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Green Sweep Asphalt Service ~ C200099 CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200099a7 Contract Start Date: 06/18/2020 Contract End Date: 10/31/2024 Contract Title: Street Sweeping Services Contractor Name: Green Sweep Asphalt Service Contract Manager: Rob Block Department: PW - Storm Contract Costs Original Contract Amount: $325,000.00 estimated annually Total All Previous Amendments: n/a Total of this Amendment: $50,000 in FY25 Total Contract Amount: $50,000.00 in FY25 Procurement Authority Contract Type: General Services Procurement Type: PCR 80.010 Emergency Contract Solicitation Number: n/a LCRB Date: 3/17/2020 Account String: Fund-Division-Account Work Order – Activity Type Amount Contracts & Purchasing Approval Purchasing Signature: Comments: extend end date. DocuSign Routing Route for Signature Name Email Address Contractor Jennifer Akerill greensweepasphaltservice@gmail.com City of Tigard Brain Rager brianr@tigard-or.gov Final Distribution Contractor Jennifer Akerill greensweepasphaltservice@gmail.com Project Manager Rob Block rob@tigard-or.gov Project Manager Joseph Barrett joseph@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200099a6 Contract Start Date: 06/18/2020 Contract End Date: 09/30/2024 Contract Title: Street Sweeping Services Contractor Name: Green Sweep Asphalt Service Contract Manager: Rob Block Department: PW - Storm Contract Costs Original Contract Amount: $325,000.00 estimated annually Total All Previous Amendments: n/a Total of this Amendment: $50,000 in FY25 Total Contract Amount: $50,000.00 in FY25 Procurement Authority Contract Type: General Services Procurement Type: PCR 80.010 Emergency Contract Solicitation Number: n/a LCRB Date: 3/17/2020 Account String: Fund-Division-Account Work Order – Activity Type Amount Contracts & Purchasing Approval Purchasing Signature: Comments: extend end date. DocuSign Routing Route for Signature Name Email Address Contractor Jennifer Akerill greensweepasphaltservice@gmail.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Jennifer Akerill greensweepasphaltservice@gmail.com Project Manager Rob Block rob@tigard-or.gov Project Manager Joseph Barrett joseph@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200099a5 Contract Start Date: 06/18/2020 Contract End Date: 08/31/2024 Contract Title: Street Sweeping Services Contractor Name: Green Sweep Asphalt Service Contract Manager: Rob Block Department: PW - Storm Contract Costs Original Contract Amount: $325,000.00 estimated annually Total All Previous Amendments: n/a Total of this Amendment: $50,000 in FY25 Total Contract Amount: $50,000.00 in FY25 Procurement Authority Contract Type: General Services Procurement Type: PCR 80.010 Emergency Contract Solicitation Number: n/a LCRB Date: 3/17/2020 Account String: Fund-Division-Account Work Order – Activity Type Amount Contracts & Purchasing Approval Purchasing Signature: Comments: extend end date. DocuSign Routing Route for Signature Name Email Address Contractor Jennifer Akerill greensweepasphaltservice@gmail.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Jennifer Akerill greensweepasphaltservice@gmail.com Project Manager Rob Block rob@tigard-or.gov Project Manager Joseph Barrett joseph@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200099a4 Contract Start Date: 06/18/2020 Contract End Date: 07/31/2024 Contract Title: Street Sweeping Services Contractor Name: Green Sweep Asphalt Service Contract Manager: Rob Block Department: PW - Storm Contract Costs Original Contract Amount: $325,000.00 estimated annually Total All Previous Amendments: n/a Total of this Amendment: $50,000 in FY25 Total Contract Amount: $50,000.00 in FY25 Procurement Authority Contract Type: General Services Procurement Type: PCR 80.010 Emergency Contract Solicitation Number: n/a LCRB Date: 3/17/2020 Account String: Fund-Division-Account Work Order – Activity Type Amount FY 25 5106700-54001 $48,000 FY 25 2006200-54001 $2,000 Contracts & Purchasing Approval Purchasing Signature: Comments: Update amount for FY25 and extend end date. DocuSign Routing Route for Signature Name Email Address Contractor Jennifer Akerill greensweepasphaltservice@gmail.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Jennifer Akerill greensweepasphaltservice@gmail.com Project Manager Rob Block rob@tigard-or.gov Project Manager Joseph Barrett joseph@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200099a2 Contract Start Date: 06/18/2020 Contract End Date: 06/30/2024 Contract Title: Street Sweeping Services Contractor Name: Green Sweep Asphalt Service Contract Manager: Rob Block Department: PW - Storm Contract Costs Original Contract Amount: $325,000.00 estimated annually Total All Previous Amendments: n/a Total of this Amendment: 0 Total Contract Amount: $325,000.00 Procurement Authority Contract Type: General Services Procurement Type: PCR 80.010 Emergency Contract Solicitation Number: n/a LCRB Date: 3/17/2020 Account String: Fund-Division-Account Work Order – Activity Type Amount FY FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: update rates and extend end date DocuSign Routing Route for Signature Name Email Address Contractor Jennifer Akerill greensweepasphaltservice@gmail.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Jennifer Akerill greensweepasphaltservice@gmail.com Project Manager Rob Block rob@tigard-or.gov Project Manager Buyer Toni Riccardi tonir@tigard-or.gov Rev. 8/21 CITY OF TIGARD, OREGON AMENDMENT TO CONTRACT NUMBER C200099 STREET SWEEPING SERVICES - GSA AMENDMENT #2 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Green Sweep Asphalt Service, hereinafter referred to as Contractor, is hereby amended as follows: 1. COMPENSATION Section 3 of this contract is amended to modify Exhibit B, Cost Structure by increasing the hourly rates by a negotiated six (6%) effective July 1, 2023. Exhibit B, Cost Structure shall be replaced in its entirety a revised schedule reflecting this change. 2. EFFECTIVE DATE AND DURATION The term of this contract is extended until June 30, 2024. 3. INTEGRATION Except as expressly provided otherwise by this Contract amendment number 2, all provisions of the Contract, as it may have been previously amended, shall remain in effect. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD GREEN SWEEP ASPHALT SERVICE Signature Signature Printed Name Printed Name Date Date DocuSign Envelope ID: C772781F-9E9B-43BB-8220-436E6F255CD2 10/10/2023 jennifer Akerill 10/10/2023 Rob Block CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C200099 Contract Start Date: 06/18/2020 Contract End Date: 06/30/203 Contract Title: Street Sweeping Services Contractor Name: Green Sweep Asphalt Service Contract Manager: Rob Block Department: PW- Storm Contract Costs Original Contract Amount: $325,000.00 estimated annually Total All Previous Amendments: Total of this Amendment: 0 Total Contract Amount: $325.000.00 Procurement Authority Contract Type: General Services Procurement Type: PCR 80.010 Emergency Contract Solicitation Number: LCRB Date: 3/17/2020 Account String: Fund-Division-Account Work Order—Activit):1=e Amount FY FY FY FY FY Contracts & Purchasing Approval Purchasing Signature:Comments: update update rates and extend end date DocuSign Routing Route for Signature Name Email Address Contractor Jennifer Akerill greensweepasPhaltservicengmail.com City of Tigard Steve Rymer stever&tigard-or.gov Final Distribution Contractor Jennifer Akerill greensweel2asl2haltservice gmail.com Project Manager Rob Block rob ti and-or. ov Project Manager Buyer Toni Riccardi tonir ti and-or. ov DocuSign Envelope ID:9AF79757-C81A-4166-8FF2-8159F0673AA5 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT NUMBER 0200099 STREET SWEEPING SERVICES-GSA AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Green Sweep Asphalt Service,hereinafter referred to as Contractor,is hereby amended as follows: 1. COMPENSATION Section 3 of this contract is amended to modify Exhibit B, Cost Structure by increasing the hourly rates by a negotiated seven (7%) effective July 1, 2022. Exhibit B, Cost Structure shall be replaced in its entirety a revised schedule reflecting this change. 2. EFFECTIVE DATE AND DURATION The term of this contract is extended until June 30,2023. 3. INTEGRATION Except as expressly provided otherwise by this Contract amendment number 1, all provisions of the Contract, as it may have been previously amended, shall remain in effect. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD GREEN SWEEP ASPHALT SERVICE bocuSWvn W: � peevl PepeevsflLl.vm Signature Signature Steve Rymer jennifer Akerill Printed Name Printed Name 8/3/2022 8/3/2022 Date Date Rev.8/21 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUSTACCOMPANYEVERY CONTRACT Contract Title: Street Sweeping—Residential/Parking Number: C200099 Contractor: Green Sweep Asphalt Service Contract Total: $325,000/annual est Contract Overview: Contractor will provide street sweeping services Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low Risk Reduction Steps: Base level of insurance requirement in place. Risk Comments: Risk Signature: Contract Manager: Rob Block Ext: 2607 Department: Storm Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ® General Svc ❑ Other: Start Date: 06/15/2020 End Date: 06/30/2020 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Green Sweep 86 Z86 Z75 NW Slurry Solutions 75 / 77 / 65 Account String: Fund-Division-Account Work Order—Activity T=e Amount FY 21 510-6700-54001 $319,000 FY 21 200-6200-54001 $6,000 FY FY FY Approvals - LCRB Date: Per Emergency Dec signed 3-17-2020 Department Comments: Toe filled out form Department Signature: Purchasing Comments: OK Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# C200099 CjTY OF TiGARD,OREGON AGREEMENT FOR SERvicEs RELATED TO STREET SWEEPING SERVICES THIS AGREEMENT made and entered into this 18" day of June, 22020 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Green Sweep Asphalt Service,hereinafter called"Contractor",collectively known as the "Parties." RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services-and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS, City, and Contractor wish to enter into a contract under which City shah purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDE Contractor agrees to provide services related to street sweeping as detailed in Exhibit A — Scope of Services and.by this reference made a part hereof. 2. EFFECTIVE DATE AND DURAjIQN Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, on June 30, 2021. The Parties may mutually agree on up to four (4) additional one (1) year extensions to this Agreement At no point shall the duration of this Agreement exceed five (5) years. -tU services shall be completed prior to the expiration of this Agreement. 3. CQAVY--N-$ATION City agrees to pay Contractor in agreement with the pricing detailed in Exhibit B. It is estimated the annual amount of this contract shall not exceed Three Hundred Twenty-Five Thousand. and No/100 dollars ($325,000.00) for performance of those services described herein,which payment shah 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 shah be made only for work actually completed as of the date of invoice. B. 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. C. Contractor shall make payments prornpdy, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be titled or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the ]Department of Revenue all sums withheld from employees pursuant to URS 316.167. F. 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, Citi- may flay 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. G. 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 URS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, mare 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 suns 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. I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. .Appropriations for fixture fiscal years shall be subject to budget approval by the City Council. 4. A5�1 3N—MEN `/RELEGATION Neither parte- 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. S. SUBMITTING.DI7t M ANIS hjAZINQ TS All notices and bills shall be made in writing and mat,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: 110 1 11 Attn: Rob Block,WW f Storm Su er. Ami: ennifer Akerill Address: 13125 SW Hall Blvd. Address: PO Box 6038 'I1 ard, Ore on 97223 Vancouver,Washington 98668 Phone: 503 718-2607 Phone: (360) 772-0899 Email: Email: .rcec?s�u .a,_, ;,haltsc:.rvice nn az[.c.rtaa F Y 2021 CASA—Street Swveeping Senices 2 !' 6. 'I'E R M I lNL T__e IQN The parties agree that any decision by either party to terminate this Agreement before the 30`' day of June, 2021 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 MATEURF Neither City nor 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 patties so disenabled, including but not restricted to, naturaldisaster, war, civil unrest, volcano, earthquake, fare, 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 rause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each panty shall, however,make 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-DISCNMINATION 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 659A.142, and all regulations and administrative rules established pursuant to those laws. 10. INDEMNITY TY Contractor agrees to and shall 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. LN SRCE 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. FY 2021 GSA—Street Sweeping Services 3 1 P•:; The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General LLa Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injuty 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-, Cpvera,e Limit General Aggregate 3,000,000 Products-Completed Operations Aggregate 2,000,000 Personal&Advertising Iniury 1,000,000 Each Occurrence 2,000,000 Fire Damage (any one fire) 50,000 B. QQmmial AutoLn9b e Insurance jL 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. W_Q9kc& 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 emplot,ers 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. FY 2021 GSA--Street Sweeping Services 4 E. lasue 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 tight to reject aU 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 elfinsurance is adequate. G. Cgrtificales of In Lylance 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. IndepeincLent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in QRS 30.265. 1"he 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, J. Cross- bftvause 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 Ste'Hall Blvd. Tigard,Oregon 97223 FY 2021 GSA—Street Sweeping Services 5 1 P e 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 die total amount of any damage,injury,or loss caused by negligence or neglect cormected with this contract. 12. A'ZTO E'M'S FEES In case suit or action is instituted to enforce the provisions of dais 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. C9Il �I.1ANCE I S I`A71"E A' TD�E]®EIAI,.LAWlTLES 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 Chapters 279A, 2798, and 2790, the provisions of which are hereby made a part of this agreement. 14. CHOICE OE JAW.VELE 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 BUSINESSBUSlk-ESS L.1 ENSE Contractor shall 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. CQNFL1C'I'REr EN TISR-1'ycS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument 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. 17. SEVERABILI 'Y 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 patties when they entered into the agreement. 1$. REP RESEN'7CATIONS AND WARRANTIES Contractor represents and warrants to the City that: A. Contractor has the power and authority to enter into and perform this Agreement. FY 2021 GSA-m Street Sweepirig Services 6 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; I 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 pro-visions, or ordinances that implemented or enforced any o.f 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. 19. !QQMPLIANCE WITH TAX L—AWS A� Contractor must, throughout the duration of this Agreement and any extensions, comply with all tax laws of tHs state and all applicable tax laws of any political subdivision of the State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions described in subsection 25.C. 1) through 4) of this Agreement. B. Any violation of subsection A of this section shall constitute a material breach of this Agreement. Further, any violation of Contractor's warranty, in subsection 25.0 of this Agreement, that the Contractor I-as complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the Ciq to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement, and to pursue any or all of the remedies available under this Agreement, at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an,amount equal, to State's setoff right,without penalty; and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shah be entitled to recover any and all damages n'2021 GSA-Street Sweeping Senices 7 suffered as the result of Contractor 's breach of this iAgreement, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement Contractor, These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever. 20. CONTdT.ETE AGREE This ,Agreement,including the exhibits,is intended both as a final expression of the'Ckgreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the maii-i body, of the Agreement and a provision in the Exhibits, the provision in the main. body of the Agreement shall control. In the event of an inconsistency between Exhibit.A and Exhibit B,Exhibit Ashall control. No-waiver, consent,modification, or change of terms of this skgTeetnent 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, canal or written, not specified herein regarding this Agreement. Contractor,by the signature of its authorized representative,hereby acknowledges that he/she 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 authorzed undersigned officer and Contractor has executed this Agreement on the date hereinabove first written Awarded by Tigard's Local Contract Review Board via emergency declaration signed on March 17, 2020. C of TiGARD GREEN SwEEP AsPHALT SERVICE y: Authorized C ity Representative B 4Nuth"orized -o�Zt=mctor Representativ 3y: 6/23/2020 —Z-0 Date Date FY 2022 GSA—Street S-w-eeping Serw-ices 'R c EXHIBIT A POSERVICES 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 Est of these streets will be provided. to the Contractor, and then included in the regular monthly schedule. A. CONTRACTOR' 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 Project Manager 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 Project Manager, 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. !QIRACIORI$ �? SCJE _Mi �DLE All City streets shall be swept once per month. The Contractor's sweeping shall be approved by the City's Project Manager or designee. 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 Project Manager or designee. C. PT The Contractor shall detail and sweep the following City parking lots once a month. The City shah 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 H Boulevard. 8,000 sq, ft.) I all (7 Niche Building, 8720 SWBurnham 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.) • Suri merlake Park, 11450 SW Winterlake Drive (8,700 sq. ft.) • Cook Park, 17005 SW 92nd Avenue FY 2021 GSA—Street Sweeping Sen-ices 9 1 ') > West parking lot—north of baseball fields to the v.,est 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. S lE 1PING 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 Lip 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 REMQVJL 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 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 ci ibic yards. Contractor shall make prior arrangements with the City's public Works Department 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 rneans of handling sweeping debris in a case of primary equipment failure. F. HANDLING AND DISPQSAL OF DEBRIS Contractor must meet all applicable debris disposal requirements of the Oregon Department of Environmental Quality and other federal, state, or local agencies. It shall be the Contractor's sole responsibility to ensure that all guidelines are followed. Sweeping debris under this contract may 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 screening plant lasing a one inch (1") or finer screen and equipment on impermeable surface with sand-oil-water separator for the processing of material prior to final disposal. A. Clean Watgr.,5ervices Treatment FaQjUjX With the exception of sweeping debris that is predominantly comprised of leaves or from hazardous material sweeps (road accidents or other), all materials shall be taken to the Clean Water Services Debris Treatment Facility located at 3990 NE 33" Avenue, Hillsboro, Oregon 97124. The City will be billed directly by, Clean Water Services for disposal at this location, the c(>ntnactor will incur not disposal fee at this location. The only cost tc> the Contractor will be for travel time and fuel. Prior to the start of senices under this contract, FY 2021 GSA—Street Sweeping Services 10 1 the City's Project Manager and Contractor staff shall review the process for disposal at this site. For material not meeting the criteria for disposal at the Clean Water Service,-, site, specifically leaves and hazardous materials, Contractor shall use DEQ-approved disposal site or transfer station for disposal. Debris wastes shall be disposed of as dirt fill after testing to idcntif r any possible contamination and only after plastics, papers and other trash and solid wastes have been removed using a one inch (I") or finer screen system. At no point shall sweeping debris under this contract 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 was, for public use. For this reason,recycling centers NX"M generally be considered unacceptable for the processing of sweeping debris. Any exemptions to these specifications must be approved in writing by the City, local Department of Environmental Quality (DEQ), and/or permitting authorities. Contractor shall include in their proposal a detailed description of- • Who is managing the process of the debris • How the debris is being handled • Where die debris is being disposed • A description of equipment used Waste processing facilities may be subject to inspection prior to contract award. G, 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 win not be permitted. The Contractor will be responsible for obtaining the necessary permits for dumping at waste sites provided by the Contractor, H, SQQUP WASTE PERM—IT 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. L SWESPIN q5LHEDULE 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. FY 2021 GSA–Street Sweeping Services 11 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 licavy debris, The City's preference is that the primary. sweeper not be more than four (4) years old and shall be a regenerative air or vacuum sweeper and the back-up sweeper not be more than six (6) years old. Sweepers shall have no less than 24,000 lbs. O.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 fife 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 fist 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. ,rhe sweepers shall be self-propelled, pick-up sweepers with revolving gutter brush-es on both sides, in-bead 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 Project Manager 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. Sweeping equipment shall be equipped with a speed-monitoring device. In conjunction with the Contractor's 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. K. EQUIPMENT PER) CE 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 FY 2021 GSA—Street Sweeping Senices 12 1 P 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 the filling of 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. INNSPECTIMNS 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 Project Manager or the assigned designee in writing promptly upon their discovery and before they are disturbed of the following work- site conditions {"changed conditions"): I. 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 Project Manager or the assigned designee will promptly investigate such conditions when notified. If the City's Project Manager or the assigned designee determines that the conditions are changed conditions and that they materially increase or decrease the costs of any portion of the work, the City's Project Manager or the assigned designee will issue a change order to adjust the compensation for that portion of the work. If the City's Project Manager or the assigned designee determines that the conditions do not justify an adjustment in compensation, the Contractor will be so advised in writing. 0. RESPONSIBILITY OF THE CONTRACTQR 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 Project Manager 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 FY 2021 GSA—Street Sweeping Services 13 1 1; 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 Ciry 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 Project Manager 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 Project Manager of what section of the City is being swept daily. Notification can be done via e-mail, text, or phone message, P. NOILFICATIONS RELATDM TO CONTRACTOR'S ACTIVITIES At the request of the City, Contractor may be required to notify all agenciesand utilities affected a n 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 shalt 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. PROTEC-TIQN1 OF P&O 2ERTY 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 darnage 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 casements and shall exercise care and conduct operations 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, spriniding with water, or other means as necessary to FY 2021 GSA—Street Sweeping Services 14 1 T) accomplish the suppression of dust. During the term of the Contract, Contractor's operations shall conform to applicable law-, and regulations of the Oregon Department of Environmental Quality, and other agencies of the State and Federal government, as well as local ordinances j 2 tt, 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 Project Manager 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. TNEW 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 Tac-o-graph report showing the speed and miles swept on each sweeper used for work under this Contract. The Contractor shah 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 p rmide the City with any other report that the City deems necessary writh particular attention given to any information that is requested by or required by Clean Water Services, V. PEECL—SL LAMEPS At times, the City may require special sweeps that are outside the regular monthly sweeps. Special sweeps may inchide, 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 City. FY 2021 GSA–Street Sxxeeping Services g§ il? EXHIBIT B CQ -T COST`STRUCTURE 1. Standard street sweeping including designated parking lots regenerative air sweeper$125/hr. Estimated hours - 2,275 for an estimated annual total of$284,375.00. 2. b. Debris hauling$115/hr. Estimated hours = 286 for an estimated annual total of$32,890.00. 3. Emergency sweeping$165/hr. 4. Non-CWS debris disposal$115/hr. hauling plus cost of disposal + 10% 5. Additional Services: (pricing available upon requ t du to page limit of p o es p0 sal, enviromnental spill response,pressure washing hardscapes, leaf removal, storm system maintenance including bioswales, asphalt repair and patching, sealcoat and crack sealing, striping and specialty striping, snow removal and deicing FY 2021 GSA—Street Sweeping Services 16