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HomeMy WebLinkAbout4.02 StSweep UniversalBldg CITY CLERK File #600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 16, 2002 SUBJECT: Award of Contract - Street Sweeping and Parking Lot Sweeping Services (Five-Year Contract Beginning July 1, 2002) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution 2) Agreement 3) Comparison of Proposals RECOMMENDATION:~ {£~ Adopt resolution awarding contract to Universal Building Services FINANCIAL STATEMENT: The estimated cost for annual street sweeping services based on 2001-02 budgeted quantities and the cost proposal submitted by Universal Building Services is $125,560. Actual quantities and cost extensions are variable depending on acceptance dates of new infrastructure. The cost ofstreet sweeping services is budgeted in the Street Sweeping Operating Budget and is paid by the General Fund. A summary of proposal costs submitted by other potential providers is shown in Attachment 3. DESCRIPTION: Street sweeping and parking)ot sweeping services have been provided to the City of Dublin on a contract basis since incorporation. For a number of years, the City's purchasing ordinance has comained a waiver of comPetitive bid for maintenance services such as street sweeping. The current contract format is a five-year term with annual increases in compensation based on the Consumer Price Index. In 2001-02, the current provider, A-1 Enterprises, was allowed a significant rate increase because of a legal determination regarding payment of prevailing wage for street sweeping services. At the time that the City Council approved the rate increase, Staff indicated that new proposals would be solicited for the 2002-03 fiscal year. Three proposals for street sweeping and parking lot sweeping were received. A comparison of proposal results is shown in Attachment 3. The lowest cost proposal was submitted by Universal Building Services (UBS). While the City's purchasing ordinance does not require award of contract based on the lowest cost proposal, Staffhas reviewed UBS's qualifications and checked with references and has concluded that c:\contract\sweeping~award of bid COPIES TO: Universal Building Services, Universal Sweeping Services, A-1 Enterprises ITEM NO. UBS is capable of providing sweeping services for the City of Dublin. UBS is currently providing services to the Town of Danville (5 years), City of E1Cerrito (17 years), City of Emeryville (15 years), City of Oakley (4 years), City of Antioch (6 years), and has previously provided sweeping services for Contra Costa County. Comments received from the contract administrators for these agencies were extremely positive. UBS has over 20 pieces of sweeping equipment and operators and management personnel with many years of experience. Staff recommends that the City Council adopt the resolution awarding the contract for street sweeping and parking lot sweeping services to Universal Building Services. Page 2 RESOLUTION NO. - 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AWARDING CONTRACT FOR STREET SWEEPING AND PARKING LOT SWEEPING SERVICES TO UNIVERSAL BUILDING SERVICES WHEREAS, proposals were submitted for street sweeping and parking lot sweeping services for a contract term of July 1, 2002 through June 30, 2007; and WHEREAS, proposals have been reviewed in relation to cost, qualifications, and references; and WHEREAS, the proposal submitted by Universal Building Services is considered most suited to the needs of the City of Dublin; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby awards the contract for street sweeping and parking lot sweeping services to Universal Building Services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement with an effective date of July 1, 2002. PASSED, APPROVED AND ADOPTED this 16th day of April, 2002. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk C: ~contractlsweeping~reso sweeping 2002 STANDARD CONTRACT SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of April 16, 2002 (effective July 1, 2002), by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Universal Building Services ("Contractor"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A~ Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay contractor for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furrdsh all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general prOvisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Contractor's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Contractor to be performed under this Agreement. Such changes, including any change in the amount of Contractor's compensation which are mutually agreed upon by City and Contractor, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE C,HARGE. Contractor shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. The Project Manager for Contractor shall be W'flliam Godfrey. Agreement Page 1 of 2 4/1/02 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPS°N ("Administrator"). All correspondence shall be directed to or through the Admini~rator or his or designee. 10. NOTICES. Any written notice to Contractor shall be sent to: Universal Building Services 3120 'Pierce Street Richmond CA 94804 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer 100 Civic Plaza Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation Attest: City Clerk BY "Contractor" Approved as to form: City Attorney Agreement Page 2 of 2 4/1/02 EXHIBIT A, SCOPE OF WORK AND RELATED REQUIREMENTS STREET AND PARKING LOT SWEEPING Contractor Shall use and furnish at his own expense all labor, equipment, and materials necessary for the satisfactory performance of the street sweeping and parking lot sweeping work set forth herein. After sweeping, curbs and gutters shall be left in a clean condition~ A clean condition is defined as the absence of residue in the streets and gutters upon the completion of the sweeping operation. The sweeping shall include as many passes as necessary to leave the street in a clean condition. Contractor shall maintain a log which indicates dates, times, streets, and miles swept: The log shall be available for inspection by the Public Works Director or his designee. A. Schedule The map provided as a part of this Exhibit outlines the sweeping schedule to be utilized for residential streets. Any deviations t~om this route and schedule must be approved by the Public Works Director in writing at least 30 days in advance of the change. If deviations fi~om the schedule are approved, Contractor shall be respons~le for notifying individual households that are affected IN WRITING at least two weeks prior to beginning the new schedule. Contractor shall provide a sweeping plan for commercial streets, which must be approved by the Public Works Director. All street sweeping shall be performed as follows: 1) Residential Streets Residential streets are defined as all paved and public streets which are not identified as commercial streets in the following paragraph. All residential streets, including any center or median strips therein, shall be swept twice each month on the second and fourth full weeks or as agreed between the City and the Contractor. Exception: the Contractor shall sweep specified residential streets once every week during the heavy leaf-fall season OR shall increase service so as to provide the same result, at the option of the Public Works Director or his designee. The duration of the extra service and the streets to be included shall be determined by the Public Works Director or his designee. The following generally commercial streets shall be treated as residential streets (swept twice per month) for the purpose of this contract: Dublin Boulevard westerly of Silvergate Drive, Dublin Court, Sierra Lane, Sierra Court, Civic Plaza, Trinity Court, Houston Place, Tassajara Road northerly of North Dublin Ranch Drive to City Limit. These commercial streets shall be swept early enough in the morning to avoid cars being parked along the street. 2) Commercial Streets The following streets are defined as commercial streets and shall be swept once every week: Amador Valley Boulevard (Village Parkway to westerly end), Village Parkway (Clark Avenue to Amador Valley Boulevard), Regional Street (Amador Valley Boulevard to southerly end), Exhibit A Page 1 of 4 4/1/02 Amador Plaza Road (Amador Valley Boulevard to southerly end), San Ramon Road (Dublin Boulevard to Alcosta Boulevard), Scarlett Court (Dublin Boulevard to easterly end), Scarlett Drive,~ Dublin Boulevard (Silvergate Drive to Tassajara Road), Dougherty Road (I-580 to Northerly City Limit), Clark Avenue (southerly of Dublin Boulevard), Golden Gate Drive, Hacienda Drive, Arnold Road (Dublin Blvd. to Gleason Drive), Gleason Drive (Arnold Road to Tassajara Road), Tassajara Road from 1-580 to North Dublin Ranch Drive. The center medians within the limits specified shall also be swept once every week. Any portions of the above streets which are not within the limits above shall be defined as a residential street and shall be swept in accordance with Paragraph 1 above. 3) Intersections Contractor shall sweep the intersection of the following major cross streets according to the same schedule as commercial streets: Dublin Boulevard/Dougherty Road Dublin Boulevard/Sierra Court Dublin Boulevard/Amador Plaza Road Dublin Boulevard/Regional Street Dublin Boulevard/Hacienda Drive San Ramon Road/Amador Valley Blvd. Amador Valley Blvd./Dougherty Road Dublin Blvd./Tassajara Road Dublin Boulevard/Dublin Court Dublin Boulevard/Village Parkway Dublin Boulevard/Golden Gate Drive Dublin Boulevard/San Ramon Road Amador Valley Blvd./Village Pkwy. Amador Valley Blvd./Regional Street Dublin Blvd./Hacienda Drive Paymem for intersection sweeping shall be made on a unit price basis as provided in Exhibit B. 4) Parking Lots The following City parking lots shall be swept on a twice-monthly basis during the same weeks as the residential sweep: Civic Center - 100 Civic Plaza Shannon Park/Community Center - 11600 Shannon Avenue Alamo Creek Park - Dougherty Road and Willow Creek Drive Dublin Sports Grounds - Dublin Blvd. next to Civic Center Emerald Glen Park, Gleason Drive at Tassajara Road Sweeping Shall be done after the normal operating hours of the facility so that no vehicles remain in the parking lot at the time sweeping is done. In the case of parks in residential neighborhoods (i.e., Alamo Creek Park and Shannon Park), sweeping shall be done at such time as to avoid noise complaints t~om adjacem residents. Sweeping days and times for all parking lots shall be approved by the Public Works Director or his designee. Payment for parking lot sweeping shall be made on a unit price per month basis as provided in Exhibit B. Exhibit A Page 2 of 4 4/1/02 5) Emergency Callouts Contractor shall provide a 24-hour telephone number and/or a list of employees, including telephone numbers and pager numbers, who are available for 24-hour emergency callout service. The response time for emergency callouts shall conform to the estimated time of arrival quoted in Contractor's proposal to the City. Compensation for emergency callouts shall be on an hourly basis as provided in Exhibit B. 6) Holidays If sweeping is not to be performed on certain holidays, Contractor must provide a schedule for sweeping the missed streets. City shall be advised in advance of holidays to be observed by Contractor and shall be provided with a makeup schedule that is no more than one week later. Once the makeup schedule is established, it shall not be changed without prior approval of the City. 7) Delays in Sweeping Schedule Inthe event of inclement weather, Contractor shall not be required to perform either the regular ~sweeping schedule or a makeup schedule. Contractor shall, if requested by the Public Works Director, sweep any streets which become littered with storm debris. In the event of a mechanical breakdown, service will be provided as follows: One sweeper kept in reserve for mechanical breakdowns; three full-time mechanics on staff B. Calculation of Curb Mileage Curb mileage shall be calculated according to actual street curb miles and not machine odometer readings. If Contractor and the City disagree on the number of curb miles in a given area, mileage may be measured and recalculated but the final determination shall be the City's. In the event that it becomes necessary to increase the frequency of sweeping during the heavy leaf fall season and thus increase the total number of miles swept or to increase callout hours, Contractor shall submit a proposal for City's approval prior to performing the additional service. Any streets added to the City during the term of this Agreement, either by new construction or annexation, shall be swept according to the appropriate schedule beginning as soon as said streets are accepted officially by the City. The additional cost for sweeping these streets shall be based on the per mile cost set forth in Exhibit B. Contractor shall be capable of providing any additional eqm'pment and personnel needed to sweep potential development or annexation areas for the term of this agreement. The City additionally reserves the right to reduce the number of curb miles to be swept within a given year without incurring an increase in the agreed per-curb-mile cost for that year. Exhibit A Page 3 of 4 4/1/02 C. Street Sweeping Complaints Contractor shall, in person or by his agent, investigate any complaints which may concern or involve the performance of this Agreement. Contractor shall report to the Public Works Director or his designee on the following working day as to the action or procedure taken with reference to any complaints, and when necessary, complete the citizens' request form which will remain on file in the City offices. D. Disposal of Sweepings Contractor shall dispose of all refuse collected by hauling same to legally established refuse disposal sites or other site approved by the Public Works Director. Refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed containers, which shall be approved by the Public Works Director. If containers are used, they shall be dumped upon completion of the sweeping cycle. E. Water Contractor shall provide, at his own expense, sufficient water for the street sweeping equipment necessary to comply with this Agreement and to assure that the curb and gutter are left in a clean condition and the amotmt of dust during sweeping is kept to a minimum. Water meters shall be obtained from the Dublin San Ramon Services District. The cost of water shall be paid by Contractor and included in the unit costs for various sweeping services. F. Equipment Operation The sweeper shall be operated at a safe speed which will allow for maximum debris pick-up. G. National Pollution Discharge Elimination System (NPDES) Requirements Contractor shall comply with the requirements of the Alameda County Urban Runoff Program and the requirements of the NPDES Permit, including preparation and submittal to the City of the monthly report which includes information regarding quantity of material picked up during the sweeping process. Reporting procedures and forms are subject to change by the enforcing agency. H. Preva'fling Wage COntractor is required to pay prevailing wage rates as per the provisions of Labor Code Section 1770, et. seq. The City may require Contractor to provide certified payroll reports. Exba'bit A Page 4 of 4 4/1/02 EXHIBIT B PAYMENT SCHEDULE UNIT PRICES FOR STREET SWEEPING SERVICES ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE TOTAL PRICE 1. Street Sweeping Curb Mile 5,102 21.91 2. Intersections Each 676 5.95 3. Callouts Hours 70 70.25 4. Parking Lots Per Month 12 403.00 TOTAL: 111,784.82 4,022.20 4,9t7.50 4,836.00 $125,560.52 Estimated number of curb miles vs. callouts is based on using callout hours to accomplish the fall leaf cleanup. The cost for parking lot sweeping shall be the cost to sweep all five parking lots twice per month, extended for 12 months. TERM The term of this agreement shall be for a five-year period beginning July 1, 2002, and ending June 30, 2007, unless terminated by either party as specified hereir~ ANNUAL RATE INCREASES Contractor will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco- Oakland Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics (Index) which is published ,for the date nearest the date of the commencement of the term of this Agreement. If the index published nearest the anniversary date (Renewal Index) has increased over the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calculation is provided below. The Public Works Director shall calculate the adjusted rate on each anniversary date of this agreement and shall provide notice to Contractor of such new rates. SAMPLE CALCULATION FOR ANNUAL INCREASES Year 1 Year 2 Year 3 Year 4 Curb mile rate of $17.00; Index at 125' Index at 128.5 = curb mile rate of $17.48 128.5/125 x$17 = $17.48 Index at 136.7 = curb mile rate of $18.60 136.7/128.5 X $17.48 = $18.60 Index at 140.3 = curb mile rate of $19.09 140.3/136.7 x $18.60 = $19.09 Exhibit B Page 1 of 2 4/I/02 * Calculations are theoretical based on prior history. The actual beginning index to be used is the June 30, 2002 figure. PAYMENT TO CONTRACTOR Compensation for street sweeping shall be based on the actual number of curb miles and intersections swept and number of callout hours expended. Compensation for parking lot sweeping shall be paid on a per-month basis. Quantities submitted by Contractor for payment by City shall be according to the schedule set forth in Exhibit A of this agreement. Callout hours are subject to approval by the Public Works Director or his designee. Unit prices shall remain in effect until modified under the provisions noted above. Contractor shall submit invoices on a monthly basis. Payment for services rendered per the Agreement will be made within 20 days following the month during which services have been performed, provided that the specified reports and invoices have been submitted in a timely manner. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated upon 30 days' advance written notice without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Contractor shall be entitled to receive just and equitable cOmpensation for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for darnages or compensation arising under this Agreement. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to date. Exhibit B Page 2 of 2 4/1/02 EXHIBIT C City shall not furnish any equipment Or facilities for Contractor's use under this Agreement. There are no City-owned locations available for storage bins, vehicles, or other materials or equipmem. Exhibit C Page 1 of 1 4/1/02 EXHIBIT D GENERAL PROVISIONS INDEPENDENT CONTRACTOR~ At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. LICENSES; PERMITS; ETC. ContraCtor represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice his profession. Contractor represents and warrants to City that Contractor shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice his profession. o TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) Coveting comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Ir, surance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: Exhibit D Page 1 of 4 4/1/02 Do Exhibit D Page 2 of 4 4/1/02 (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim admini~ration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising f~om work performed by the Contractor for the City. (3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. PERFORMANCE BOND. Contractor shall provide a performance bond equal to the sum that would be paid for two months' service, based on the estimated quantities and unit prices indicated in Exhibit B. The bond may be cash, securities, or surety. The City reserves the right to approve any bonding agent, surety company or provider of securities. o CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. o ASSIGNqV[ENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Exhibit D page3 of 4 4/1/02 I0. Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to thi~ Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices his profession. All instruments of service of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of his subcontractor. Contractor shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, 'and damages of every kind, nature and description directly or indirectly arising from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recogniTe and agree that this Agreement is not a construction contract. By execution of this Agreement Contractor acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance prograrr~ Exhibit D page 4 of 4 4/1/02 suMMARY OF STREET SWEEPING PROPOSALS CITY OF DUBLIN 2002 UNIVERSAL BLDG. SV. UNIVERSAL SWPG. SV. A-1 ENTERPRISES - ITEM QUANTITY UNIT COST EXTENSION UNIT COST EXTENSION UNIT COST EXTENSION CURB MILES 5102 21.91 11 !,784.82 23.24 118,570.48 26.34 134,386.6.8 INTERSECTIONS 676 5.95 4,022.20 6.00 4,056.00 8.54 5,773.04 CALLOUTS 70 70.25 4,917.50 80.00 5,600.00 111.66 7,816.20 PARKING LOTS 12 403.00 4,836.00 450.00 5,400.00 786.12 9,433.44 TOTAL 125,560.52 1'33,626.48 157,409.36 RESPONSE TIME WORKING HOURS 2 HOURS 1 HOUR 1 HOUR AFTER HOURS 3 HOURS 2 HOURS 1 HOUR EQUIPMENT LOCATION DANVILLE, RICHMOND DUBLIN, STOCKTON PLEASANTON MINIMUM CHARGE FOR CALLOUTS 3 HOURS 2 HOURS 1 HOUR