks on the designated pump stations and pick-up bagged trash prior to doing any cleaning of the waterways. Waterway cleaning would then be conducted according to the map provided in the RFP in the time remaining during the eight hour work day. The following week, the waterway cleaning would commence where left off the prior week. 2. Performance of Service — One Complete Circuit Per Week: Service would be for two 8 hour work days per week (including required breaks and lunch). Naut-A-Care would follow the Harbor map included in the RFP locating and collecting floating refuse. Naut-A-Care would check the pump -out stations and collect the bagged trash at the designated locations along the route of the map. The pump -out stations would be checked and bagged trash would be picked up only once during the two days. Naut-A- Care would complete the entire route on the RFP Harbor map within the two days. 7 r A. Category I Services: 1. Performance of service "once a week" per year: a. Performance of Service for One Day A Week: $62,500.00 b. Performance of Service — One Complete Circuit Per Week: $92,500.00 2. Each additional 8 hour work day per year: $30,000.00 3. Yearly price adder for the addition to Category I Services of each additional pump to be checked during regular scheduled performance of service: $300.00 B. Category II Services: 1. Hourly Rate for Category 11 Services: $125.00 There is a minimum of 5 hours per day. This hourly rate includes two employees, plus the costs r associated with additional trash pick-up, fuel, etc. N. Statement of Compliance This proposal is in strict compliance with the Request for Proposal and Draft Agreement, and no exceptions to either are proposed. 0 Other Information NPDES. TMDL and AB939 Requirements And Grant Fund Assistance A. Reporting, Naut-A-Care's municipal background makes us very qualified to assist Huntington Harbor in meeting many of the environmental mandates through the State Regional Water Control Board and the State Integrated Waste Management Board. Through aggressive record keeping we can assist the city to identify sources of harbor debris for potential clean-up reimbursement., Additionally, through regular day to day reporting we will be able to identify storm drain areas necessitating more regular cleaning by the county for Public Works Department. Through separating appropriate debris, we can target recyclable materials and green waste to defer debris going to the dump credited against Huntington Beach's AB949 reporting requirements. Naut A -Care also has excellent working relationships with area environmental groups such as: California Coastal Commission, Clean Boating Network, Dockwalkers, Coastkeepers, Santa Monica Bay Restoration Foundation, Newport Beach Chamber of Commerce Marine Committee and Harbor Masters and Pilots Assn. This, combined with our background, licenses, certifications and aggressive record keeping could help the City defend against third party lawsuits through the city's NPDES permit. B. Grants: Naut A -Care also has the ability to work with the City to adjust waste collection procedures or reporting requirements to apply for state or federal grants. We can uniquely recycle bilge oil which could put the City in a position to fund a portion of our contract with Oil Recycling Grants. We can also separate recyclables to both recycle material and be partially funded through one of the many recycling grants available. As regulations tighten pollution controls in downstream cities, more and more funding opportunities will develop to financially assist those cities responsible for maintaining harbors and marinas. Naut A -Care can uniquely assist the city in pursuing these funds. We also possess the ability to bring these grant funded opportunities to the attention of the City for potential implementation. 10 N Definitive Statement of Proposed Concept of Operations Category 1 Services A. Description Frequency 1. Debris and Refuse Collection 1 day a week Clean and remove trash, debris, and other waterborne materials from publicly accessible waterways as designated by the RFP. 2. Trash Bagged by Public Collect trash bagged by public from areas designated in the RFP. I Disposal of Debris Debris and refuse will be hauled to trash disposal station or dumpster with regular service maintained by contractor. 4. Sewage Pump Functional check each marine sewage pump -out stations as designated in the RFP and maintain maintenance records. 1 day a week 1 day a week 1 day a week B. Monthly Reports 10th Day of Each Month Provide written report to City outlining type of debris Collected, location, man hours worked, equipment used And other information requested by City. C. Customer Service Provide excellent customer service, be personable, educate residents/contractors/public on discharges into harbor. D. Cooperation with Beach Operations Work closely with beach operations, supervisors for highest level of service. E. Equipment Provide vessel, licenses, vessel maintenance, i docking, materials and tools. See Exhibit B for picture of Vessel. 11 F. Prevailing Wages Provide labor in accordance with provisions of Section 1773 of Labor Code from the Department of Industrial Relations. 12 Category II Services A. Description 1. Debris and Refuse Removal Collect and remove trash, debris and Other waterborne materials that collect at the Edinger Street Flood Control channel boom, the Warner Street flood control channel boom and /or other areas designated by the Beach Operations Supervisor. 2. Disposal of Debris Debris and refuse will be hauled to trash disposal station or dumpster with regular service maintained by contractor. Frequency As -Required As -Required B. Monthly Reports 1 oth Day of Each Month Provide written report to City outlining type of debris Collected, location, man hours worked, equipment used And other information requested by City. C. Customer Service Provide excellent customer service, be personable, educate residents/contractors/public on discharges into harbor. D. Cooperation with Beach Operations Work closely with beach operations, supervisors j for highest level of service. E. Equipment Provide vessel, licenses, vessel maintenance, docking, materials and tools. See Exhibit B for picture of Vessel. p F. Prevailing Wages Provide labor in accordance with provisions of Section 1773 of Labor Code from the Department i . of Industrial Relations. 6 i 13 1901 BAYSIDE DRIVE CORONA DEL MAR, CA 92625 (949) 673-1025 SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA January 14, 2003 To Whom It May Concern:. have been acquainted with Mr. Dan West of Naut-a-Care Marine Service for almost four years. In that time, he has shown that he provides a competent and professional service to the boating public. He has assisted my staff on ' several occasions with pollution problems. He has always responded quickly and handled the problem in a positive manner. Sincerely, MICHAEL S. ARON<Sh'ner Captain -Marty Kasutes Harbor Master MK:sc MICHAEL S. CARONA SHERIFF-CORON ER ASSISTANT SHERIFFS JOHN FULLER DON HAIDL JOHN HEWITT GEORGE H. JARAMILLO DOUG STORM PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTYAND THE FOLLOWING CITIES AND AGENCIES: DRUG USE IS ABU E g ALISO VIEJO - DANA POINT - LAGUNA HILLS - LAGUNA NIGUEL - LAGUNA WOODS - LAKE FOREST - MISSION VIEJO RANCHO SANTA MARGARITA - SAN CLEMENTE - SAN JUAN CAPISTRANO - STANTON - VILLA PARK HARBORS, BEACHES & PARKS - JOHN WAYNE AIRPORT - OCTA - SUPERIOR COURT March 31, 2003 To: The City of Huntington Beach and other Concerned Parties From: Doug Parsons, Superintendent, Long Beach Marine Bureau This letter will verify that Dan West and Nauticare have been serving the boaters (3800) in the Long Beach Marinas of Alamitos Bay Marina, Long Beach Shoreline Marina and Rainbow Harbor Marina for approximately six (6) years. His dealing with the current environmental issues of clean water, holding tank pump out and bilge tank have been of great service to the boaters and marinas of Southern California. I personally know that Mr. West is an active member of the California Association of Harbor Masters and Port Captains as well as being very active with the California Coastal Commission and their Clean Marina programs, research and guidelines. I am in a position to hear many of the boaters and marinas complaints concerning service, professionalism and environmental knowledge of contracted services. I have not heard any complaints concerning Dan West and/or Nauticare. If I may provide any further information please feel free to contact me by phone at: (562) 570-3241 or by E-mail at: doparso ,ci.long_' beach.ca.us or by mail: 405 Marina Drive, Long Beach, CA 90803 1: Respectfully, E. Douglas Parsons, Superintendent Long Beach Marine Bureau Service to the Boaters { CHARLES R. GDkEW UNIVERSITY OF MEDICINE & SCIENCE Department of Neuroscience Kenneth Hahn Comprehensive Stroke & Epilepsy Center nstitute of Neurological Science DIVISION OF NEUROSURGERY George E. Locke, M.D. Samuel L. Biggers, M.D. )uc Duong, M.D.' )aniel LeMay, M.D., Ph.D •raghi Tirgari, M.D. Richard Branan, M.D., Ph.D. 1i pIVISION OF NEUROLOGY owell Nelson, M.D., Ph.D Abdolkarim Aminian, M.D. Siriichai Chayasirisobhon, M.D. Aohsen Hamza, M.D. I Carlos Rosario, M.D. Xiao-Quan Yuan, M.D. Rosemary Chequer, M.D. DIVISION OF SPECIAL STUDIES 3eorge E. Locke, M.D. Lowell Nelson, PhD, M.D. Maria Cerritos f ' `Irma Dapo, RN rcia Montenegro, RN t Mabelina Andrade, M.D. NEUROPHYSIOLOGY LABORATORY -owell Nelson, PhD, M.D. INTENSIVE CARE SERVICES Rodney McKeever, M.D. NEURO-OPHTHALMOLOGY Glenville March, M.D. EURO-PSYCHOLOGY caul G. Longobardi, PhD. PHYSICIAN ASSISTANT SERVICES George E. Locke, M.D. 'NURSING SERVICES Brenda Allmond, RN, MSN Alyce Hilliard, RN ADMINISTRATION La Veta Booker Karen Eason Ver6nica Herbert i ynnel Hines La Dore Winzer CONSULTANT 'Susan Newman April 9, 2003 City of Huntington Beach 2000 Main Street Huntington Beach, Ca Dear Sir/Madam: Subject: Marine Contract. Cleaning The Huntington Harbour Waterways I have been a resident of Huntington Harbour for over twenty years, I reside at 16462 Barnstable Circle Huntington Beach, CA 92649 Many years ago, the waterways were regularly cleaned. However, over the past several years, it appears that the waterways are not being cleaned - at least I have not seen any action on Humboldt Island. My wife and I are delighted that you are making plans regarding cleaning of the waterways. I wish to enthusiastically recommend Mr. Dan West of Naut-a-Care to be favorably considered for this contract. I have known Mr. West for over ten years. Mr. West is a perfectionist, he does excellent work and is a most reliable and dedicated professional, and I am absolutely sure that the city of Huntington Beach and the residents of the Harbor will get more than their monies worth. Mailing Address:12021 South Wilmington Avenue, Suite 5015, Los Angeles, California 90059 1731 East 120th Street • Los Angeles, California 90059 • Phone: (310) 668-4523 Fax: (310) 632-6748 Again, my congratulations on your efforts to make Huntington Harbor more beautiful. rroressor & urwrman /vh J OGi VL C. l_._I.i Vl.ol 10472 FaGI rvustA bye a�rcLe f tt,mtiv gtovL P Woh, GGlUforvUA 92649 (714) 846-1557 April 12, 2003 City of Huntington Beach Re: Daniel J. West Naut-A-Care Marine Services To Whom It May Concern: Dan West of Naut-A-Care Marine Services has informed me that he is submitting a proposal to the City of Huntington Beach to collect the trash within Huntington Harbor. I have known Dan West personally and professionally for over 15 years. Dan was the captain of my 75 foot yacht (until we sold it) and his company performed all the maintenance on it. Dan has always exhibited the highest level of integrity and his concern regarding the environment is extraordinary. Not only do I highly recommend Dan, I can not imagine anyone who would be better equipped to perform this job than Dan West.and Naut-A-Care Marine Services. I am a resident of Huntington Harbor and have lived here since 1967. As a longtime resident of the Harbor, I am truly distressed by the slow and steady decline of the water quality within the Harbor. There is not a day that goes by that our channel is not filled with trash and covered with a sheen from fuel dumped into the bay. I spend a great deal of time in my yard and in my electric boat cruising the Harbor and I am dismayed to report that I have never seen anyone picking up trash in the bay — not once in 36 years. I was stunned to hear that Huntington Beach had someone already under contract to perform this task. I would hope that the City would seriously consider the present condition of the Harbor and the current contractor's failure to perform this task competently. I would also hope that whomever the City selects to perform this contract performs this task with the diligence and professionalism obviously required. I appreciate your consideration of my thoughts on this matter and welcome any questions you may have. Sincerely, n an C. Lund - 1 t- MARINE SERVICES Mark savvy April 12, 2003 177 Riverside Ave. Suite F off (949) 642-6229 e-mail Newport Beach, Ca. 92663 fax (949) 380-1603 MBSilvey(a)marserv.com City of Huntington Beach Dear Sirs, Naut-A-Care Marine Services / Aqualube has been assisting my business since their inception and I highly recommend their services. Dan and Tim West are very knowledgeable in their profession and do an excellent job. Marine Services is a yacht management company and has been in Newport Beach for 30years. We have more than 30 yachts under management and Naut-A-Care performs services on all our vessels whenever needed, both bilge cleaning and oil changes. The Naut-A-Care team has taken the time and effort to become the HAZMAT service in Newport Harbor, which shows their dedication and skill. The Naut-A-Care team is also active in the Newport Beach Chamber of Commerce Marine Committee, of which I am the Chairman. Sincerely Mark Silve y RAPTURE MARINE EXPEDITIONS January 9; 2003 To Whom It May Concern: Dear Sir or Madam: Rapture Marine Expeditions has contracted with Naut-A-Care Marine Services, and Mr.. Dan West for the purpose of trash removal, steam cleaning, oil supply, and waste oil removal from June 1996 to present. If you have any questions regarding Mt West or Naut-A-Care marine Services please feel free to contact me (714)-307-2414 Sincerely, Noah Bailey Captain/Chief Engineer Rapture Marine Expeditions t [STREET ADDRESS] • [CITY/STATE] • [ZIP/POSTAL CODE] PHONE: [PHONE NUMBER] • FAX: [FAX NUMBER] `P.O. BOX 15157, NEWPORT BEACH, CA 92659 • (949) 650-3643 • FAX (949) 650-0573 WWW.RAPTURE.CC 3:04 PM 08/04/04 Cash Basis NAUT-A-CARE MARINE SERVICES Balance Sheet As of July 5, 2004 ASSETS Current Assets Other Current Assets 1200 - OTHER CURRENT ASSETS 1220 - Employee Loans 1210 • Checkbook Error 1240 - Inventory Total 1200 •OTHER CURRENT ASSETS Total Other Current Assets Accounts Receivable 1100 - ACCOUNTS RECEIVABLE 1135 -Oil/Steam Newport 1140.Oil/Steam Long Beach 1100 - ACCOUNTS RECEIVABLE - Other Total 1100 -ACCOUNTS RECEIVABLE Total Accounts Receivable Checking/Savings 1000 - CURRENT ASSETS 1010 • Cash Receipts 1050 - Petty Cash 1060 - Savings Account 1020 - NAC Checking Account Total 1000 - CURRENT ASSETS Total Checking/Savings Total Current Assets Fixed Assets 1500 - FIXED ASSETS 1530 • Boston 13' Whaler 1541 - Newport Mooring J-91 1580 • Work Boat - Long Beach 1560 - Workboat San Diego -Long Beach 1550 - Workboat - NB 1510 - AMOS Equipment 1510 - AMOS Equipment - Other 1512 • AMOS 30/30 Trailer 1516 - SV 28#3 1515 - AMOS SV-28 #2 1511 AMOS 30/30M 1513 • AMOS MBS Total 1510 • AMOS Equipment Total 1500 • FIXED ASSETS Total Fixed Assets Jul 5, 04 -1,838.45 0.11 1,329.46 508.88 508.88 287.48 77.67 1,046.64 836.83 836.83 60.75 265.73 7,998.02 15,912.51 24,237.01 24,237.01 24,564.96 1,589.95 12,012.00 31,324.92 40,000.00 65,439.18 -350.00 500.00 4,500.00 26,000.00 30,000.00 40,000.00 100,650.00 251,016.05 251,016.05 Page 1 3:04 PM 08/04/04 Cash Basis NAUT-A-CARE MARINE SERVICES Balance Sheet As of July 5, 2004 Other Assets 1600.OTHER ASSETS 1715 - Dan West Total 1600. OTHER ASSETS Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities 2200 -OTHER CURRENT LIABILITIES 2230 • Sales Tax 2227 - Wells Fargo Business Line 2225 - Union Bank Credit Line Total 2200 -OTHER CURRENT LIABILITIES Total Other Current Liabilities Total Current Liabilities Long Term Liabilities 2500 - LONG TERM LIABILITY 2510 - Notes Payable 2515 - Dan West 2525 - Harry E. West Total 2510 - Notes Payable Total 2500 - LONG TERM LIABILITY Total Long Term Liabilities Total Liabilities Equity 3050 - Retained Earnings Net Income 3000 • EQUITY ACCOUNTS 3010 -Open Bal Equity Total 3000 - EQUITY ACCOUNTS Total Equity TOTAL LIABILITIES & EQUITY Jul 5, 04 21,632.18 21,632.18 21,632.18 297,213.19 1,641.50 37,508.00 42,406.17 81,555.67 81,555.67 81,555.67 10,120.01 154,788.24 164,908.25 164,908.25 164,908.25 246,463.92 -143,742.45 2,375.37 192,116.35 192,116.35 50,749.27 297,213.19 ;` Page 2 NA UT -A -BARE Marine Services P. O. Box 1021 Newport Beach, CA 92659 949-631-5823 August 4, 2004 Attn: Credit Dept Aqualube, Inc., d.b.a. Naut-A-Care Marine Services, also d.b.a. A.M.O.S. (American Marine Oil Systems) offers the following information so that your company may offer us an open credit account. Should further information be needed please call us at 949-631-5823. Aqualube, Inc. is a California Corporation formed in 1995 after acquiring the partnership assets of Aqualube. Dan West started operating as Aqualube in 1991. The principal officers are Daniel J. West, President, and Harry E. West, Vice President. Daniel West resides at 16291 Waikiki Ln., Huntington Beach, Ca 92649, Tel 714-846-7731. Harry West resides at 13321 Fairfield Ln., #182F, Seal Beach, Ca 90740, Tel 562-430-3330. Federal ID. No. 33-0684670 State Resale No. SR EAA 99841210 Physical address —1665A Placentia Ave., Costa Mesa, CA 92627 Mailing address - P. O. Box 1021, Newport Beach, CA 92659 Principal Suppliers: Stoll Engine Co., Yorba Linda, CA 92887 Acct # 1855 Tel 714 962 3511 FAX 714 962 0513 Hi -Tech Designs, Morgan City, LA 70380, Tel 985 384 3979, FAX 985-384-3630 Frank Soto G.P. Resources, Long Beach, CA 90801 Acct. # 505929, Tel - 800-659-5823 FAX 562-590-8412 Port Supply, Watsonville, CA., Acct. # 417 920, Tel - 800-612-6885 FAX 800-825-7678 Union Bank of California, Westcliff Branch, Newport Beach, CA Tel 800-238-4486 Aqualube, Inc. Checking Acct. #06100 26532 Savings Acct. 9 28555 Very Truly Yours, Harry E. West Vice President ss _ � a .�8 * �, �. aAu� �'ri �` ' � ,.� rw. . � �. �,« ._ . �. __...N ., r, . _ a ,� �_ � F ,,.� �,.,. ,. � , _. � h �. v. ,A as defined Goerde Secfion 8574.20 and in r%or warded thise�iat;of Achievement 00 Vnh Mirolla Date Director Michael 0#016 Certified Hours Chief, az Mat Sectio OR132570 Certified Instructor Certificate Number kfq - sa�,'xti.,:,maar�SW..�.�,,vnow �.r,'�n� kl�n �.avnxwx tAixl4� ��.^,�oslmrs-=ax�..ti �.�i.. L�.Y�3w'armvsz✓3eiSi,5Yt3f;:3 d��.,er,r,.,,u L t "����R��-�� ,.,�+z.L"a AQ Ciisi _ q;�1 ' �R.AL LQY •ti yE��gl?f J ¢SF�dtn � tn lu • L�f S ` -. fS yU�� f� lz Fit _ •r,C,,F�? fry J' F 1'f rn h� -OAST OG-:- AEV. A SERIAL NUMBER ISSUE NUMBER 4 10011499 rl 1-41 Mil S@ Q rt -r- N1, �rl- -)I h U It ME" R�C ` M� MA` INE OFFI 7hiS is to certify that DANIEL JOSEPH WEST having been duly eraminedandfoundcompetent by the under*nedis licensedto serve for the term of five years from the below issue date MASTER OF STEAM OR MOTOR VESSELS OF NOT MORE THAN 1600 GROSS REGISTERED TONS (DOMESTIC TONNAGE), 3000 GROSS TONS (ITC TONNAGE) UPON NEAR COASTAL WATERS. RADAR OBSERVER (UNLIMITED) EXPIRES FEBRUARY 2004- "SEE REVERSE" Given under my hand this 172V1 day of 91fay 2002 ISSUE PORT: LONG BEACH, CA E. KUMN6WELD&C)R: USCG, BY DIRECTION EXPIRATION DATE: MAY 17,2007 OFFICER IN CHAR MARINE INSPECTION DMIBIT E "Non -Collusion Affidavit" To Be Executed By Proposer And Submitted With Maintenance of Public Waterways within Huntington Harbor Proposal State of California County of (Countvs. c�� j4 aget OR COR A N 1�'v Agr,9_C4k %DANikc J.tnjLST (Proposer's Name), being first duly sworn, deposes and says that he or she is (Owner) of Al-h-C° (Contractor Name) the parry making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. 2 ©o --�i /9 u G �"f _HawTl tj 6Tdri Mc1tj Ci9(.IFORNrfi Date Sign at (Place) c V NA1P(. �EP��<ex ANr�C.�1^ GST ----------------------------------- ----- ---------------------------- Proposer Name Authorized Representative (Person, Firm, Corp.) (o�f T ,Acc. rJTh9 A J STD' h �VjLJ�-------------------- ---------------- Address Qo rrg NI E'SA,1. 9 qZ al ----------------------------------- City, State, Zip Representative's Name 'j� _S f DGs�1 T Representative's Title ATTACHMENT #8 �sN�y,1N6T� —� CITY OF • BEACH INTERDEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT Y" �UU�VTY.C,av¢�i TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR FROM: DAN T.VILLELLA, CPA, FINANCE DIRECTOR SUBJECT: FIS 2005-06-23 — Approve Huntington Harbour Maintenance Services Contract and First Amendment to City's Maintenance Agreement with the County of Orange DATE: MAY 31, 2006 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Huntington Harbour Maintenance Services Contract and First Amendment to City's Maintenance Agreement with the County Of Orange" If the City approves the recommended action, there will be no effect on the City's General Fund balance since the action is funded by existing appropriations. If the City Council approves the alternative action, the Second Tier Reserve of the General Fund will be reduced to $5,064,000. The total appropriation of $24,840 is funded by an appropriation from the Second Tier Reserve ($15,540) and new revenue not anticipated in the original budget ($9,300). Dan T. Villella Finance Director RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: HUNTINGTON HARBOR WATERWAYS MAINTENANCE COUNCIL MEETING DATE: July 3, 2006 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 ❑ Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable El (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne ( pp Y tY Y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report If applicable) p ( pp ) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable RCA Author: G.M. Boston Company 412 Fullerton Avenue Newport Beach, CA 92663 (949) 722-6799 City of Huntington Beach January 25, 2006 City Council 2000 Main Street Huntington Beach, CA 92648 To: City Council Members Keith Bohr, Gil Coerper, Debbie Cook, Cathy Green, Don Hansen, Jill Hardy, Dave Sullivan Subject: RFP for Maintenance of Public Waterways within Huntington Harbor Dear Council Members and others: BACKGROUND Since August, 1982, my company has been responsible for removal of refuse and debris from the Huntington Harbor waterways within the city limits of Huntington Beach and the Edinger Flood Control Channel. Originally, I reported to Mr. Jim Way as the supervising authority and later, up to the present, to Mr. Larry Neishi. During much of my time in this capacity, the Huntington Beach Waterways and Beaches Committee also reviewed my performance of duties. At no time did anyone give me indications that my performance was anything but satisfactory. In fact, some of the Committee members, as well as Council Member Jim Silva (and later, as Supervisor), expressed approval of my job performance. When my company first assumed responsibility for this contract, the frequency of complaint calls regarding the condition of the waterways was 15-20 per month, as reported by former Supervisor Harriet Wieder. Complaint calls fell markedly over the years up to the present, with total complaints during calendar year 2005 amounting to 4. This level occurred during our 29" rainy season, the most rain in many years. RFP HISTORY In calendar year 2002, The City asked for a proposal to perform the duties of my company and did so in calendar year 2003 and 2004. 1 responded to all three. The City has made no selection of a performer but Staff reviewed and recommended a candidate based upon the 2004 RFP. The attached letter, written a year ago, compares the preferred performer's evaluation results with those of my company, G.M. Boston, shown below. G.M. Boston Naut-A-Care Knowledge/Experience 16 14 Grand Total, Vendor evaluation 1265 1070 Clean-up 5 days/week $ 62,400 $ 162,000 Please review my attached letter of one year ago. Thank you for your kind attention. Greg Boston G.M. Boston Company 412 Fullerton Phone/Fax: 949-6799 Newport Beach, CA 92663 Cell: 949-533-6799 January 7, 2005 City of ,Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 To: City Council Members Connie Boardman, Gil Coerper, Debbie Cook, Cathy Green, Jill Hardy, Dave Sullivan Information copies: Keith Bohr & Don Nelson Subject: RFP for Maintenance of Public Waterways within Huntington Harbor Dear Council Members and Others: I am writing to provide information regarding the Power Point evaluation of responses to the RFP for Maintenance of Public Waterways within Huntington Harbor. I expect that you received a copy of the evaluation prepared by Community Services, Public Works, Orange County and Administrative Services (The Committee). Committee evaluation of the several submitted proposals resulted in the Committee selection of the Naut-A-Care Company as the preferred candidate with service frequency of 2-3 days per week and costs shown below. With the current fiscal condition of City & County finances, Council members should subject the Committee recommendation to strong scrutiny for several reasons, based upon the following information. FREQUENCY: This issue is mentioned in the previous paragraph. During my 18+ years of maintaining the waterways, the contracts called for a 5 day schedule. Residents will likely become displeased at changing service frequency to 2-3 days per week at a cost increase of more than double ($ 87,500) the current cost of $ 42,000 for a 5 day frequency. Additional data appear below. REASONABLE COST: For clean-up once weekly, the Committee shows Vendor's Annual Cost Data for Naut-A-Care as $ 62,500 for 1 clean-up per week; $ 77,500 for 2 clean-ups per week; $ 87,500 for 3 clean-ups per week; and $162,000 for 5 clean-ups per week. Data on G.M. Boston Company are $ 45,552 for 1-3 clean-ups per week, and $ 62,400 for 5 clean-ups per week. In Category 2 costs, G.M. Boston is 40% of Naut-A-Care's ($50/hr. vs. $125/hr.). KNOWLEDGE/EXPERIENCE OF HUNTINGTON HARBORISIMILAR PROJECTS: The Committee rated G.M. Boston Company at 16, Naut-A-Care at 14. VENDOR'S EVALUATION OF PROPOSAL — GRAND TOTAL: The Committee rated G.M. Boston Company at 1265, Naut-A-Care at 1070. REFERENCES: This page of the Vendor's Evaluation of Proposal states that the Committee received no references, only letters of recommendation within proposals. This is incorrect. G.M. Boston provided names, addresses and telephone numbers of Jim Engle and Lary Neishi, both of whom hold management/supervisory positions with the City of Huntington Beach and oversee the performance of duties related to maintaining waterways of Huntington Harbor. Additionally, G.M. Boston Company provided the name and business telephone of County Supervisor Jim Silva and the name and home telephone number of Mr. Bill Hartge as references. Both of these men reside inside Huntington Harbor, Any Committee member seeking a reference on G.M. Boston Company job performance could have done so with a telephone call. Finally, G.M. Boston Company provided a copy of a Huntington Harbor resident's letter. This letter thanked me for saving the family dog which had fallen into the water and would have drowned because it could not climb a ladder to the dock. This letter was a testimonial to attention to job duties, not a reference or recommendation. I surveyed City of Huntington Beach management/supervision for information on G.M. Boston job performance over the years. City of Huntington Beach management & supervision recall getting a maximum of 3-4 reports/year on waterway maintenance issues for resolution by G.M. Boston Company. Many years the reports were 2 or 3. SUMMARY & CONCLUSION The Committee recommendation notwithstanding, the information above presents a basis for selecting G.M. Boston Company to continue the maintenance of Huntington Harbor waterways based upon knowledge of job duties, experience and cost benefit to the City of Huntington Beach and County of Orange. Neither the City nor County has the present budget to support the annual cost of $ 162,000 for a 5 day/week clean-up schedule but that is the current and past clean-up schedule for over 18 years. Clearly, none of the Committee lives in Huntington Harbor. Supervisor Silva and Mr. Bill Hartge would be the appropriate starting points to survey the preference of residents. RECOMMENDATION: Select G.M. Boston Company for a 5 day cleaning schedule as the best use of available resources to do the required job of maintaining the public waterway within Huntington Harbor. The proposal cost for the revised scope of work is $ 62,400/year. I hope that the information above helps in achieving the best use of resources for the County, City of Huntington Beach and the residents of Huntington Harbor. With my many years of service to maintenance of the waterways, I very much want to see implementation of the revised scope of work at the least cost to all parties. If questions remain, I can be reached at the telephone number in the above letterhead. Thank you for the opportunity to present this information Very truly yours, reg M. �bston