HomeMy WebLinkAbout4.06 Street& Pking Lot Sweep
CITY CLERK
File # Dl0lO1~·~OJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 20,2005
SUBJECT:
Amendment to Agreement with Universal Building Services for
Street Sweeping and Parking Lot Sweeping Services
Report Prepared by Melissa Morton, Public Works Director
ATTACHMENTS:
1)
2)
3)
Resolution and Proposed Amendment
Copy of Determination Issued June 1, 2005
Current Agreement with Universal Building Services for
Street Sweeping
RECOMMENDATION:
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FINANCIAL STATEMENT:
Adopt the resolution approving the amendment to the agreement
with Universal Building Services (UBS).
This amendment provides for a 1 ()01o reduction in unit costs for street
sweeping services for the balance of the contract. The budget for
street sweeping services for 2005·2006 is $148,000. If the
amendment takes effect January 1, the 10% reduction would apply to
approximately half that amount or $74,000. Based on this
calculation, the estimated savings for the balance of 2005-2006
would be approximately $7,400.
DESCRIPTION: In 2001, the Department of Industrial Relations (DIR) issued a
determination that the custodial type of street sweeping performed on a regular basis by public agencies
was subject to prevailing wage requirements. At that time, the City amended the agreement with its
current provider in order to comply with the determination, and when the contract was bid again in 2002, it
included a provision requiring payment of prevailing wage.
On June 1,2005, the DIR issued a new determination which states that ''the street sweeping work ofthe
City. . . is not a public work subject to the payment of prevailing wages." The other public agency clients
served by UBS, including the cities ofEmeryviUe and San Pablo, have already amended their agreements to
remove the prevailing wage requirement. UBS has additionally provided sweeping services to Contra
COPY TO: Bill Godftey, UBS
Page 1 of2
ITEMNO.~
F:\contract\sweeplnglagst amendment 2005
Costa County, which includes several cities as part of its contract. The Contra Costa contract has expired
and been re-bid without the prevailing wage clause. UBS has specifically requested that the City of Dublin
also amend its agreement so that the wage paid to drivers is the same for all clients_
The DIR determination is under appeal, and the City Attorney's office initially suggested waiting a few
months for the outcome of the appeal before making any contract changes. Although the appeal is stiIl
pending. in order to alleviate the unequal wage situation for UBS, the City Attorney's office has agreed
that the amendment can be processed, but has included language which acknowledges the existence of the
appeal and provides that UBS would assume any risk associated with the determination being overturned.
UBS has offered a 10"10 rate reduction based on removal of the prevailing wage clause ftom the contract.
If the reduction begins on January 1, 2006, the 10"10 reduction would amount to an approximately $7,400
savings for the balance of the fiscal year. This reduction would not extend to the parking lot sweeping
rates, which are artificially low due to their inclusion in the overall contract.
The street sweeping agreement provides for an annual adjustment of rates based on the Consumer Price
Index. The proposed rates detailed in the amendment would be subject to the CPI adjustment beginning
July 1 of 2006. The current agreement expires at the end of June 2007, and Staff intends to obtain bids
again prior to that date.
The cost of street sweeping, which is an important part of the City's Clean Water Program, is currently
paid fi'om the City's General Fund. Staff recommends that the City Council adopt the resolution approving
the amendment to the agreement with Universal Building Services.
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RESOLUTION NO. ....os
A RESOLUTION OF THE CITY COUNOL
OF THE OTY 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 1, 2002, for
street sweeping and parking lot sweeping services; and
WHEREAS, said agreement requires the contractor to pay prevailing wases based on a detennination of the
Department oflndustrial Relations (DlR); and
WHEREAS, the DlR has issued a new detennination dated June I, 2005, which no longer requires payment
of prevailing wases for custodia1 street sweeping, which detennination is under appeal; and
WHEREAS, Uuiversal Building Services desires that the agreement be amended to reflect that the DlR now
believes street sweeping is not a public work fur whicl1 prevailing wase must be paid. and the City is willing to
amend the agreement to remove the requirement that UBS pay prevailing wases as requested by UBS, provided that
UBS assumes any and all risks associated with the potootia.l that the June 1, 2005, decision may be Qverturned on
appeal or by a court; and
WHEREAS, Uuiversal Building Services agrees to reduce the unit cost for street sweeping upon removal of
the 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 authorimd to execute the amendment.
PASSED, APPROVED AND ADOPTED this 20th day ofDeœmber, 2005.
AYES:
NOES:
ABSENT:
ABSTAINING:
Mayor
ATrEST:
City Clerk
f' \wntroct\3we.pJng\re.o amendment )OOj
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EXHIBIT "A" OF RESOLUTION
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AMENDMENT NO.1 TO THE STANDARD CONTRACì SERVICES
AGREEMENT BETWEEN THE CITY OF DUBLIN AND UNIVERSAL BUILDING
SERVICES
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This amendment is made and entered into this .a.Lday of 2005 by and
between the City of Dublin ("the City"), a municipal corporation, and Universal
Building ServÎce£! ("Contractor") (collectively the City and Contractor are referred
to as "the Parties:)
RECITALS
1. On April 16, 2002, the Parties entered into me Standard Services
Contract ("the Agreement") in which in which Contractor agreed to provide street
and parking lot sweeping services to the City in return for payment based on unit
prices for street sweeping services.
2. The Agreement requires Contractor to pay prevailing wage rates as
per the provisions of Labor Code Section 1770 et. seq. and permits the City to
request certified payroll reports from the Contractor. (Agreement, Exhibit A, part
H).)
3, On June 1, 2005, 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
been resolved.
5. UBS desires that the Agreement be amended to ranee! that DIR
now believes that 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 may be overturned on appeal or by a court.
NOW, THEREFORE, the Parties agree as follows:
a. Item H on page 4 of Exhibît A to the Agreement is amel1ded to road
as follows
H. Payment of Prevailino Wace Not Required.
On JUM 1, 2005, the ~epartment of Industrial Reiations ("DIR")
Issued a Ifltter tethe City of Santa Clarita indicating that street
swoeping work is not a public work subject to the payment of
prevailing wages ("the June 1, 2005 decision"), The Juna 1 2005
decision has been appealed, but the appeal has not yet be~n
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resolved. TwO earlier OIR precedential determinations indicating
that streE:t sweeping work is a public work subject to thé payment of
prevailing wages wero "de-designated as precedential decisions" in
early 2005. In reliance upon the June 1, 2005 decision and the "de-
designation" of the two earJier OIR precadential decisions, the City
hereby determines that the work performed under this Agreement is
not a public work subject to the payment of prevailing wages.
Contractor hereby assumes all risks associated with the potential
that 1he DIR determinations are reversed or that the City's
determination herein that the work performed under this Agreement
is not a public work Is incorrect or im;onsistent with California law.
In other words, Contractor, and not City, shall be solely liable to its
employeos 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 waB raquired to pay its employee
prevailing wages for the work performed under thi:> 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 compliance with the law
then in effect.
b. Effective ~_, 2006, the UnifPriccs 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:
IrEM UNIT OF UNIT
DESCRIPTION MEASURE PRICE
1. Street Curb Mile 20.60
Sweaping
2. Intersections Ea¡;h 5.60
3. Callouts Hours 66.04
4. Par1<ing Lots Per Month _643:~
The foregoing rates will be adjusted on July 1, 2006 according 10 the tcrmB of the
Payment Schedule,
c. Exhibit D is amended to include the following additional provisions:
11. WAIVER OF RECOVERY RIGHTS. Contractor waiv9B any
recovery right:> it may have under the Labor Code Sections 1726
and 1781 relating to public agency liability for failure to identify a
project as a public work. .
12. INDErv'lNIFICATION FOR LIABILITY. Contractor shall
indemnify the City for any liability imposed under this Agreement for
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violation of Labor Code Sections 1726 and 1781 relating to public
agency liability for failure to Identify a project as a public work.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed as of the date and year first above written.
CITY OF DUBLIN
UNIVERSAL BUILDING SERVICES
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SðIL.lIIUII;lJ DevcIBI:JlI,~"l D;'':::IIctöl
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Attest:
City Clerk
Approved as to form:
City Attorney------
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Posted to DLSR website on JunEi13,~2005,
STATE OF CALlFOR.'\IIA
DEPARTMENT OF INDUSTlUAL RELATIONS
OFFICE OF THE DIRECTOR
455 Golden Gate A 1¡enue~ Tenth Floor
San Francisco. CA 94102
(415) 703-5050
'5 Dbd--\
Aroold sCbwarzeocgger,¡'
June 1, 2005
Travis Lange
Environmental Services Manager
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355-2196
RECEIVED
Departrnent of Industrial Relations
JUN -1.208§,-
Re: Public Works Case No. 200S~00_7
Street, sweeping
'City of Santa Clarita'
Div. of Labor SlatisfÍcs & Research
Cbief's office
Dear Mr. Lange:
This constitutes the determination of the Director of the
Department of Industrial Relations ("Department") regarding
coverage of the above-referenced work under California's
prevailing wage lawe and is made -pursuant to , title 8, California
Code of Regulations. secti,Qn 16001 (a). Based ón my review of the
facts of this case and an analysis, of the applicable law, it ie my
determination that the street ,sweeping work of the City of Santa
Clarita ("CityU) is not a public work subject to the payment of
prevailing wages.'-
Factual backqround
Ci'tyhas invited bids for street sweeping services. The bid
specifications provide th<lt all cont-r'<lctors <lnd subcontractors
possess not less than five years of actual operating experience in
the field of municipal street sweeping_ Further, an inventory of
the type of equipment to be used, whether vacuum, mechanical broom
or regenerative air was required in the bids. Sweepers were also
required to have a means of monitoring the speeds, hours of
operation and' brush operation - for reporting pl¡rposes. The
epecifications further provide that "all employees working on this
contract' shall be paid prevailing wages as determined by the
Department of Industrial Relations."
1 On or ðbo\lt March 1, 2005 PW 2000-021 r. ci ty of sa.ntee/Ca.lifornia street
Maintenance Street Sweepi~g {August 11, ~QOO)r which held that street sw~epin9
constituted public work as ma.intenance;· and PW 1999~02ß I count:y of $a.n Diego
ROad Mai¡~tenance (June 30, 1999) I which held, among other thing~t that cleaning
roads with a il;treet sweeper constit.uted maintt:!nancel . were de-designated a.s
precedential determinations_
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Letter to !ravis Lange
Re: PW 2005-007
Page ..
The scope of work under the contract includes the following:
sweeping 899 curb miles within City, including all median curbs
and cul-de-sacs within the sweeping schedule; sweeping all City
owned or leased parking lots with 25 or more parking spaces; the
sweeping of additional areas not part of a regular schedule, such
as after a parade or other spec·ial event; and· sweeping of the
City's trail system, which is approximately 25 "miles long.
!he following are included, in relevant pàrt, as standª.rds of:
performance, sweeping must be performed in accorãànce·· with'
accepted standards for routine and emergency municipal street
cleaning; sweepers must be of the following ·types: regenerative
air, broom/brush sweeper, vacuum sweeper or other which can be
proven to be equally effective at removing fine particulate matter
and sediment; equipment shall control and remove dust from the
surface bei~g swept, and control airborne particles to the maximum
extent practicable in compliance with existing AQMD Standards and
the Clean Air Act; sweepers shall operate at speeds by the
manufacturer for optimum sweeping (typically 6 to 8 miles per
hour), cul-de-sacs which are too small for Gweepers to clear the
turning radius, must be swept by hand (an acceptable alternative
to hand sweeping will be considered), all paved medians are to be
swept by hand on a weekly basis (an acceptable alternati~e to hand
sweeping will. be -considered), no chemicals (including but not
limited to chloride, nitrates and chloroform) shall be used to
enhance the cleaning of the street, contractor must comply with
the .Clean Water Act and with the Environmental Protection Act, and
contractor shall respond within two hours to clean up. spills
created by sweepers. .
Analysis
Under Labor Code section 1771. contracts let for maintenance are
subject to the payment of prevailing wages. "Maintenance" is
defined, in ·relevant part, in. title 8, California code of
Regulations, section 16000, to include:
(1) Routine, recurring and usual work for the
preservation, protection and keeping of any publicly
owned or publicly operated facility (plant, building,
structure, ground facility, utility system or any real
property) for its intended purposes in a safe and
continually usable condition for which it has been
designed, improved, constructed, altered or repaired.
!o "preserve" something means to ~keep [it] from harm, damage,
etc. ¡ protect; save" or ~to keep up ¡ carryon; maintain." To
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00765
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L~tter to Travis Lange
Re: PW 2005-007
Page 3
\1protect"
defend."
condition. "
means "to shield from injury, danger or loss; guard;
To "keep" means "to maintain in good order or
(Webster's New World Diet. (3d college ed., 1988).
The street sweeping work contracted for by City is a cleaning of
the streets, which serves 'an aesthetic purpose. The contemplated
work requires the operation of a street sweeping vehicle, and some
manual sweeping, when using the, vehicle is infeasible due to
limits on navigable space. Cl~aning city streets, without .more,
does not constitut~ "preservation," in that m~re cleaning'doe~--not
keep the streets. from "harm or, damage" nor does cleaning "protect,
save, keep up, carry ,on or maintain" the city streets. Further,
cleaning of city streets does not "protect" in that it does not
"shield from injury, danger or loss, nor does it constitute
guarding or defending." Lastly, cleaning of city streets does not
constitute ~keeping" as cleaning, alone, does not serve to
"maintain" the city streets in good order or condition."
Accordingly, city street sweeping does not constitute
"maintenance." Because city street sweeping does not constitute
maint~nance, it is not a public work for whicH. prevailing wages
arc required to be paid.
I hope this determination satisfactorily answers your inquiry.
sly,
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John M. Rea
Acting Director
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STANDARD
CONTRACT SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin,Califomm. as of April 16, 2002 (effective July 1,
2002), by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Universal Building
Services. ("Contnictor"), who agree as fullows:
. 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 ExlnDit A.
2. P A YMENT. City shall pay Contractor for services rendered pursuant to this Agreement
at tire 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 rendi:red pursuant to this Agreement. Contractor shall
submit all billings for said services to City in the manner specified in Exhibit B; or, ifno 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. FACIUTIES AND EOUlPMENT. Except as set furthin ExIn'bit C, Contractor shall, at
its sole cost and expense, furnish all fucilities and equipment which may be required for furnishing services
pursuant to this Agreement. City shall. furnish to Contractor only the fucilities and equipment listed in
Exhibit C according to the terms and çonditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in ExIn'bit 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 otirer term or condition shall control insofur as it is inconsistent with the
general provisions.
5. ExmBITS. All exln"bits refe:rted 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 tire
Contractor's proposal.
7. CHANGES. City may ftom 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 CHARGE. Contractor shall assign a project manager(s) to the project
fur the duration of the project. There shall be no change in the Project Manager or members of tire project
team without prior written approval by the City. The Project Manager for Contractor shall be William
Godftey.
Agreement
Page 1 of2
4/1/02
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9. CONTRACT ADMINISTRATION. This Agreement sball be aclmm;.;;ered by LEE S.
( THOMPSON ("Aclm;n;«(rator"). All correspondence shall be directed to or through the Administrator or
his or designee. .
10. NOTICES. Any written notice to Contractor sh811 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 munic:' al corporation
By
Attest~""1 UI... ~. t&p.."(j:,
. .. . City Clerk I . 1
By
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or"
Approved as to forn1:
1!~ 71. ~l-
. City Attorney
Agreement.
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411102
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EXHIBIT A, SCOPE OF WORK
AND RELATED REQUIREMENTS
STREET AND PARKING LOT SWEEPING
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Contiactor shall use and furnish at his own expense a1llabor, equipment; and materials necessary
for the satisfuctwy performance of the street sweeping and parking lot ~ing work set forth
herein. After sweeping, curbsand gutters shallbe 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 logwbich indicates dates, times, streets, and miles swept."
Thelog 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 fÎ'om this route and schedule must be armroved by the Public
Works Director in writim. at least 30 clavs in advance of the chanlze. Ifdeviations from the
schedule are approved, Contractor shall be responsible 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 approvedbý 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 s~ep specified
residential streets once every week during the heavy leaf-full 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 sball be determined by the Public
Works Director or his designee.
The following generally commercia] streets sball be treated as residential streets (swept twíce 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 conunercial 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 of4
411/02
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Amador Plaza Road (Amador Valley Boulevard to southerly end), San Rmnon Road (Dublin
Boulevard to Alco$ta Boulevard), Scilrlett Court (Dublin Boulevard to easterly end), Scarlett
Drive, , Dublin Boulevard (Silvergate Drive to TaSsajara Road), Dougherty Road (1-580 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 fium I~S80 to North DµblinRiw.ch Drive. The center medians
within the limits specified sball also be ~ept once every week.' Any portions of the above streets
which are not within the limits aoove sha1l be defined as a residential street and shall be swept in
accordance with Paragraph 1 above.
3) Intersections '
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Contractor shall sweep the intersection of the following major cross streets according to the same
schedule as commercial streets:
Dublin BoulevardIDougherty Road
Dublin Boulevard/Sierra Court
Dublin Boulevard! Amador Plaza Road
Dublin BOulevardlRegiOnal Street
Dublin BoulevardlHacienda Drive
San Ramon Road! Amador Valley Blvd.
Amador Valley Blvd.lDougherty Road
Dublin Blvd.rrassajara,Road
Dublin BoclevardlDublin Court
Dublin BOulevardIVillage Parkway
Dublin Boulevard/Golden Gate Drive
Dublin Boulevard/San Ramon Road
Amador Valley Blvd.Nillage Pkwy.
Amador Valley Blvd.iRegionalStreet
Dublin Blvd.lHacienda Drive
Payment for intersection sweeping shall be made on a unit price basis as provided in Exhibit B.
4) Parkin!! Lots
The following City parking lots shall be swept on a twice-monthly basis during the saine 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
EmeraJd 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
(ie., Alamo Creek Park and Shannon Park), sweeping shall be done at such time as to avoid noise
complaints from adjacent residents. Sweeping days and times fur all parking lots shall be
approved by the Public Works Director or his designee.
Payment for parking Jot sweeping shall be made on a unit price per month basis as provided in
Exhibit B.
Exhibit A
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4/1/02
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.5) Emergencv CaIJouts
Contractor sballprovide a 24-hour telephone number and/or a list of employees, including
telephone numbers and pager numbers, who are available for 24-hour elIlergency callout service.
The. response tÎlI\e for emergency calJouts shall conform to the estUnated time of arrival quoted in
ContractOr's proposal to the City. Compen:;ation fur emergem:y callouts shaI1 be on atI.hourly
basis as provided in Exhibit B. .
6) Holidavs .
If sweeping is not to be perfonned 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 sched1ile that is no more than one week later.
Once the makeup schedule is estabfu¡hed, it shall not be changed without prior approval of the
. City.
7) Delavs in Sweepine: Schedule
In the event of inc1enwnt weather, Contractor shall not be requJred to perform either the regular
.sweeping sched1ile 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 fullows:
One sweeper kept in reserve/or mechanical breakdowns; threeji¡ll·time mechanics on staff
B. Calculation of Curb Mi1eae:e
Curb mileage shall be ca1c1ilated according to aCtual street cUrb miles and not machine odOlneter
readings. If Contractor and the City disagree on the number of curb miles in a given area, mileage·
may be measured and recalcuJated but the final determination shall be the City's.
In the event that it becomes necessary to increase the rrequency 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 tenD 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
equipment and personnel needed to sweep potential development or annexation areas for the term
of this agreelIlent.
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-miIe cost for that year.
Exhibit A
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411/02
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C.
Street SweeDÎn!r Cnmril..ints
Contracto, rshall, in person or by his agent, investigate any complaints which may concern, or
involve tbli perfurmance of this Agreement. Contractor shall report to the Public, Works Director
or hiS designee on the fullowing 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. Disnosal ofSweenin!!S
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 ofthe sweeping cycle.
E. Water
Contractor shall provide, at his own expense, sufficient water fur the streetsweeping equipment
necessary to comply with this Agreement and to assure that the curb and gutter are left in a clean
condition and the /lqIOunt of dUst during sweeping is kept to a rninimum. Water meters shall be
obtainedfi:om the Dublin San Ramon SerVices Di.<;trict. 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 IllIIXÎInUm debris pièk-up.
G. National Pollution Discha.r!!e Elimination SYStem lNPDES) Reauirements
Contractor shall comply with the requirements of the Alameda County Urban Runoff Program
and the reqlri@ments 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 furms are subject to, change by the enforcing
agency.
H. Prevailing Wage
Contractor is required to pay prevailing wage rates as per the provisions of Labor Codc Section '
1770, et. seq. The City may require Corttractor to provide certified payroll reports.
Exhibit A
Page 4 of4
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EXHIBIT B
.. PAYMENT SCHEDULE
UNIT PRICES FOR STREET SWEEPING SERVICES
ITEM DESCRIPTION
1. Street Sweeping
2. mtersectíons
3. Callmits
4. Parking Luis
UNIT OF
MEASURE
Curb Mile
Each
Hours
Per Month
ESTIMATED
QUANTITY
5,102 .
676
70
12
UNIT PRICE
21.91
5.95·
70.25
403.00
TOTAL:
TOTAL PRICE
111,784.82
4,022.20
4,917.50
4,836.00
$125,560.52
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Estimated IlUIlJber óf curb miles vs. c8110uts is based on U8ing callout hours to accomplish the fall leaf
cleanup. The cost for parking lot sweeping shall be the costto sweep all five parking lots twice per month,
extended for 12 months.
TERM
The tenn oftlús agreement shall be for a five-year period beginning July I, 2002, and eniling June
30,2007, unless terminated by either party as specified herein.
ANNUAL RATE INCRÈASES
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 Co~ Price Index for Urban Wage Eamf.m¡ fur 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 tlús
Agreement. If the 1ndex 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
muJiiplying 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 ExhibitB. 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 Curb mile rate of$17.00; Index at 125"
Year 2 Index at 128.5 = curb mile rat'; of$17.48
128.5/125 x $17 = $17.48
Year 3 Index.at 136.7 = curb IÍlile rate of$18.60
136:7/128.5'¡ $17.48 = $18,60
Year 4 Index at 140.3 = cW'b mile rate of$19.09
140.31136.7 x $18.60 = $19.09
ExhIbit B
Page 1 of2
4/1/02
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" Calculations a.retheoretical based on prior history. The actual beginDing index to be used is the
June 30, 2002 :figure.
PAYMENT TO CONTRACTOR·
Compepsanon fur street sweeping shal1 be based on the actual number of curb UJiles and
intersections swept and number -of callout hours expended. Compensation fur 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 shal1 remain.in efœct
until modified under the provisions noted above.
Contractor shall submit invoices on a monthly basis. Payment fur 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 fur any extra., further or additional serVice pursuant to this Agreement
utùess such i:xtra service and the price therefor-is agreed to in writing executed by the City
Manager or other desigoafed official of City authorized to obligate City thereto prior tò-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 =lusive discretion of City. If
the Agreement is terminated by City, Contractor shall be entitled to receive just and equitable
compensatiOll for any satisfactory work completed to the effective date of such termination.
Contractor hereby expressly waives ¡my and all claims fur dam&:ges or compensation arising under
this Agreement. ContTactor shall maintain adequate logs and timesheets in order to verify costs
incurred to date.
Exhibit B
Page 2 of2
4/1/02
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EXHIBIT C
City shall not furnish any equipment or facilities fur Contractor's use under this Agreement.
There are no City-o'wned locations available for storage bins, vehicles, or other m,aterials or
equipment.
Exhibit C
Page 1 ofl
-- 4(1(02
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, COntractor
shall be an independent contractound shall not be an employee of City. City shall have the right
to control Contractor only insofà.r 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 whi.êh
Contractor accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. Contractor represents and warrants to City that he has all licenses,
p=its, qualifications and approvals of whatsoever nature which are legally required for
.. . Contractor to practice his profussion. Contractor represents and warrants to City that Contractor
shall, at his sole cost and expense, keep in effect al all times during the term of this Agreement
any licenses, p=its, and approvals which are legally required for Contractor to practice his
pro:lèssion.
3. :rIME. Contractor shall devote such time to the performance of services pursuantto this
Agreement as may be reasonably necessary for satis:làctory performance of Contractor's
obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Contractor shall procure and main:taih fur the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
ftom or in connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shaiI be included in the
Contractor's bid.
A. Minìmum Scope of Insurance. Coverage shall be at least as broad as:
(1) InsuranCð Services Office fOrnlnw:nber GL 0002 (Ed. 1/73) covering
comprehensive General Liah1lity and Insurance Services Office form number OL
0404 covering Broad Form Comprehensive General Uability; or Insurance
Services Office CoÌnmercial General Liability coverage ("occurrence" form CO
0001).
(2) Insurance Services Office fOrnl number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3) W';rker's Compensation insurance as required by the Labor Code of the Stale. of
California and Employers Liability Insurance.
B. Minimum Limits ofInsurance. Contractor shall maintain limits no less than:
Exhibit D
Page 1 of4
4/1/02
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(1) General Liability: $1,000,000 combÎDed single limit per occurrence for bodily
injury, personal izûury and property rlmru'ge. If con:nnercial General Uability
In¡¡urance or ather form with a gen.eral aggregate limit is used, either the general
aggregate limit shall appJy s~arate1y to this projectllocation or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 combined single limit per accident fur bo dily
injury and property damage. "
(3) Workers Compensation and Employers Liability: Workers Compensation limits as
required by the Labor Code of the State of California and Employers Liability
limits of$I,OOO,OOO per accident.
C. DeductibJes and Self·Insured Retention¡¡. Any deductibles or self-insured retention¡¡ 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 retention¡¡ as respects the City, its
officers, officials and employees; or the Contractor shall procure a bolid guaranteeing
payment of losses and related irivestigation¡¡, clain) administration and,defe~ expenses.
D. Other Insurance Provision¡¡. TIle policies are to contain, or be endorsed to contain, the
following provision¡¡:
Exlnöit D
Page 2 of 4
4/1/02
(1) General Liability and Automobile Liability Coverages.
(a) The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities perfonned by or on
behalf of the Contractor; products arid 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 special1imitations on the scope of the protection
afforded to the City, its officers, 0:ffic1als, employees orvoIunteers.
(b) _ The Contractor's insuranCe coverage shall be primary insurancl:( 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 compJy with reporting provision¡¡ of the poIiciesshall not
affuct coverage provided to the City, its officers, officials, employees or
volunteers: .
(d) The Contractor's jn¡¡urance shall apply separately to each insured aglrinst
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
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(2) Worker's Com.pensation 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 from work
perfonned by the Contractor for the City.
(3) All Coverages.
:E;ach 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.
E. AccentabilityofInsurers. Insurance is to be placed withinsurerswithã. Bests' rating of no
less than A:VllI.
F. Verification of Coverage. Contractor shall furnish City with certificates of insuran.ce 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
inslJI'er to bind coverage on its bebal£ The certilicates 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.
H. The Risk Manager of City may approve a variation of those insurance requirements upon a
determination that the coverages. scope, limits and furms of such insurance are either not
commercially available or that the City's interests are othe1wise fully protected.
5. 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.
6. 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 aD. agent.
Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
7. ASSIGNMENT PROHIBITED. No party to this Agreement may IISsign any right or obligation
pursuant to this Agreement. Any attempted or purported assignnrent of any right or obligation
pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Contractor shallllSsign only competent personnel to perfonn services plJI'suant to
this Agreement. In the event that City, in its sole discretion. at any time during the. term of this
Exhibit D
Page) of 4
4/1/02
g \ 01;2.\
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Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving
( notice ftom City of such desire of City, cause the removal of such person or persons.
·8. STANDARD OF PERFORMANCE. Contractor shall perfonn all services required pursuant to .
this Agrðëilleni in the manner and acCording to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographica1area 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 workman1ike manner and conformto thestandàrds of quality normally observed by a
person practicing in CoDtractor's profession.
9. "HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor sballtake all
responsibility for the work, shall beat all losses and damages directly or indirectly resulting to him,
to any subcontractor, tóthe City, to City officers_ and employees, or to parties designated. by the
City, on account of the negligent perfurmance or character of the work,untbreseen difficultieS,
accidents, occurrences or other causes predicated on active or passive negligence of the
Contractor or ofhis subcontractor. Contractor shall indemnify, defend and hold harmless the
City, . its officers, officials, directors, employees and agents ftom . 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 :&om the negligent performance of the work.
This paragraph shall not be construed to exempt the City, its employees and officers ftom its own
fraud, willful injury or violation of Jaw whether willful or negligent. For pUrposes of Section 2782
of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction
contract. By execution of this Agreement Contractor acialowledges and ag¡:ees 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 ftom
liability under this paragraph.
10. GOVERNMENT AL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance ftom another governmental entity, Contractor shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
Exhibit D
Page 40f4
4/l/02