HomeMy WebLinkAboutStreet Sweeping Contract •
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
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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
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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
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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
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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
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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,
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then the City may cancel this agreement as provided by the cancellation
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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
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