Green Sweep Asphalt Service, LLC ~ C200049 0 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORMMUSTACCOMPANYEVERYCONTRACT) /l;� YC/ I t9^
Contract Title: Street Sweeping—Residential/Parking Number: (�. (�
Contractor: Green Sweep Asphalt Service Contract Total: $50,000 (nte)
jContract Overview: Contractor will provide street sweeping services for a short"gap" duration until
a new RFP and contract can be prepared.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps: Base level of insurance requirement in place.
I
Risk Comments:
Risk Signature:
Contract Manager: Rob Block Ext: 2607 Department: Storm
Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ® General Svc
❑ Engineering Svc ❑ Other: Start Date: 11/25/19_End Date: 3/31/2020_
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Great Western Sweeping Unable to meet needs
Green Sweep Awarded contract
CWS Unable to help
Coast Pavement Services Unable to meet needs
Account String: Fund-Division-Account Work Order—Activi1y Tyne Am unt
FY
FY
FY
FY
FY
A2urovals - LCRB Date: Not Required
Department Comments:
Department Signature:
Purchasing Comments: ju "4�'
Purchasing Signature:
City Manager Comments:
City Manager Signature: UPI '
After securing of required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
(-�?GGag7
AGREEMENT FOR SERVICES RELATED TO
STREET SWEEPING
THIS AGREEMENT made and entered into this 20`'of November,2019 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Green Sweep
Asphalt Service,LLC,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
This Agreement is effective upon the date of execution and expires on March 31,2020,unless
otherwise terminated or extended. All services are to be completed prior to the expiration of
this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A.
The total amount paid to the Contractor by the City may not exceed Fifty Thousand and
No/100 Dollars ($50,000.000). Payments made to Contractor will be based upon the
following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes all
expenses incurred by Contractor, with the exception of expenses, if any, identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor's invoice, subject to the approval
of the City Manager, or designee, and not more frequently than monthly. Unless otherwise
agreed, payment will be made only for work actually completed as of the date of invoice.
C. Payment by City releases City from any further obligation for payment to Contractor for
services performed or expenses incurred as of the date of the invoice. Payment may not be
considered acceptance or approval of any work or waiver of any defects therein.
D. Contractor must make payments promptly, as due, to all persons supplying labor or materials
for the performance of the work provided for in this Agreement.
E. Contractor may 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 will pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from the
contractor or any subcontractor.
H. 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's Finance Director 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 does
not relieve Contractor or their surety from obligation with respect to any unpaid claims.
I. Contractor will promptly,as due,make payment to any person,co-partnership,association,or
corporation,furnishing medical,surgical,and hospital care or other needed care and attention,
incident to sickness or injury, to the employees of Contractor, of all sums that Contractor
agrees to pay for the services and all moneys and sums that Contractor collected or deducted
from the wages of employees pursuant to any law, contract, or agreement for the purpose of
providing or paying for services.
J. Contractor and its employees,if any,are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
K. Contractor must obtain, prior to the execution of any performance under this Agreement, a
City of Tigard Business License. The Tigard Business License is based on a calendar year with
a December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
L. The City certifies that sufficient funds are available and authorized for this Agreement during
the current fiscal year. Funding during future fiscal years is subject to budget approval by
Tigard's City Council.
4. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment has any force or effect unless and
until the other party has consented. If City agrees to assignment of tasks to a subcontract,
Contractor is fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them. Neither the approval by City of any subcontractor nor anything
contained herein creates any contractual relation between the subcontractor and City. The
provisions of this Agreement are binding upon and will inure to the benefit of the parties to
the Agreement and their respective successors and assigns.
5. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or e-
mail. Payments may be made by personal delivery, or mail, The following addresses shall be
used to transmit notices,bills,payments,and other information:
CITY OF TIGARD GREEN SWEEP ASPHALT SERVICE LLC
Attn: Rob Block Attn: Jennifer Akerill
Address: 13125 SW Hall Blvd. Address: PO BOX 6038
Tigard, Oregon 97223 Vancouver WA 98668
Phone: (503) 718-2607 Phone: (503) 902-5326
Email: Email:
6. TERMINATION
There will 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 MMEURE
Neither City nor Contractor will 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, an act of
God or of a public enemy, 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 will 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 will not be the basis for a claim for
additional compensation. Each party will, however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
9. NON-DISCRIMINATION
Contractor will comply with all federal,state,and local latus,codes,regulations,and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
ORS 659A.142,including all amendments of and regulations and administrative rules, and all
other applicable requirements of federal and state civil rights and rehabilitation statutes,rules
and regulations.
10. INDEMNITY
Contractor agrees to and defend,indemnify and hold harmless City,City's officers,employees,
agents and representatives from and against all liability, claims, costs, 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 in performance of
this contract, except, however, that the foregoing shall not apply to liability that arises out of
the City's,its officers,employees, agents and representatives sole negligence. If any aspect of
this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality
or invalidity shall not affect the remainder of this indemnification.
11. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term
of this contract. Such insurance shall cover 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 Liabi tX 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 (CG 2010 1185 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 3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (any one fire) 50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of
the contract, Commercial Automobile Liability coverage including coverage for all owned,
hired, and non-owned vehicles on an "occurrence" form. The Combined Single Limit per
occurrence shall not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
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 workers' compensation coverage. All non-exempt employers shall
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional.
Liability, shall include the City its officers, employees, agents and representatives as
additional insureds with respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VII"or better,or equivalent. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the
City will consider whether such self-insurance is acceptable if it meets the minimum
insurance requirements for the type of coverage required. If the Contractor is self-insured
for commercial general liability or automobile liability insurance the Contractor must
provide evidence of such self-insurance. The Contractor must provide a Certificate of
Insurance showing evidence of the coverage amounts on a form acceptable to the City.
The City reserves the right in its sole discretion to determine whether self-insurance is
adequate.
G. 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 effective until the
required Certificates of Insurance have been received and approved by the City. The
certificate will specify and document all provisions within this contract and include a copy
of Additional Insured Endorsement. A renewal certificate will be sent to the below
address prior to coverage expiration.
H. Primary Coverage Clarification
The parties agree that Contractor's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
I. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work. 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 the event an action, suit of proceeding, including appeal, is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party's own attorney
fees, expenses,costs and disbursements for the action, suit,proceeding,or appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
14. CHOICE OF LAW,VENUE
The provisions of this Agreement are governed by Oregon Law. Venue will be the State of
Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland.
15. CITY OF TIGARD BUSINESS LICENSE
Contractor is to obtain,prior to the execution of any performance under this Agreement, a City
of Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31 st expiration date. New businesses operating in Tigard after June 30th of the current
year will pay a pro-rated fee though the end of the calendar year.
16. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor's proposal,this
Agreement will control. In the event of conflict between a provision in the main body of the
Agreement and a provision in the Exhibits,the provision in the main body of the Agreement will
control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control
17. 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 will
not be impaired unless the illegal or unenforceable provision affects a significant right or
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and,if negotiations fail, may terminate the Agreement.
18. REPRESENTATIONS AND WARRANTIES
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of
Contractor, enforceable in accordance with its terms.
C. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no
fewer than six calendar years (or since the firm's inception if less than that) preceding the
effective date of this Agreement, faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters
316, 317,and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to
Contractor, to Contractor's property, operations, receipts, or income, or to
Contractor's performance of or compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to
Contractor,or to goods,services,or property,whether tangible or intangible,provided
by Contractor; and
4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Contractor's services rendered in the performance of Contractor's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or
conditions of use, transfer,modification,or assignment, and shall be free and clear of any
and all liens,claims,mortgages, security interests,liabilities,charges,and encumbrances of
any kind.
E. All goods will be guaranteed and warranted for a period of twelve (12) months from the
date of installation,including parts and labor except damage caused by misuse,vandalism
or act(s) of God
19. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned's
knowledge,not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316,317,and 318. Contractor's failure to comply with the tax laws of this
state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
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.
CITY OF TIGARD GR EEN SNvE,E, SPHALT SERVICE,LLC
By: Authorized ity Representative onze ontractor Representative
Date Date
r-
EXHIBIT A
SCOPE OF SERVICES
The Contractor shall provide street sweeping and removal of debris as required for approximately 320
sweeping miles of Tigard streets (curb miles). Whether or not an actual curb exists, the term "street"
shall include the paved area between the normal curb lines of the roadway. 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. Sweeping 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.
A. 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.
B. 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. Street sweeping on business and high traffic main boulevards
will be performed between the hours of 4:00 a.m. and 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 work schedule, the Contractor shall submit a
revised schedule when requested by the city's Contract Administrator or designee.
C. 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 the proposal.
• Tigard City Hall, Permit Center and Police Dept., 13125 SW Hall Boulevard. (78,000 sq. ft.)
➢ Niche Building, 8720 SW Burnham Street (17,800 sq. ft.)
• Public Works Building, 8777 SW Burnham Street
➢ Front parking lot-(26,800 sq. ft.)
➢ Back parking lot-(37,117 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 Winterlake Drive (8,700 sq. ft.)
• Cook Park, 17005 SW 92nd Avenue
➢ West parking lot—north of baseball fields to the west of 92nd (44,300 sq. ft.)
➢ East parking lot—north and east of restroom facility to the east of 92nd (99,000 sq. ft.)
➢ Park interior below gate — including street, parking offshoots, and other parking
areas/lots (124,000 sq. ft.)
D. 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.
E. DEBRIS REMOVAL
Contractor must possess a roll-off truck. Roll-off truck shall have a minimum payload capacity
of 12.5 tons.
Contractor shall not dump debris on the ground. Contractor must 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.
The Contractor is required to have a back-up means of handling sweeping debris in a case of
primary equipment failure.
F. HANDLING AND DISPOSAL OF DEBRIS
Contractor must meet all applicable debris disposal requirements of the Oregon Department of
Environmental Quality and any other federal, state, or local agency. It shall be the Contractor's
sole responsibility to ensure that all guidelines are followed. 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.
The City's preference is that the Contractor shall have an operating screen plant using a one (1)
inch or finer screen and equipment on an impermeable surface with sand-oil separator for the
processing of material prior to final disposal.
All unscreened sweeping debris must be disposed of at a DEQ-approved disposal site or transfer
station for solid wastes. Any exemptions to these specifications must be approved in writing by
the city,local Department of Environmental Quality (DEQ),and/or permitting authorities.
Debris will be dumped at Clean Water Services or another approved dump site by the City of
Tigard. Waste processing facilities may be subject to inspection prior to contract award.
G. WASTE SITES
The Contractor shall operate any and all 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.
H. 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 the cost and proof of
an appropriate solid waste permit for the processing facility.
I. 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.
J. 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.
Sweepers 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 ensure scheduled routine
maintenance and proper adjustment for sweepers. Machines shall be fully operational during all
sweeps.
Contractor must keep a sufficient supply of spare brooms and parts to ensure continuous
operation. Worn brushes and brooms shall be replaced and adjusted to ensure 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
proposal. 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 4.D.
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.
All sweeping vehicles must be able to travel at least 55 miles per hour.
The Contractor must report on whether or not their equipment is PM-10 compliant and Rule 1186
certified.
Sweeping equipment shall be equipped with a speed-monitoring device and GIS tracking. In
conjunction with the Contractor's monthly statement, Contractor shall submit a GIS 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.
K. 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 three (3) miles per hour and not more than five (5) miles per hour to assure all
debris is picked up and to remain in compliance with regulations from Clean Water Services. 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.
L. WATER USE
The City will provide water at hydrants for:
• Filling the water spray systems on the sweepers.
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.
M. 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.
N. CHANGED CONDITIONS
Contractor shall notify the city's Contract Administrator or the assigned designee in writing
promptly upon their discovery and before they are disturbed of the following work site conditions
("changed conditions"):
1. Unknown physical conditions of an unusual nature differing materially from those ordinarily
encountered and generally recognized as inherent of the character in the work being
performed;
2. Conditions affecting the cost of the work which would 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 to adjust 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.
O. 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 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.
Contractor shall notify city's Contract Administrator of what section of the city is being swept
daily.Notification can be done via e-mail, text, or phone message.
P. 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 not be limited to,the
time of commencement and completion of work, names of streets or locations 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.
Q. 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.
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,sanitary sewers,
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, or
structure within the right of way,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 the city without additional cost to the 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.
R. 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, Contractor's 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 air pollution.
S. 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.
T. 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 and total miles of the new streets to be swept. New streets will be billed at the
contracted Regular Sweep per mile charge (Attachment B).
U. REPORTING
In conjunction with the Contractor's monthly statement, the Contractor shall submit to the City
a GPS 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.
V. SPECIAL SWEEPS
At times, the City may require special sweeps that are outside the regular monthly sweeps. Special
sweeps may include, but not necessarily limited to, the following:
• Automobile accidents
• Material spills on the roadway
• Construction zone cleanup
• 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 the
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.
EXHIBIT B
SCHEDULE OF RATES
Standard Sweeping Truck$125 per hour
Box Truck$115 per hour
Emergency sweeps $165 per hour
Debris disposal$115 per hour plus cost disposal+10%