Water Truck Services, Inc ~ 1 )
Contract#
CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
STREET SWEEPING SERVICES
This Agreement made and entered into this =d day of November, 2010 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City", and Water Truck Services, Inc., hereinafter
called"Contractor", collectively known as the"Parties."
RECITALS
Whereas, Contractor has submitted a bid or proposal to City to provide specific services; and
Whereas, Contractor is in the business of providing specific services and is aware of the purposes for which City
requires the services;and
Whereas, City and Contractor wish to enter into a contract under which City shall purchase the services described
in Contractor's bid or proposal;
Therefore,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to street sweeping as detailed in Exhibit A — Scope of Services
and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed,together with an executed copy of this
Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended, on November 30, 2011. All services shall be completed prior to the
expiration of this Agreement.
The City and Contractor may agree to renew the contract for an additional four (4) one-year periods. The
Contract must submit their desire to renew the contract in writing 60 days prior to the anniversary date of
the contract. The Contractor may submit a revised cost proposal during this renewal period. The
Contractor's revised cost must not exceed the Pordand-Salem, OR-WA CPI as provided by the Oregon
Employment Department. The City will provide the Contractor with a response to the request not less than
30 days prior to the contract's anniversary date. In accordance with Tigard's Public Contract Rules, the total
term of the contract shall not exceed 5 (five) years.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Two Hundred Fifty Thousand Five Hundred and
No/100 dollars ($250,500.00) in the first year of the contract for performance of those services described
herein. Payment shall be based upon the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the
City, and not more frequently than monthly. Payment shall be made only for work actually
completed as of the date of invoice.
B. Contractor's invoice shall include a detailed cost breakout of the following contract components
each month:
1) Routine sweep,
2) Debris tonnage,
3) Parking lots,and
4) Special sweeps
C. Payment by City shall release City from any further obligation for payment to Contractor, for
services performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the
prosecution of this work.
E. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
F. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services
furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay
such claim and charge the amount of the payment against funds due or to become due the
Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety
from obligation with respect to any unpaid claims.
H. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one work week except for individuals under the contract who are excluded under ORS
653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
I. Contractor shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical, hospital care or other needed care and attention incident to
sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for
such services and all moneys and sums which Contractor collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of providing or paying for
such service.
J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of
this contract.
4. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent
of the other and any attempted assignment or transfer without the written consent of the other party shall be
invalid.
5. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery,mail or fax. Payments may
be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit
notices,bills,payments,and other information:
Attn: Vance Walker, Streets Supervisor Attn: Don Lauinger
Address: 13125 SW Hall Blvd. Address: PO Box 1130
Tigard, Oregon 97223 Wilsonville, Oregon 97070
Phone: 503-718-2606 Phone: 503-682-2723
Fax: 503-684-7297 Fax: 503-570-0779
Email: vance(cz�dg rd-or.gov Email Address: watertruckservice@yahoo.com
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6. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the 30`h day of
November, 2011 shall be accompanied by thirty(30) days written notice to the other party prior to the date
termination would take effect. There shall be no penalty for early termination. If City terminates the
contract pursuant to this paragraph, it shall pay Contractor for services rendered prorated to the date of
termination.
7. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to
this Agreement for the purpose of making audit,examination,excerpts and transcripts.
8. FORCE MAJEURE
Neither City not Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the
parties so disenabled,including but not restricted to,natural disaster,war, civil unrest,volcano, earthquake, fire,
flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days
from the beginning of such delay,notify the other party in writing of the cause of delay and its probable extent
Such notification shall not be the basis for a claim for additional compensation. Each party shall, however,
snake all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of
the cause,diligently pursue performance of its obligation under the Agreement
9. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation
statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990,
ORS 659.425,and all regulations and administrative rules established pursuant to those laws.
10. INDEMNITY/HOLD HARMLESS
Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of action of
any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of
whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors,
agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that
arises out of City's sole negligence.
11. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work
hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and
coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
B. Business Automobile Liability Insurance
If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor
shall provide City a certificate indicating that Contractor has business automobile liability coverage for
all owned,hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less
than$2,000,000. Said insurance shall name City as an additional insured and shall require written notice
to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to make delivery,
Contractor shall ensure that said carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that are
either subject employers under the Oregon Workers' Compensation Law and shall comply with
ORS 656.017,which requires them to provide workers' compensation coverage that satisfies Oregon
law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state
employers must provide Oregon workers' compensation coverage for their workers who work at a
single location within Oregon for more than 30 days in a calendar year. Contractors who perform
work without the assistance or labor of any employee need not obtain such coverage. This shall
include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident.
D. Insurance Carrier Rating
All coverage provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance cattier(s) with an
unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effected until the required certificates have
been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or
loss caused by negligence or neglect connected with this contract.
12. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing
party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness
fees (expert and non-expert),attorney's fees and court costs on appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws,rules and regulations,including, but
not limited to, the requirements concerning working hours, overtime, medical care, workers compensation
insurance, health care payments, payments to employees and subcontractors and income tax withholding
contained in ORS Chapter 279B,the provisions of which are hereby made a part of this agreement.
14. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict between the
terms of this instr ment in the proposal of the contract, this instrument shall control and nothing herein shall
be considered as an acceptance of the terms of proposal conflicting herewith.
15. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of
competent jurisdiction,the validity of the remaining terms and provisions shall not be affected to the extent that
it did not materially affect the intent of the parties when they entered into the agreement
16. INDUSTRUL ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or
subcontractors incur during the performance of this Agreement
17. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the
parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a
provision in the main body of the Agreement and a provision in the Exhibit, the provision in the main body of
the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall
control. No modification of this Agreement shall be effective unless and until it is made in writing and signed
by both parties. No waiver, consent,modification, or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,agreements,
or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature
of its authorized representative, hereby acknowledges that Contractor has read this Agreement, understands it
and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer
and Contractor has executed this Agreement on the date hereinabove first written.
Approved by Tigard's Local Contract Review Board: November 09,2010
CITY OF T ARD WATER TRUCK SERVICES,INC.
By:Auth4ed City Representative By:Au rized Contractor Representative
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Date Date
10
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EXHIBIT A
SCOPE OF SERVICES
Work shallinclude,but shall not be limited to the following:
A. SCOPE OF WORK
The Contractor shall provide street sweeping and/or street flushing and removal of debris as required for
approximately 280 sweeping miles of Tigard streets (both sides of street). The term"street" shall include the
paved area between the normal curb lines of the roadway, whether or not an actual curb exists. Islands that
separate directional traffic and contain a curb shall be considered in the "curb sweeps" and shall be swept in
the same manner as a normal street curb. Street sweeping shall normally consist of a single pass over a given
area with a regenerative air or vacuum sweeper. Street flushing shall normally consist of flushing debris to
the gutter line with water, followed by sweeping to pick-up the debris. Sweeping and/or flushing shall be
performed in the same direction as the traffic flow at all times. As new streets are constructed and/or
accepted by the City, a list of these streets will be provided to the contractor, and then included in the
regular monthly schedule.
B. CONTRACTOR'S REPRESENTATIVE
Before starting work, the Contractor shall designate an authorized representative in writing, who shall have
complete authority to represent and to act for the Contractor in all directions given by the City's Contract
Administrator or designee. The Contractor or the authorized representative shall give efficient supervision
to the work,using the best skill and personal attention to the prosecution of the work.
Upon written request by the City's Contract Administrator, the Contractor shall promptly remove
incompetent, careless or negligent employees or agents from performing work under this Contract. Failure
to comply with such request is sufficient grounds for termination of the Contract.
C. CONTRACTOR'S WORK SCHEDULE
All City streets shall be swept once per month. The Contractor's sweeping shall be approved by the City's
Contract Administrator or designee. Street sweeping for business and high traffic main boulevards will be
done between the hours of 4:00 a.m. to 7:00 a.m. and residential areas shall be swept between the hours of
7:00 a.m. and 7:00 p.m.
If the work performed does not correspond to the schedule, the contractor shall submit a revised schedule
when requested by the City's Contract Administrator or designee.
D. DESIGNATED CITY PARKING LOTS TO BE DETAILED AND SWEPT
The Contractor shall detail and sweep the following City parking lots once a month. The City shall
compensate the Contractor for detail and sweeps performed under this paragraph at the monthly rate
specified in proposal.
• Tigard City Hall,Permit Center&Police Dept., 13125 SW Hall Boulevard. (78,000 sq. ft.)
• Niche Building, 8720 SW Burnham Street (17,800 sq. ft.)
• Public Works Building(front lot only),8777 SW Burnham Street(26,800 sq. ft.)
• Public Works Building, 12800 SW Ash Avenue (62,700 sq. ft.)
• Tigard Senior Center, 8815 SW O'Mara Street (34,600 sq. ft.)
• Tigard Public Library, 13500 SW Hall Boulevard (48,900 sq. ft.)
• Summerlake Park, 11450 SW Winterla.ke Drive (8,700 sq. ft.)
• Cook Park, 17005 SW 92nd Avenue
♦ West Parking Lot-N of baseball fields to the W of 92nd (44,300 sq. ft.)
♦ East Parking Lot—N&E of restroom facility to the E of 92nd (99,000 sq. ft.)
♦ Park Interior Below Gate — Including street, parking offshoots, and other parking areas/lots
(124,000 sq. ft.)
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E. SWEEPING DEBRIS
The term "sweeping debris" shall include, but is not limited to, all dirt, rocks, sand, gravel, sticks, leaves,
paper, cans, and other miscellaneous items which are normally picked up by a street sweeper. The term
"sweeping debris" shall not include large items that cannot be picked up by a mechanical sweeper or would
otherwise damage the sweeper.
F. DEBRIS REMOVAL
Contractor must possess a roll-off truck. Preference will be given to a 1999 model or newer, however older
models may be acceptable. Roll-off truck shall have a minimum payload capacity of 12.5 tons.
Contractor shall not dump debris on the ground. Contractor may provide their own drop boxes and their
own transport equipment to haul debris or the Contractor must use the local designated City waste disposal
franchise to haul debris. Drop box minimum capacity shall be no less than 11.5 cubic yards.
Contractor shall make prior arrangements with the City's Contract Administrator or the assigned designee
for the placement of all drop boxes to be used for the dumping of street sweeping debris. Contractor shall
provide reflective cones or other highly visible devices to mark drop boxes at their location. Debris boxes
shall be removed daily.
The contractor is required to have a back-up means of handling sweeping debris in a case of primary
equipment failure.
G. HANDLING AND DISPOSAL OF DEBRIS
Contractor shall have an operating screening plant using a one (1) - inch or finer screen and equipment on
impermeable surface with sand-oil-water separator for the processing of material prior to final disposal. Best
management practices shall be followed as closely and in as practical a manner as possible.
With the exception of sweeping debris that is predominantly comprised of leaves, sweeping debris under this
contract will not be used, added, blended, or modified in any way to make a product, or as to risk
contaminating a product that will be given, sold or make its way for public use. For this reason, recycling
centers will generally be considered unacceptable for the processing of sweeping debris.
All unscreened sweeping debris will be disposed of at a D.E.Q. approved disposal site or transfer station for*
solid wastes. Debris wastes shall be disposed of as dirt fill after testing to identify any possible
contamination and only after plastics, papers and other trash and solid wastes have been removed using a
one (1) —inch or finer screen system.
Sweeping debris predominantly comprised of leaves may be suitable feed stock for compost. In the months
of November and December sweeping debris loads that are predominately comprised of leaves may be
allowed to be disposed of at permitted compost-recycling facilities.
Any exemptions to these specifications must be approved in writing by the City, local D.E.Q., and/or
permitting authorities.
Contractor shall include in their proposal a detailed description of-
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f• Who is managing the process of the debris;
• How the debris is being handled;
• Where the debris is being disposed; and
0 A description of equipment used.
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Waste processing facilities may be subject to inspection prior to contract award.
H. WASTE SITES
The Contractor shall operate waste storage sites in such a manner as to meet all safety and health
requirements of state and local agencies. Site operations or the result of such operations which create a
nuisance problem, or which result in damage to public and private properties will not be permitted.
The Contractor will be responsible for obtaining the necessary permits for dumping at waste sites provided
by the Contractor.
I. SOLID WASTE PERMIT
If the Contractor is not set up to process sweeping debris and proposes to process sweeping debris through
a sub-contractor before final disposal, sub-contractor shall provide proof of an appropriate solid waste
permit for processing facility and cost.
J. SWEEPING SCHEDULE
The Contractor shall establish and submit for approval a regular schedule of performance that will include
sweeping all streets and parking lots once each month in approximately the same order. However, the City,
at its sole discretion,may increase or decrease sweeping frequency or alter the sweeping schedule as it deems
necessary. Once established the Contractor shall adhere to the approved schedule.
K. CONTRACTOR'S EQUIPMENT
All equipment must be performance worthy by visual and operational inspection. Contractor shall provide
both air sweepers and mechanical sweepers with suitable back up for each type of sweeper. Air sweepers
shall be used for the storm water management program and mechanical sweepers, followed by an air
sweeper, for rock spills, road sand, windstorms and heavy debris. The primary sweeper shall not be more
than four (4) years old and shall be a regenerative air or vacuum sweeper and the back-up sweeper not more
than six (6) years old. Sweepers shall have no less than 24,000 lbs. G.V.W. and must be equipped with an
adequate water spray system for dust control.
Machines must be maintained in good working condition throughout the life of this Contract with
Contractor demonstrating evidence of an adequate service center to insure scheduled routine maintenance
and proper adjustment for sweepers. Machines shall be fully operational during all sweeps.
Contractor must keep a sufficient supply of spate brooms and parts to insure continuous operation. Worn
brushes and brooms shall be replaced and adjusted to insure maximum efficiency. The determination of
when a brush or broom shall be replaced shall be based on the effectiveness of all brushes and brooms.
All equipment must be properly registered and insured in accordance with state and local laws. Contractor
must show proof of ownership or a signed lease for sufficient machinery to adequately perform services as
agreed in this contract. A list of machines to be used must accompany a firm's propos. Please provide this
list in the Equipment Detail Form included as Attachment D of this packet.
All units shall be clearly and prominently marked with the contractor's name and unit number and have a
radio or paging equipment for contact with their office.
The sweepers shall be self-propelled, pickup sweepers with revolving gutter brushes on both sides, in-head
broom, a sprinkler system and a high lift storage hopper with a minimum capacity of three (3) cubic yards or
as approved by the City's Contract Administrator or designee. Sweepers shall be capable of removing
sweeping debris as described in Section 7.6.
Sweeping equipment shall be equipped with adequate warning devices and lights for safe operation and shall
meet all vehicle-operating requirements of the State of Oregon,Motor Vehicles Division.
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Sweeping equipment shall be equipped with a speed-monitoring device. In conjunction with Contractors
monthly statement, Contractor shall submit a Tac-o-graph report showing the speed and miles swept on
each sweeper used for work under this contract.
Failure to comply with these requirements shall be just cause for termination of contract.
L. EQUIPMENT PERFORMANCE
The sweepers used shall be capable of picking up all debris from a street in a single pass, without leaving a
trail of debris behind and shall be capable of dust abatement. Sweepers shall be driven at not less than 3
miles per hour and not more than 5 miles per hour to assure all debris is picked up and to remain in
compliance with regulations from Clean Water Services. Rushers shall be designed for the purpose of
flushing streets and be equipped with adjustable nozzles and pressure controls at the operator's position. All
equipment used shall be in good mechanical condition and shall not leak oil or other fluids onto the
pavement during operations. If the City deems a piece of equipment unsuitable, the contractor will be
instructed to make the appropriate repairs or remove it from the work site.
M. WATER USE
The City will provide water at hydrants for:
• Filling the water spray systems on the sweepers;
• Filling flusher trucks for sweeping;and
• Flushing the City-owned streets and facilities.
Contractor shall use a Chapman Valve when filling water tanks from hydrants. The contractor shall
maintain a water use record and make it available to the City upon request.
N. INSPECTIONS
Inspections will be performed on a regular basis as well as spot checks in response to citizen complaints.
Any deficiencies found will be reported to the contractor for immediate correction.
O. CHANGED CONDITIONS
Contractor shall notify the City's Contract Administrator or the assigned designee in writing of the following
work site conditions, ('changed conditions") promptly upon their discovery and before they are disturbed:
a. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character being performed;and
b. Conditions affecting the cost of the work which wool$not have been disclosed by reasonable examination of the site.
The City's Contract Administrator or the assigned designee will promptly investigate such conditions when
notified. If the City's Contract Administrator or the assigned designee determines that the conditions are
changed conditions and that they will materially increase or decrease the costs of any portion of the work;
the City's Contract Administrator or the assigned designee will issue a change order adjusting the
compensation for that portion of the work. If the City's Contract Administrator or the assigned designee
determines that the conditions do not justify an adjustment in compensation, the contractor will be so
advised in writing.
P. RESPONSIBILITY OF THE CONTRACTOR
The contractor shall do all the work and furnish all labor, materials, supervision, inspections, equipment,
tools and machines necessary for the performance and completion of the project in accordance with the
Contract within the specified time.
Contractor shall employ only competent, skillful persons to do the work. Contractor shall keep competent,
supervisory personnel to monitor work performed under the Contract. Contractor shall give efficient
supervision to the work using the highest level of skill and attention.
Contractor shall provide adequate supervision and staff to ensure continuity in sweeping operations as set
forth in this contract and maintain a direct line of communication with the City's Contract Administrator or
designee.
Contractor will provide to the City proof of Worker's Compensation and unemployment insurance for all
employees.
Contractor shall provide a telephone answering service toll free from 7:30 a.m. to 4:30 p.m. Monday through
Friday except on federal holidays. The answering service shall have the capability of contacting sweepers by
radio or paging equipment and relaying instructions from the City. Contractor shall also provide a 24-hour
phone number to be used for emergency purposes.
The Contractor shall notify the City of any obstructions in the roadways, or other reasons why sweeping
could not be performed over a specific area, such as tree limbs or landscaping, disabled vehicles,
construction equipment and material and other similar items. The report shall be made verbally or by fax to
the City's Contract Administrator or the assigned designee within four (4) hours of the scheduled sweeping.
The City will then take appropriate action to mitigate the obstruction.
Q. NOTIFICATIONS RELATIVE TO CONTRACTOR'S ACTIVITIES
At the request of the City, Contractor may be required to notify all agencies and utilities affected by the
operations so as to properly coordinate and expedite the work in such a manner as to cause the least amount
of conflict and interference. Notification shall include, but shall not limited to, the time of commencement
and completion of work,names of streets or location of alleys to be closed, and a schedule of operations and
routes of detours where possible. Damages or claims resulting from improper or insufficient notification of
the affected agencies shall be the responsibility of Contractor.
R. PROTECTION OF PROPERTY
Contractor shall protect all public and private property insofar as it may be endangered by operations and
take every reasonable precaution to avoid damage to such property. 4
Contractor's site-parked mobile equipment, operable machinery, and hazardous parts subject to mischief
shall be kept locked or otherwise made inoperable whenever left unattended.
Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitaewers, streams or
waterways. All wastes shall be removed from the site and disposed of in accordance with local ordinances
and state and federal anti-pollution laws.
Contractor shall restore and bear the cost of any public or private improvement, facility,tor structure within
the right-of-wap, which is damaged, either directly or indirectly, by an act, omission or neglect in the
execution of the work and which is not designated for removal. Contractor shall be responsible for any
injury, loss, or damage to any presently existing improvements on the premises caused by the Contractor or
the Contractor's employees, agents or subcontractors, and in the event of such injury, loss or damage shall
promptly make such repairs or replacements as required by City without additional cost to City.
Contractor shall protect all designated trees and planted areas within the right-of-way or easements, and shall
exercise care and conduct operations so as to minimize damages to other planted areas.
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S. DUST CONTROL,WATER AND AIR POLLUTION
During all phases of the work, and when directed, Contractor shall take precautions to abate dust nuisance
by cleaning up, sweeping, sprinkling with water, or other means as necessary to accomplish the suppression
of dust. During the term of the Contract, Contractors operations shall conform to applicable laws and
regulations of the Oregon Department of Environmental Quality, and other agencies of the state and federal
government,as well as local ordinances designed to prevent, control and abate water and Or pollution.
T. INSPECTION
If any work is found unsatisfactory, or the City finds that all certificates, bills, forms, and documents have
not been properly submitted, the City's Contract Administrator or the assigned designee will give the
Contractor the necessary instructions to perform the work satisfactorily and to properly submit bills, forms
and documents, and the Contractor shall immediately comply with such instructions.
U. NEW STREETS
The City may add additional streets during the term of the project for street sweeping services. When new
streets are required to be swept, the City shall provide a map to the Contractor showing the location of the
new streets to be swept and the total miles of the new streets to be swept. New street will be billed at the
contracted Regular Sweep per mile charge (Attachment C).
V. REPORTING
In conjunction with the Contractor's monthly statement, the Contractor shall submit to the City a Tac-o-
graph report showing the speed and miles swept on each sweeper used for work under this contract. The
Contractor shall also provide the City with details on the tonnage amount for the month's debris. The
Contractor, by signing the subsequent contract, shall further agree to provide the City with any other report
that the City deems necessary with particular attention given to any information that is requested by or
required by Clean Water Services.
W. SPECIAL SWEEPS
At times, the City may require special sweeps that are outside the regular monthly sweeps. Special sweep
may include,but are not necessary limited to, the following:
• Automobile accidents,
• Material spills on the roadway,
• Construction zone cleanup, and
• Snow fall and subsequent sweep of sand on the roadway,
The City will not consider a heavy leaf fall event to be the cause of a special sweep. The City expects the
Contractor to factor leaf fall into their regular monthly sweep and understand that months that contain leaf
falls may take more time and effort on the Contractor's part to clean the streets. A Contractor's per mile
price for the regular monthly sweep should incorporate the leaf fall season with the understanding that in
the summer months it will likely not take as long to sweep the streets.
X. UNIT PRICING
ITEM ESTIMATED MONTHLY TOTALS UNIT PRICE
Swee2_80
per Truck Routine Sweep .males/month`. 68:30 /Mile
Debris Removal&Disposal 200 tons/month $ 0 /Ton
Parking Lets. 544,801 sq ,rmonth. $ `680.00 onth
Special Sweeps As Needed $ 250.00 /Call Charge
$ 150.00 /Mile