HomeMy WebLinkAbout2011/11/15 Item 04TY COUNCIL
STATEMENT
~~ ci~rv of
CHUTA VISTA
11/15/2011, Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING THE FIVE-
YEAR AGREEMENT FOR CITYWIDE STREET SWEEPING
SERVICES TO CANNON PACIFIC SERVICES, INC. AND
AUTHORIZING THE PURCHASING AGENT TO RENEW THE
AGREEMENT FOR TWO (2) ADDITIONAL 2-YEAR OPTION
PERIODS IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF REQUEST FOR BID -11/12
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
ADMINISTRATIVE SERVICES AGER ~
REVIEWED BY: CITY MANAGER ~
ASSISTANT CITY ANAGER `~)
4/STHS VOTE: YES ^ NO
SUMMARY
The City of Chula Vista advertised for bids for a new five-year agreement, with two (2) two-year
option periods, for street sweeping services. The bid was advertised in the Star News on July 29,
2011, and electronically on Planet Bids. Eight (8) companies downloaded the information and
two (2) contractors attended the mandatory pre-bid conference and submitted bids. Staff
recommends that Cannon Pacific Services, Inc. be awarded the contract as the lowest responsible
bidder.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed activity
consisting of awarding an agreement for citywide street sweeping services is covered by the
general rule in that there is no possibility that the activity may have a significant effect on the
environment. Therefore, pursuant to Section 15061(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
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11/15/11, Item
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The agreement covers the sweeping of all City public streets (that have been accepted by the
City), center islands/medians, centerlines, and designated parking lots. The agreement outlines
eight classes of street sweeping service (see Attachment B of the agreement). The various
classes indicate the frequency that each curb, median or centerline is swept. The classes are
residential streets, two types of business streets, center islands and medians, center lines,
uncurbed streets, parking lots, and special sweeping. Due to budget constraints, residential
streets are swept once every two months. Business streets, such as Fourth Avenue and H Street,
are swept once every two weeks. Third Avenue, between "E" and "G" Streets, is swept once
every two weeks. Center islands, medians and centerlines, are swept once every two months.
Non-curbed streets are swept once every two months. Parking lots are swept once every two
months. Special sweeping will be on an as-needed basis, such as sweeping after a special event,
paid at an hourly rate as indicated in the agreement.
Provided in the following table is a summary of the bids received from the contractors:
Table 1 -Summary of Bids
Bid
Contractor Amount
Cannon Pacific Services, Inc. $131,462
San Marcos, CA
C1eanStreet $240,997
Gardena, CA
The City of Chula Vista solicited written bids from qualified companies for a new five-year
agreement, with two (2) two-year option periods, for street sweeping services. Prices are fixed
for the first two years. Adjustments during the third through fifth year will be based upon the All
Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price
Index, as published by the Bureau of Labor Statistics, for the preceding twelve month period,
(CPI increase), up to a maximum of 6% per year. The contract includes a provision for two 2-
year extensions. If the City elects to extend the contract, such extensions will represent years six
through nine.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(1) is not applicable to this decision.
CURRENT FISCAL YEAR IMPACT
There are sufficient funds budgeted for street sweeping services in Public Works for FY2011-
2012. There is no direct fiscal impact from approving this resolution in that funds expended for
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11/15/11, Item ~"
Page 3 of 3
subsequent fiscal years will have been approved through the normal budget or appropriation
process.
ONGOING FISCAL IMPACT
There is no direct ongoing fiscal impact from approving this resolution in that funds expended
for subsequent fiscal years will have been approved through the normal budget or appropriation
process.
ATTACHMENT
Two-party agreement.
Prepared by: Robert Beamon Administrative Services Manager
H.• I P UBLIC WORKSI AGENDA I CAS2011111-1 S-I I I FINAL 1 Agenda Statement -Street SweepingFINAL. doc
4-3
RESOLUTION 2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING THE
FIVE-YEAR AGREEMENT FOR CITYWIDE STREET
SWEEPING SERVICES TO CANNON PACIFIC SERVICES,
INC. AND AUTHORIZING THE PURCHASING AGENT TO
RENEW THE AGREEMENT FOR TWO (2) ADDITIONAL 2-
YEAR OPTION PERIODS IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF REQUEST FOR BID 1-11/12
WHEREAS, City of Chula Vista advertised for bids for a new five-year agreement for
street sweeping services; and
WHEREAS, the agreement contains an option to extend, at City's sole discretion, for
two (2) additional two-year terms; and
WHEREAS, bid was advertised in the Star News on July 29, 2011, and electronically on
Planet Bids; and
WHEREAS, eight (8) companies downloaded the information, and two (2) contractors
attended the mandatory pre-bid conference and submitted bids; and
WHEREAS, the agreement covers the sweeping of all City public streets (that have been
accepted by the City), center islands/medians, centerlines, and designated parking lots; and
WHEREAS, provided in the following table is a summary of the bids received from the
contractors:
Table 1 -Summary of Bids
Bid
Contractor Amount
Cannon Pacific Services, Inc. $131,462
San Marcos, CA
CleanStreet $240,997
Gardena, CA
WHEREAS, staff recommends that Cannon Pacific Services, Inc. be awarded the
contract as the lowest responsible bidder; and
WHEREAS, Contractor warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor to City in accordance with the
time frames and the terms and conditions of this Agreement.
4-4
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award the five-year agreement for citywide street sweeping
services to Cannon Pacific Services, Inc. and authorize the purchasing agent to renew the
agreement for two (2) additional 2-year option terms.
Presented by
Richard A. Hopkins
Director of Public Works
4-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Glen R. Googins~~..~~G~~i(:~ ~ I ~~~'-1
City Attorney
Dated:
AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA, AND
CANNON PACIFIC SERVICES, INC.
FOR STREET SWEEPING SERVICES
4-6
Agreement Between
City of Chula Vista
and
Cannon Pacific Services, Inc
To Provide Street Sweeping Services
This agreement (Agreement), dated November 15, 2Q11 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise. specified in Exhibit A
to this Agreement (Exhibit A), Paragraph 1, is between the City-related entity whose name and'
business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name,
business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4
through 6, (Contractor), and is made with reference to the following facts:
IZECITALS
WHEREAS, the City has solicited bids for street sweeping within and on the streets of
the City of Cula Vista and on various City parking lots, as contained in "RFB #1-11/12 Street
Sweeping Services for the City of Chula Vista" ("Bid" ), available in the City Purchasing Office;
and
WHEREAS, the Contractor has submitted to the City a bid to sweep the public streets
and various City parking lots within the City limits, per the requirements of the Bid, and has thus
made certain representations regarding length of time in business, financial strength, credit
standing, cities served, equipment provided and. qualified trained personnel, per its bid proposal,.
available in the City Purchasing Office; and
WHEREAS, Contractor warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor to City in accordance with the
time frames and the terms and conditions of this Agreement.
WHEREAS, the City awarded the Bid to the Contractor based on the terms of this
Agreement and in reliance on the representations and warranties herein.
NOW, THEREFORE, for valuable consideration the City and Contractor do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
A. General
ARTICLE I. CONTRACTOR' S OBLIGATIONS
1. General Duties. Contractor shall perform all of the services described on Exhibit A,
Paragraph 7 (General Duties).
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Contractor shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
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To Brovide Street Sweeping Servtees. 3011 - 2016 44
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Adjustments to Scope of Work. At the Street Maintenance Public Works Manager's
sole discretion, streets and/or parking lots constructed or accepted by the City may be
added to the "Defined, Services" at the applicable unit price identified in the rate
schedule in Exhibit A, Paragraph l OD, and in accordance with the sweeping schedule
identified in Exhibit A, Paragraph 8A.
b. Reductions in Scope of Work. City may independently, or upon request from
Contractor, from time to time, reduce the Defined Services to be performed by the
Contractor under this Agreement. Upon doing so, City and Contractor agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
c. Additional Services. In addition to performing the Defined Services, City may
require Contractor to perform additional services related to the Defined Services
(Additional Services), and upon doing so in writing, if they are within the scope of
services offered by Contractor, Contractor shall perform same on a time and materials
basis at the lowest of the following rates (1) rates set forth in the "Rate Schedule" in
Exhibit A, Paragraph IOD, (2) rates submitted by Contractor as part of Contractor's
bid, or (3) a separate fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed. -
3. Standard of Care. The Contractor expressly warrants that the work to be performed
pursuant to this Agreement,. whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care: ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by.City is required, it is understood
to be conceptual approval only and does not relieve the Contractor of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Contractor or its subcontractors.
B. Application of Laws. Should a federal or state law pre-empt a local .law, or regulation, the
Contractor must comply with. the federal or state law and implementing regulations.. No
provision of this Agreement requires the Contractor to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Contractor to violate any law, the Contractor agrees
to notify City immediately in writing. Should this occur, the City and the Contractor agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1'a~e 2
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1.. Subcontractors. Contractor agrees to take appropriate measures necessary to ensure that
all participants utilized by the Contractor to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, .and policies, whether federal, state, or local, .affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Contractor under this Agreement, the Contractor shall ensure that the subcontractor
carries out the Contractor's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Contractor must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Contractor, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scone of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability,, Code 1 (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Contractor's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the. general aggregate limit must be twice the
operations, as required occurrence limit.
a licable
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Em to er's $1,000,000 disease- olic limit
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To ,provide Street.~weeping Servsces. 3011 - 301 d ''++
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the .City. At the option of the City, either the insurer
will reduce or eliminate such deductibles or self-insured retentions as they pertain to the
City, its officers, officials, employees and volunteers or the Contractor will provide a
financial guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability; automobile liability, and
where appropriate, the worker's compensation policies are to contain, or be endorsed to
contain, the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Contractor, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Contractor, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Contractor's General Liability insurance coverage must be
primary insurance as it pertains to the City, its off cers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the. insurance of the
Contractor and in no way relieves the Contractor from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except .after thirty days' prior written notice to the City by certified
mail, return receipt. requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
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To .Provide .Street Sweeping .Services. 2011 - 2016
e. Waiver of Subrogation. Contractor's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. RetYO Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Contractor must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M.
Best's rating of no less than A X. Exception may be made for the State .Compensation
Fund when not specifically rated.
8. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section LC. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Contractor must include all subcontractors as insureds under its
policies or furnish separate certificates and endorsements for each subcontractor. All,
coverage for subcontractors is subject to all of the requirements included in these
specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall
not be construed to limit the Contractor's obligations under this Agreement, including
Indemnity.
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D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Contractor to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Contractor shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://w-ww.fms.treas.Qov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City Attorney.
2. Letter of Credit.. In the event that Exhibit A, at Paragraph 18, indicates the need for
Contractor to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph. entitled "Letter of Credit"), then
Contractor shall .provide to the City an irrevocable letter of credit callable by .the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Contractor is in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Letter of
Credit," in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Contractor to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Contractor .shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk- Manager or
City Attorney.
E. Business License. Contractor agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Contractor for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Contractor access
to its office facilities, files .and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Contractor's performance.
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Two Puny ~Sgreenaent between ~Lzry of C,aaela Y%sta and Cafaraon t~ac~ services, lase
To Provide Street Sweeping Services. 3011 - 3016 ``~~ LL
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Contractor,
submitted to the City as indicated in .Exhibit A, Paragraph 17, but in no -event more
frequently than monthly, on the day of the period .indicated in Exhibit A, Paragraph 17,
City shall compensate Contractor for all services rendered by .Contractor according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention -set forth in Paragraph 18 of
Exhibit A, and shall compensate Contractor for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Contractor shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Contractor, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Contractor's negligence, errors, or omissions in the. performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there .were no such negligence, errors, omissions, Contractor shall
reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Contractor understands and agrees that payment to
the Contractor for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Contractor of the terms of the Agreement. The Contractor
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Contractor is not entitled to receive any portion of the compensation
due or paid, City will notify the Contractor in writing, stating its reasons. The Contractor
agrees that Project closeout will not alter the Contractor's responsibility to return. any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Contractor's Obligation to Pay. Upon notification to the Contractor that specific
amounts are owed to City, whether for excess payments. or disallowed costs, the
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Contractor agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Contractor
1. Contractor is Designated as an FPPC Filer. If Contractor is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Contractor is deemed to be a "Contractor" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC
Filer, Contractor shall not make, or participate in making or in any way attempt to use
Contractor's position to influence a governmental decision in which Contractor knows or
has reason to know Contractor has a fmancial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Contractor is designated
as an FPPC Filer, Contractor warrants and represents .that Contractor has diligently
conducted a search and inventory of Contractor's .economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Contractor does not, to the best of Contractor's knowledge, have an
economic interest which would conflict with Contractor's duties under this Agreement.
4. Promise Not to Acctuire Conflicting Interests. Regardless of whether Contractor is
designated as an FPPC Filer, Contractor further warrants and represents that Contractor
will not acquire, obtain, or assume an economic interest during the term of this
Agreement-which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated
as an FPPC Filer, Contractor further warrants and represents that Contractor will
immediately advise the City Attorney if Contractor learns of an economic interest of
Contractor's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Contractor warrants, represents and
agrees that:
a. Neither Contractor, nor Contractor's immediate family members, nor Contractor's
employees or agents (Contractor Associates} presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, (Prohibited
Interest), other than as listed in Exhibit A, Paragraph 14.
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Two 1'ar!y,~~reetraent between airy of ~iaula ~lista and C¢nnon p~ca~ Services, ~'nc
To Provide Street Sweeping Services. 2011 - 2016 4
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Contractor or Contractor Associates in connection
with Contractor's performance of this Agreement. Contractor promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Contractor Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement;
except with the written permission of City.
d. Contractor may not conduct or solicit any business for any party to this Agreement, or
for any third party that may be in conflict with Contractor's responsibilities under this
Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of .the
respective work assignment or Deliverable, the Contractor shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 (Liquidated Damages Rate).
Request for Extension of Time. If the performance of any act required of Contractor is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Contractor, as determined by the City,
Contractor shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Contractor claims the existence of
such a delay, the Contractor shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
Pare 9
pwo Party ,~gree»~ent Between ~L'ity of ~L'3aula %ista ar~d Maranon usei ~~er~ices, I~ac
To Provide Street Sweeping .Services. 2011 - 2016 4
ARTICLE V. INDEMNIFICATION
A: Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under .Article V., Section A.2., Contractor shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of .Contractor, its officials, officers, .employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence _or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused. by or claimed
to be caused by the active or passive negligent -acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Contractor, its employees, agents or officers, or any third party.
2. Design Professional Services. If Contractor provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Contractor shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Contractor, its officials, officers,
employees, agents, Contractors, and contractors arising out of or in connection with the
performance of Contractor's services. Contractor's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Contractor's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.l and A.2, above,
is the Contractor's obligation to defend, at Contractor's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, .officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
Page 10
Two party.9greemerat 13etweera ~~ity af'~hula vista ~dr~d L'aaanora ~,~scif~~ervices, Inc
To Provide Street Sweeping Services. 2011 - 2016 'F
5. Declarations. Contractor's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Contractor.
6. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Contractor's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Contractor shall fail to fulfill in a timely and
proper manner Contractor's obligations under this Agreement, or if Contractor shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Contractor of such termination and
specifying the effective date thereof at least f ve (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Contractor shall, at the option of .the
City, become the property of the City, -and Contractor shall be entitled to receive just and
equitable compensation, .in an amount not to exceed that payable under this Agreement and
less any damages caused City by Contractor's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City .may terminate this Agreement
at any -time and for any reason, by giving specific written notice to Contractor of such
termination and specifying the effective date thereof, at least-thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other. materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Contractor shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Contractor hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Contractor agrees and to maintain, intact and readily accessible, ,all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Contractor and Subcontractors. The Contractor agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,.
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
Page 11
Two Partv.lgreernent 13etaveen L'aty of Chaala T/asta aged ~'annova 1'„acif~~ervdces, Inc
To 1'ravdde Street Sweeping Services. 211 - 2016 'F
C. Project Closeout. The Contractor agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Contractor agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Contractors. Contractor agrees to perform financial and compliance audits the
City may require. The Contractor also agrees to obtain any other audits required by City.
Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has
closed the Project, and either forwards the final payment or acknowledges that the Contractor
has remitted the proper refund. The Contractor agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Contractor are personal to .the City, and Contractor shall not
assign any interest. in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subcontractors identified as
"Permitted Subcontractors."
B. Ownership, Publication, Reproduction and Use of .Material. All reports,. studies;
information, data, statistics, forms, designs, plans, procedures, systems and an~ other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Contractor in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute; and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Contractor shall
perform as an independent contractor with sole control of the manner and means of
performing the services .required under this Agreement. City maintains the right -only to
reject or accept Contractor's work products. Contractor and any of the Contractor's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
Page 12
T:vo tarty Agreement Between Z'Ity of ~'haala vista and Fannon P,~g~~ r~ervdces, Inc
To Provide Street Sweeping Services. 2011 - 2016 ''++ ZZ33
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax,. social security tax or
any other payroll tax, and Contractor shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
Actions on Behalf of City. Except as City may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Contractor shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Contractor agrees and
shall require that it's agents, employees, subcontractors. agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person. or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this. reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Contractor shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals (Contract
Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that. Contractor prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Contractor shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Contractor is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Contractor and/or is principals is/are licensed with the State of California or
Page 13
Two Prarry.~greearpent Between L'ity of ~naeda vista aezd ~L'annora ~,pci ~~ervices, Inc
To Provide SPreet Sweeping Sen~iees. ZOI1 - 2018 'F
some other state as a real estate broker or salesperson. Otherwise, Contractor represents that
neither Contractor, nor its principals are licensed real estate brokers or salespersons.
Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such parry, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under. or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue, for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
FaQe 14
Two party A;reevnent ~er+veen City of L,~auZa vista and Lannon P,racifj~ ~ervic~s, I~ac
To provide Street.;weepin~ Services. 2D11 - 2016 `F L
Signature Page
to
Agreement between
City of Chula Vista and
Cannon Pacific Services, Inc.
to Provide Street Sweeping Services
IN WITNESS WHEREOF, City and Contractor have executed this Agreement, indicating
that they have read and understood same, and indicate their full and complete consent to its
terms:
Dated: City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
By:
Richard Hopkins,
Director of Public Works
Donna Noms, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
Dated:
Cannon Pacific Services, Inc
By:
Lee Miller, President and CEO
Page 15
T~vo tarty .agreement $etween flay of Claula Yasta grad Cannon ~aci x ~ervices. Iapc
To Provide Street Sweeping Services. 1011 - 201 S 4 L
Exhibit A
to
Agreement between
City of Chula Vista
and
Cannon Pacific Services, Inc.
1. Effective Date of Agreement: November 15, 2011
2. City-Related Entity ("City"):
(X) City of Chula Vista, a municipal chartered corporation of the State of California
O Redevelopment Agency of the City of Chula Vista, a political subdivision of the State
of California
O Industrial Development Authority of the City of Chula Vista,
a
O Other: ,
3. Place of Business for City: .
City of Chula Vista
Public Works/ Street Division
1800 Maxwell Road
Chula Vista, CA 91911
4. Contractor:
Cannon Pacific Services, Inc.
Attention: Lee Miller, President and CEO
5. Business Form of Contractor:
( }Sole Proprietorship
( )Partnership
(x) Corporation
6. Place of Business, Telephone and Fax Number of Contractor:
285 Pawnee Street
Suite A
San Marcos, California 92078
Phone (760) 943-9633 Ext. 305
AFTER HOURS EMERGENCY VOICE PHONE: (760) 801-7436; (760) 802-2286
FAX PHONE: (760) 602-0522
7. General Duties:
Page 16
T,vo Party :=1,;reement >~enueen ~Clry of ~C,ue1a Tv'ista and ~araaaora ~acilacn~ervdces, Inc
To Provide Street Sweeping Services. 2011 - 201 o G
Contractor shall provide sweeping of City streets, center islands/medians, center lines and
parking lots in accordance with the conditions stated herein, and in ;accordance with the
schedules listed in Exhibit "B", and "C" included herein.
Sweeping for all curbs, gutters, median curbs and painted islands,. centerlines, and road
shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and parking lots
located in the City and designated in this Agreement in Exhibit B and C or subsequently added
shall be performed in a manner consistent with that highest level of care and skill exercised by
members of the municipal street cleaning profession. There shall be no fines, sediment or debris
left at the curb, apron adjoining the curb, gutter or either end of the broom or pick-up head when
the fmal pass for sweeping a street, center line,' center median or island is complete. Standards of
performance shall include sweeping all. intersection curb returns and all cross gutters in a manner
such that no "diamonds," of fines, sediment, fractured glass or other debris remain.. If additional
passes through an intersection are required in order to adequately sweep both a return and a cross
gutter, the Contractor shall make the necessary passes without extra charges. On streets with
uncurbed median islands created by pavement striping, the median areas shall be swept their
entire width. When necessary for proper cleaning, Contractor shall make more than one pass on
a street, without extra charge.
The contractor shall be expected o hand collect any bulky item such as corrugated cardboard
which. the broom or pick-up head may reject. Over weight items such as concrete chunks, or
lumber shall be moved from the road to the immediate adjacent curb and immediately reported to
the number provided for City crews (619-397-6000).
8. Scope of Work and Schedule
The Scope of Work and Schedule contained herein is designed to establish an effective, efficient
and safe system of street cleaning and parking lot.cleaning that provides for the following
intended purposes:
Establish and maintain a continuous level of cleanliness of City streets in order to --
assure protection of the health, safety and welfare of the community.
Clean City streets in a systematic and coordinated manner that compliments solid waste collection
and other City services, by use of a routing system that will improve current street cleaning
practices while decreasing costs.
Increase the collection of fines, sediment, particulate, debris and any other materials on the street to
prevent them from entering the storm drain system as much as possible.
Provide deficiency reports indicating areas that cannot be swept and the reason for not sweeping.
8A. Detailed Scope of Work: The Contractor shall in a manner consistent with that highest
level of care and skill exercised by members of the profession clean all .curbs, gutters,
median curbs and painted islands, centerlines, road shoulders, turning lanes, alleys, cross
gutters, intersection curb return areas and parking lots located in the City as designated in
this Agreement in Exhibits B and C. Parking is not restricted for street sweeping purposes.
Page 17
Two Parry ~9~reearaerat Be!sveen City of ~7puda Y~fista atad ~'annora ~aci~acr~er~ices, Tnc y
To Provide Street Sweeping Services. 2011 - 2016 ~LL JJ
The Contractor shall sweep around any vehicle on City streets in a safe manner and missing
as little curb and/or gutter as possible.
The streets and parking lots to be cleaned, and the frequency of cleaning are listed in
Exhibits Band C. The lengths represent the City's best measurement. Payment will be
based on the quantities indicated with no adjustments except as provided herein.
Contractor is responsible for verifying measurements and inspecting all conditions prior to
submitting their bid and starting work. The streets and parking lots to be cleaned are
divided into the following categories:
(1) Class A: (Residential) Streets to be swept once every two months.
(2) Class B: (Business/Commercial) Streets to be swept once every two weeks.
(3) Class C: (Commercial} Streets to be swept-once every two weeks.
(4) Class D: Center islands and medians to be swept once every two months.
(5) Class E; Center lines to be swept once every two months.
(6) Class F: Non-curbed streets to be swept once every two months.
(7) Class G: Parking lots to be swept once every two months.
(8) Class H: Other special sweeping requested by the City at the rate stipulated within the
bid.
8B. Equipment Specifications and Maintenance: The type of street sweeping equipment used
by the Contractor shall be consistent with that highest level of quality and performance
currently available to the industry and shall be subject to the approval of the Street
Maintenance Public Works Manager. Vehicles and equipment used to perform the services
provided for herein shall be clean, and maintained in good mechanical condition at all
times. In addition, the following shall apply:
(1) Contractor shall use standard heavy-duty broom-type or regenetive air equipment that
will clean the streets of the City of paper, wet leaves, dirt, rocks and debris. Vacuum
type sweepers shall not be permitted except that small air or vacuum sweepers may be
permitted, if approved by the City, in cleaning the parking lots only. The broom,
brush or pick-up heads shall be applied with sufficient pressure to pick up said
material in one pass.
(2) The City requires use of at least three (3) street sweepers with one backup sweeper,
unless Contractor demonstrates to City's satisfaction that some lesser equipment
standard would adequately provide the services required by this Agreement. The City
prefers that the Contractor begin the agreement with new sweepers. The average age
of the fleet used including the back up sweeper shall not be more than 5 years of age
at any time during the initial term of the agreement and no sweeper shall be more than
seven (7} years old at any time during the full term and all extensions. Certification
Page 18
Two parry,~greevaaent Betwee~a L'ity of ~~sula Y?sf¢ raaad C'8ranoaa~aci~te~ervdces, Inc
To provide Street Sweeping Services. ZOII -101 d
shall be presented by the Contractor and approved by the Street Maintenance Public
Works Manager that any equipment over five years of age has been completely
overhauled and/or rebuilt to the City's satisfaction. All vehicles shall meet the latest
and best standard for vehicle air emissions; reduce sweeping particulate impacts, and
road safety.
(3) All equipment shall meet or exceed the South Coast Air Quality Management Districts
Rule 1186 for fugitive dust particulates of 10 microns (PM10) or less, and the California
Air Resources Board Standard for super ultra-low emission vehicles (SULEV).
(4) All equipment shall be equipped in accordance with existing State law, equipped with
safety lighting and markings appropriate for slow-moving vehicles, and shall be
equipped with a flashing light with the following characteristics:
(a) Visible for a minimum of one mile.
(b) Flash 60 to 96 times per minute.
(c) Mounted for 360-degree visibility.
(d) Equipped with amber lens.
(5) Contractor shall thoroughly clean and wash all trucks at least once each week and
shall otherwise keep them clean, neat and in sanitary condition at all times. All
vehicles shall be field inspected by someone other than the driver on a regular basis
but not less than quarterly for satisfactory service and leakage: All leaks discovered
shall be. immediately repaired: Mechanical brushes, brooms and pick-up heads shall
be maintained in proper condition and shall be replaced as recommended by the
manufacturer or when pick-up ability becomes impaired. or does not meet the
manufactures' stated performance standard as represented in the bid. All street
sweepers shall be equipped with adequate water systems for dust control. Each
vehicle shall at all times have in the cab the registration of the vehicle, certification of
insurance card, and an identification card with the name of whom to telephone in case
of an accident. Each vehicle- shall be .equipped with afive-pound fire extinguisher
certified by the State fire marshal, as well as a two-way radio or comparable wireless
telephone. Graffiti on any equipment shall be promptly removed. Cannon Pacific
Services, Inc. shall exercise all reasonable care and diligence in sweeping so as to
prevent spilling, scattering or dropping of waste or debris and shall immediately, at
the time of known occurrence or upon notification clean up any spillage.
(6) All street sweepers shall be equipped with a geographic positioning system (GPS)
connection to the City with real time and monthly report capacity for each vehicle that
indicates, date and time of service, vehicle identification and speed, broom or pick=up
head down time, mileage and route. The contractor shall provide the City with
information necessary to monitor the sweeper activity from City owned computers.
Pane 19
3'wo Parry.lgreea9aent ~etsveen ~'idy oJ'~C3auda T/isPa and ,Cannon ~acd~c~ervices, dose
To Provide Street Sweeping Services. 2011 - 2018 ~~LL
(7) Contractor shall provide any adequate support equipment including debris transfer
vehicles, pickup trucks, service trucks, tire trucks, and any other_item of equipment
necessary to provide sweeping services as described in these specifications.
(8) All equipment (including support equipment) to be used by the Contractor shall be
subject to the inspection and final approval of the City. Such approval may require
on-site demonstration of the .capability of any proposed equipment.
(9) Notice of Changes to Equipment. Contractor shall notify City prior to entering into
any contract for the purchase or lease of any vehicle of a design or color not pre-
approved by the City, or to changirig the signage on same, and shall meet and confer
with City in order to determine the appropriateness of same.
(10) The City shall have the option to perform a complete inspection of all vehicles at any
time throughout the term of the Agreement. Should any vehicle, when inspected, and
in the determination of the City, not meet standards that the City feels are necessary
to complete the Contract or to operate safely, the Contractor shall, at its cost,
immediately bring such vehicle to standard before being placed back in service;
however, duringthis repair time period, Contractor shall remain obligated to provide
full service under this Agreement at no additional cost.
(11) The City reserves the right over the life of this Agreement to reject any equipment for
use for sweeping City streets. The Contractor shall furnish at no additional cost
equipment satisfactory to the City.
(12} Nothing herein shall preclude the Contractor from substituting other equal equipment
occasionally for temporary purposes (up to 3 days) due to maintenance or other
factors upon prior notice to the City. Any change in sweepers more frequent than
once per month or more than three days shall be subject to the written approval of the
Street Maintenance Public Works. Manager. At any time during the life of this
Agreement; all equipment shall be available for inspection by the City upon 24-hour
notification to the Contractor.
(13) Equipment must have sufficient mufflers and other silencing devices to permit its
operation within City noise standards (no more than 55 dba within 25 feet of a
residence}. All equipment shall be subject to City approval prior to use.
8C. Other Requirements:
(1) The Contractor shall at no additional cost to the City place signs approved by the City
on the street sweeping equipment used in the. performance of the work, which signs
shall be visible from both sides and the rear of the vehicle and shall read "Under
Contract to the City of Chula Vista," in letters of at least 4 inches in height.
(2) The Contractor shall maintain an office within San Diego County, or provide an 800
telephone number, staffed by a responsible representative for receipt of requests from
8:00 a.m. to 5:00 p.m., Monday through Friday, not including approved holidays.
The Contractor shall provide a list of names and phone numbers of supervisory
Page 20
Two ~~arty Agreerrserat 1$etween pity of Chula Vista and cannon raet ervices, Inc
To provide Street Sweeping Services. 2011- 3010 ~ ~~
personnel who can be contacted on a 24-hour basis to respond to emergency needs.
The Contractor for the life of the Agreement shall keep this list current.
(3) The Contractor shall maintain, at its own expense, an adequate maintenance and
storage facility, located in San Diego County, to maintain and store the Contractor's
equipment inventory. Contractor shall provide documentation for' maintenance work
that is contracted by providing the name and address of the contracted maintenance
facility, the type of work contracted and the length of the contract. The City may, at
its sole discretion, provide a location for parking two (2) sweeper units and access to
the vehicle power-washing facility used for this Agreement at its Public Works
Corporate Yard located at 1800 Maxwell Rd in Chula Vista. The use of the facility
does not include use of the site for any mechanical repairs. The Contractor's use of
the site is subject to all local, state and federal law regarding vehicles. If the Street
Maintenance Public Works Manager determines that the Contractor has abused their
use of the site, .breached site security, or otherwise improperly used or failed to care
for the site, the Contractor's use shall be cancelled without appeal. Contractor agrees
to vacate premises within forty-eight hours' notice. Such cancellation shall not
constitute a change in rate charged the City. Should the Contractor elect to store
sweepers at the Corporate yard, Contractor agrees to perform special sweeps at the
conclusion of the following City events: Cinco de Mayo; The Lemon Festival; and
The Yule Tide Parade; and additionally sweep said Corporate yard and Maxwell
Road from Main Street to the northern property boundary routinely and/or as
requested by the Street Maintenance Public Works Manager, but no more than once
per two weeks. These services are considered compensation for use of the Corporate
yard for sweeper storage and use of the vehicle power-wash facility.
(4) The Contractor shall provide the name of a contact person and phone number for use
by the Street Maintenance Public Works Manager, or Designee, in case of routine
questions relating to the Agreement, sweeping days and times, new street additions,
and resolution of citizen complaints.
(5) Employees: Contractor shall provide top quality service by industry standards,
including competent, .qualified and sober personnel who serve the public in a
courteous, helpful and impartial manner. Subject to all applicable law, and the
provisions of collective bargaining agreements negotiated in good faith (a) City may;
at its option, require fingerprinting of Contractors employees or agents whose service
will cause them to enter onto or work in close proximity to private property; and (b)
Contractor shall hire employees without regard to race, religion, color, national
origin, sex, political affiliation, or any other non-merit factor. Any employee driving
a vehicle shall at alLtimes have in his/her possession a valid and appropriate license
issued by the State. Cannon Pacific Services, Inc. and its employees and agents shall
be required to wear clean clothing of a uniform type when engaged in sweeping
service on public streets and adhere to the drug free work place standards. Contractor
shall train all employees in the operation of vehicles, standards of performance
contained herein and the assigned routes for the City prior to assigning them to routes
independently. The City shall be notified at least 24 hours in advance whenever a
regular operator is replaced with an employee other than a standard replacement
Page 21
T,vo Parry agreement ~3etoveen City of Clanla vista and Cannon p,/acifj{'$ervlces, lnc
To Provide Street Sweeping Services. 2011 - 201 S ''FF LL
whose proficiency with the City has been confirmed, and new operators shall be
accompanied by a Contractor supervisor until their proficiency is assured.
8D. Standards of Performance:
(1) Sweeping for all curbs, gutters, median curbs and painted islands, centerlines, road
shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and
parking lots located in the City and designated in this Agreement in Exhibits B. C &
D or subsequently added shall be performed in a manner consistent with that highest
level of care and skill exercised by members of the municipal street cleaning
profession. There shall be no fines, sediment or debris left at the. curb, apron
adjoining the curb, gutter or either end of the broom or pick-up head when the fmal
pass for sweeping a street, center line, center median or island is complete. Standards
of performance shall include sweeping all intersection curb returns and all cross
gutters in a manner such that no "diamonds," of fines, sediment, fractured glass or
other debris remain. If additional passes through an intersection are required in order
to adequately sweep both a return and a cross gutter, the Contractor shall make the
necessary passes without extra charge. On streets with uncurbed median islands
created by pavement striping, the median areas shall be swept their entire width.
When necessary for proper cleaning, Contractor shall make more than one pass on a
street, without extra charge.
The contractor shall be expected to hand collect any bulky item such as
corrugated cardboard which the broom or pick-up head may eject. Over weight items
such as concrete chunks or lumber shall be moved from the road to the immediate
adjacent curb and immediately reported to the number provided for City crews.
(2} Sweeper speeds shall not exceed eight (8) miles per hour when sweeping.
(3) The Contractor shall maintain lists of locations that cannot be adequately swept
because of obstructions such as low hanging limbs.or vehicles that are parked on the
City streets for extended periods of time (deficiency reports). These deficiency
reports with locations and dates shall be turned into the Street Maintenance Public
Works Manager as soon as possible but no later than ten (10) days following the
Contractor having swept around the obstruction. Deductions may be made from
Contractor's payments for areas not swept due to obstructions that were not reported
to the Department.
(4) The Contractor shall promptly and as soon as practicably possible, repair or replace
all existing improvements that are damaged as a result of its operation.
Improvements, such as, but not limited to, curbs, gutters, driveways, or signs, shall be
repaired and replaced to a condition equal to or better than the original condition, and
no additional compensation shall be made by City.
(5) The Contractor is expected to clean the entire area of the City parking lots and shall
use vacuum hoses attached to their sweepers to remove material from areas the
sweeper cannot reach or brooms, air blowers or other methods in all parking lots to
move debris to a location where it can be swept up.
Page 22
Two Parry ,~~reenaent I3ehveen ~Cfry of ~Jaula T/ista and Cannon ~acru~c„~ervices, Inc
To Provide Street Sweeping Services. 2011 - 201 o LL 2253
(6) The Contractor shall dispose of all refuse collected by hauling the same to legally
established disposal areas at Contractor's expense.. Transfer points for storage of
sweepings must be approved by the City and in no case be stored in the City in excess
of five working days. The City shall approve disposal areas in advance.
(7) The Contractor shall provide security to such transfer points to prevent the spread of
the refuse by others or by nature, or the addition of debris to the .sweeping refuse by
others. Transfer points shall be kept clean at all times. The Department reserves the
right to inspect the transfer points, and if the Department determines the transfer
points are not being maintained properly, it will notify the Contractor to cleanup the
area. Said clean-up will be completed within 24 hours of notification.
(8) The cost for disposal of sweeping refuse, including any and all landfill fees, is
.included in the various unit price compensation rates, as designated herein, and no
additional compensation will be paid by the City. Therefore, except as stated in
Exhibit A, Paragraph 11, entitled "Compensation", receipts of disposal at the
established disposal site shall be prepared by the Contractor and may be
requested/reviewed by the City periodically.
(9) The Contractor shall make all necessary arrangements to obtain and pay for,water
necessary for the operation from the appropriate water district or authority. The
Contractor shall maintain an accounting of the amount of water used each day and
shall submit a copy of payment to the Water districts with their request for payment
from the City as soon as feasible but no less than quarterly for the previous water
billing periods}. Reclaimed water should be used to the .extent allowed by local and
state law and whenever operationally feasible: No additional compensation will be
paid by the City.
8E. Sweeping Schedule: Upon execution of the Agreement, the Contractor shall submit a
sweeping schedule ("Schedule") to the Street Maintenance Public Works Manager. The
Schedule shall identify the streets or neighborhoods and parking lots to be swept each
week. The Schedule shall provide for the sweeping of streets and intersections and parking
lots as shown on Exhibit B and C. The required Schedule must provide the following
information:
(1) Contractor shall. provide a list of proposed cleaning routes for a complete cycle of
cleaning, with identification of all streets to be cleaned on each route in sequence
("Routing Lists"). Routes shall show direction of travel and include head-in locations
and routes shall indicate start/end locations for each day's work. Maps of all routes
shall accompany the Routing Lists.
(2) The mileage for each street on each route must be identified as Right Hand or Left
Hand sweeping mileage. Each Route List must reference the segment of streets to be
swept. The total mileage for all proposed routes must equal the mileages contained in
Exhibit B, or as modified by the City as stated herein.
Page 23
Two t'artv.~~ree~e~at r3etwee~e L~ity of C.eaela Vista and L'nnnon $acd~~ervices, Inc
To Provide Street Sweeping Services. ?011 - ?015 4
(3) The Contractor shall schedule the hours of operation as approved by the Street
Maintenance Public Works Manager so as to sweep the streets when a minimum
number of vehicles are expected to be parked at the curb. The Contractor shall also
make every effort to schedule the sweeping on days following regular trash
collections, but in no event any closer than two days prior to trash pickup.
(4) The hours during which the sweeping shall be performed shall be at the discretion of
the Contractor, with the approval of the Street Maintenance Public Works Manager..
The Contractor may be required to do early morning sweeping, such as on certain
major streets and parking lots. No sweeping in residential areas shall be started prior
to 7:00 a.m., or conducted later than 4:00 p.m.
(5) The City has several areas where on street parking of adjacent residents prevents
adequate sweeping. City plans to provide public education to inform residents of the
sweeping schedule in their neighborhood to encourage off street parking during street
sweeping periods. The City may, in future, post signs to prohibit parking at certain
times or on alternate weeks -for each side of the street. City reserves the right to
require Contractor to revise the Schedule accordingly to provide an adequate level of
sweeping. The City will make every effort to coordinate those changes with the
contractor to make them as efficient for the Contractor and as convenient for the
residents as possible. No additional charge or payment shall be made therefore.
(6) All municipal and park parking lots shall be swept on a schedule to be determined by
the Street Maintenance Public Works Manager with the input of the Contractor. The
park parking lots are expected to have the least amount of vehicles between the hours
of 4:30 a.m. and 7:00 a.m., on Mondays while municipal parking lots may best be
swept on Saturdays between 9 a.m. and 3 p.m. The corners and any obstructed areas of
lots shall be cleaned with a vacuum house or other method or cleared with a broom or
blower and the entire surface area of each lot shall be swept. The Contractor shall
submit for approval a schedule indicating. the days and times that these lots will be
swept within 15 days of the award of the Contract.
8F. Adjustments to Street Sweeping Schedule:
(1) Holidays and Inclement Weather.
(a) When inclement weather, in the opinion of the Street Maintenance Public
Works Manager, prevents adherence to the Schedule for two or less days in a
given week, the sweeping areas so affected by the inclement weather shall be
swept at the discretion of the Street Maintenance Public Works Manager. Such
"make up sweeping," shall occur without interruption of the regular sweeping
schedule and no later than the following week from the date of the scheduled
sweeping for all Classes of service regardless of the frequency that they are
swept.. Missed sweeps for streets, medians, centerlines or parking lots shall be
deducted from the monthly rate. The Contractor shall perform all extra work
required by such inclement weather without additional charge.
Page 24
T,vo 1'arty.~greernent Between City o)`1r3aula %ista sand ~Cannoca ~aca'fac.Services, Inc
To provide Street Sweeping Services. 3011 - 3016 33 IIJJ
(b) As to holidays, when any holiday or observance as specified in the Government
Code of the State of California occurs on a regularly scheduled sweeping day,
the affected scheduled streets shall be swept without interruption in the regular
sweeping schedule or interference with the solid waste collection service. The
designated holidays for solid waste service are New Year's Day, Memorial Day,
Independence Day (Fourth of July}, Labor Day, Thanksgiving. and Christmas.
On those days and the remaining days of that week trash shall be delayed one day
(Friday's service is provided on Saturday). .The Contractor shall make any
adjustments necessary to follow trash service but no event any later than the third
day after trash collection. The Contractor shall perform make-up sweeping for
holidays at no additional cost to the City. The Street Maintenance Public Works
Manager may at his/her. discretion upon consultation with the Contractor cancel
service for one or more Classes of service on any holiday route and direct the
Contractor to deduct the mileage for that day from the monthly payment. The
Contractor shall perform make-up sweeping for holidays at no additional cost to
the City.
(c) In the event the Contractor is prevented from completing the sweeping as
provided in the schedule because of reasons other than inclement weather, the
Contractor shall be required at the City's discretion to complete the sweeping
services so deferred prior to the next regularly scheduled date at no additional
cost to the City, or give the City credit for the work not so performed at the unit
price compensation rates specified herein, if agreed to by the City.
Failure to sweep streets on schedule for reasons other than inclement weather or
acts not reasonably within the plan and control of the Contractor shall be subject
to the "Enforcement~Provisions," specified herein.
(2) Alteration by Agreement of Parties.
(a) The Parties may alter the street sweeping schedule by agreement. The
Contractor shall submit a new schedule in accordance with the provisions of
section 8E, above.
8G. Interpretation of Specifications: Should any discrepancy appear, or any misunderstandings
arise as to the meaning or interpretation of anything contained in these specifications, the
matter shall be decided by the Street Maintenance Public Works Manager, and the
interpretation of the Street Maintenance Public Works Manager shall be binding upon the
Contractor.
8H. Verification of Work:
(1) It shall be the responsibility of the Contractor to guarantee the execution of the
Agreement in accordance with its terms and specifications. In addition to any and all
other remedies provided hereunder, or at law or equity, Contractor`s failure to
perform any work required hereunder shall entitle the City to withhold payment with
respect to such work. The Street Maintenance Public Works Manager, or his/her
Page 2J
Two .~ariy .~flgreem~enr Between LaPy of ~Llanla Vista and Lannon T ei~~ l eTJices. i rac
To provide Street Sweeping Services. 2011 - 2016 4 3
designee ("Designee"), shall have the right to inspect and monitor the work
performed under the Agreement.
(2) As required in this Agreement, the Contractor shall submit the Schedule and Route
Lists for all scheduled cleaning upon award. These Route Lists will be reviewed for
accuracy and efficiency by the Street Maintenance Public Works Manager. The
Contractor shall meet with the Street Maintenance Public Works Manager to make
any necessary changes to the Route Lists or Schedule. Any subsequent changes or
revisions to the Schedule or Route Lists throughout the Term must have the prior
written approval of the Street Maintenance Public Works Manager.
The Schedule shall become the basis for:
(a) the Contractor's Routing Lists,
(b) .the City's inspection of sweeping,
(c) the invoicing of Route Lists completed, and
(d) payment by the City for services rendered.
(3) The Contractor shall prepare a monthly Schedule showing the Route List and submit
two copies to the City. In the event the Schedule is changed, the~Contractor shall
submit a revised Schedule to the City at least five (5) working days prior to the
change. In the event a Route List is. changed, the Contractor shall submit a revised
Route List and map of the proposed route. Such Route Lists and maps shall be
submitted for both Contractor and City initiated route changes, including additions
caused by acceptance of new streets into the City's maintained mileage, at least five
(5) working days prior to sweeping.
(4) The Street Maintenance Public Works Manager, or his/her designee, shall have the
right to monitor the Contractor's work performance. All streets cleaned by the
Contractor must present an appearance that is completely satisfactory to the Street
Maintenance Public Works Manager, or his/her designee, and within the guidelines of
the Standard of Performance contained herein. The City shall maintain a log of
inspections and will verify completion of the contractor's work with the Contractor at
a minimum of once per month. Any deficiency in the Contractor's performance shall
be reported to the Contractor within 24 hours following completion of work or as
soon as possible but no later than the next cycle of sweeping for that area. The
Contractor shall correct such deficiencies by no later than 24 hours following receipt
of such notice.
(5) In the event a street rehabilitation or improvement project is under construction or
will be under construction where cleaning is scheduled, that portion of a cleaning
cycle will be deleted from the appropriate Route List at the direction of the Street
Maintenance Public Works Manager. The section(s) of streets deleted may be re-
entered at the first scheduled cycle following completion of the rehabilitation. Such
deletions shall be reflected in the Contractor's request for payments. Prior to re-
Paae 26
Two party Agreement 3etween ~'ity of ~Claaela Vista ¢nd ~nnnon ~aca'~C, ier~ices, hae
To provide Street Sweeping Services. ZOII - 20I d _3 L
entering any such street into the cycle, the Street Maintenance Public Works Manager
shall make a field inspection and the Contractor to determine what cleaning will be
required by others. In no event will the Contractor be allowed additional
compensation by the Department for initial cleaning of a re-entered street following
rehabilitation or construction.
(6) In addition to the procedure for verification of work performed as described herein,
the Contractor shall lend .whatever necessary assistance the Department may request
with respect to verification of work performed.
8I. Additional Services: The City may from time to time require special sweeping on a
callback basis, such as for accidental spills, sweeping after special events or miscellaneous
needs. The per hour rate for these Additional Services is designated in Exhibit A,
Paragraph 10, entitled "Compensation." The amount charged for this callback work shall
be at the rates specified in the rate schedule in Paragraph l OD of this Exhibit A.
8J. Accidents: Any acid all accidents, regardless of how minor, involving another person,
private property, or vehicle shall be reported immediately to the City Police Department
and a Police report requested. The Street Maintenance Public Works Manager, and/or the
City Risk Manager, shall also be contacted immediately but no later than the next regular
business day.
8K. Date for Commencement of Contractor Services:
(x) Same as Effective Date of Agreement
() Other:
8L. 'Dates or Time Limits for Delivery of Deliverables: Not Applicable
8M. Date for completion of ,all Contractor services: This agreement shall be in effect for a
period of five years beginning November 15, 2011, and ending June 30, 2016. The City
may, at its sole discretion, extend this Agreement for two (2) additional two-year terms for
a maximum contract term of nine (9) years ending June 30, 2020.
9. Materials Required to be Supplied by City to Contractor
Contractor to supply all required materials.
Note to agreement: Per Bid 1-11/12, the City cannot supply fuel or allow Contractor to
refuel at City facilities. .
10. Compensation:
10A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Contractor as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Page 27
Two Party.-9~reesreent between City of ~'faaala llsta aved Z'annoia aca ervices, Inc
To i~rovide Street Sweeping Services. 2011 - 2016 ~ ~~
Single Fixed Fee Amount:
payable as follows:
Milestone/Event/Deliverable ("M/E/S") Amount or Percent of Fixed Fee
1.
2.
3.
() Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each MB/S on a percentage of completion
basis for each given M/E/S such that, at the end of each M/E/S only the
compensation for that M/E/S has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to the City if the
M/E/S is not satisfactorily completed. If the M/E/S is satisfactorily completed,
the City shall receive credit against the compensation due for that M/E/S. The
retention amount or percentage set forth in Paragraph 18 is to be applied to each
interim payment such that, at the end of the M/E/S, the full retention has been
held back from the compensation due for that M/E/S. Percentage of completion
of a MB/S shall be assessed in the sole and unfettered discretion by the
Contracts Administrator designated herein by the City, or such other person as
the City Manager shall designate, but only upon such proof demanded by .the
City that has been provided, but in no event shall such interim advance payment,
be made unless the Contractor shall have represented in writing that said
percentage of completion of the M/E/S has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
l OB. O Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Contractor
as are separately identified below, City shall pay the fixed fee. associated with each
phase of Services, in the amounts and at the times or milestones or Deliverables set
forth. Contractor shall not commence Services under any Phase, and shall not be
entitled to the compensation for a Phase, unless City shall have issued a notice to
proceed to Contractor as to said Phase.
Phase Fee for Said Phase
1. ~
2. $
3. ~
OInterim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis
Page 28
Two Parry.$gree»aent ~ehveen Wiry of Ca~ala vista and Cannon aca ervices, Inc
To Provide Street Sweeping Services. 20II - 201 S ~ ~~
for each given phase such that, at the end of each phase only the compensation for
that phase has been paid. Any payments made hereunder shall be considered as
interest free loans that must be returned to the City if the Phase is not
satisfactorily completed. If the Phase is satisfactorily completed, the City shall
receive credit against the compensation due for that phase. The retention amount
or percentage set forth in Paragraph 18 is to be applied to each interim payment
such that, at the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall be
assessed in the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City Manager shall
designate, but only upon such proof demanded by the City that has been provided,
but in no event shall such interim advance payment be made unless the Contractor
shall have represented in writing that said percentage of completion of the phase
has been performed by the Contractor. The practice of making interim monthly
advances shall not convert this agreement to a time and materials basis of
payment.
l OC. O Hourly Rate Arrangement
For performance of the Defined Services by Contractor as herein required, City shall
pay Contractor for the productive hours of time spent by Contractor in the
performance of said Services, at the rates or amounts set forth in the Rate Schedule
herein below according to the following terms and conditions:
() Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Contractor of time and materials in excess
of said Maximum Compensation amount; Contractor agrees that Contractor will
perform all of the Defined Services ,herein required of Contractor for
$ including all Materials, and other
"reimbursables" (Maximum Compensation). .
() Limitation without Further Authorization on Time and Materials Arrangement
At such time as Contractor shall have incurred time and materials equal to
$ (Authorization Limit), Contractor shall not be
entitled to any additional compensation without further authorization issued in
writing and approved by the City. Nothing herein shall preclude Contractor
from providing additional Services at Contractor's own cost and expense. See
Exhibit B for wage rates.
() Hourly rates may increase by 6% for services rendered after [month], 20_; if
delay in providing services is caused by City.
lOD. (X} Other
(X) Annual Maximum Compensation.
Page 29
T-,vo parry .3greemer~t ~etweera ~~ity of ~'leula vista ar¢d Car~~aon aaca ervaces, Irac
To provide Street Sweepdxg Services. 2011 - 20I B ~ ~~
For the Term of this Agreement, including any extensions hereto, there shall be an annual
maximum compensation amount for the performance of Defined Services ("Maximum
Compensation"). The Maximum Compensation for a particular fiscal year during the term of
this Agreement, or any extension thereof, shall be equal to that amount approved by Council for
ORG KEY #16733-6401 for the applicable fiscal year. The Maximum Compensation amount
approved for Fiscal Year 2011-2012 is $150,000.
(X) Rate Schedule.
Payment under this Agreement shall be made on a monthly basis for curb miles;
pass miles, or square footage, as appropriate, which Contractor adequately
demonstrates to the City was actually cleaned, pursuant to the standards set
forth herein; at the following rates; provided, however, in no event shall
Contractor be entitled to compensation in excess of the sum of (a) compensation
corresponding to the sweeping indicated in Exhibit B and, which numbers
constitute the per frequency related to curb mile, pass mile or square footage
scheduled by City under the terms of this Agreement; plus (b) compensation
corresponding to additional services. Such numbers shall be further subject to
adjustment by the addition or subtraction of streets or parking lots or other
deductions or offsets expressly provided herein.
(1) Class A Streets to be swept once every two months, at the rate of $ 16.38
per curb- mile
(2) Class B Streets to be swept once every two weeks, at the rate of $ 16.38
. per curb mile
(3) Class C Streets to be swept once every two weeks, at the rate of $ 12.00.
per curb mile
{4) Class D Center islands and medians to be swept once every two months, at
the rate of $ 16.38 per curb mile
(5) Class E Center lines to be swept once every two months, at the rate of $
12.00 per pass mile
(6) Class FNon-curbed streets to be swept once every two months, at the rate
of $ 12.00 per curb mile
(7) Class G Parking lots to be swept once every two months, at the rate of $
.00001 per square feet.
(8) Class H Other special sweeping requested by the City at the following
rates:
Streets Weekdays: Hourly rate of $ 85.00 per hour
Streets Weekends and Holidays: Hourly rate of $ 100.00 per hour
Streets Mileage rate/per curb/pass mile: $ 17.00 per curb/pass mile
Page 30
Two Party .~greernent ~et•,veen Cirj of Chula Vista arad Cannon ~aci~c,Servi,ces, Inc
To Provide Street Sweeping Services. 2011- ?016 b
Parking Lots: Area rate of $ .15 per 100 square feet
{X) Requests for Partial Payment.
Request for partial payment must be made in duplicate to the Street
Maintenance Public Works Manager and include the following:
(1) Claim for payment in a format approved by the City.
(2) Cover invoice showing curb or pass miles swept or parking lot square
footages swept and an extension in dollars at unit price compensation rate.
(3) Copy of Route lists for the invoiced period, showing the date each street
was cleaned, the total mileage. for the period and the initials and signature
of the Contractor`s representative.
(4) The GPS report for each vehicle, for each day showing speed, mileage,
travel times and broom-down sweeping times labeled to indicate the route
or routes swept and initialed by the Contractor's representative.
(5) A monthly statement with the dates and the times for each parking lot
swept. A month prior, the Contractor shall provide a letter to the Street
Maintenance Public Works Manager indicating the anticipated dates and
times the parking lots will be swept.
(X) Substantiated Work.
Payment shall be made on the basis of actual, substantiated curb or pass miles,
or square footage swept at the appropriate unit price compensation rate except
that deductions shall be made for streets or areas not swept. Such deductions
shall be made on the basis of curb or pass miles or square footage not swept at
the appropriate unit price compensation rate. Deductions may also be made for
streets or areas not properly swept according to the standards indicated herein.
(X) Price Adjustments.
Prices bid shall be firm for the first two years of the Agreement (11/15/11 -
06/30/13). Adjustments for the third through fifth year and the two (2) two-year
options to renew shall be based upon the All Urban Consumers/All Items
Component of the San Diego Metropolitan Area Consumer Price Index, as
published by the Bureau of Labor Statistics, for the preceding twelve month
period; (CPI increase), up to a maximum of 6% per year.
(X) No Additional Compensation.
The cost for disposal of sweeping refuse, including any and all landfill fees, shall
be included in the various bid schedule prices, and no additional compensation
will be paid by the City. Therefore, except as stated in Exhibit A, Paragraph 10,
Page 31
T:vo party.-l~reemetTt ~etwee:t City of Llacala is~~ and C~anrao;a 4aci~~ervtces, Inc
1'o Provide Street Sweeping Services. 2011 - 201 b
entitled "Compensation", receipts of disposal at the established disposal site
shall be prepared by the Contractor and may be requested/reviewed by the City
periodically.
(X) Waste.
The Contractor shall not haul waste generated from the City using vehicles and
employees of any person other than the Contractor's own labor and equipment or
the City's franchise hauler. The City reserves the right to direct the Contractor to .
remove and convey waste generated under the Agreement to a Pacific.
Waste/Allied Facility (the Otay Landfill) and make an appropriate adjustment if:
1) The Contractor has not demonstrated that the proposed location and method for
disposal is approved by the CA Integrated Waste Management Board and
acceptable to the City, 2) that the indemnity provided by the disposal location
does not transfer to the City, or 3) the rate for hauling and disposal quoted by the
Contractor is more than the rate the City can obtain. Whenever possible, the City
prefers that the material, generated from street sweeping is diverted through
recycling or composting. The City reserves the right to direct the Contractor to
use the City's franchise hauler to remove and convey waste should the Contractor
seek to haul waste outside the City using the vehicles and employees of any
person other than the Contractor's own labor and equipment.
(X) Debris Testing.
The Contractor will be responsible for performance and payment of the Bi-
Annual Street Sweeping Debris testing which includes Special Waste Profile, Re-
cerEifications, Applicable Title 22 Metals (CAM17) and the Wet CSTLC (when
the total results of the trigger lOX their STLC value) TPH Gas, Diesel &
extended range, VOC's 8260. Testing cost to be included in the unit cost.
(X) Extraordinary Circumstances.
Right to Request Increases Based on Extraordinary Circumstances.
Notwithstanding the foregoing, the Contractor may submit a request to the City
Council for additional rate relief at any time extraordinary expenses are incurred
beyond Contractor's reasonable control. City Council reserves the right to
approve or disapprove such a request in its sole discretion.
(X} Most Favored Nation Rate.
Notwithstanding any provisions in this section to the contrary, in the event that,
during the Term of this Agreement, the Contractor or any affiliate thereof agrees
to a rate or rates for sweeping streets and parking lots under an agreement (or
equivalent contract) within the County of San Diego with a public agency which
is/are lower than the rate or rates then in effect for the corresponding services}
charged the City, then the Contractor shall immediately make such lower rates
available and applicable to this Agreement.
Page 32
Two Party ,-lgreernent BePweert ~'aty of ~Chtela lasts and cannon 4 cif,Ge~ervices, Inc
To Provide Street Sweeping Services. 2011 - 2015 ;;jj
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Contractor in the performance of
services herein required, City shall pay Contractor at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Expense Cost or Rate
O Reports, not to exceed $ $
O Copies, not to exceed $ $
O Travel, not to exceed $ $
O Printing, not to exceed $ $
O Postage, not to exceed $ $
O Delivery, not to exceed $ $
O Outside Services: $
O Other Actual Identifiable Direct Costs: $
not to exceed $ $
,not to exceed $ $
12. Contract Administrators:
City:
Tim Ripley
Street Maintenance Public Works. Manager
619-397-6043
Contractor:
Lee Miller
President and CEO
Cannon Pacific Services, Iric.
760-943-9633 ext. 305
13. Liquidated Damages Rate:
( )$ per day.
(x) Other: See Exhibit "D" Enforcement Summary
14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of
Interest Code (Chula Vista Municipal Code chapter 2.02):
(x) Not Applicable. Not an FPPC Filer.
O FPPC Filer
O Category No. 1. Investments, sources of income and business interests.
Page 33
1'wo parry ~9;reervent Serveeaa pity of l;3zaala Vista ~s~d ~artrton aca c ervices, d~ac
To provide Street Sweeping Services. 2011 - 2018
O Category No. 2. Interests in real property.
O Category No. 3. Investments, business positions, interests in real property, and
sources of income, subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
() Category No. 4. Investments and business positions in business entities. and
sources of income that engage in land development, construction or the
acquisition or sale of real property.
O Category No. 5. Investments and business positions in business entities and
sources of income that, within the past two years; have contracted with the City
of Chula Vista or the City's Redevelopment Agency to provide services,
supplies, materials, machinery or equipment.
() Category No. 6. Investments and business positions in business entities and
sources of income that, within the past two years, have contracted with the
department administering this Agreement to provide services, supplies,
materials, machinery or equipment.
O List Contractor Associates interests in real property within 2 radial miles of Project
Property, if any:
15. Contractor is Real Estate Broker and/or Salesman
(X) N/A
16. Permitted Subcontractors: None
17. Bill Processing:
A. Contractor's Billing to be submitted for the following period of time:
(x) Monthly
() Quarterly
() Other:
B. Day of the Period for submission of Contractor's Billing:
OFirst of the Month
O 15th Day of each Month
Page 34
Two Parry ~9greement Between City of Cr'aala vista and L'annors 4acifyc~ervdces, Inc
To Provide Street Sweeping Services. 3011 - ZOI6 44
(x) End of the Month
()Other:
C. City's Account Number: 16733-6401
18. Security- for Performance
(x)Performance Bond, 100% of the amount of the contract price.
( )Letter of Credit, $
O Other Security:
Type:
Amount:
(} Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Contractor sooner, the City.
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
() Retention Percentage: 10
O Retention Amount: $
Retention Release Event:
O Completion of All Contractor Services
O Other:
Page 35
Two Party ,Agreevnent between City of ~,~rula Vista acid Caaanora acaf c ervices, Iac
To Provide Street Sweeping Servlees. 2011 - 2016
EXHIBIT B
CITY OF CHULA VISTA SCHEDULE OF SWEEPING
EXISTING EXISTING
LINEAR FEET CURB MILES
SWEEP CLASS A
TOTAL RESIDENTIAL STREETS
SWEPT ONCE EVERY TWO MONTHS
------------------------------
------------- 3,465,580
----------------- 656.36
--
-
---------------------------
SWEEP CLASS B
TOTAL BUSINESS/COMMERCIAL STREETS
SWEPT ONCE EVERY TWO WEEKS 639,461 121.11
SWEEP -CLASS C
TOTAL COMMERCIAL STREETS
SWEPT ONCE EVERY TWO WEEKS 55,440 10.50
SWEEP CLASS D
TOTAL CENTER ISLANDS AND MEDIANS
SWEPT ONCE EVERY TWO MONTHS
------------------------------------ 393,730
---------------- 74.57
------------
----------------------------------
SWEEP CLASS E
TOTAL CENTER LINES
SWEPT ONCE EVERY TWO MONTHS 242,352 45.90
(PASS MILES)
SWEEP CLASS F
TOTAL NON-CURBED STREETS
SWEPT ONCE EVERY TWO MONTHS 102,432 19.40
-------------------------------------------------------------------------------------------
SWEEP CLASS H
OTHER SPECIAL SWEEPING REQUESTED BY THE CITY AT THE RATE STIPULATED
WITHIN THE BID
Page 36
Two Party.igreenrent 73etween ~C'lty of Chaala Yista and Cannon .~„acifr~ ~ervices, Inc
To Provide Street Sweeping Services. 2011 - ?016 4
EXHIBIT C
CLASS G CITY OF CHULA VISTA PARKING-LOTS SWEPT EVERY TWO MONTHS
- *Eucalyptus Park (47 Fifth Ave: /upper and lower lots)
- *Rohr Park (4548 Sweetwater Rd. / 3 separate lots)
- Public Parking Lot# 2 (Landis Av and Davidson St, N/E corner)
- Public Parking Lot# 3 (Across from 280 Landis Av.)
- Memorial Park/Parkway Gym (385 Park Way)
-Norman Park Center (270 F St.)
- Lauderbach Park/Center (333 Oxford St.)
- Rienstra Park/Max Field (1500 Max Av.)
- Loma Verde Park (1420 Loma Ln.)
- SDG&E Park (1450 Hilltop Dr.)
- Hilltop Park (780 Hilltop Dr.)
- Civic Center Library (365 F St.)
- Discovery Park (700 Buena Vista Way.)
- Terra Nova Park. (45.0 Hidden Vista Dr.)
- South Chula Vista Library (1427 Fourth Av.)
- Horizon Park (970 East Palomar St.)-
- Ken Lee Building (430 F St.)
- Montevalle Park (840 Duncan Ranch Rd.)
- Mountain Hawk Park (1475 Lake Crest Dr.)
- Salt Creek Park (2710 Otay Lakes Rd.)
- Veterans Park (785 East Palomar St.)
Civic Center area
TOTAL
69,710 sq. ft.
205,404 sq. ft.
25,520 sq. ft.
24,132 sq. ft.
20,913, sq. ft.
13,200 sq. ft.
19,350 sq. ft.
85,083 sq. ft.
88,468 sq. ft.
11,329 sq. ft.
10,877 sq. ft.
59,864 sq. ft.
64,670 sq. ft.
15,370 sq. ft.
82,780 sq. ft.
7,800 sq. ft.
35,000 sq. ft.
148,252 sq. ft.
.23,042 sq. ft.
119,064 sq. ft.
28,266 sq. ft.
16,640 sq. ft.
1,174,734 sq. ft.
Additional parking lots shall be swept on an as-needed basis, to be paid at the per sgft rate, in
accordance with section "H" of the bid form.
Page 37
T.vo pariv . lgreement Set+veen pity of C~ada vista and Cannon acaf c ervsces, Inc
To provide Street Sweeping Services. 2011 - 2016 T T
Enforcement Summary & Incentives --
Exhibit D
The parties agree that calculating the full damages caused by Cannon Pacific Services, Inc. failure to adhere to
performance standards is difficult if not impossible to ascertain. Consequently, the parties agree that the
following liquidated damages schedule shall reflect liquidated damages that shall be payable to .City in
accordance with the terms hereof.
lt
P
Service y
ena
Indicator Description Amount
1 Missed Sweep, Failure To Sweep street, median, centerline, cross gutter, curb $10.00
r eturn parking lot. or other approved duties.*
Additional Business Da After Receivin Notification From Ci $10.00
2 Failure to report Failure To Notify fhe City Risk Manager or Special Operations $100.00
Property damage .Manager with Name, location and nature of accident no later than
(within 24 hours) the beginning of the next business day.
Failure To Respond In Writing (and cc City) to a Damage Claim
Within 30 Da s of Recei t And Initiate a Process to Resolve. $100.00
f
h d 00
$100
3 Failure to provide ay o
Continued access to full GPS report for each vehicle and eac .
GPS service.
Value of swee for da and:
4 Workin GPS Each additional da Failure to maintain workin GPS. $50.00
5 GPS dece tion Per da fee for any attem t to alter the accurate readin and re ortin $500.00
6 Failure to report Notify the City within the time allotted per incident: (mile or lot rate as $
7 deficient
Exceeds maximum a ro riate)
For each hour or part thereof that the sweeping speed exceeds the eight
$50.00
speed while (8) miles per hour contract limit:
8 swee in
Vehicle Emissions
Vehicle does not meet fuel emissions or particulate standard
$25.00
Each Additional Da Problem Not Resolved. $5.00
9 Equipment & Standards, Signage not appropriate and staff not uniformed. $25.00
10 Personnel
Equipment Change
Use of Equipment not Pre-Approved by the City
$100.00
Each additional Da not cured $100.00
11 Spillage Or Litter Failure To Make A GoodFaith Effort To Clean Up Spillage Or Litter $15.00
Within 90 Minutes or hand ick lar a items.
1. Right to Cure. In each case where a cure for unsatisfactory performance can be rendered within the same
day, 24 hours or a time specified period, and the cure and time period are acceptable to the City, Cannon Pacific
Services, Inc. may cure the incident without penalty.
2. Following Day Obligations. In each case where a cure for unsatisfactory performance can be rendered
within a specified time period, if the expiration of such time period falls on anon-business day, Cannon Pacific
Services', Inc. right to cure shall be extended until the following business day.
Page 38
Two Parry ~lgreeanent Between •City of ~.h~efa Vista and~Cunraon acafc ervtces, Inc
To Provide Street Sweeping Services. 2011 - 301 S T
3. Penalties for Additional Days in Breach: Minor Violations. Cannon Pacific Services, Inc: may obtain
relief from "Each Additional Day Late" damages by providing notice to City of the problem and by diligently
proceeding to cure the problem as quickly as possible, subject to City's approval. The City will not
unreasonably. withhold a request for additional time to cure.. In addition, minor occasional violations with
advance.notice from Cannon Pacific Services, Inc: and prompt cure may be excused at the discretion of the
Street Maintenance Public Works Manager.
4. Right to Appeal. Contractor will have the right to appeal any City assessment to the Street Maintenance
Public Works Manager, whose decision shall be final.
Pa6e 39
Two ~arry.~greefnerat ~eiween ~'ity of C'iaultt vista and ~Canvaon~aci4c~ervices, Inc
1'o t'rovide street sweeping Services. 2011 - 201 b