7-26-0131 Scope of Work.pdf

SCOPE OF WORK

26-0131 Contract for Street Sweeping Services

1. INTENT

The intent and purpose of this invitation to bid is to establish an contract for street sweeping by a driven piece of equipment on existing roadways and parking lots within the City of Arlington Entertainment District, in accordance with the following standards, terms, and conditions.

The City reserves the right to make a bid award to either one vendor or to multiple vendors, whichever is in the best interest of the City. If the award is made to multiple vendors, it will be either as one vendor being the primary vendor and the other vendor the secondary vendor, or both vendors awarded jointly.

Awarded Vendor shall adhere to:

Safety requirements: All equipment used in sweeping operations shall be equipped in accordance with existing State law

Texas Department of Transportation’s (TxDOT) Standard Specifications and Special Provisions for Construction of Highways, Streets and Bridges, item 738, (2004) Edition

City of Arlington Wrecker Operations Chapter Amended by Ordinance No. 06-087

City of Arlington Storm Water Pollution Control Ordinance, Amended by Ordinance No. 10-019

City of Arlington Mobile Source Air Pollution and Ozone Reduction Policy is Administrative Policy 14

City of Arlington Vehicle Idling Ordinance, 08-076 Motor Vehicle Idling Restrictions, and Traffic Code Section 5.15

City of Arlington Health and Sanitation Ordinance No. 10-021, Article II

Federal Motor Carrier Safety Regulations known as 49 CFR Part 382

29 CFR 1910 Standards; OSHA Safety and Health Standards

The contract price shall include all labor, signage, materials, tools, an equipment list, fuel, incidentals, manpower, transportation, freight, taxes, levies, fees, or any other charges associated with services provided. The contract price shall include all labor to be paid in accordance with US Department of Labor, Wage and Hour Division (DOLWHD).

2. EQUIPMENT SPECIFICATIONS

The Contractor must provide a list of compliant equipment on Equipment List and submit as a response attachment. The Contractor shall provide and maintain throughout the term of the contract, a fleet of street sweepers and support equipment sufficient in number, appearance, condition, and capacity to efficiently perform the work and render the services required by the specifications herein. All equipment used during the process must meet all Texas Department of Transportation requirements for safety and have current inspection and registration.

All equipment shall be in good and operational condition necessary to perform the services throughout the term of the contract. All equipment is subject to the approval of the Contract Coordinator or designee. Such approval may require an on-site demonstration of the capability of any proposed sweeping equipment prior to the award of the Contract. Equipment failing to meet City’s inspection will require replacement. Any down time will count as a workday.

Equipment used in the Entertainment District shall be maintained in a clean, neatly painted manner and be free from rust, and major structural damage(s) i.e., missing bumpers, dented fenders, etc.

All equipment, including support equipment, must be equipped with communication equipment. Nextel communication or cell phones are acceptable. Two-way radio communication designed for commercial use is preferred. Citizen Band Radios are unacceptable.

The City is not responsible for damage or repair to the bidder’s equipment during the performance of these services. The Contractor, at no cost to the City, will replace any equipment found to be defective and potentially affecting the quality of the Street Sweeping.

Sweepers

Street sweepers shall be designated as either primary street sweepers or secondary street sweepers and shall be identified on the equipment list herein. All equipment used for street sweeping shall be of sufficient type, capacity and quantity to safely and efficiently perform the work as specified. All equipment shall be maintained for the handling and correct sweeping of all materials. Any changes from purposed equipment must receive prior approval from City.

• Street Sweep minimum requirements:

o Minimum fleet of two (2) street sweepers o Equipment must be owned by contractor

All street sweepers must meet the minimum EPA standards

• Mechanical & Regenerative Air Units:

o Have gutter brooms mounted on both sides o The ability to sweep from either side o Operate both gutter brooms simultaneously o Hopper capacity of no less than four (4) cubic yards o Main broom shall be a minimum of fifty-eight (58) inches wide o Adequately clean a minimum eight (8) foot wide path in one pass

• Vacuum Units:

o Have suction of not less than 8000cfm o Hopper capacity of not less than five (5) cubic yards o Gutter brooms mounted on both sides o May sweep from either side o Sweep eight (8) foot wide path (utilizing a four (4) foot wide center broom) in one pass

Equipped with backflow prevention devices or a minimum air gap of one inch (1”) must be maintained between the full level of the water tank and fill tube. A current certification of testing or a visual inspection of the air gap must be maintained by the Contractor.

All street sweepers should be equipped with GPS instrumentation that accurately records the route, date, speed, etc. Contractor shall provide this information to the City, when requested. Also, be equipped with an efficient water spray system capable of controlling dust, and the spray system shall be maintained in good operating condition at all times to meet the Specifications for Dust Control. Contractor shall use correct valves (auxiliary hydrant valve) when filling water tanks from hydrants and must have dual steering.

• Age:

o At the start of the contract the Primary street sweeping equipment shall be no more than 3 years old o Equipment more than 3 years old but less than 6 at the time of contract takes effect may only be used as secondary equipment.

Dump Trucks:

Depending upon the type of sweepers used, the Contractor may require the use of one or more dump trucks. It is the Contractor's responsibility to provide these vehicles, and dump trucks should comply with EPA standards.

2010 Heavy Duty Diesel Emissions Standard and must comply with the EPA 2007 Highway Rule regarding ULSD. Dump trucks must be tarped while in transit to disposal sites. Tarps must be secured and not torn or tattered.

Roll off Boxes:

The use of roll off boxes must be in compliance with City Health and Sanitation Ordinance No. 10 -021, Article II, with special attention to Paragraphs 2.19 and 2.10.

Contractor is not required to place any type of container on City right of way or private property, and any container set must be done so with prior written approval from Contract Coordinator. The City requires any container set within Arlington for the removal of trash and debris to be supplied by the Designated Collector, Republic Waste.

Debris will not be removed by the City as a regular service performed by the designated City Collector.

Contractor needing the removal of such debris, trash or brush shall have materials removed at its own expense.

Should the City's Collector supply Contractor with a commercial-type container to dispose of debris, trash or brush, Contractor shall pay the disposal fee required by the City Collector to dispose. These charges will not be passed on to the City, and shall be considered incidental.

Support Equipment:

Including debris transfer vehicles, pickup trucks, service trucks, tire trucks and any other item of equipment necessary to provide cleaning services as described in these specifications.

The Contractor shall provide all equipment, labor, spare parts, safety equipment, operational equipment such as brooms, water, and any other materials necessary to complete the required work. The Contractor shall be responsible for maintenance and repair of its own equipment. A sufficient supply of spare brooms and other parts shall be kept on hand by the Contractor in order to provide timely and continuous performance.

All vehicles used by the Contractor must be performance worthy by visual and operational inspection.

Sweepers must be washed once per day during inclement weather as excepted, and all other equipment must be washed a minimum of once per week.

Equipment Breakdown:

At no time shall the Contractor be unable to perform scheduled sweeping due to the lack of parts for more than a forty-eight (48) hour period, except in the Entertainment District. If equipment failure or breakdown occurs and such failure or breakdown prevents the Contractor from performing scheduled non-emergency or emergency sweeps over a forty-eight (48) hour period, the Director may authorize the performance of such street sweeps as necessary to be performed by a third party or by City forces. The Contractor shall reimburse the City for the full costs thereof within three (3) working days of the posting date of an itemized invoice sent by the City to the Contractor.

Breakdowns which affect the Entertainment District will result in Liquidated Damages at a rate of $ 500 . 00 per day until services are able to be re-established.

The City may grant permission for the Contractor, if necessary, for temporary rental equipment so to fulfill the requirements of the specifications. The Contractor must request permission to the City in writing for such rental(s), as well as provide copy of rental agreement(s), schedule of repair for downed equipment, and copy of final paid invoice, statement, or work order for repairs.

Any rental or repair costs associated with and to continue these specification schedules will wholly be the responsibility of the Contractor, and will be solely between the Contractor and its third party

Service Facilities:

The service facility of the Contractor must be located within a reasonable distance from the site of the proposed work, or at a location satisfactory to the City. The service facility must be adequate in both size and location to ensure routine maintenance for all required equipment and must maintain or be able to obtain replacement parts so that equipment down time is limited.

3. ASSIGNED PROJECT AREAS

1. Residential Sweeping: Areas of roadway along Road to Six Flags Dr are considered residential areas, and efforts are needed to not interfere with residents’ daily routine of ingress/egress, trash pickup, and standard residential delivery services.

2. Entertainment District: Entertainment sweeping shall consist of sweeping the full Entertainment District Routes on a weekly basis, and to include a minimal nine (9) Game- Day sweeping cycles. Special attention shall be taken while providing services within the Entertainment District. Dates may be subject to change or rescheduling based on individual events.

Completion of Game-Day sweeping shall occur after each FIFA-World Cup match to ensure all roadways are traversable within 4 hours of egress. It is anticipated that two or more sweepers may be needed to return heavily littered roadways back to normal condition. Sweeping of heavily littered roadways within the Entertainment District, could result in surcharge rate.

3. Special Events Cleanup: This work shall consist of sweeping services beyond those routine services specified herein but not limited to, special events, emergencies, storm cleanup, parking lots, leaf collection, etc. Payment for this work shall be for the number of hours worked at an hourly rate, plus one (1) hour travel time as payment for travel to and from the point of origin. In no event shall the total payment for such requests be for less than three (3) hours.

The Contractor shall be required to respond within two (2) hours of notification except during emergencies.

Emergency response time shall be no more than one (1) hour. In the event Contractor does not respond within allotted time, liquidated damages will be incurred. The contractor should be considered “on-call” for game days.

4. STRUCTURES TO BE SWEPT

The Contractor's personnel shall at all times use good sweeping practices and will be responsible to make adjustments to his equipment, as directed by the Contract Coordinator or designee. The Contractor must exercise due care as to prevent any spillage, as a result of sweeping activity and shall immediately clean up any spillage that may occur. Any spillage shall be reported to the Contract Coordinator or designee. The contractor shall make as many passes as necessary to accomplish the satisfactory performance measurement.

1. Roadways with Curbs: Concrete or asphaltic pavement structure include the entire length of the curbs. Sweeping should be performed in a manner eliminating all debris including scraping packed soil deposits, removal of all weeds and miscellaneous debris.

2. Roadways with no Curbs or Gutters: Contractor shall be required to make at a minimum a single pass in the center or crown of roadway, and a minimum of a single pass along each edge line.

3. Parking lots: Event parking lot areas have been identified and may require sweeping at an hourly rate. Sweeping is only to be completed, as requested by Contract Administrator or City of Arlington PW – Field Operations personnel. Map to be included of event parking lots.

Performance Measure:

No debris trails will be left on pavement structure and curb lines will be free of loose and packed debris and weeds.

Scrape packed soil deposits, remove all weeds and debris, sweep entire island surface and remove debris from surrounding gutter and curb line by means of a mechanical or vacuum sweeper.

5. SWEEPING PRACTICES

• Position gutter brooms at the proper angle to the gutter line, touching the curb.

• Set main broom in level position to assure debris pick-up. Apply appropriate broom pressure for sweeping conditions to obtain a minimum strike pattern of five (5) inches on a mechanical sweeper and two (2) inches on a vacuum sweeper.

• Replace gutter or side broom if worn to less than five (5) inches in length. Replace rear broom on mechanical sweeper if worn to less than eight (8) inches measured from core spacer. Replace broom if sections are missing. Vacuum sweepers main brooms shall not be less than three (3) inches in length.

• Adjust and replace spray nozzles to keep dust, caused by sweeping, to a minimum

• Center dirt deflector and main drag shoes shall be properly maintained and adjusted for proper pick up of debris. Any other devices designed to direct debris or dirt into the path of the rear broom or vacuum nozzle must be adjusted and replaced as needed to assure proper pickup of debris.

• Sweeping speeds shall be adjusted to street conditions with a maximum speed of six (6) miles per hour(mph).

• Operate sweepers as close to parked cars or other obstacles as safety allows.

• Water will be used in sweeping at all times unless the temperature falls below 32 degrees in which case the Contractor will not be required to use water as long as dust levels are kept to a minimum. In all cases the City will make the determination as to whether dust is a problem.

Blocked Routes:

Due to single vehicles no handwork or re-sweeps will be required where vehicles may be sitting during route. Routes which are obstructed by more than 160 feet (or five car lengths) and cannot be swept due to blockage will require the Contractor to notify the City’s Contract Coordinator or designee by the end of the business day or sooner if possible, via email or other electronic method.

Low Overhanging Branches:

Contractors are not required to sweep under tree limbs that may cause potential damage to their vehicle. If the sweeping contractor must avoid a low hanging tree limb, they may do so and resume sweeping the street gutter line within 10’ to 15’ of the low hanging tree limb

6. DUST CONTROL

Special Attention must be given to a Dust Control Plan so to meet the requirements of a Tarrant County’s Non- Attainment for 1 NAAQS pollutants, and services rendered must not exceed the EPA National Ambient

Air Quality Standards (NAAQS) (40 CFR part 50) for pollutants considered harmful to public health and the environment, either PM 10 or PM 2.5; as adopted by the Texas Commission of environmental Quality (TCEQ), and the North Central Texas Council of Governments (NCTCOG).

Pre-wetting may be required for certain sweeps during the dry season or in areas of new development/construction. The Contractor may be directed to perform pre-wetting by the Contract Coordinator or designee to minimize dust. The City will notify the Contractor in advance when possible that pre-wetting in emergency situations may be required.

7. REMOVAL AND DISPOSAL OF DEBRIS

Removal and disposal of debris collected during the cleaning operation shall be the responsibility of the Contractor.

• Dump Trucks should be the primary source for disposal of debris,

• All applicable State and local laws and ordinances related to the hauling, handling, and disposal of such material shall be complied with

• Suitable and acceptable disposal sites are solely the responsibility of the Contractor. The City shall in no way be responsible for the actions or any implied authority of the Contractor’s actions to dispose of materials.

• Contractor shall keep an accurate log to track the amount of debris removed from the street system, this includes but is not limited to, tracking the volume of debris, number of truckloads, and the date for all collected debris in each section.

• A copy of the log information shall be submitted to the City along with each monthly invoice.

• Contractor must comply in accordance with all Environmental Protection Agency (EPA) regulations as they relate to this service.

• The City strongly encourages Contractors to use a dump truck for the disposal of sweeper’s debris

8. ALTERNATE DISPOSAL RECEPTACLES

All security and financial costs associated with cans will be at the whole responsibility of the Contractor, including clean up and/or any security breaches that may occur while under contract by the Contractor.

The City will bear no responsibility, ownership, or financial obligation to said cans’ placement or usage.

1. Residential and Entertainment Area Cans:

Placement of cans will be strictly prohibited in residential areas or within the Entertainment District. Cans may be allowed with prior approval from Contract Coordinator or designee, in a mobile convoy, and they must only be used between the hours as work is allowed, and on the same day sweeping occurs within said residential districts and/or Entertainment District. Cans left overnight in the residential districts, and/or Entertainment District, even with property owner’s permission, may result in immediate termination of the awarded contract.

2. Alternate Location Area Cans:

The City must approve the proposed location of can(s) prior to operation. The City will not be responsible for any incidents resulting from the can being used for these services even with City’s approval of location. Cans may be left at various locations; however, it will be the sole responsibility of the Contractor to provide, and secure cans, obtain construction easements and all costs associated with said easements, and wholly be responsible for the can(s) while in use for street sweeping services throughout the term(s) of the Bid/Specification referenced herein. The City in no way will be responsible for the can(s), the use or misuse, and any events associated when in use, this includes but is not limited to, illegal dumping, disposal of unapproved materials including household trash, overflow of debris deposited by the public, and hazardous materials.

The Contractor will be solely responsible for all incidents occurring in association with cans, including but not limited to, illegal dumping, unapproved debris such as household trash, appliances, oil, grease, construction materials (including asbestos waste), and hazardous materials/wastes while Contractor’s use of cans to dispose of sweeper debris.

In the event hazardous materials, and/or wastes are dumped, the City relinquishes all ownership of the materials, waste, or contaminant(s), as well as the sites complete remediation(s) required by local, state, and federal laws where required, solely to the Contractor. All financial responsibilities associated with the remediation will be encumbered wholly by the Contractor.

Should any contaminants leach though cans, the initial site, as well as all areas adjacent to the origination of leaching shall be cleaned and free of residue, and/or environmental impacts; and remediated solely at the Contractor’s expense.

Locating sites for can placement, as well as, disposal of material(s) is the sole responsibility of the Contractor. Cans may be left overnight with prior approval from the Contract Coordinator or designee or designee at a designated location. The City reserves the right to require the can to be covered.

Contractor is solely responsible for any and all damage to the containers that might occur while being used for City Street Sweeping Bid Specification, and/or on the City’s property. The container shall be maintained in an acceptable condition throughout the term of the contract and will be the responsible party when working with the City’s Collector to meet all requirements herein. Contractor will be responsible for areas around can(s), all area(s) must be kept clean at all times.

9. SWEEPING REPORTS/DAILY WORK SUMMARY

Contractor shall submit daily sweeping reports by email no later than 10:00 a.m. the next working day to the Contract Coordinator or designee for inspection within the same day.

Each operator shall complete a daily sweeper report showing: date, equipment number, route swept, number of hours operated, hours of delay, reason for delay, odometer reading in and out, total odometer miles traveled, actual miles swept, total number of curb miles swept, and number of loads dumped and daily water usage.

Any deficiencies noted by Contract Coordinator shall be corrected by the end of the following business day.

10. SUBCONTRACTING

A subcontractor may be acquired at the contractor’s expense to perform any needed hand work, debris pick up including trash where necessary for sweeper to perform as specified. There will be no additional charges to the City for hand work or subcontractor’s cost to perform such services. All subcontractors shall have prior approval from the Contract Coordinator or designee, as well as pass background checks where necessary. Failure to obtain prior approval from Contract Coordinator or designee, may result in termination of awarded Bid Specification.

Subcontracting opportunities will not be allowed for the actual sweeping operations of this bid specification.

11. CONSTRUCTION WATER

Construction water necessary for the normal construction of this project will not be provided free to the Contractor. All construction water will be metered by City owned meters and only these meters. The Contractor is responsible for paying the current rate for the meter at the Customer Services Office prior to picking up the meter. There will be a fee and deposit for furnishing the meter. These meters will be furnished by the City of Arlington and will be picked up at the City of Arlington Water Utilities Field Operations Building. The meter is to be read and billed each month in accordance with the current

Customer Services Policy. Any damage that occurs to the meter during this time will be repaired by the City of Arlington at the expense of the Contractor.

The cost of the repairs will be deducted from the deposit and the remaining deposit returned to the Contractor. This procedure will be followed wherever construction water is needed. No exceptions to the rule will be sanctioned. If the meter is set on a fire hydrant, a valve shall be provided so that the operating nut on the fire hydrant does not control the flow of the water. Where water is necessary only to settle dust on the street at the request of the property Owners, the Street Superintendent or Contract Coordinator or designee will notify the Contractor. The necessary application of water for dust shall be considered subsidiary to the other bid items listed in Section No. 6 of this Contract.

12. TIME FOR COMPLETION

Upon issuance of a Notice-to-Proceed, Contractor shall begin work and proceed with all reasonable methods from dispatch to completion. The Contractor will be required to maintain all Assigned Project Areas (APA) in the time allotted. Work started within an APA should be completed in consecutive days.

Failure to complete the work within the agreed upon time frame at the APA as specified in the Notice to Proceed letter will result in liquidated damages being sustained.

Work shall commence within ten (10) calendar days after receipt of the Notice to Proceed Letter has been issued.

13. LIQUIDATED DAMAGES

Unless otherwise provided, the Contractor will pay the City $500.00, compounding each day of for failure to meet work schedule due to equipment downtime in the Entertainment District or at Airport, and upon failure to respond to an Emergency Notification. The job start date will be identified within the Notice to Proceed letter with the exception of any written pre-authorized time extensions.

The nature of this Bid/Project Specification is such that the overall project may be separated into one or more smaller projects, each with its own Notice to Proceed letter being issued. Each Notice to Proceed letter shall have a maximum number of calendar days (as agreed upon in advance by the City and the Contractor) identified to allow the completion of said project(s).

14. UTILITIES

Contractor should take every precaution to avoid contact with utility apparatuses such as, but not limited to, traffic signal cabinets, telecommunications cabinets, pedestals, or poles, fire hydrants when mobile. All above ground cables shall be avoided when dumping canister.

Should a utility apparatus and/or overhead line be hit and/or damaged, it will be the Contractor’s sole responsibility to notify the utility company(ies) effected and the City Contract Coordinator. All damages and claims with the utility company(ies) or the City will wholly be the responsibility of the Contractor, and the City will not be held liable for and Contractor shall not seek any compensations from the City as a result of damage. Receipt of reconciliation regarding all parties involved may be required prior to the continuation of the contract or renewal of contract.

15. INGRESS AND EGRESS

The Contractor shall try at all times to leave private driveway and roadways open to all citizens living along the street and to provide ingress and egress to their property. It is not the intent of this provision to work a hardship on the Contractor or his forces, and it is realized that there will be times when it is impossible to provide ready access to all property; however, the Contractor will attempt to keep drives open as long as it does not, in the opinion of the Contract Coordinator or designee interfere with the progress of the work.

16. HOURS OF WORK AND SPECIAL PROVISIONS

Hours of work on thoroughfares and arterial collectors, work shall not begin before 10:00.p.m and will need to end by 5:00.a.m. On residential streets, work shall not begin before 8:00.a.m. and will end by 5:00 p.m. Contractor shall comply with the Hours of work, unless hourly sweeping has been requested by COA personnel, or within completion of game-day sweeping services.

Contractor shall keep the existing drainage structures open and free from all construction debris. The contractor shall protect manhole covers, valve box lids, etc. from being damaged by equipment.

The Contractor is prohibited from discharging any liquid pollutants from equipment onto the roadsides, down storm drains via street inlets or drains accessible through manholes.

Contractor shall not place or leave any construction materials, tools or trash on citizen’s lawns. In the event any damage occurs on private property, Contractor will repair or replace to original condition at the Contractor’s expense.

The Contractor shall try, at all times, to leave private driveway and roadways open to all citizens living along the street and to provide ingress and egress to their property. It is not the intent of this provision to work a hardship on the Contractor or his forces, and it is realized that there will be times when it is impossible to provide ready access to all property; however, the Contractor will attempt to keep drives open as long as it does not, in the opinion of the Contract Coordinator or designee, interfere with the progress of the work.

Sweeping Routes:

World Cup Prep Map shows the Game-Day Sweeping routes, Entertainment District Sweeping routes, and contract event parking lots.

Ent District routes – total of 67.91 curb miles Game-Day Sweeping – total of 41.04 curb miles

17. PROTECTION OF THE PUBLIC

The Contractor shall at all times conduct the work in such manner as to ensure the least possible obstruction to public traffic and protect the safety of the public. Public safety and convenience and provisions therefore made necessary by the work, shall be the direct responsibility of the Contractor and shall be performed at his entire expense. Materials placed on the site or materials excavated and the construction materials or equipment used shall be located to cause as little obstruction to the public as possible.

The Owner reserves the right to remedy any neglect on the part of the Contractor regarding public convenience and safety, which may come to its attention. The cost of such work done, or materials furnished by the Owner shall be deducted from monies due or to become due to the Contractor.

The Contractor shall be responsible for the protection of all fences, trees, curb and gutter, and other improvements on the property adjoining the APA sites from damage by the Contractor's equipment and men. No trees, shrubs, or bushes will be trimmed or removed by the Contractor until written permission is granted. The Contractor will not be allowed to place excess material, equipment, water trucks, or replacement parts outside the street right-of-way.

The Contractor shall be liable for all damages to City property including, but not limited to equipment, vegetation, private property and contents abutting the City’s job site resulting from the Contractor’s or Subcontractor’s work or negligence in performance of the work by the Contractor’s or Subcontractor’s personnel or equipment. The Contractor will be wholly responsible for any and all damages either to the City, Utility Company(ies), or private citizen’s properties as a result of operation.

18. FINAL INSPECTION

The Contract Coordinator or designee will make final inspection of all work included in the Notice to Proceed Letter per the Bid Specifications while job is in progress either schedules or randomly, and as soon as practical after the work is completed and ready for acceptance and final payment.

If the work is not acceptable to the Contract Coordinator or designee at the time of such inspection, the Contractor will be informed in writing as to the particular defects to be remedied before final acceptance will be made.

All cleaning which has been rejected shall be re-swept or when said work cannot be re-swept satisfactorily, it shall be re-swept until acceptable at the Contractor’s whole expense. The City reserves the right to short pay invoices for unacceptable sweeping for cycles at an hourly rate or by the curb mile, however, the location is paid. Invoices must include the curb miles and a conversion of curb miles to hours.

Work done without proper inspection, as well as, any extra or unspecified work done without written authority by the Contract Coordinator or designee or designee and/or prior written agreement by the City as to the price shall be done at the Contractor's risk and will be considered unauthorized. All work deemed unauthorized by the Contract Coordinator or designee or designee will not be measured or paid for and shall be at the Contractor's whole expense.

Should there be a conflict between the specifications and standard Operational practices, the Contract Coordinator or designee shall make the final determination.

19. REMEDIES FOR NON- COMPLIANCE

Failure on the part of the Contractor during the term of this contract in one or more area(s) would be reasonable cause for the Contract Coordinator or designee to issue a Notice-to-Cure (NTC) warning, in addition to liquidated damages as required. Area(s) can include, but are not limited to, non-performance of service in accordance with the specifications herein; having more than two (2) failed inspections; failure to maintain work schedule; failure to install materials as specified; or failure to show.

Furthermore, the Contractor shall conduct operations in a manner that reflects favorably on the City. Calls from citizens concerning poor performance will be verified and if deemed correct, the Contractor shall be notified. Continued performance issues will result in cancellation of the contract.

It is the goal of the City to resolve disputes at the most minimal level, therefore,

1. Should minor failure(s) occur during the term of this specification, the following will apply;

minor is defined as less than four (4) hours’ worth of work or delayed completion.

• Inspector will verbally warn and give Contractor instructions to correct minor failure(s), as well as record the corrective action internally. Upon correction as specified, the Contractor will continue schedule with no written warning.

2. More than two (2) verbal warnings for the same failure within the term of the contract, or a failure to comply with verbal warning(s) shall be sufficient reason for the Contract Coordinator or designee to issue an NTC warning. Some known, but not all cures will be as follows:

• When Contractor fails to maintain the required rate of services per the City’s scheduled demand the first time, then Contractor shall respond to NTC by supplying the Contract Coordinator a thorough schedule identifying the service schedule per location affected by NTC, unless otherwise identified within the NTC.

• When Contractor fails to maintain the required rate of services per the City’s scheduled demand subsequently, liquidated damages will be incurred.

• When maintenance is performed without proper inspection, as well as any extra or unspecified work is done without written authority by the Contract Coordinator or designee and/or prior to a written agreement by the City, then Contractor is at risk and all work will be considered unauthorized. Such unauthorized work includes any materials, tools, incidentals, mobilization and transportation of crew used, and therefore will not be measured or paid for, and the NTC may order all incorrect services to be corrected at the Contractor's whole expense.

• When maintenance fails inspection, then all rejected areas will be outlined for correction in the NTC and must be corrected within twenty-four (24) hours, or as identified within the NTC.

3. Failure to cure within twenty-four (24) hours, or as identified within the NTC, or as mutually agreed upon; or more than three (3) NTC for same incidents, as specified in the NTC, will result in the following:

• The affected portion of the maintenance, either in whole or in part, will be removed from the Contractor’s responsibility and be delegated to a third-party contractor at the failed Contractor’s whole expense;

o The cost of delegating any portion of work will be deducted from any monies due to, or which may become due to the Contractor.

• The affected portion of maintenance which fails to be corrected will be removed from the Contractor’s responsibility and be ordered from an alternate contractor.

• Additional cycles may be suspended until the assigned Project Area(s) are corrected in whole;

o If suspension occurs, Contractor will be required to remediate all failure(s) before continuing future work within the City.

o Each day of suspension will count as a calendar day (workday).

• In the event the Contractor fails to correct in whole per the NTC and to the satisfaction of the City, or fails to correct rejected, or unauthorized work after receiving the NTC, the City shall exercise all rights, including the right to terminate the Contract due to material breach in whole or part with cause.

o The Contractor shall pay all costs and attorney fees incurred by the City in the enforcement of any provision herein or within this document.

• All responses to the NTC must be in writing by the Contractor and submitted electronically to the City’s Contract Coordinator within five (5) calendar days.

It is fully understood by the Contractor that after reasonable and documented attempts between the Contractor and City to bring any failures/unacceptable work to an acceptable level, the City reserves the right to notify Contractor that the City has the intent to hire a third-party Contractor. The City may hire a third-party Contractor at any costs to repair any unacceptable sites(s) within the assigned Project Area(s) deemed unacceptable in part or whole, in an effort to stay on schedule.

Full Entertainment District Sweeping

Game-Day Sweeping

Combined Sweeping Map