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HomeMy WebLinkAboutClean Earth Rovers - 2024-11-19 (2) 2000 Main Street, k c.r',g ',1;4;,•°A✓ Huntington Beach,CA EF 9=� City of Huntington Beach w 92648 Qff APPROVED 7-0 "-^�C ' GF OUN.a�iewto\F�11 File#: 24-799 MEETING DATE: 11/19/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, Acting City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Jim Merid, Environmental Services Manager Subject: Approve a Sole Source Procurement Request and authorize execution of Service Agreement with Clean Earth Rovers for routine debris removal and trash abatement in Huntington Harbour utilizing Autonomous Surface Vessel (ASV); appropriate funds from the Storm Water Quality Fund Statement of Issue: Huntington Harbour is the terminal point for the Anaheim Bay/Huntington Harbour watershed which encompasses 80 square miles. As the terminal waterbody for the watershed, the harbor is often the final destination for trash and debris that enters the various storm water channels and other conveyance structures designed to transport storm water. The trash and debris degrades the water quality and aesthetic quality of the harbor waters as well as the habitat for marine life that resides in the harbor. The Clean Earth Rover ASV would remove the trash and debris from the water in Huntington Harbour. Financial Impact: The Public Works Department is requesting an appropriation of$201,800 from the Storm Water Quality Fund undesignated fund balance to fund a contractual period of 3 years plus an optional 1- year extension. Recommended Action: A) Approve the Sole Source Procurement Request with Clean Earth Rovers; and B) Approve and authorize the Mayor and City Clerk to execute a "Service Agreement Between the City of Huntington Beach and Clean Earth Rovers for Routine Debris Maintenance Services for City of Huntington Beach Harbour;" and, C) Appropriate $201,800 from the Storm Water Quality Fund (892) undesignated fund balance to account 89285201.82500. City of Huntington Beach Page 1 of 3 Printed on 11/13/2024 powered by Legistarm 628 File#: 24-799 MEETING DATE: 11/19/2024 Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The Clean Earth Rover collects marine debris from the surface of water. It is the only marine vessel on the market that is small, agile, and versatile enough to access confined areas in the waters of Huntington Harbour where trash/debris tends to accumulate. The Clean Earth Rover can be operated manually or autonomously. Nicknamed the "Roomba for the water," the Clean Earth Rover can be programmed to follow a mapped route or manually controlled. Equipped with a net, it skims the surface, collecting up to 20 pounds of debris before needing to be emptied. It's relatively small dimensional size (3ft wide and 5ft long) allows it to maneuver into tight spaces such as docks, under bridges, and around other marine obstacles that the City's current harbor trash removal service provider can't navigate around. The Clean Earth Rover is an innovative way of addressing trash in open bodies of water and City staff conducted two separate pilot studies to assess the effectiveness and the return on investment prior to seeking a 3-year service agreement. The initial study was conducted February through April of 2024 to assess how effective the Clean Earth Rover could address and remove trash/debris discharged into the harbor from storm events. The second pilot study was conducted-in July through August of 2024 to assess the effectiveness during the summer months. The total weight of the trash removed from the harbor waters for both studies was over 10,000 lbs. or a little over 5 tons. Based on the results of the two pilot studies, staff determined that the service would be beneficial and a cost-effective means of addressing trash/debris in the harbor. The sole source procurement is requested in accordance with Chapter 3.02 of the City of Huntington Beach Municipal Code and this agreement would address many concerns and complaints that City staff often receives from residents and visitors alike regarding the amount of trash accumulated in certain pockets and eddies in the harbor that staff could not access using conventional methods. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Service Agreement between the City and Clean Earth Rovers 2. PowerPoint presentation regarding Clean Earth Rovers Trash/Debris Removal Services City of Huntington Beach Page 2 of 3 Printed on 11/13/2024 powered by LegistarTM' 629 File#: 24-799 MEETING DATE: 11/19/2024 3. Sole-Source Justification City of Huntington Beach Page 3 of 3 Printed on 11/13/2024 powered by Legistarm 630 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CLEAN EARTH ROVERS FOR ROUTINE DEBRIS MAINTENANCE SERVICES FOR CITY OF HUNTINGTON BEACH HARBOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called"City," and Clean Earth Rovers, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of debris maintenance services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Michael Arens, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 24-15165/360420 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Two Hundred One Thousand eight Hundred Dollars ($201,800.00) during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works not to exceed amount. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence t k/l q/2.1_1 , or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3)years from Commencement Date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 1 additional one-year period if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 24-15165/360420 2 7. 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 and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly'or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 24-15165/360420 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however,ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 24-15165/360420 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 24-15165/360420 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. 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 the applicable provisions of the California-Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Clean Earth Rovers Attn: Director of Public Works Attn: Michael Arens 2000 Main Street 5941 River Road, #2 Huntington Beach, CA 92648 Cincinnati, OH 45233 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 24-15165/360420 6 21. Section Headings The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate,original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigfation and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. 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; 24-15165/360420 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24-15165/360420 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 24-15165/360420 9 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a CLEAN EARTH ROVERS municipal corporation of the State of Calif' By: 91416.(2// 4.4 Alta ayor / -C l /(rez Print name (1 ITS: (circle one) Chairman/President/ A-Pki7ib2y1 Vice President City Clerk 11/2213-1 AND By: INITIATED A D APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of ublic Works COUNTERPART APPROVED TO FORM: City Attorney REVIEWED AND APPROVED: City Manager 24-15165/360420 10 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a CLEAN EARTH ROVERS municipal corporation of the State of California By: Mayor /griit Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND By:_014114 eArAilatrk‘ile INITIATED AND APPROVED: -Print name I • ',Tie one) Secreta AMMIP fficer/ sst. Secretary-Treasurer Director of Public Works COUNTERPART APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager 24-15165/360420 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Routine Debris Maintenance Services For City Of Huntington Beach Harbor B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15165/360420 11 EXHIBIT A Overview of Service Structure: Structure of Services: Services are structured around "sites". Sites are determined as specific locations in which a Rover AVProTM can be deployed. Usually this is limited to one marina, property, channel of water, or section of a larger body of water. As a rule of thumb, any "site" is quoted to be a maximum area of 2.5 Acres. Performance of Services: The debris maintenance services will be performed by a single operator, using either autonomous missions and supervising the success of these missions remotely, or by manually performing the cleaning by driving the Rover AVProTA4 with a controller. The services are performed until completion. There is no hourly minimum or maximum of a service. The operator must determine sufficient cleanup has been completed before finalizing services. Proof of Services: Clean Earth Rovers will provide a proof of service by uploading "before and after" photos into Google Cloud at each site in Huntington Harbor for the duration of the contract. In addition to the photos provided, Clean Earth Rovers will quantify the amount of debris in gallons and lbs. collected and report this data in photos of "total debris collected". Length of Services: The proposal of services is set to start in 2024 and have a duration of 3 years under a masters services agreement with the option to extend for a 4th fiscal year of operations. Scope of Services: Clean Earth Rovers will be tasked with removing debris on the surface of the water at the specified sites in the contract. Sites may be added to the contract during seasonal needs and variations of debris in the harbor. Sites in this agreement will always be at a minimum of 2-sites/outing. Clean Earth Rovers will remove debris from the shoreline or dock where applicable. Clean Earth Rovers will not be responsible for debris outside of cleaning sites. Clean Earth Rovers will coordinate timing of cleanups based on location, weather, tidal shift, and schedule. Clean Earth Rovers will also be tasked, upon request, to do oil sheen and oil spill response in the harbour waters using the Rover as a RC/autonomous system to efficiently deploy boom and sorbent material for safe and efficient oil capture. Identified Sites: These are sites that Clean Earth Rovers has worked with the City of Huntington Beach to identify as common areas of debris accumulation. The sites listed below are to provide options and are listed in order of severity/priority. Not all of the listed sites will be cleaned during each outing. The purpose of having secondary and primary sites is so that if any proposed site is clean during the time of scheduled services, there are other locations we have available as options for cleanup. Identified sites are attached below in Exhibit A. Primary Sites: 1. Portofino Cove -1.5 Acres: 2. SeaGate Yacht Club Bimini Channel -2.3 Acres: 3. SeaGate Yacht Club Bonaire Channel -2.0 Acres: Secondary Sites: 1. SeaBridge Beach -1.5 Acres: 2. Warner Dock -1 Acre 3. French Park -.5 Acre 4. Prince Park -.25 Acre Cleanup Frequency: Based on the learnings from the pilot operation, we recommend maintaining a frequency of 2 sites cleaned 2 times per week. Additional sites may be added throughout the life of the contract, which will bring the price per site down because of our volume-based pricing model. The need for this would be if we wanted to increase from 2 sites per day to 3 or 4 sites per day depending on seasonal variations of debris in the harbor. Proposed Schedule: Mon Tues Weds Thurs Fri CER CER Fee structure: The Fee schedule is structured on a per cleanup basis. The fees are structured to reward volume based pricing on the amount of cleanups committed in any given day. The maximum site cleanups Clean Earth Rovers can managed with 1 rover is 6 sites/day. There is no incentive to doing Less sites and more days due to a higher operating cost and tack of scale with mobilization. Specific pricing based on the proposed schedule is further described in Exhibit B. Investment to the Community: Clean Earth Rovers will invest in providing Huntington Harbor with it's own Rover AVPro unit to be permanently stored in the Harbor (through the lifespan of this agreement), allowing for more efficient operations, ease of deployment, and consistent presence among the community. We will also invest back into the community by finding local Orange County Robotics/Engineering college level students to support the operation of the Rover AVPro and its services throughout the Harbor. Exhibit A: Identified Sites: Portofino Cove 4. i . 6(‘ f / , r'w1 Portofino CA, ma's .... :.� �. .. SeaGate Bimini i ii" it i t ; , s .7 .. oda M'on't. ,.. r - `i SeaGate.Xacht Club. . 1 I 'j pia � � � 3. "t 4 4 o144 goo , i 0.4,, i .. ,.. , a,.,-,, ,, 440:0,,,, , ,,,,,....: ,,,,.,,,,,o,,,,,,i,,,,:l..1 0„ '" b„fi 3 r Ie l'ilr irti 1 . ' .. , Jj*j . ($�(G LR1 !Jd to ,' n ,.� . ,t4A , . "" ," Aruba Cir .r_�� ; ' _ SeaGate Bonaire .' 7....---...,, ir''''''S -4;41‘''''''' A . 4/k. i t x s It it, raj # �. . tp-I r ..:..1'. 4,("13. r..' ....,7 i:i......,'. ' '',-.--..,.-;,,-,-..,--,.:,$,4,.1...•1.:'.4...4.;,i.; ,-f,,,. . '.) 1,. ,,.'. {ti . ..„,......, •iti " s* , G i • s iCA, t . Pi g"'' ' * ,,..,,, ' Q. .ioa U :cc, F - v u SeaBreeze Beach ¢. c u ol t. . fb } S � � A ,i ., , .,. ,.)*. ,,. *,1,,,,,,.-: ,, :' ' '''-':!.. ':',.,.. ••• .::"14* «, ,+ • ,. " '1 # ram` . • oolin b 1 / _ `," > 7 f ‘ ► Warner Dock ' ,'--- .4* • * 4, ‘. ..0., \ . - lub \ , I , t 4* t , a ----- 4 le ' r' ,...- . . .-- t ...) .... MI 4 '40 0 Alt 4 i . t ‘ ........0""- ,p4 () itk .... ,,,, ,% 100 . , . , Huntington Beach Fire Statio1 n 7 N0, , A.„ 1111 '414 ; Itt Ur 4. f '*"*"... ,..,0100 4,. * ..• 4.. 4. French Park ., F Cleaning Zone ,', ...... . , ---" —"""--" ti ' ,, ,f . ' . , ,, 4 z irfo ,, it'.,- N.' . ,.. t aI - „Ae.,,,,,,4 .., . , , } is �f *� la. 14 Prince Park p A a . *1 / 4' . Iititi,44431•64‘.,*. 1-17‘., x. 411:c,lil,,,,, ,.‘,,,, 110.,2,., : ,,, .\ \\..........................., ,,,,,,if,Aii .,\,4,,,, r.,,.. .. . ta, ., -. 328 .., 4 .,,, ,,.... - 1 ) 4..4 allt< '41 . , !..„,, •, , i .. / * — i\ * dr ( - EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within'thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set 24-15165/360420 12 forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement 24-15165/360420 13 ,, . 2 , . Exhibit.B: Fee 8Chedule:, • Fee Schedulearid Estimated Project cot 1 Yr.1 2:Sites: Weekly Total AnnuAl.Total i..Day Rate per Site $328 $1.;3I2. . $65,600 00 , 1 *on-laemand; $300/Ht,3-hour • Rate minimum (24-hour notice) . : . , Yr.2 '2,Sites Weekly Total AtinUal.Total . ,, ,. . , .... . , . . , . • , Day:Rate per Site : $ 3,6 .$1,344 $67200.00 '450n-Demand '.$.. 0Q/Fir, b0r. Rate minimurn (24-hour notice) L •:,. Yr. 8: 2 Sites ., Weekly Total Annual Total_ - . Pay-Rate,per Site $345 $1,080 . .. $,%:00.0.09 . . , . . . ... *0n-Dema.04 ' ,$800/Hr_a,-hour . Rate :minimum • , (24,hovr notice) r , Option,to Extend td a..4th Yr. , . . . . ,.. . . . . . Yr 4 2 Sites Weekly Total Annual Total 5 Day Rate per Site ,,,. $354 $1,41.5: $708.00.00 _. •-, *.-On-Demand ,$300/Hr:.8hoUr . .., . . Rate: Mirlirriurn (24-hour nOti,ce) . 'i. • i• Oil-Spill/Oil-sheen response rates (3-Hour Minimum) (does not include boom equipment): Yr. 1 Yr. 2 Yr. 3 Yr .4 $300/hr $310/hr $318/hr $326/hr *On-Demand services would be to request an additional day in any given week or to request immediate response to an emergency, such as an oil spill **Additional sites may be added throughout the life of the contract, which will bring the Day Rate per Site down. The need for this would be if we wanted to jump from 2 sites/outing to 3 or 4 depending on seasonal effects in the harbor. (Pricing increases made using inflation adjustment calculator at 2.5% change YOY) Questions About Project Cost Structure: Our team encourages you to contact us regarding any costing structure. There are ways to manipulate this fee schedule to better align with budgets and suit needs. Exhibit C: Overview of Equipment i . �1�' g-f_i i riP! ''-'41 '-'''',.:-.------ - - ` 2 »'. wliV,.. -' , . &''_$ ova 4 .,,,, Summary: The Rover AVProTM acts like a "Roomba" for waters, navigating autonomously through hard to reach areas and collecting physical debris, oil, and other hydrocarbons. Key Features: - 20 hr. run time - 45 gallon debris capacity - Wheels for fast land transport and easy launching - 120 meter 360 LiDAR obstacle detection - GNSS for advanced positioning up to .3 meter accuracy - Cloud connected autonomy using wifi and 5G to control from anywhere Benefits: - Small and versatile for limited access areas - Clean energy EV, no byproduct from operations - Single-person deployment - Fast collection, 60 sqft/minute cleaning capacity - Control autonomously from anywhere on browser - Load in and out of the water from beaches, ramps, or cranes /Cc,it , �...41 CLEAN-2 OP ID: LM ,acoRG, CERTIFICATE OF LIABILITY INSURANCE DATE(Mh1DDIYYYY) `.....----- 09/23/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 513-985-0353 _CONTACT Lisa Gonzales The Roehr Agency PHONE 513-985-0353 I FAX 513-985-0359 4642 Ridge Ave. (NC,No,Ex1>; (AIC,No): Cincinnati, OH 45209 ➢ s_igonzales@roehrins.com Ross R.Roehr INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Admiral Insurance Company suRE INSURERB:Progressive Casualty Ins Co 24260 (��ean tarth Rovers,Inc. 2900 Reading Road INSURER C: Cincinnati,OH 45206 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTR TYPE OF INSURANCE IIN R SUER POLICY NUMBER (MMInonf YY) IMMionivm LIMITS rR, 1,000,000 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE X OCCUR X CA000046507-03 08/30/2024 08130/2025 PREAGE TO REND ISES(Ea occu ence) $ 100,000 MED EXP(Any ne person) $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I I jrCT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO X 986269446 09/03/2024 03/03/2025 BODILY INJURY(Per person) S___........__....._ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE _, AUTOS ONLY _. AUTOS ONLY (Per accident) S S ___ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DEO RETENTION$ j $ WORKERS COMPENSATION „.....__�PER EAIlIIE-�_ _ER AND EMPLOYERS'LIABILITY y IN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) --- E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) • The City of Huntington Beach is included as an additional insured when APPROVED AS TO FORM ( \\\���JJJ�����` required by written contract. �}J MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION CITYOHU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I y Yi :� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • POLICYHOLDER COPY NA STATE COMPENSATION P.O. BOX 8192, PLEASANTON, CA 94588 INSURANCE FUN© . CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-31-2024 GROUP: POLICY NUMBER: 936153E-2024 CERTIFICATE ID: 2 CERTIFICATE EXPIRES: 08-15-2025 06-15-2024/06-15-2025 CITY OF HUNTINGTON BEACH NA JOB:HARBOR MAINTENANCE 200 MAIN STREET 200 MAIN ST HUNTINGTON BEACH HUNTINGTON BEACH CA 92648-8121 CA 92648 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document j with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. j_ewfw1/4._. I � , Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER CLEAN EARTH ROVERS, INC. NA 5941 RIVER RD. K2 CINCINNATI OH 45233 [P1 U,HO] (REV.7-2014) PRINTED : 07-31-2024 Policy Number:CA000046507-03 CG 20 10 12 19 Issued Date:09/20/2024 Effective Date:08/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s) City of Huntington Beach,its officers,elected or appointed All locations at which the Named Insured is performing officials,employees,agents,and volunteers. ongoing operations. 2000 Main Street Huntington Beach,CA 92648 Additional Premium:$250.00 Total for CG2010, CG2037,AD0657&AD6911 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury" caused,in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds,the following is added to Section III—Limits Of Insurance: CG 20 10 12 19 ©Insurance Services Office,Inc.,2018 Page 1 of 2 D If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. • • • CG 20 10 1219 ©Insurance Services Office,Inc.,2018 Page 2 of 2 ❑ Policy Number:CA000046507-03 CG 20 37 12 19 Issued Date:09/20/2024 Effective Date:08/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Or Organization(s) Completed Operations City of Huntington Beach,its officers,elected or appointed All locations except locations where"your work"is or was officials,employees,agents,and volunteers. related to a job or project involving single-family dwellings, 2000 Main Street multi-family dwellings(other than rental apartments in an Huntington Beach,CA 92648 apartment building:(a)originally constructed and at all times used for such purpose,or(b)converted from a commercial building),condominiums,townhomes,townhouses,time- share units,fractional-ownership units,cooperatives and/or any other structure or space used or intended to be used as a residence. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury"or"property damage"caused,in whole or in part,by "your work"at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 3712 19 ©Insurance Services Office,Inc.,2018 Page 1 of 1 D Policy Number:CA000046507-03 AD 06 57 09 23 Issued Date:09/20/2024 Effective Date:08/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers. 2000 Main Street Huntington Beach,CA 92648 It is agreed that the COMMERCIAL GENERAL LIABILITY COVERAGE FORM,Section IV Paragraphs 4.b.and 4.c.do not apply with respect to other valid and collectible Commercial General Liability insurance,whether primary or excess, available to the person or organization shown in the Schedule and: 1) Who is an insured under an Additional Insured-Owners,Lessees or Contractors endorsement attached to this policy; and 2) Who requires by specific written contract that this insurance is to be primary and/or non-contributory to other valid and collectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. AD 06 57 09 23 Page l of 1 D Policy Number:CA000046507-03 AD 6911 0519 Issued Date:09/20/2024 Effective Date:08/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US • TO DESIGNATED PERSONS OR ORGANIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and Person or Organization volunteers. 2000 Main Street Huntington Beach,CA 92648 Additional Premium S See CG2010 1. Solely for cancellations initiated by us,we will mail or deliver to the Person or Organization shown in the Schedule writ- ten notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or b. 30 days before the effective date of cancellation if we cancel for any other reason. 2. We will mail or deliver our notice to the Person's or Organization's last mailing address known to us. • • 3. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 4. If notice is mailed,proof of mailing will be sufficient proof of notice. The additional premium shown in the Schedule is fully earned and non-refundable upon issuance of this endorsement. For the purposes of final premium calculations,additional premium charged for this endorsement will not be added to the Total Advance Premium shown in the Declarations. • AD 69 11 05 19 Page 1 of 1 ❑ City of Huntington Beach 1.�IItti 2000 Main Street ♦ Huntington Beach, CA 92648 _._ _ a� (714) 536-5227 ♦ www.huntingtonbeachca.gov t �cF ..mP� °ds� Office of the City Clerk coUNTY � ® Robin Estanislau, City Clerk November 22, 2024 Clean Earth Rovers Attn: Michael Arens 5941 River Road, #2 Cincinnati, OH 45233 Dear Mr. Arens: Enclosed is a fully executed copy of the Service Agreement between the City of Huntington Beach and Clean Earth Rovers for Routine Debris Maintenance Services for City of Huntington Beach Harbor, approved by City Council on November 19, 2024. Sincerely, AK/ 9,6-11441-&164) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan RECEIVED ,t ns;o— �� CITY OF HUNTINGTON BEACH SEP 13 2024 Sole-Source Justification OFF (For use on allgoods and services acquisitions.) _ q ) Ce.DThe"Keq epagt This justification document consists of two(2)pages. All information must be provided and all questions must be Finance ed Approvals"section must include a date for each signature,as appropriate for the transaction. Requesting Department Information Date: August 2, 2024 Requestor Name: Jim Merid Division Manager: Tom Herbel (Type names. Do not sign.) Department: Public Works Department Head: Chau Vu (Type names. Do not sign. Must be same as signature below.) Department Contact Information Contact Name: Jim Merid Street Address: 2000 Main Street Telephone: (714) 374.1548 Fax: Shipping Address: 2000 Main Street, Huntington Beach, Cellular phone: (714) 337.1981 CA 92648 Required Contact Information Contractor/Supplier Name: Clean Earth Rovers Contractor/Supplier Address: 5941 Rive Rd., #2 Contractor/Supplier City/State/Zip: Cincinnati, OH 45233 Original Contract Amount:* Amendment Amount:* (if applicable) New Contract Amount:* $201,800 $ $ (*Includes original contract and previously (*Includes original contract and all amendments, approved amendments) (*Current amendment only) including current amendment) Provide a brief description of the acquisition, including all goods and/or services the contractor will provide: Contract Type and Term Contract Type: Contract Term: What account number will be used to purchase? Select One: 0 Goods Begin: 11/1/2024 Business Unit: 89285201 ® Service ❑ Goods&Services End: 10/30/2027 Object Code: 82500 Required Approvals Department Head FinnaCe Manager- Budget Chief Financial Officer ssistant City Manager , Approved Denied L?Approved LiDenied �1 Approved ❑ Denied Approved ❑ Denied Signature/ Signature Signature _ 4-7 7 j i G, 9/2-7/ZoLit 10)6/J �,� Signatture��/ Date- Date Date ��� '/ `� Date (Transactions exceeding$50,000 must be approved by City Council) 1 it°` TstYG'0 CITY OF HUNTINGTON BEACH yi o ;�F /hYyL Sole Source Justification fern (For use on all goods and services acquisitions.) Complete responses must be provided for all of the following items. A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1. Why is the acquisition restricted to this goods/services/supplier? (Explain why the acquisition cannot be competitively bid.) Clean Earth Rovers provides a service to clean and remove trash/debris from open bodies of water using a remote marine vessel that can be automated or manned depending on the conditions and amount of trash/debris. The service employs the use of a small (3ft X 5ft) marine vessel that can be programmed to clean an area similar to a "Roomba" or manual as needed. 2. Provide the background of events leading to this acquisition. City staff was in search of a means and method to remove trash/debris in Huntington Harbour that tend to accumulate in tight corners and pockets in the harbor which are inaccessible to boats or by land. This trash/debris often disintergrates into smaller particulars which are then dispersed in the harbor. Besides reducing the aesthetic quality of the water in the harbor,trash/debris has a negative impact on the water quality of the harbor waters. 3. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?). Clean Earth Rovers is the only vendor on the market with a marine vessel small enough to access the tight pockets and eddys in the harbor where trash/debris tends to accumulate. City staff conducted two pilot studys (Feb-April 2024 and July-September 2024)to assess the effectiveness of the services and determined that the amount of trash collected justified the costs. During the two pilot studies, over 2,000Ibs of trash were collected from the harbor ranging in size from 1/2 inch to 8 inches. Clean Earth Rovers also has the ability to respond to oil spills rapidly as it doesn't require much effor to launch and can contain the oil in areas that are inaccessible to other large marine vessels such as boats. 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? The services provided by Clean Earth Rovers allow the City to remove trash/debris in an effective manner preventing the degradation of the waters in Huntington Harbour as well as the interconnected Bolsa Chica Wetlands which is a protected natural estuary. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services,including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.) City staff conducted online research and conferred with staff from the City of Newport Beach which is currently in process of purchasing two Clean Earth Rover units for their staff to conduct trash removal services in Newport Harbor. 2 B. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.) The service price is based on the number of days of service per week and was determined to be similar or less than the service costs for other trash removal services of marine waters. This includes services provided to the City by Nooman's Construction which conducts trash removal services in the main channels of the harbor. 2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier. City will save on costs related to removing some of the trash/debris that washes onto City beaches by removing the trash in the water before disintergration in smaller and harder to recover particles. Clean Earth Rovers also has the ability to respond to oil spill in the harbor in a rapid fashion could limit the impact of the oil spill and reduce the costs associated with abating oil from a larger area. Remit completed form to: City of Huntington Beach—Purchasing Division 2000 Main Street, Huntington Beach,CA 92648-2702 3 1 T 't ,azw,, E AN EARTH ROVERS ( • . at t 1,, 9 *, HU.NTINGTON BEACH Routine Debris Maintenance Services for City of Huntington Beach Harbor Starting Fall of 2024 through Fall of 2027 CLEAN EARTH ROVERS For the Attention of: Huntington Beach Department of Public Works 2000 Main St#5, Huntington Beach,CA 92648 Phone: f7141536-5511 From: Michael Arens Co-Founder,CEO Date:10/16/23 Dear City of Huntington Beach Department of Public Works, We are excited and grateful for the opportunity to submit a proposal for pilot maintenance and services of debris management throughout Huntington Harbor. Clean Earth Rovers is a Cincinnati-based company that, independent of this opportunity, has committed to growing our company in southern California with a significant presence in Los Angeles, Long Beach, Huntington Beach, and Newport Beach, in collaboration with Alta-Sea and Braid Theory out of the Port of Los Angeles. As part of our commitment to this collaboration, we are registering as a small business in the state of California. Since our inception, Clean Earth Rovers has launched its Rover AVProTM and Rover M1 in San Francisco CA, Newport Beach CA, and Naples FL. We have stepped in to do regular marina and harbor maintenance, oil spill cleanup, site and facility inspection, and hurricane Ian debris cleanup. We are proud to be the only "Made in America"team building ASVs for debris management. We are excited about this opportunity because we see it as a foundational step towards scaling our operation and presence in Orange County, as well as the impact of our organization. Our team, and our technology, are readily equipped to execute. The proposal for pilot services below will give an in-depth overview of how we might execute this project, in a manner that is as automated as possible. While our proposal is centered around "Robotics as a Service",there will still be required Labor, maintenance, and operators to ensure the success of long-term services of our automated systems. Thank you, Michael Arens, Co-Founder/CEO Michael cleanearthrovers.corn. • +1 (636)-489-8667 Overview of Service Structure: Structure of Services: Services are structured around "sites". Sites are determined as specific Locations in which a Rover AVProTM can be deployed. Usually this is limited to one marina, property, channeL of water, or section of a Larger body of water. As a ruLe of thumb, any "site" is quoted to be a maximum area of 2.5 Acres. Performance of Services: The debris maintenance services will be performed by a single operator, using either autonomous missions and supervising the success of these missions remotely, or by manually performing the cleaning by driving the Rover AVProTM with a controller. The services are performed until completion. There is no hourly minimum or maximum of a service. The operator must determine sufficient cleanup has been completed before finalizing services. Proof of Services: Clean Earth Rovers will provide a proof of service by uploading "before and after" photos into GoogLe CLoud at each site in Huntington Harbor for the duration of the contract. In addition to the photos provided, Clean Earth Rovers will quantify the amount of debris in gallons and Lbs. collected and report this data in photos of "total debris collected". Length of Services: The proposal of services is set to start in 2024 and have a duration of 3 years under a masters services agreement with the option to extend for a 4th fiscal year of operations. Scope of Services: Clean Earth Rovers will be tasked with removing debris on the surface of the water at the specified sites in the contract. Sites may be added to the contract during seasonal needs and variations of debris in the harbor. Sites in this agreement will always be at a minimum of 2-sites/outing. Clean Earth Rovers will remove debris from the shoreline or dock where applicable. Clean Earth Rovers will not be responsible for debris outside of cleaning sites. Clean Earth Rovers will coordinate timing of cleanups based on location, weather, tidal shift, and schedule. Identified Sites: These are sites that Clean Earth Rovers has worked with the City of Huntington Beach to identify as common areas of debris accumulation. The sites Listed below are to provide options and are listed in order of severity/priority. Not all of the Listed sites will be cleaned during each outing. The purpose of having secondary and primary sites is so that if any proposed site is clean during the time of scheduled services, there are other Locations we have available as options for cleanup. Identified sites are attached below in Exhibit A. Primary Sites: 1. Portofino Cove -1.5 Acres: 2. SeaGate Yacht Club Bimini Channel -2.3 Acres: 3. SeaGate Yacht Club Bonaire Channel -2.0 Acres: Secondary Sites: 1. SeaBridge Beach -1.5 Acres: 2. Warner Dock -1 Acre 3. French Park -.5 Acre 4. Prince Park -.25 Acre Cleanup Frequency: Based on the [earnings from the pilot operation, we recommend maintaining a frequency of 2 sites cleaned 2 times per week. Additional sites may be added throughout the life of the contract, which will bring the price per site down because of our volume-based pricing model. The need for this would be if we wanted to increase from 2 sites per day to 3 or 4 sites per day depending on seasonal. variations of debris in the harbor. Proposed Schedule: Mon Tues Weds Thurs Fri • CER CER Fee structure: The Fee schedule is structured on a per cleanup basis. The fees are structured to reward volume based pricing on the amount of cleanups committed in any given day. The maximum site cleanups Clean Earth Rovers can managed with 1 rover is 6 sites/day. There is no incentive to doing Less sites and more days due to a higher operating cost and lack of scale with mobilization. Specific pricing based on the proposed schedule is further described in Exhibit B. Investment to the Community: Clean Earth Rovers will invest in providing Huntington Harbor with it's own Rover AVPro unit to be permanently stored in the Harbor (through the Lifespan of this agreement), allowing for more efficient operations, ease of deployment, and consistent presence among the community. We will also invest back into the community by finding Local Orange County Robotics/Engineering college Level students to support the operation of the Rover AVPro and its services throughout the Harbor. Sites:Exhibit A. Identified Portofino Cove ' ' --;Ivt, loilif',-,*1.' PP* a^° F.v Av dl'• h if 8 g a^ a , +e £ .q t , ' fro. ., `�. d 8,..r:. c . tie r * .. 4 .800 SeaGate Bimini . .,,,;,� *� *r. a G1Mon#ego.dr ,F SeaGatf t� 1 '44%.. .„ ' I 1. - ' * 1c/ :`' 1 # '- i 4 .of ' a , Y s" ' . "j fig` a «zi -�. • ��� '< a,.•-w r am` ,, . I � �,.- — .04.0,-,i0or ,„*. ' ,,.I,• I l ri 44I '' I 1 j / 'er 1 0.4,4w• 11.1 %i. r , itiook' *ill ., t ; Mill It ., ilk 4I kw i.., fl-e-,4,,n4,1-4t r i. d 1 - `. g.:. . - Aruba°Cir , -, -- �. c .,....-mow:. .. ! k a .... SeaGate Bonaire s # f"i - 00 ok s E # fix , " r .. -• ffi M1k a 4 ,rO I ^va.-a�� se^".. .aas fi i.,.. ._ . ,�_ 1,„,R I A _ , , . 4 10 P- y *4' • ': a iritt Cr) 03 a r V* • SeaBreeze Beach rc _ _ '.14. i " ,,-,.'::::,,, 4-'%1,4# 4, . R r 4 r¢ r -it ` � > ♦ �T,il ve qR O dR P k V R �f• R w Warner Dock ik �` 4 Lib 4 titt- Huntington Beach Fire Station 704 • French Park i � er „ . , . . „.. .I ,, k illp .., .. , II . ;:'..2-:,,,,7.4"."11. , .'.•A‘. -,,.X.: ,E 1114 ! ire 5 Pr Prince Park ,., .., i , ,, ..... .„,, .,.,. ,,, r • ri-r- . -# „oil 'x ' i . Exhibit B: Fee Schedule: Fee Schedule and Estimated Project Cost: Yr. 1 2 Sites Weekly Total Annual Total Day Rate per Site $328 $1,312 $65,600.00 *On-Demand $300/Hr. 3-hour Rate minimum (24-hour notice) Yr. 2 2 Sites Weekly Total Annual Total Day Rate per Site $336 $1,344 $67,200.00 *On-Demand $300/Hr. 3-hour Rate minimum (24-hour notice) Yr. 3 2 Sites WeekLy Total Annual Total Day Rate per Site $345 $1,380 $69,000 *On-Demand $300/Hr. 3-hour Rate minimum (24-hour notice) * On-Demand services would be to request an additional day in any given week or to request immediate response to an emergency, such as an oil spill ** Additional sites may be added throughout the Life of the contract, which will bring the Day Rate per Site down. The need for this would be if we wanted to jump from 2 sites/outing to 3 or 4 depending on seasonal effects in the harbor. (Pricing increases made using inflation adjustment calculator at 2.5% change YOY) Questions About Project Cost Structure: Our team encourages you to contact us regarding any costing structure. There are ways to manipulate this fee schedule to better align with budgets and suit needs. I Exhibit C: Overview of Equipment o z E g $a -'s-rrgx w x Ytaa �.s r Summary: The Rover AVProTM acts Like a "Roomba" for waters, navigating autonomously through hard to reach areas and collecting physical debris, oil, and other hydrocarbons. Key Features, - 20 hr. run time - 45 gallon debris capacity - Wheels for fast land transport and easy launching - 120 meter 360 LiDAR obstacle detection - GNSS for advanced positioning up toi .3 meter accuracy - Cloud connected autonomy using wifi and 5G to control from anywhere Benefits: - Small and versatile for limited access areas Clean energy EV, no byproduct from operations - Single-person deployment - Fast collection, 60 sqft/minute cleaning capacity - Control autonomously from anywhere on browser - Load in and out of the water from beaches, ramps, or cranes AirdirAir Pr - n Approve Sole Source Procurement Request and Corresponding q p g c . . toI.P ORAr ?® � Service Agreement for Routine • �-- �-- � ®% Debris Removal and Trash r t. ; .x, „ T1 Abatement in Huntington Harbour I - ' ,- -_ - ` � Utilizin Autonomous Surface ----- ----„7. :- , % Vessel (ASV) Designed to Remove 'r '-' - Trash/Debris Inaccessible to Marine• Vessels 1 460.E j ®®$ '' # Public Works Department - TNy Airjorif Date: November 19, 2024 657 BACKGROUNDf �ti 3 r { g • Huntington Harbour is the terminal point for the Anaheim Bay/Huntington Harbour watershed which encompasses 80 square mi es • As the terminal point for the watershed, Huntington Harbour receives tons of trash/debris from upstream storm drain conveyances • Trash tends to accumulate in tight corners and pockets in Huntington Harbour which is often inaccessible via land or conventional marine ���� ,��� vessels °4 : 111, • Clean Earth Rover is the only Autonomous Surface Vessel (ASV) on the \- - . _ market that can access these areas due to its relativelysmall size "o � UNTO' 658 NEEDAA/ Hy/BENEFITs • City staff fields many complaints regarding trash/debris in Huntington Harbour especially after storms • Trash and debris negatively impact the marine environment in Huntington Harbour • Clean Earth Rover would remove trash/debris from the waters in Huntington Harbour which would improve the water quality and aesthetic quality of the harbor water • Clean Earth Rover can access docks, underneath bridges, and other tight areas that /1'A TIN6 conventional marine vessels can not or c`c '010,01tA b ,61 • W o 659 DETAILS • Clean Earth Rovers will provide trash/debris removal services on a set schedule • Proposed service contract details trash removal services twice a year in 3 primary sites and 4 secondary sites le• Sites were identified based on the 2 pilot studies r , IA ';°. � t 0111 Q Je n in r n � °° ' • � '� co ducted win toad summer of 2024 ;°•° F�mrpemP� e 660 FuNDING/scHEDuLE • Staff is requesting $201 ,800 to be appropriated from the Storm Water Quality Fund to the 3-year plus an optional 4th year for the contract 0®®f kTlN 6r0 ,' k °, x 661 0 RECOMMENDATI N 1 ) Approve the Sole Source procurement request with Clean Earth Rovers. 2) Approve and authorize the Mayor and City Clerk to execute a 3-year (with optional 1 year extension), not to exceed $201 ,800 contract between the City of Huntington Beach and Clean Earth Rovers for Routine Debris Removal and Trash Abatement in Huntin to ,4� 1N g Harbour Utilizing Autonomous Surface Vessel (ASV). ,4 �- -�0 ° �, r ti r 3) Appropriate $201 ,800 for the Storm Water Quality Fu `:, r� ".4-. ? to account 89285201 .82500. 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' . ., — •• - : - ieeditiOtOkebq,:i., • crratOaCtions-0*,-,.,-----,,,..4 -t•-•.,,,,,Council) ' -----it•••••••:. dtbrCity , ttitietbeAtiprcilie- - •,- •• - :•-•- !, : ••• -•-• - - -- • • :•• -I ,,- • 1 , 1 , • 663 I.„ i,',OT CITY OF HUNTINGTON BEACH Sole Source Justification (For use on all goods and services acquisitions.) • Complete responses must be provided for all of the following items. A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1. Why is the acquisition restricted to this goods/services/supplier? (Explain why the acquisition cannot be competitively bid.) Clean Earth Rovers provides a service to clean and remove trash/debris from open bodies of water using a remote marine vessel that can be automated or manned depending on the conditions and amount of trash/debris. The service employs the use of a small(3ft X 5ft)marine vessel that can be programmed to clean an area similar to a"Roomba"or manual as needed. 2. Provide the background of events leading to this acquisition. City staff was in search of a means and method to remove trash/debris in Huntington Harbour that tend to accumulate in tight corners and pockets in the harbor which are inaccessible to boats or by land. This trash/debris often disintergrates into smaller particulars which are then dispersed in the harbor. Besides reducing the aesthetic quality of the water in the harbor,trash/debris has a negative impact on the water quality of the harbor waters. 3. Describe the uniqueness of the acquisition (why was the good/servicelsupplier chosen?). Clean Earth Rovers is the only vendor on the market with a marine vessel small enough to access the tight pockets and eddys in the harbor where trash/debris tends to accumulate.City staff conducted two pilot studys(Feb-April 2024 and July-September 2024)to assess the effectiveness of the services and determined that the amount of trash collected Justified the costs. During the two pilot studies,over 2,0001bs of trash were collected from the harbor ranging in size from 1/2 inch to 8 inches. • Clean Earth Rovers also has the ability to respond to oil spills rapidly as it doesn't require much effor to launch and can contain the oil in areas that are inaccessible to other large marine vessels such as boats. 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? The services provided by Clean Earth Rovers allow the City to remove trash/debris in an effective manner preventing the degradation of the waters in Huntington Harbour as well as the interconnected Bolsa Chica Wetlands which is a protected natural estuary. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services,Including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.) City staff conducted online research and conferred with staff from the City of Newport Beach which is currently in process of purchasing two Clean Earth Rover units for their staff to conduct trash removal services in Newport Harbor. 2 664 B. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.) The service price is based on the number of days of service per week and was determined to be similar or less than the service costs for other trash removal services of marine waters. This includes services provided to the City by Nooman's Construction which conducts trash removal services in the main channels of the harbor. 2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier. City will save on costs related to removing some of the trash/debris that washes onto City beaches by removing the trash in the water before disintergration in smaller and harder to recover particles. Clean Earth Rovers also has the ability to respond to oil spill in the harbor in a rapid fashion could limit the impact of the oil spill and reduce the costs associated with abating oil from a larger area. Remit completed form to: - 'City of Huntington Beach—Purchasing Division 2000 Main Street,Huntington Beach,CA 92648-2702 3 665