HomeMy WebLinkAboutReso 227-05 StreetParkingLotSweep
RESOLUTION NO, 227 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING AGREEMENT WITH UNIVERSAL BUILDING SERVICES
FOR STREET SWEEPING AND PARKING LOT SWEEPING SERVICES
WHEREAS, the City and Universal Building Services entered into an agreement effective July I,
2002, for street sweeping and parking lot sweeping services; and
WHEREAS, said agreement requires the contractor to pay prevailing wages based on a
determination of the Department ofIndustrial Relations (OIR); and
WHEREAS, the DfR has issued a new determination dated June I, 2005, which no longer
requires payment of prevailing wages for custodial street sweeping, which determination is under appeal;
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WHEREAS, Universal Building Services desires that the agreement be amended to reflect that the
DlR now believes street sweeping is not a public work for which prevailing wage must be paid, and the
City is willing to amend the agreement to remove the requirement that UBS pay prevailing wages as
requested by UBS, provided that UBS assumes any and all risks associated with the potential that the June
1, 2005, decision maybe overtumed on appeal or by a court; and
WHEREAS, Universal Building Services agrees to reduce the unit cost for street sweeping upon
removal ofthe prevailing wage clause from the agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the amendment to the agreement attached hereto as Exhibit A with an effective date of January I, 2006,
BE IT FURTHER RESOLVED that the Mayor is authorized 10 execute the amendment
PASSED, APPROVED AND ADOPTED this 20th day of December, 2005.
AYES:
NOES:
ABSENT:
Councilmembers Hildenbrand, McCormick and Zika, and Mayor Pro Tern Oravetz
None
Mayor Lockhart
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jUj G'O<ProT
ABSTAIN' None
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EXHIBIT "A" OF RESOLUTION ~2.1 - 05
AMENDMENT NO.1 TO THE STANDARD CONTRACT SERVICES
AGREEMENT BETWEEN THE CITY OF DUBLIN AND UNIVERSAL eUILDING
SERVICES
This ClPlendment is m<:lde and entered into this ;)..(J-- day O~b~d
between the City of DublIn ("the C~y"), a municipal corporation, and Unlvarsal
Building Services ("Contractor") (collectively the City Bnd Cuntractor Bre referred
to as "the Parties,")
RECITALS
1. On April 16, 2002, the P<lrties enleredinto the Standard Services
Contract ("the Agreement") in which in which Contractor agreed to provide 3treet
and parking lot sweeping services 10 the City in return for payment basad on unit
prices for street sweeping services.
2. The Agreement reqllires Contractor 10 payprc...aiJing wage rates as
per the provisions of Labor Code Section 1770 at. seq. and permits the City to
request certified payroll reports from the Contractor, (Agreemenl, Exhibit A, plrt
H),}
3, On June 1, ~005. the Department of Industrial Relations (DIR,)
Issued a decision holding that street sweeping work is not a public work for Which
. prevailing wage compensation must be paid (DIR. Public Works Case No.
2005"007.)
4. This DIR decIsion has been appealed and that appeal has not yet
bcanmSOlvcd,
5. UBS desIres that the Agreement be amended to reflect that DIR
now believes that slreet sweeping is not a public work for which pravailing wage
must be paid, and the City is willing to amend the Agreement to remove the
requirement thaI UBS pay prevailing wages as requested by UBS provided that
UBS assumes any and <:III risks associated with the potential that tho June 1,
2005 decision mey be overtumed on appeal or by a court.
NOW, THEREFORE, tho Parties agree as follows'
a, Item H on page 4 of ExhibitA to the Agreement is amended to read
as follows
H. Pavment of Prevaiiino Waoe Not R~ed,
On June 1,2005, the Department of Industrial Raiations ('"DIR")
issued a loiter to the City of Sal'lta Ciarita indicating that street
sweeping work is not a public work subjoct to the payment of
prevailing wages ("the JUf1e 1. 2005 decision"}, The June 1 2005
decision has been appealed, butlhe appeill has notyetbae'n
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resolved, Two earlierDIR precedenlial determinatior'!6 indicating
that street sweeping work is a public work subjectla :he payment of
prevaiiing wages wew "de-designated as precedential decisionS"I!'!
early 2005. In reliar.Ge upon the June 1,2005 decision and the "de.
designation" of the two earlier DIR precadential decisions, the City
hereby determines that the work performed under thIs Agreoment is
not a public work subject to the paymsnt of prevailing wages
Contractor hereby assumes all risks associated with the potential
that the DIR determinations are reversed or that the City's
determir.ation horein that the work performed under this Agreement
is not a public work IS incorrect or Inconsistent with Cslifornia law_
In other words, Contractor. and nolCity, shail be solely liable to its
empioyeos for the failure to pay prevailing wage, and Contractor
shall have not right to seek Indemnity from City for the difference
between wages actually paid and prevailing wages if it is later
determined that Contractor was requin:ld to pay Its employee
prevailing wages for the work performed under this Agreement
Contractor further agrees that should the June 1, 2005 decision be
reversed, it will negotIate in good faith with the City on an
amendment to this Agreement to ensure compiiance .....ith the law
then in effect.
I
b, Effec\ive~60lS~thC Unit'Prices for Street Sweeping Services
set forth in page 1 of the Payment Schedule, whiCh is attached to the Agreement
as Exhibit B. is amended to read as follows:
ITEM UNIT OF UNIT
DESCRIPTiON MEASURE PRICE
j Streel---c,"'bMII~-2['6Q
Sweeping
~ Intersections
3.CalloUls
4.PerllingLots
Each
Hours
Per Month
5,SQ
66.04
----
04330
---
The foregoing rates will be adjusled on July 1, 2006 according to the terms of the
Payment Schedule.
c. Exhibit D is amended to Include the following additional provisions:
11. WAIVER OF RECOVERY RIGHTS, Contractor waives any
recovery rights it may have under the labor Code Sections 1726
and 1781 relating to publk agency Iiebililyforfailurn to idsntity a
project as a public work.
12, iNDEMNIFICATION FOR LIABILITY, ContraClorshal1
indemnify the City for any liability imposed under this Agreemer.t for
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violation of Labor Code Sections 1726 and 1781 relating 10 public
agency liability for failura to Identify a projeclas a public work,
IN WITNESS WHEREOF, the parties hereto have caused Ihis
Amendment 10 be executed as of the date and year first above written.
CITY OF DUBLIN
Attest:
Approved as 10 form:
~'d~ :yJ;c
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City Attorney
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