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Green Sweep Asphalt Service, LLC ~ C200049 CITY OF TIGARD.OREGON-CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANYEVERY CONTRACT) � y Contract Title: Street Sweeping-Residential/Parking Number: `C/) 9 Contractor: Green Sweep Asphalt Service Contract Total: 550.000 (rite) Contract Overview: Contractor will provide street sweeping services for a short"gap" duration until a new RFP and contract can be prepared. Initial Risk Level: 9 Extreme 9 High ® Moderate 9 Low Risk Reduction Steps: Base level of insurance requirement in place. Risk Comments: Risk Signature: Contract Manager: Rob Block Ext: 2607 Department: Storm Type: 9 Personal Svc 9 Professional Svc ❑ Architectural Agr ❑ Public Imp ® General Svc ❑ Engineering Svc 9 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-Activity Tyne Amount FY 5T ( S a_calL. FY FY FY FY Approvals - LCRB Date: Not Required Department Comments: Department Signature: e Purchasing Comments: C+<-(2— C)' ,*� n+ jo l���. �:J�' J?.1LP.3)Y) Purchasing Signature: City Manager Comments: City Manager Signature: `-! ibi„D_ After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. C27ocofc AGREEMENT FOR SERVICES RELATED TO STREET SWEEPING THIS AGREEMENT made and entered into this 20th 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 DILLS 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 Atm: 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: I 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 MATEURE 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 laws,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 Liability Insurance Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract,Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (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 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. 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 O�F/T�IGARD GREENS EP SPHALT SERVICE,LLC By: Authorized ity Representative nzed Contractor Representative ft - 1 (9 //2//9 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.) • Surmerlake 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%