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HomeMy WebLinkAboutUntitled • CITY OF OAK PARK HEIGHTS AGREEMENT FOR STREET SWEEPING 2008 I. FURPOSE/INTENT A. Street Sweeping The purpose of this agreement provides the City of Oak Park Heights (hereinafter City)and the successful proposer(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled street sweeping operations on local City streets, roadways, and parking lots within the City of Oak Park Heights, Minnesota. B. Administration This agreement shall be entered into with the City of Oak Park Heights, administered by the Public Works Director and under the direct operation supervision of the Public Works Director and/or Foreman. C. Routes The Public Works Director and/or Public Works Foreman will determine which streets are to be swept and schedule all sweeping operations with the contractor. D. Street Sweeping Poli y The City's sweeping policy requires three sweepings of the City streets per year. It is the intention of the City to retain the services of the Contractor for each sweeping operation. In addition, the City may request additional sweepings of single streets or sections of the City as required. These additional sweepings include clean up days or are generally due to construction activities, storms or other unplanned activities that require street cleaning. E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of one (1)piece of equipment to perform the entire sweeping operation with a dump truck for hauling sweepings. 2. LENGTH OF AGREEMENT A. This agreement shall be an initial agreement for the sweeping season commencing April 2008. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated by the city at any time during the agreement period, without penalty, by written notice being delivered by certified mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any sweeping operation or duration of the agreement. 3. EOUIPMENT A. Street Sweeper Only contractors using"Elgin Pelican" or "Wayne 993" or equivalent will be considered as qualified contractors. Units must use water spray system to suppress dust. B. DumpinYCk The truck shall provide a minimum single-axle, dual rear wheel drive, vehicle,equipped with a dump body for transport of sweepings. C. Skid Loader At certain location within the City the sand used of ice and snow control will have accumulated to a point were a street sweeper cannot effectively remove them material.eri.al. In these areas the Contractor shall P roved a skid loader or manual labor for removal of the bulk of the material prior to sweeping. Skid loader work may be required for other work in the City of Oak Park Heights. D. Accessories&Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on-the-road emergency sweeping operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road sweeping operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of the certificate of title including the vehicle identification number(if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City, the City will verify those vehicles acceptable for performance under this contract. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. F. Identification of Disposal Site and Indemnification The disposal site and any temporary storage sites for the street sweeping must be identified by the Contractor prior to the beginning of sweeping. The Contractor agrees to indemnify and hold the City harmless with regards to any liability resulting from the storage and disposal of the sweepings. The storage and disposals sites shall meet all applicable County, State and Federal rules and regulations for storage and disposal of municipal street sweepings. 4. OPERATION&MAINTENANCE A. Operator The Contractor shall assure that the operator provided with each piece of equipment is fully trained and properly Iicensed with the State of Minnesota to operate the vehicle or any anticipated replacement. The Contractor shall make every effort possible to assure that the same operator performs the sweeping operation during the length of the agreement. The contractor shall certify that the operators have completed all necessary safety training that the contractor's training meets, at a minimum, the safety program for the City of Oak Park Heights. A summary sheet is attached and all Safety Program Materials are available to the contractor. B. Parts &Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor, tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. Equipment storage is not allowed on city property unless specific use is in the city's best interest during a sweeping event and is then limited to the temporary storage overnight only. 5. J IO1JRJ,X RATES A. Equipment and Operators All hourly rates quoted shall include full operation of the equipment by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.1 (tenth)hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked regardless of day, date, time of day or consecutive hours worked in any given sweeping operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However, the City will recognize payment for routine maintenance and repairs or adjustments necessa ry to keep the machine properly operating. This allowance shall • 7 Y be provided for onl y tho s e pieces of equipment previously approved by the City for required sweeping operations under this agreement. 6. PERFORMANCE REC?UTREMENTS A. Personnel The Contractor shall provide the City with the name, address and telephone number(s)for at least two designated contact personnel responsible for assuring response to the City's request for services. The Contractor shall assure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall respond and begin sweeping operations within.two (2) days and no later than four(4) days from the start time requested by the City for any given sweeping request, weather permitting. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sweeping services through the completion of the sweeping operations designated by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight-hour break. The contractor will be responsible for providing replacement personnel if sweeping operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall assure that all equipment provided is maintained in a proper manner to minimize required maintenance or emergency repairs during the performance of sweeping operations. If, once commencing a sweeping operation, a piece of equipment becomes disabled and nonfunctional for a period of three(3)consecutive days,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City, D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall assure that the operator maintains full availability for communication at all times during the sweeping operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. F. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sweeping operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sweeping operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience . Y 7 The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sweeping operations for the City. G. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency sweeping operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. I3. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property(including public utilities)due to its own or its employees negligence in performing sweeping operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not more than 30 days after receipt. B. Down Time • No payment shall be made for any nonproductive or down time of any singular sweeping operation. Compensable time shall include all time spent performing the sweeping operation subject to the exclusions identified herein and shall include all time spent performing the sweeping operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits, whichever is the shorter distance. C. Liquidated Damages for Untimely Performance If the Contractor consistently is not able to respond and begin sweeping operations within four days after the time requested by the City. Penalties will be assessed as follows: 5%of the rate quoted herein will be deducted for each day or of portion thereof beyond four days to when operations begin, starting with the second untimely response and every time thereafter. If the Contractor does not respond within seven days of City requested time of initiation, the City shall, at its discretion hire a different contractor for that sweeping event. 8. :INSURANCE/LIABILITY/CLAMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all 1C I _ other persons employed by the Contractor in the performance of services under this agreement, required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in.the performance of these services, to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. 13. Insurance The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and $1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury(including bodily injury or death)caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, nonrenewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all.State and Federal laws and local ordinances governing the employment of personnel including, but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues the books, records, documents and accounting procedures and practices of the Contractor relevant to the 1 n Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three(3)years from the date of the termination of this Agreement. 13. E$UAL EMPLOYMENT OPPORTUNITY T NITY—CIVIL RIGHTS A. During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, creed, or nation of origin, be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59, regarding non- discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in comp liance with the a pp licable statues s and regulations or if the Contractor engages in any discriminatory practices, a then the City may cancel this agreement as provided by the cancellation 4 lause. IN WITNESS W} EROF, the parties have set forth their hands and seals this day of April 2008. By _ Signature Craig Berggren Name(Please Pratt) For: St. Croix Sweeping.__._____.._.___... Company Its: Owner_._._ ��_� Title CITY OF OAK PARK HEIGHTS By: David Beaudet Date Mayor Eric A. Johnson Date City Administrator it