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Kellar Sweeping-2007-22STREET SWEEPING SERVICES AGREEMENT This Agreement is made and entered into this 11th day of September 2007, between the CITY of Grand Terrace, (hereinafter referred to as "CITY") and Kellar Sweeping, Inc., (hereinafter referred to as "CONTRACTOR"). A. Recitals. (i)CONTRACTOR has submitted a proposal to sweep public streets within the limits of the CITY. (ii)CITY has determined that it is in the best interest of CITY to enter into the Agreement hereinafter contained. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR as follows: B. Agreement. Term of Agreement: This contract will be for a period of three (3) years beginning October 1st, 2007, through September 30, 2010. Prior to June 1, 2009, contractor has the option to provide the City a price proposal for a fourth year, and request renewal of agreement for a second three (3) year term. The City has the sole discretion in the decision to renew the contract. If no proposal is tendered by June 1, 2009, the City will automatically proceed with the bid process. The rate of compensation during the contract term will rise or fall annually after September 30, 2010 based on the rise and fall in the Consumer Price Index (CPI) of the Bureau of Labor Statistics of the United States Department of Labor for CPIW (Urban Wage Earners and Clerical Workers) for the Los Angeles-Anaheim-Riverside Metropolitan Area, March to March average. STREET SWEEPING SERVICES AGREEMENT Page 2 of 16 SECTION I. SCOPE OF WORK The primary objectives of the sweeping program are to: 1.Establish and adhere to a regular schedule of performance. 2.Maintain gutter flow lines free of debris for free flow of water. 3.Maintain a state of cleanliness for road safety acceptable to the City and its residents. 4.Meet all Federal, State, County and City laws and ordinances. 5.Meet South Coast Air Quality Management District (AQMD) requirements as described in Rule 1186.1. 6.Meet all NPDES requirements to remove and properly dispose of dust, silt, dirt, leaves and other organic and inorganic materials from the City streets prior to such materials entering the City's storm drain system. A. Services Requested — 1.Services shall include furnishing all labor, equipment, tools, fuel, insurance, supervision, disposal costs and materials (except water), to sweep streets in accordance with the schedule and specifications contained in this document. 2.During the term of the contract, the Contractor shall sweep by machine all residential public streets, commercial public streets and all the paved public alleys in the City, in accordance with the sweeping schedule as established by the City prior to execution of the contract. 3 . Commercial and residential streets are defined for the purposes of this contract as all areas of public streets which are paved and which are regularly used for the operation of motor vehicles. B. Description of Work - 2 STREET SWEEPING SERVICES AGREEMENT Page 3 of 16 City of Grand Terrace — One (1) time per month Note the current schedule attached (A). These zones must be swept according to the 2007 Street Sweeping Schedule until December 31, 2007. As of January 1, 2008, a new schedule can be negotiated (with no change in compensation) with the city and the contractor combining zones and days of service for better operating efficiency. Once these new dates are established, they will remain throughout the term of the contract. The City will be responsible for notification to the residents of the new dates and any required posted sign changes in the neighborhoods. Grand Terrace Business District — One (1) time per week Both sides of Barton Road from Preston west to the I-215 Both sides of Mt. Vernon from Main north to Grand Terrace Road City Lots — One (1) time per month City Hall, Pico Park, Rollins Park, Senior Center Residentially zoned areas shall be swept between 6:00 a.m. and 3 p.m. Commercially zoned areas can be swept from 9 p.m. to 6 a.m. If any complaints arise from the sweeping times other than the 6 a.m. to 3 p.m. times, the contractor must work with Community Services to resolve the issue to the City's satisfaction. Special Requirements: •The City is requiring two separate types of equipment to be used throughout the year depending on the weather and/or foliage conditions. The City reserves the right to request equipment changes earlier or later in the year. •Summer Months (May- September): Equipment Type, Schwartz M5000* or similar type 3 STREET SWEEPING SERVICES AGREEMENT Page 4 of 16 •Winter Months (October — February): A8000 Schwartz Air Vac* or similar type •A GPS Navigation System with the ability to track the street sweeping activity and provide a monthly report of the streets serviced. •Street sweeping service should not exceed 8 mph on city streets. •Maintain a yard and maintenance facility both within a 20-mile radius of the City of Grand Terrace, City Hall. * This is not to be considered an endorsement, and the City maintains final determination of equipment adequacy. C. Labor, Equipment and Materials - 1.The Contractor shall use and furnish at his own expense all labor, equipment, and materials necessary for the satisfactory performance of the work set forth in this contract. The Contractor shall use standard heavy duty street sweeping equipment (as noted above), as necessary to clean the streets of the City of paper, glass, dirt, sand, rocks, litter, and debris. Bristles on brushes shall not be used beyond moderately worn conditions. 2.The operators shall be competent in all aspects of street sweeper operations. This includes knowledge of all operational aspects of the equipment used, knowledge of the California Vehicle Code, knowledge of standard safety practices, and knowledge of notification procedures should the need arise to contract City personnel. 3.The primary equipment shall be of recognized make and shall be kept in good and safe repair and not greater than 10-years old for either the chassis and/or the vacuum system. Semi-annual inspection of all equipment must be conducted with findings from those inspections to be submitted to the City in writing. 4 STREET SWEEPING SERVICES AGREEMENT Page 5 of 16 D. Quality Control - 1.Sweeping shall be done in a neat, orderly and professional manner. The street sweeper shall leave designated areas of sweeping free of dirt, litter, debris, obstructions, smears and visual dust in accordance to the City's standards of cleanliness. 2.While sweeping shall normally consist of a single pass over an area, the Contractor shall make additional passes or such extra effort as may be required to adequately clean the street. Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its pathway. Extra effort will be strictly enforced during and after windy conditions and storm weather. The cost of any extra effort shall be included in the contract cost. 3.Non-swept or non-sweepable items such as tree limbs, palm fronds, rocks, trash and debris shall be removed from the sweeping path by the sweeping operator rather than going around it. Larger obstructions such as impaired vertical and /or horizontal clearance by tree limbs, construction or landscaping debris, etc. shall be immediately reported to the City when the location cannot be swept. 4.The City Manager or His/Her appointed representative shall be the sole judge of the quality of work or quality of equipment. In the event that the results of a sweep are considered to be unsatisfactory, the City will notify the Contractor of exact location and description of deficiency. The Contractor shall re-sweep the unsatisfactory area at its expense, and responses shall be completed within One (1) Working Day. 5.The contractor must possess back-up capabilities for instances when sweeping cannot be completed on schedule due to mechanical failure. 6.Regularly scheduled work not performed shall be deducted from the invoice at twice the average curb mile cost (total monthly cost divided by the curb miles). 5 STREET SWEEPING SERVICES AGREEMENT Page 6 of 16 E.Emergency Sweeps — Occasional sweeping required by Contractor to include non-hazardous spills, accident clean-ups and unusual conditions, which would require after-hour, weekend and holiday responses. Response to emergency sweeps shall be within two (2) hours of notification by the City. Contractor shall provide City with name and phone number of contact person for after-hour emergency sweeps. F.Disposal - Contractor shall dispose of all refuse and debris collected from sweeping operations in the City's Corporate Yard. The cost for disposal is not included in the contract cost. F 1.0 Sweeping Practices and Standards of Performance 1. Areas of Street Areas of street shall include curb lines along both sides of the roadway or to the edge of pavement where no curb exists, along all curbs on raised medians, over all portions of painted median, painted left and right turn pockets, and all intersection cross-gutters. Noses or ends of curbed medians and arterial intersection turn pockets and arterial intersection center areas and dead spots are to be maintained on the same frequency as the median or intersection for which they are associated and included in the curb mile price. Curb returns (radii) at intersections of arterial and residential streets will be swept along their entire length and free of debris on scheduled arterial sweeping days. Excluded from areas to be swept are those that would cause damage to the equipment used. While Contractor is normally responsible for the 8' strip (sweeper width), curb to curb sweeping, an additional width of street may need to be swept at some locations due to unforeseen circumstances and shall be included within the curb mile price. 6 STREET SWEEPING SERVICES AGREEMENT Page 7 of 16 2.Flow of Traffic Sweeping shall be accomplished in the same direction as traffic flow at all times during sweeping. 3.Warning Devices Vehicles shall be equipped with top-mounted warning lights (rotating or beacon) visible for 360° or comparable traffic safety lights when sweeping. A rear-mounted left/right arrow stick shall be required for arterial and bike lane sweepers. 4.Sweeping Speed Sweeping speed shall be adjusted to street and debris condition with a maximum speed of eight miles per hour (8 MPH). City streets swept while driver exceeds eight miles per hour (8 MPH) will be re-swept in their entirety at Contractor's expense. In addition, a verbal warning will be given for the first violation. A written warning will be given for the second violation, and a "Failure to Perform" notice will be issued upon the third violation. 5.Notification of Non-sweeping Contractor shall provide City representative on a daily basis (when applicable) with list of all streets not swept when regular sweeping schedule is interrupted for any reason and shall deduct said street from the sweeping billing for that day. Contractor shall provide a list of non-sweepable streets to the City by facsimile machine or telephone by the end of the workday. The City shall notify the Contractor by phone on non-sweeping conditions due to inclement weather. The City's notification will serve as a non-sweep day and will not be paid for by the City unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to the City for approval. The daily rate will be calculated by the total annual cost divided by the number of service days. 6.Holidays and Potential Conflicts with the Waste and Recycling Contractor 7 STREET SWEEPING SERVICES AGREEMENT Page 8 of 16 Contractor will observe all City holidays and holidays observed by City's franchised waste hauler. Approved non-sweep days will not be paid for by the City unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to the City for approval. The daily rate will be calculated by the total annual cost divided by the number of service days Trash and recycling collection days will take priority over street sweeping days and cannot be both performed on the same day. Currently, Grand Terrace is serviced by Burrtec Waste Industries, Inc. every Tuesday. G. Water - The Contractor shall obtain water for sweeping operations at points designated by the City. Necessary water shall be furnished at the expense of the City. SECTION II. BOND, INSURANCE, AND DRUG FREE WORKPLACE A.Worker's Compensation — At the Time of the execution of the contract, the Contractor shall deposit with the City a certificate of Worker's Compensation Insurance, which insurance coverage shall be in accordance with the laws of the State of California. B.Personal Injury and Property Damage - At the time of execution of the contract, the Contractor shall deposit with the City a Certificate of Insurance, which shall evidence the fact that the Contractor has in full force effect a Comprehensive Personal Injury and Property Damage Insurance policy. Policy should be in the amounts no 8 STREET SWEEPING SERVICES AGREEMENT Page 9 of 16 less than $1,000,000 Personal Injury and $1,000,000 Property Damage. The policy shall name the City as additionally insured and shall provide that it cannot be canceled without at least ten (10) days' notice to the City. C.Drug Free Workplace - At the time of execution of the contract, the Contractor shall provide a signed written statement that the Contractor has implemented a policy to forbid any employees, consultants, Contractors, vendors, visitors or other individuals to sell, provide, use, possess or be under the influence of alcohol or illicit drugs or controlled substances not authorized by medical prescription while on the Contractors premises, representing the Contractor in any manner, or while on paid status for the Contractor. SECTION III. PAYMENT A.General Contractor invoice shall show the monthly amount due for the work described in these specifications. It shall also show the amount due for any authorized work not described in these specifications. Invoices are processed for payment upon receipt by the City and paid within 30 days. B.Suspension of Contract If, at any time in the opinion of the City Manager, the Contractor has failed to supply an adequate working force, or equipment of proper quality, or has failed in any other respect to accomplish the proper quality, or has failed in any other respect to accomplish the work with the 9 STREET SWEEPING SERVICES AGREEMENT Page 10 of 16 diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him. Should he neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the City Manager within the time specified in such notice, the City Manager in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor's control over the work to be done hereunder shall terminate, and the City Manager or his duly authorized representative may do the following: (1)Hire such force and buy or rent such additional machinery, tools, appliances and equipment, and buy such additional materials and supplies at the Contractor's expense, as may be necessary for the proper conduct of the work and for the completion thereof. (2)Employ other parties to carry the contract to completion, employ the necessary worker, substitute other machinery or materials, and purchase the materials contracted for, in such a manner as the City Manager may deem proper. (3)Annul and cancel the contract and relet the work. Notwithstanding the provisions of subparagraph (B) above, in the event the City receives in excess of fifteen (15) or more complaints documented in writing by Community Services from its citizens during any thirty (30) day period relating to the adequacy of performance by the Contractor, the City Manager may at his discretion elect to cancel the contract by giving thirty (30) days notice of cancellation in writing to the Contractor. SECTION IV. MEASURMENT AND STATEMENT The Contractor shall submit, upon the City Manager's request, a daily tabulation of which base area was swept, odometer readings, hours of operation, number of dumps and engine hour meter readings if available. This 1 0 STREET SWEEPING SERVICES AGREEMENT Page 11 of 16 is required to meet National Pollution Elimination System Discharge Reporting Requirements and must include the estimated volume and weight of materials dumped. SECTION V. INDEMNIFICATION 1. Indemnification: CONTRACTOR shall indemnify and hold harmless the CITY and its officers, officials, employees and agents from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or any one for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. SECTION VI. CONTRACT PRICE 1. Contract Price and Payment: For all of the services which the CONTRACTOR is obligated to perform under the terms of this Agreement, the CITY shall pay to the CONTRACTOR the sum of $4,200 per month. The CONTRACTOR shall provide additional street sweeping service for work not otherwise specified at the 11 STREET SWEEPING SERVICES AGREEMENT Page 12 of 16 rate of $145 per hour during regular working hours, $170 per hour on Saturdays and $195 per hour on Sundays with a two (2) hour minimum when requested by CITY's City Manager. Payment to the CONTRACTOR shall be made subject to the submittal of monthly invoices by the CONTRACTOR for work actually performed as verified by the City Manager or his designated representative. a. In the event this Agreement is extended beyond September 30, 2010, the base contract price may be adjusted annually on the anniversary date of the Agreement in accordance with the percentage change of the Consumer Price Index (CPI) for Los Angeles-Riverside-Orange County Metropolitan Statistical Area (1967=100), published by the Bureau of Labor Statistics of the United States Department of Labor for the previous year. The previous year's base contract price will be multiplied by the CPI and that amount will be added to the previous year's base contract price and will be the new contract price for the new year. For any given year, the base contract price shall not be increased beyond the CPI unless mutually agreed upon in writing by CITY and CONTRACTOR. 12 STREET SWEEPING SERVICES AGREEMENT Page 13 of 16 SECTION VII. STATE WAGE DETERMINATION a. CITY and CONTRACTOR stipulate that the agreed price for the street sweeping services for the duration of the Agreement are based upon the standard hourly wages paid by CONTRACTOR for drivers. b.CITY and CONTRACTOR stipulate that there is pending legislation, rules, and/or regulations that are being considered by the State of California requiring prevailing wages paid to street sweeper drivers. c.CITY and CONTRACTOR further stipulate that in the event that prevailing wage regulations do require the payment of prevailing wages to the street sweeper drivers that are required to fulfill this Agreement, the Agreement price will be increased to cover the additional wages required by the prevailing wage law and any additional expenses resulting from the increased wages paid to the street sweeper drivers by CONTRACTOR. This additional price increase will be effective as of the date additional prevailing wages must be paid by CONTRACTOR. 13 STREET SWEEPING SERVICES AGREEMENT Page 14 of 16 SECTION VIII. TERMINATION 1.Termination: Notwithstanding any other provision of this Agreement to the contrary, this Agreement may be terminated at any time by either party upon thirty (30) days written notice. 2.Attorney's Fees: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. a. The CONTRACTOR shall immediately clean up and/or report to the CITY any and all conditions related to street sweeping which may tend to create unsafe or hazardous conditions. The CONTRACTOR shall be held liable for any claim arising from failure to correct an unsafe condition that is within the scope of his contracted responsibility herein. 3.Assignment: a. No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONTRACTOR without the prior written consent by CITY. 4.Independent Contractor: 14 STREET SWEEPING SERVICES AGREEMENT Page 15 of 16 a. .12he parties hereto agree that CONTRACTOR and its employees, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 5. Governing Law: a. This Agreement shall be governed by and construed in accordance with the laws of the State of California, the County of San Bernardino, and applicable NPDES Permits. 2. Entire Agreement: a. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: 15 Title APPROVED AS TO ORM: By: City Attorney STREET SWEEPING SERVICES AGREEMENT Page 16 of 16 ATTEST: By:/;3)A% City Clerk CITY OF GRAND TERRACE Mayo CONTRACTOR 16