HomeMy WebLinkAboutC2020-274 - 8/11/2020 - ApprovedDocuSign Envelope ID:44029A17-352D-4074-80D9-0DBF9A5C302C
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SERVICE AGREEMENT NO. 3077
Street Sweeping Services for Public Works Department
THIS Street Sweeping Services for Public Works Department Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -
rule municipal corporation ("City") and Synergy Swe e ping Services, LLC ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Stre et Sw e e ping Services for Public Works
Department in response to Request for Bid/Proposal No. 3077 ("RFB/RFP"), which
RFB/RFP includes the required scope of work and all specifications and which RFB/RFP
and the Contractor's bid or proposal response, as applicable, are incorporated by
reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set
out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Street Sweeping Services for Public Works
Department ("Services") in accordance with the attached Scope of Work, as
shown in Attachment A, the content of which is incorporated by reference into
this Agreement as if fully set out here in its entirety, and in accordance with Exhibit
2.
2. Term. This Agreement isforthree years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to zero additional zero -year periods ("Option
Period(s)"), provided, the parties do so by written amendment prior to the
expiration of the original term or the then -current Option Period. The City's
extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
32,307,576.00, subject to approved extensions and changes. Payment will be
made for Services completed and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City's discretion, be allocated for use in the next option
period.
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Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
C orp us C hristi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Velma Pena
Department: Public Works Department
Phone: (361) 826-1933
Email: VelmaP@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the C 01 must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
notto renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractorto be provided to the City underthis Agreement before
performance can commence,the terms, conditions, and amountsrequired in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple -release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
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purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products su p plie d
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re -worked immediately at no charge
to the City. If immediate correction or re -working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering lessthan its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non -Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends onSeptember30th annually, issubject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
re present that this b u d get item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
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11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a C Olin advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon re quest, the City
Managershall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand -delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Velma Pena
Title: Contract/Funds Administrator
Address: 2525 Hyg eia St., Corpus Christi, Texas 78415
Phone:(361) 826-1933
Fax: (361) 826-1627
IF TO CONTRACTOR:
Synergy Sweeping Services, LLC
Attn: Byron K. Sharon
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Title: President
Address: 3540 Agnes Street, Corpus Christi, Texas 78405
Phone: (361) 946-1135
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
A GENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, C O URT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes asset out in this
Agreement.
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19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agreesto comply with all fe d eral, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nue ces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least 31,000,000 or that result in the
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('.+wuvIy 11.11 VCINJ w. UV. vv—vv.a I.—r..
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
CONTRACTOR
DocuSigned by:
Signature: ____{—bir'aw -• StutrOW
0/1 Al)) 2/CI 411404
Printed Name: N Ir. Sita► -ex,
Title: ir0sjr4er)
7/15/2020
Date:
CITY OF CORPUS CHRISTI
DocuSigned by:
Q
KNw B aiteD0344F...
Director of Contracts and Procurement
8/12/2020
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 3077
Exhibit 2: Contractor's Bid/Proposal Response
M2020-136 Authorized By
Council
08/11/2020
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ATTEST:
DocuSigned by:
RIttez4 1144.44
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Rebecca Huerta
City Secretary
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Attachment A - Scope of Work
1.1 G eneral Requirements/Background Information
The Contractor shall provide street sweeping services as outlined in this Scope of
Work.
1.2 Scope of Work
A. Streetsto be cleaned are mapped on Attachment A-1 and Attachment A-2.
B. The Contractor shall provide labor, supervision, equipment, and necessary
transportation to perform the services.
C. The Contractor shall clean street areas removing all dirt, mud, silt, sand, paper,
rocks, cans, glass, grass, sediment and other debris between all curbs, gutters,
median curbs, road shoulders, gore points (corners of medians), turning lanes,
intersections and underpasses located in the City as designated by these
specifications to the satisfaction of the Contract Administrator. (All of the above
areas are hereinafter called "Streets.") Cul -De -Sacs, curb returns (radius) and
curb "bulb outs" of streets will be swept along their entire length and free of
debris on scheduled sweep days. Storm drain inlets are to remain free of debris
and not collect sweeping debris during operations of the curb sweeping
process.
D. Forthe purposes ofthisspecification, clean is defined as a clear concrete surface
free from any debris. No item shall be left on the surface including asphalt,
floatable litter, caked mud, dirt, glass, or any other item that is not permanently
attached to the curb. The successful Contractor shall make every practical
effort to attain this level of service. The Contract Administrator may allow for
deviations from this definition due to street/curb conditions which may prevent
the Contractor from attaining this level of service.
E. Due to its continuous efforts to improve public streets, the City cannot guarantee
that the current street configuration of any streets designated for sweeping will
not change during the term of the contract. Despite any such changes to street
configuration, Contractor shall continue to perform at the most current price
under the terms of the contract.
F. In the event of necessary clarification(s), the City may contact Contractor to
further instruct sweeper operators with appropriate details of work.
1.3 Street Sweeping
A. The Contractors shall clean the streets at the following frequencies. At the sole
discretion of the Contract Administrator, streets may be reclassified during the
term of the contract to compensate for changes, including, but not limited to
higher traffic volume, greater volume of debris and unevenness of curb/street. At
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the sole discretion of the Contract Administrator, curb miles may be added or
deleted.
1. All streets mapped in the Downtown (Uptown/North Beach Area) on attached
Map, shall be cleaned three (3) times a week i.e. 156 sweeps per year, except
during inclement weather.
2. All streets mapped as Arterialstreets on attached Map, shall be cleaned every
60 days i.e. 4 sweeps cycle per year, except during inclement weather.
3. All streets mapped as Collector streets on attached Map, shall be cleaned
every 60 days i.e. 4 sweeps cycle per year, except during inclement weather.
4. All streets mapped as Residential Streets on attached Map, shall be cleaned
every 180 days i.e. 2 sweeps cycle per year, except during inclement weather.
5. Scraping with a skid steer or loader is acceptable in combination with
sweeping afterwards. This process will be paid by the hour and/or tonnage.
The use of equipment will be paid by the hour and disposal.
B. The City may require unscheduled sweeping services as a result of accidents,
citizens request, special events etc. The Contractor shall comply with such request
as follows:
1. During Normal hours (Monday to Friday 8:00 AM to 5:00 PM), the Contractor
shall begin sweeping no more than one (1) hour after the City making such
request by issuing task order.
2. During afterhours, weekends and Holidays, the Contractor shall begin
sweeping no more than three (3) hours after to the City making such request.
3. Payment for such unscheduled services shall be paid on actual mile basis.
C. The City may also require use of the Contractor's services for street prep work in
conjunction with the City's In -House Rehab Program. The use of equipment for this
purpose will be paid by the hour and disposal. The City will request equipment
needed two (2) workdays in advance, indicating the location and time to report
for each workday. The Contractorshall honor all such requests.
D. The Contractor is required to have a competent and experienced
supervisor/foreman on duty during each shift (nights and days) when work is being
performed under this contract. The supervisor/foreman may be a sweeper
operator. Sh all provide an emergency c o nta ct for th a supervisor/foreman that will
be utilized during emergency events during after-hours or on weekend.
E. The Contractor will comply with specific requirements of the City's Texas Pollutant
Discharge Elimination System (TPDES) and Municipal Separate Storm Sewer System
(MS4) Permit.
F. The Contractor shall notify Contract Administrator immediately of any Pollution
Discharge entering storm drains as a result of Contractor performance. Failure to
comply with City notification may result in termination of contract or criminal
charges to Contractor. The Contractor shall be responsible for the costs and
liabilities imposed by law as a result of the Contractor's failure or negligence in
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complying with the provision set forth in this section. For the purpose of this section,
costs and liabilities include, but are not limited to, fines, penalties and damages
whether assessed against the City or the Contractor, including those levied under
the Clean Water Act.
G. The Contractor shall establish and adhere to a regular schedule of performance.
H. The Contractor shall maintain gutter flow lines free of debris for free flow of water.
I. The Contractor shall adjust sweeping speed as perstreet and debris condition and
as recommended by the manufacturer. The Contractor will re -sweep entire street
without any extra cost to the City if the driver exceeds manufacturer's
recommendation.
J The Contractor shall use all reasonable methods to minimize dust emissions during
the performance of the contract. No separate payment will be made for any work
performed or material used to control dust resulting from Contractor's
performance of the work, or by public traffic, either inside or outside City right-of-
way.
K. Sweeping shall normally consist of a single pass over an area. The Contractor will
make as many additional passes or such extra effort as may be required to
adequately clean the street.
L. The Contractor shall hand remove, and hand sweep all debris in all specified areas
that is not vacuumed up by the street sweeper. This removal shall occur during
daylight hours in accordance with the specified safety requirements.
M. The City shall have the right to identify for the Contractor those areas where hand
work should be performed. Obstructions such as sm all tree limbs and rocks will be
removed from sweeping path and hauled away by Contractor rather than by-
passing the area or placing the obstructions on rights-of-way.
N. Larger obstructions such as impaired vertical and/or horizontal clearance by tree
limbs, fallen tree limbs, construction equipment or materials, and/or other similar
items shall be reported to the Contract Administrator.
0. The Contractor will make every reasonable effort to minimize streaks (i.e., debris in
path of travel) left by sweepers.
P. Inspections shall be performed on a regular basis, as well as spot checks and
response to complaints.
Q. The Contract Administrator shall decide adequacy of sweeping. In the event
results of sweep are unsatisfactory, the Contractor shall re -sweep unsatisfactory
area (s) at Contractor's expense within 24 hours after notification.
R. The City reserves right to withhold payment for missed, incomplete or unsatisfactory
sweeping performance.
S. At no time does the condition of the street relieve Contractor from sweeping
responsibilities. The City recognizes that not all streets to be swept are in good
repair. In those locations where streets are severely buckled, rolled, or in which the
asphalt along the curb line is disintegrating, the Contractor will be expected to
make the best effort possible to remove debris to a clean concrete finish. This may
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entail use solely of the vacuuming capabilities of the Contractor's equipment or
handwork at the Contract Administrator's sole discretion. Inspections of work
performed will take into consideration the condition of the streets.
1.4 Debris
A. Collection and transportation of debris from the streets to the disposal site shall be
the responsibility of the Contractor. The Contractor shall ensure all debris cleaned
from the gutter is removed and loaded onto the hopper of the street sweeper.
Excessive displacement of debris into the atmosphere (dust clouds), or onto the
street (debris"windrow") is not acceptable.
B. The Contractor shall dispose of silt, mud/debris and floatable trash in compliance
with paint filter test method and local, state and federal requirements. Written
proof (disposal tickets or invoices) of said disposal shall be provided to the Contract
Administrator on a monthly basis.
C. The Contractorshall be solely responsible for seal coat disposal in compliance with
local, state and fed eral requirements. Written proof (disposal tickets or invoic es) of
said disposal shall be provided to the Contract Administrator on a monthly basis.
The City shall not recycle seal coat removed from streets by the Contractor.
D. The Contractor shall deposit all debris collected from sweeping in compliance with
all local, state and federalrequirements. The Contractorisresponsible for payment
of all disposal fees, including, but not limited to permits, penalties, and citations.
Copies of disposal tickets will be turned in with each invoice.
E. The Contractorshall perform all handwork required to provide an efficient cleaning
operation. The Contract Administrator shall have the right to identify for the
Contractor those areas where handwork should be performed.
F. Cefe Valenzuela Landfill accepts small pieces of rubber and sorting is not required.
1.5 Equipment and Maintenance
The equipment used for cleaning shall be enough type, capacity and quantity to
safely and efficiently perform the street cleaning work as specified herein
A. Equipment
1 Equipment shall consist of Brush/Vacuum, Mechanical or Regenerative Air, or
may be a combination of these types of street sweeping vehicles equipped with
gutter broom(s) capable of dislodging crusted debris from road surfaces, a
water tank with proper spray assemblies for dust control, a pickup mechanism
capable of removing debris from the roadway and a dirt hopper with sufficient
capacity(three cubic yard minimum capacity) to allow operation to progress
with minimum interference when sweeping streets in traffic. Other types of
cleaning and sweeping equipment, as well as hand labor, shall be provided
where deemed necessary and approved by the Contract Administrator. The
equipment, tools and machinery shall be at the work site in good operating
conditions and approved by the Contract Administrator. If the Contract
Administrator determines any equipment is defective to the point that it may
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affect the quality of the work, that equipment shall be immediately repaired or
replaced.
2. The Contractor is responsible for supplying their own water and for purchasing
all equipment necessary to obtain all water required for dust control and clean
up, including, but not limited to an approved water meter, backflow preventer
and cradle necessary to support the meter and backflow preventer.
3. The Contractor shall not make connection to fire hydrant for water.
4. The Contractor shall ensure all dust suppressor equipment is always maintained
and working efficiently. All sweepers must be equipped with dual steering and
dual brooms. Arrow board are to be used on all street sweepers.
5. The Contractorshall provide a list of all equipment (including support equipment)
to be used by the Contractor. All such equipment is subje ct to inspection by and
final approval of the City. Such approval may require the Contractor to provide
on-site demonstration of the capability of any proposed equipment. The City will
allow the Contractor a reasonable lead-time to obtain equipment requisite to
provision of the services described herein, however, the Contractor shall
commence work with its existing equipment.
6. All vehicles used by the Contractor must be performance -worthy by visual and
operational inspection. Sweeper brooms must be washed once per day,
inclement weather excepted, and all other equipment, a minimum of once per
week. The City shall have the right to perform a complete inspection of all
vehicles at any time during the term of the contract. Should any vehicle, when
inspected, in the determination of the City, not meet those standards the City
feels are necessary to provide the services specified herein or to operate safely,
the City may require the Contractor to bring such vehicle to standard before the
Contractor may return such vehicle to service.
7. Contractor is encouraged to have a spare street sweeper that meets identical
specifications addressed herein, including suppression systems required on street
sweepers. GPS System on street sweepers are not required.
B. MAINTENANCE
Contractor must demonstrate evidence of an adequate service facility to ensure
scheduled routine maintenance, as well as inventory of a sufficient supply of
brooms and replacement parts to ensure the uninterrupted provision of cleaning
services described herein.
1.6 Safety
A. Applicable provisions of the following shall be incorporated into the specifications
for this project
1. Texas Manual on Uniform Traffic Control Devices
2. Texas State Highway Standard Specifications
3. Occupational Health and Safety Laws
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4. Federal, State and Municipal acts, rulings, ordinances, decisions and
regulations relative to performance of the contract.
B. The importance of safety cannot be over -emphasized. At its sole discretion, the
City reserves the right to disallow payment for any work performed where the
proper safety precautions were not observed
C. The safety of the public and convenience of traffic shall be regarded as of prime
importance. Unless otherwise provided herein, all portions of streets shall be kept
open to traffic. All equipment and personnel will always move in the same
direction as traffic during all cleaning operations.
D. Upon all traffic accid ent(s),the contractor shall be subject to test for cause.
E. The Contractor is required to adhere to state specific or current MUTCD (Manual
on Uniform Traffic Control Devices) guidelines.
1.7 Time of Operation
A. All cleaning operations for the Downtown/Uptown/North Beach areas shall be
performed between 11:00 p.m. through 7:00 a.m.
B. Cleaning operations for arterial, collector, residential and state streets shall be
performed between the daytime hours of 8:00 a.m. and 5:00 p.m. with the following
provisions:
1. Arterial, collector streets that have little or no impact on residential areas may
be swept at night to increase safety and the efficiency of sweeping operations.
2. State streets may be cleaned at night, as approved by the Contract
Administrator, but if cleaned during the day, they should be cleaned between
8:00 a.m. and 5:00 p.m.
3. Work on Saturday from 7:00 a.m. through 11:00 p.m. Sunday is expressly
prohibited without the prior written consent of the Contract Administrator.
4. No daytime cleaning shall be permitted on Martin Luther King, Memorial Day,
Independence Day, Labor Day, Election Day, Thanksgiving Day, Christmas Day
or New Year's Day. The elimination of these sweeping days does not relieve the
Contractor of its obligation to provide scheduled sweeping.
5. Streets listed in the Downtown map (North Beach & Ocean Shoreline) area may
be required to be cleaned at other hours, but only with approval from the
Contract Administrator.
1.8 Service Personnel
A. The Contractorshall hire competent drivers and properly train them.The Contractor
shall investigate the driving records of its drivers prior to and during their
employment and shall ensure that unsafe drivers do not provide services under the
terms of the contract to which these specifications apply. The Contractor shall
maintain strict rules against the use of alcohol, drugs and other intoxicants by its
Revised 02.21.20
DocuSign Envelope ID: 44029A17-352D-4074-80D9-0DBF9A5C302C
employees. For the purpose of these specifications, a driver whose driving record
reflects the following citations within the last three ye ars shall be deemed an unsafe
driver
1. Moving violations for excess acceleration or reckless driving
2. Driving while intoxicated (DWI)
B. Further, in the event an individual providing services for the Contractor during the
effective dates of the contract relating to this specification, is convicted of DWI,
the Contractor shall immediately prohibit said individual from providing services
under the terms of the contract relating to this specification.
C. The Contractor shall provide copies of current driver's licenses for all drivers as
appropriate to operate vehicles working on this contract upon request by the
Contract Administrator. Contractor sweeper operators shall have their driver
license reviewed annually and possess DOT medical card. Contractor sweeper
operators must wear a class 3 safety vest when working on the public right-of-way
(i.e. streets curb & gutter). Contractor shall provide Monthly Safety Training
Meetings to staff. Upon request of the Contract Administrator, Monthly Safety
Training Agenda and Attendance Log may be submitted.
D. The Contractor employees shall comply with all City of Corpus Christi regulations,
policies and procedures. The Contractor shall ensure that their employees always
present professional work attire. The Contract Administrator may, at his/her
discretion, direct the contractor to remove any contractor employee from City
facilities for misconduct orsafety reasons. Such rule does not relieve the Contractor
of their responsibility to provide sufficient and timely service.
1.9 Weather
A. For the purpose of this contract, the National Weather Service of Corpus Christi,
Texas shall be the weather forecasting and reporting agency. Any forecast by the
National Weather Service shall be deemed to extend only 12 hours into the future.
B. Cleaning operations shall not be conducted when there are climatic conditions
present or forecast that would make such operation ineffectual or dangerous.
These climatic conditions are termed inclement weather and include, but are not
limited to heavy rains, snow, ice and sleet. During such inclement weather, the
Contractor may suspend operation or any alteration to his/her route upon
approval from Contract Administrator.
C. The Contract Administrator shall have the right to order suspension of cleaning
operations whenever, in his/her judgment, inclement weather exists or is forecast
to occur, such that cleaning operations cannot be carried out in an effective
manner.
1.10 Cleaning Schedule
A. Each Friday during the scheduled cleaning cycle, the Contractor shall prepare
route lists for the upcoming two weeks and deliver via e-mail to the Contract
Revised 02.21.20
DDocuSign Envelope ID: 44029A17v352D-4074-80D9-0DBF9A5C302C
Administrator. If such Friday is a holiday, the Contractor shall prepare and deliver
to the Contract Administrator, said schedule, prior workday before that holiday.
1.11 Notifications and Inspections
A. Each morning prior to 7:00 a.m., the Contractor shall email the Contract
Administrator or designee indicating what locations were serviced and are ready
for inspection. If the location is rejected, the Contract Administrator will e-mail the
Contractor no later than 5:00 pm the day of inspection.
B. If any inspected areas are rejected by the City for Contractor's failure to meet
performance expectations, the Contractor shall re -sweep the rejected areas to
meet performance expectations. The Contractor shall not be paid for any areas
that fail to meet performance expectations after a second inspection by the City.
C. Any deficiency in the Contractor's performance shall be reported in writing by the
City to the Contractor. Such deficiencies shall be corrected by the Contractor no
later than 24 hours following the Contractor's receipt of such notice.
1.12 Contract Administration
A. The Contract Administratorshall approve all phases of performance and operations
under this Contract including authorization for payment. The Contract
Administrator shall be the single point of contact for the Contractor for all matters.
The Contract Administrator may change overtime and any such changes will be
given to the Contractor in writing.
B. Within 15 days following award of this contract, the Contractor shall meet with the
Contract Administrator to review the contract and make any necessary changes
to the route lists and/or Contractor's work plan. Prior to commencing work, all listed
routes shall be updated, in writing, by the Contractor, and, as approved by the
City, shall thereafter become the basis for:
1. The Contractor's cleaning routes,
2. Tonnage -of -debris -removed report,
3. The Department's inspection of cleaning,
4. The invoicing for curb miles completed and
5. Payment by the City for services rendered.
C. The Contractor shall not make anysubsequent changes or revisions to the route lists
without obtaining the express written consent of the Contract Administrator prior to
making such change orrevision.
D. The Contract Administrator will monitor, verify and approve the Contractor's work
performance. All streets cleaned by the Contractor must present an appearance
that is completely satisfactory to the Contract Administrator, as defined herein in
the Scope of work.
Revised 02.21.20
DDocu Sign Envelope ID: 44029A17-352D-4074-80D9-0DBF9A5C302C
E. The Contract Administrator shall maintain a daily log of completed work and will
verify completion of the Contractor's work with the Contractor once per week.
F. In the event a street rehabilitation or improvement project is under construction or
will be under construction where cleaning is scheduled, that portion of the
cleaning cycle will be deleted from the appropriate route lists at the direction of
the Contract Administrator. If applicable, the section(s) of streets deleted will be
re-entered at the first scheduled cleaning cycle following completion of the
construction work. The Contractor shall not be paid for portions deleted from the
route lists.
G. Prior to re-entering any such street into the cycle, a field inspection shall be made
by the Contract Administrator and the Contractor to determine what cleaning will
be allowed additional compensation by the City for initial cleaning of a reentered
street following rehabilitation or construction.
H. In addition to the procedure for verification of work performed as described herein,
the Contractor shall lend to the Contract Administrator, that assistance requested
by the Contract Administrator, with respect to verification of work performed.
Contractor will maintain detailed written records of work performed during the
term of the contract.
1.13 Contract Pricing
All contract pricesinclude delivery, personnel, and the cost offuel,the cost of labor
and maintenance, disposal of sweeper waste collected, and all other charges
related to the services provided. No travel time of equipment will be allowed.
1.14 Invoicing
A. Invoice for street cleaning shall be made per curb mile actually cleaned, upon
completion of a cleaning cycle.
B. Request for partial payment may be made, forwarded to the City for approval,
and shall include the following:
1. Invoice showing curb miles cleaned, cycle completed, and an extension in
dollars at the quoted cost.
2. Copy of the route lists for the invoiced period showing the date each street
was cleaned, the total mileage for the period and the signature of the
C ontractor's re presentative.
3. The amount of debris picked up.
C. No payment shall be made for any service other than the number of curb miles
cleaned or completion of a cleaning cycle
D. Any 'come back' work performed as a result of an unsatisfactory assessment of
the initial cleaning effort shall be made at no cost to the City.
E. Time expended in emergency equipment maintenance and/or in repeated
sweeping operations due to ineffective equipment shall not be billed to nor paid
by the City.
Revised 02.21.20
DocuSign Envelope ID: 44029A17-352D-4074-80D9-0DBF9A5C302C
Date: / aiv f QCT
;nt s - iia rricing/ scneauie
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
DEPARTMENT
BID FORM
RFB No. 3077
Street Sweeping Services for Public Works
Department
ADDENDUM 3
Authorized
Bidder: „e rj ,<)14%-r );( PS PC Signature: 1 -
PAGE 1 OF 3
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. in submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Item
Description
UNIT
QTY- 3
Years
Unit
Price
Total Price
Section 1- LF Street with Curb
1
Arterial
4 Cycles @ 174 = 696 Annually
Total
Lane
Miles
2,088
$ 0 • d 0
$ S(o, 0:)• ="
2
Collector
4 Cycles @ 265 = 1,060 Annually
Total
Lane
Miles
3,180
$ 0. 3b
$ i31, 9.w. _L
3
Downtown
156 Cycles @ 81= 12,636 Annually
Total
Lane
Miles
37,908
$ 35.6o
$ t, 31-11, 73q .L9
w
4
Residential
2 Cycles @ 1,384 = 2,768 Annually
Total
Lane
Miles
8,304
$ iii. 50
$ 51/11, cid
,DocuSign Envelope ID: 44029A17-352D-4074-80D9-0DBF9A5C302C
5
Inside Lane, Turning Inland
4 Cycles @ 384 = 1,536 Annually
Sub Total
Total
Lane
Miles
4,608
Item
Description
UNIT
QTY- 3
Years
Unit
Price
Total Price
Section 2 -LF Street Without
Curb
1
Arterial
4 Cycles @ 54 = 216 Annually
Total
Lane
Miles
648
$ 41.5°
$ ,A, 89.E l''
2
Collector
4 Cycles @ 55 = 220 Annually
Total
Lane
Miles
660
$ 41•r()
$?), 3?0, _"
3
Downtown
156 Cycles @ 6 = 936 Annually
Total
Lane
Miles
2,808
$3, `-L%'
$ 97, 476q. �.
4
Residential
2 Cycles @ 94 = 188 Annually
Total
Lane
Miles
564
$ i -l1.5°
$ , 3, 9W•
Sub Total
`. r
$,77, 3'73.
Item
Description
UNIT-
QTY --3.
Years
Unit
Price
Total Price
Section 3- Unscheduled
Sweeping
1
Labor Rate
HRS.
1,000
$ /o. "
$ /0, ott • cc'
2
Disposal
Tons
500
$ /° • w
$ 5, cm "'
Sub Total
$ ) 5, t
DocuSign Envelope ID:44029A17-352D-4074V80D9-0DBF9A5C302C
Item
Description
UNIT
QTY- 3
Years
Unit
Price
Total Price
Section 4- Spot Scraping
}
Labor Rate
HRS.
1,000
$ JO.cv
2
Disposal
Tons
500
SubTJotal-tract-Total
$ u.Q-
$ 5, ()) LL?
$ 10J:
(24S) CCnI-4-06 \) .a I , 3607, 5 .
U)
DocuSign Envelope ID: 44029A17-352D-4074-80D9-0DBF9A5C302C
ATTACHMENT C: INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor Agency to commence work until
all similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation is required on all applicable policies. Endorsements must
be provided with COI. Project name and or number must be listed in Description
Box of COI.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -written day notice of cancellation,
required on all certificates or by applicable
policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability Including:
$1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including)
$1,000,000 Combined Single Limit
1. Owned
2. Hired and Non -Owned
3. Rented/Leased
WORKERS' COMPENSATION
Statutory
EMPLOYER'S LIABILITY
$500,000
/$500,000
/$500,000
Page 1 of 3
LDocuSign Envelope IDv44029A17-352D_4074_80D9_ODBF9A5c302CN„ id related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in an amount sufficient
to assure that all workers' compensation obligations incurred by the Contractor
will be promptly met.
B. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown on
the policy;
• Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation, non -renewal or material change in coverage,
and not less than ten (10) calendar days advance written notice for
nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend
Page 2 of 3
DocuSign Envelope ID: 44029A17 -352D -4074-80D9 ODBF9A5C302C•,u !here be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Contractor hereunder until Contractor demonstrates
compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services - Services Performed Onsite
04/26/2019 Risk Management - Legal Dept.
BONDS
No bonds are required, therefore Section 5 Insurance; Bonds subsection 5(B) is null to this
Service Agreement
Page 3 of 3
DocuSign Envelope ID: 44029A17-352D-4074-80D9-0DBF9A5C302C
L
ATTACHMENT D: WARRANTY REQUIREMENTS
No product warranty applies to this Service Agreement therefore, Section 8
Warranty Subsections 8(A) and 8(B) are void.
Page 1 of 1