HomeMy WebLinkAboutReso 73-17 Approving Contract Sweeping Services RESOLUTION NO. 73 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONTRACT SERVICES AGREEMENT
WITH CONTRACT SWEEPING SERVICES, INC.
WHEREAS, the City of Dublin requested vendor proposals for street sweeping maintenance
services; and
WHEREAS, two proposals were received and reviewed, and Contract Sweeping Services Inc.
was determined to be the preferred vendor; and
WHEREAS, Contract Sweeping Services, Inc. has been the City of Dublin's street sweeping
service provider since 2012.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement with Contract Sweeping Services, Inc., attached hereto as Exhibit A,
with an effective date of July 1, 2017.
PASSED, APPROVED AND ADOPTED this 20th day of June 2017, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT: Councilmember Goel
ABSTAIN:
r
Mayor
ATTEST:
Pep. City Clerk
Reso No. 73-17, Adopted 6/20/2017, Item No. 4.3 Page 1 of 1
Exhibit A
CONTRACTOR AGREEMENT
CONTRACT SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CONTRACT SWEEPING SERVICES, INC.
THIS AGREEMENT for contract services is made by and between the City of Dublin("City")and Contract
Sweeping Services, Inc. ("Contractor")as of July 1, 2017.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall
provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the
manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A,the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on June 30, 2020,the date of completion specified in Exhibit A, and Contractor shall complete
the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise
terminated or extended,as provided for in Section 8. The time provided to Contractor to complete
the services required by this Agreement shall not affect the City's right to terminate the Agreement,
as provided for in Section 8. Notwithstanding the foregoing this Agreement may be extended on a
month-to-month basis for up to 6 months upon the written consent of the Contractor and the City
Manager, provided that;a)sufficient funds have been appropriated for such purpose, and b)the
price charged by the Contractor for the provision of the services described in Exhibit A does not
increase. None of the foregoing shall affect the City's right to terminate the Agreement, as
provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
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 its profession. Contractor shall prepare all work products required by this Agreement in a
substantial,first-class manner and shall conform to the standards of quality normally observed by a
person practicing in Contractor's profession.
1.3 Assignment of 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 Agreement, desires the reassignment of any such persons, Contractor shall, immediately
upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 1.1 above and to satisfy Contractor's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed FIVE HUNDRED
TWENTY-FIVE THOUSAND DOLLARS($525,000), notwithstanding any contrary indications that may be contained
in Contractor's proposal,for services to be performed under this Agreement. In the event of a conflict between this
Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation,the Agreement
shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Contractor for
services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by
more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is
based upon Contractor's costs of providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Contractor. Consequently,the parties further agree that compensation hereunder
is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its
employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services incurred prior to the invoice date. No individual performing work under
this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
• The dates of service provided at each facility;
• Location of each service;
• Daily logs of total hours worked by each individual performing work under this Contract
• Hours must be logged in increments of tenths of an hour or quarter hours
• If this Contract covers multiple projects, all hours must also be logged by project
assignment
• A brief description of the work
• The Contractor's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,for services
satisfactorily performed. City shall have 30 days from the receipt of an invoice that complies with
all of the requirements above to pay Contractor.
2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Contractor in rendering services pursuant to this Agreement. City shall make no payment for any
extra,further,or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the
amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B.
2.5 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred
under this Agreement and any similar federal or state taxes.
2.6 Payment upon Termination. In the event that the City or Contractor terminates this Agreement
pursuant to Section 8,the City shall compensate the Contractor for all outstanding costs incurred
for work satisfactorily completed as of the date of written notice of termination. Contractor shall
maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.7 Authorization to Perform Services. The Contractor is not authorized to perform any services or
incur any costs whatsoever under the terms of this Agreement until receipt of authorization from
the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and
expense, provide all facilities and equipment that may be necessary to perform the services required by this
Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks,filing cabinets, and conference space, as may be reasonably
necessary for Contractor's use while consulting with City employees and reviewing records and the information in
possession of the City. The location,quantity,and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including
but not limited to computer, long-distance telephone or other communication charges,vehicles,and reproduction
facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor,at
its own cost and expense, shall procure"occurrence coverage" insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work hereunder by the
Contractor and its agents, representatives, employees,and subcontractors. Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section
throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid.
Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all
insurance required herein for the subcontractor(s)and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore,the requirements for coverage and limits shall be(1)the minimum coverage and limits
specified in this Agreement;or(2)the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured;whichever is greater. The additional insured coverage under the
Contractor's policy shall be"primary and non-contributory"and will not seek contribution from City's insurance or self-
insurance and shall be at least as broad as CG 20 0104 12. In the event Contractor fails to maintain coverage as
required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Contractor. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled,changed, or allowed to lapse without at
least thirty(30)days'prior written notice to City of such cancellation,change,or lapse.
4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons
employed directly or indirectly by Contractor. The Statutory Workers'Compensation Insurance and
Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION
DOLLARS($1,000,000.00) per accident. In the alternative, Contractor may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the Labor Code shall be solely in the discretion of the Contract
Administrator. The insurer, if insurance is provided,or the Contractor, if a program of self-insurance
is provided,shall waive all rights of subrogation against the City and its officers,officials,
employees,and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty(30)days'prior
written notice by certified mail, return receipt requested, has been given to the City. Contractor
shall notify City within 14 days of notification from Contractor's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Contractor,at its own cost and expense,shall maintain
commercial general and automobile liability insurance for the term of this Agreement in an
amount not less than ONE MILLION DOLLARS($1,000,000.00) per occurrence,
combined single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or
other form with a general aggregate limit is used,either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to property resulting
from activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 ("any auto").
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers,employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Contractor, including the insured's general
supervision of Contractor; products and completed operations of Contractor;
premises owned,occupied, or used by Contractor; and automobiles owned,
leased, or used by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers,employees,
agents,or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
C. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials,employees and volunteers,and that no
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of Contractor to comply with reporting provisions of the policy shall
not affect coverage provided to City and its officers,employees, agents, and
volunteers.
e. An endorsement shall state that coverage shall not be canceled except after
thirty(30)days'prior written notice by certified mail, return receipt requested, has
been given to the City. Contractor shall notify City within 14 days of notification
from Contractor's insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than ANIL
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor
shall furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. 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 City reserves the right to require complete,certified copies of all required insurance
policies and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
4.4.3 Subcontractors. Contractor agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this Agreement including the Indemnification
and Insurance requirements to the extent they apply to the scope of the Subcontractor's
work. Subcontractors hired by Contractor agree to be bound to Contractor and the City in
the same manner and to the same extent as Contractor is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same provisions with
any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and
Insurance provisions will be furnished to the Subcontractor upon request. The General
Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
4.4.4 Variation. The City may approve a variation in the foregoing 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.
4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions(SIR)and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City(if agreed to in a
written contract or agreement)before City's own insurance or self-insurance shall be
called upon to protect City as a named insured.
4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Contractor shall
provide written notice to City at Contractor's earliest possible opportunity and in no case
later than five days after Contractor is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Contractor fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein
required, City may, at its sole option exercise any of the following remedies,which are alternatives
to other remedies City may have and are not the exclusive remedy for Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that becomes
due to Contractor hereunder,or both stop work and withhold any payment, until Contractor
demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the maximum extent
allowed by law, Contractor shall indemnify, keep and save harmless the City,and City Councilmembers,officers,
agents and employees against any and all suits,claims or actions arising out of any injury to persons or property,
including death,that may occur, or that may be alleged to have occurred, in the course of the performance of this
Agreement by a negligent act or omission or wrongful misconduct of the Contractor or its employees,subcontractors
or agents. Contractor further agrees to defend any and all such actions, suits or claims and pay all charges of
attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment
be rendered against the City or any of the other individuals enumerated above in any such action,Contractor shall, at
its expense, satisfy and discharge the same. Contractor's responsibility for such defense and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense
and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited
by,the insurance obligations contained in this Agreement.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this
Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System
(PERS)to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify,defend, and hold
harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Contractor or its employees, agents,or subcontractors, as well as for the payment of any penalties and interest on
such contributions,which would otherwise be the responsibility of City.
Contractor/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
Section 6. STATUS OF CONTRACTOR.
6.1 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 services rendered pursuant to this Agreement
and assignment of personnel pursuant to Subparagraph 1.3; however,otherwise City shall not
have the right to control the means by which Contractor accomplishes services rendered pursuant
to this Agreement. Notwithstanding any other City,state, or federal policy, rule, regulation, law,or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing services under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any and all claims to,any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement
System(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 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.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Contractor and any subcontractors shall comply with
all applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits,qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Contractor represents and warrants to City that Contractor and its employees, agents, any
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a
person's race, religion, color, national origin, age, physical or mental handicap or disability, medical
condition, marital status, sex,or sexual orientation, against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in, recipient of,or applicant for
any services or programs provided by Contractor under this Agreement. Contractor shall comply
with all applicable federal, state, and local laws, policies, rules, and requirements related to equal
opportunity and nondiscrimination in employment, contracting, and the provision of any services
that are the subject of this Agreement, including but not limited to the satisfaction of any positive
obligations required of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Contractor delivering to City any or all documents, photographs, computer software, video
and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion,extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Contractor with compensation beyond
the maximum amount provided for in this Agreement.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement
contemplates personal performance by Contractor and is based upon a determination of
Contractor's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Contractor. Contractor may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Contractor
shall not subcontract any portion of the performance contemplated and provided for herein,other
than to the subcontractors noted in the proposal,without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Contractor shall survive the termination of this
Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this
Agreement, City's remedies shall include, but not be limited to,the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports,design documents, and any other work
product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by
Contractor;or
8.6.4 Charge Contractor the difference between the cost to complete the work described in
Exhibit A that is unfinished at the time of breach and the amount that City would have paid
Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. MISCELLANEOUS PROVISIONS.
9.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory
relief,to enforce or interpret the provision of this Agreement,the prevailing party shall be entitled to
reasonable attorneys'fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action shall be vested exclusively in the state courts of California
in the County of Alameda or in the United States District Court for the Northern District of
California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid,void, or unenforceable,the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
9.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
9.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location,would place Contractor in a
"conflict of interest,"as that term is defined in the Political Reform Act,codified at California
Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code Sections 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous twelve(12)months,
an employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee,or official of the City in the previous twelve months, Contractor warrants that it did not
participate in any manner in the forming of this Agreement. Contractor understands that, if this
Agreement is made in violation of Government Code§1090 et. seq.,the entire Agreement is void
and Contractor will not be entitled to any compensation for services performed pursuant to this
Agreement,and Contractor will be required to reimburse the City for any sums paid to the
Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of Government Code§ 1090 and, if applicable,will be disqualified from
holding public office in the State of California.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
9.8 Solicitation. Contractor agrees not to solicit business at any meeting,focus group,or interview
related to this Agreement,either orally or through any written materials.
9.9 Contract Administration. This Agreement shall be administered by the City Manager("Contract
Administrator"). All correspondence shall be directed to or through the Contract Administrator or
his or her designee.
9.10 Notices. Any written notice to Consultant shall be sent to:
Contract Sweeping Services, Inc.
[Attn: Joe Vella]
760 E Capitol Ave
Milpitas, CA 95035
Any written notice to City shall be sent to:
The City of Dublin
[Attn: Public Works Manager]
100 Civic Plaza
Dublin, CA 94568
9.11 Integration. This Agreement, including the Scope of Services and Compensation Schedule
attached hereto and incorporated herein as Exhibits A and B, represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
IN WITNESS HEREOF,the parties have caused their authorized representatives to execute this Agreement on the
1st day of July, 2017,
CITY OF DUBLIN CONTRACTOR
CHRISTOPHER L. FOSS, CITY MANAGER JOE VELLA, PRESIDENT
CONTRACT SWEEPING SERVICES, INC.
Attest:
CAROLINE SOTO, City Clerk
Approved as to Form:
JOHN BAKKER, City Attorney
Exhibit A
SCOPE OF WORK
Contractor shall provide City with street sweeping services for residential and commercial streets,
intersections, parking lots, as well as emergency callout service.
SWEEPING CATAGORIES AND LOCATIONS:
COMMERCIAL STREETS:The following commercial streets, including all medians, shall be treated as
residential streets (swept twice per month)for the purpose of this Agreement: Dublin Court,Sierra
Lane,Sierra Court, Civic Plaza,Trinity Court, Houston Place. These commercial streets shall be swept
early enough in the morning to avoid cars being parked along the street.
The following commercial streets, including all medians, shall be swept twice monthly, from January
through October and four times monthly for the months of November and December. The following
streets are defined as commercial streets:
• Altamirano Avenue (Arnold Road to BART parking lot)
• Amador Plaza Road (Amador Valley Boulevard to southerly end)
• Amador Valley Boulevard (Village Parkway to westerly end)
• Arnold Road (Altamirano Avenue to Gleason Drive)
• Campbell Lane (Dublin Boulevard to Demarcus Boulevard)
• Clark Avenue (Village Parkway to Dublin Boulevard)
• Demarcus Boulevard (Iron Horse Parkway to Dublin Boulevard)
• Dougherty Road (1-580 to Northerly City Limit, including a pass through the painted
median areas)
• Dublin Boulevard. (Schaefer Ranch Road to Fallon Road)
• Fallon Road (Tassajara Road to 1-580)
• Gleason Drive (Arnold Road to Fallon Road)
• Golden Gate Drive (Dublin Boulevard to southerly end)
• Hacienda Drive (1-580 to Gleason Drive)
• Iron Horse Parkway(Demarcus Boulevard to Dublin Boulevard)
• John Monego Court(Dublin Boulevard to southerly end)
• Lewis Avenue (Village Parkway to Portage Road)
• Martinelli Way(Hacienda Drive to Iron Horse Parkway)
• Regional Street (Amador Valley Boulevard to southerly end)
• Saint Patrick Way(Amador Plaza Road to Golden Gate Drive)
• San Ramon Road (1-580 to Alcosta Boulevard)
• Scarlett Court(Dublin Boulevard to easterly end)
• Scarlett Drive (Dublin Boulevard to Scarlett Court)
• Tassajara Road (1-580 to Cydonia Court)
• Village Parkway(Clark Avenue to Amador Valley Boulevard)
Any portion 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 Residential Street Sweeping provisions.
Dublin RFP—(Attachment 2 Assessments&Fee Descriptions) Page 1 of 3
RESIDENTIAL STREETS: The City is divided into six residential sweeping zones. Residential street
sweeping shall be performed twice monthly. In addition, center medians within the limits specified shall
also be swept twice monthly. Any portions of the residential streets listed above, under commercial
streets, which are not within the limits above shall be defined as a residential street and shall be swept
in accordance with Residential Street Sweeping provisions.
The City may agree to modify sweeping zones provided the following conditions:
• To allow for the addition of new streets as accepted by the City(City will provide list, as needed)
• Garbage collection route changes*
*Sweeping shall not occur on the same day as garbage pickup in any given area. Contractor shall sweep
on days following garbage pickup, whenever possible. Route changes shall not be allowed without
written authorization from the Public Works Manager,or their designee. Should a route change be
approved, Contractor shall be responsible for notifying individual households that are affected in writing
at least two weeks prior to beginning the new schedule.
INTERSECTIONS: intersections listed below shall be swept twice monthly:
• Dublin Boulevard/San Ramon Road • Amador Valley Blvd./San Ramon Road
• Dublin Boulevard/Regional Street • Amador Valley Blvd./Regional Street
• Dublin Boulevard/Golden Gate Drive • Amador Valley Blvd./Village Pkwy.
• Dublin Boulevard/Amador Plaza Road • Amador Valley Blvd./Amador Plaza Rd.
• Dublin Boulevard/Village Parkway • Amador Valley Blvd./Dougherty Road
• Dublin Boulevard/Dublin Court • Dougherty Road./Sierra Lane
• Dublin Boulevard/Sierra Court • Gleason Drive/Hacienda Drive
• Dublin Boulevard/Dougherty Road • Gleason Drive/Tassajara Road
• Dublin Boulevard/Demarcus Boulevard • Gleason Drive/Fallon Road
• Dublin Boulevard/Iron Horse Parkway • Central Parkway/Hacienda Drive
• Dublin Boulevard/Arnold Road • Central Parkway/Tassajara Road
• Dublin Boulevard/Hacienda Drive • Central Parkway/Fallon Road
• Dublin Boulevard/Tassajara Road • Hacienda Drive/Martinelli Way
• Dublin Boulevard/Fallon Road
PARKING LOTS: Contractor shall provide sweeping services twice monthly during the same weeks as residential
sweeping. 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 (e.g., 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 for all parking lots shall be approved by the Public Works Manager or his or her designee.
• 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 Boulevard. next to Civic Center Plaza
• Emerald Glen Park, Gleason Drive at Tassajara Road (3 parking lots, one on Gleason Drive and two on Central
Parkway)
• Senior Center,7600 Amador Valley Boulevard
• Dublin Heritage Park 11805 Dublin Boulevard (2 parking lots, one at Heritage Park, one at bank parking lot
on Dublin Boulevard
• Dougherty Hills Dog Park—Amador Valley Boulevard east of Stagecoach Road
• Fallon sports park—Palermo Way east of Lockhart Street
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. Fall leaf clean-up
shall be billed on an emergency callout basis. Compensation for emergency callouts shall be on an hourly basis as
detailed in Exhibit B, Compensation Schedule.
TERMS:
Calculation of Curb Miles: Curb mileage shall be calculated according to actual street curb miles and not machine
odometer readings. If Consultant 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 made by City.
If Contractor identifies a need for increased frequency, miles swept or altered callout hours, Contractor shall submit
a proposal to the Public Works Manager, or their designee, and may not perform additional services without their
written approval.
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 detailed in the fee schedule.
Contractor shall be capable of providing any additional equipment 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.
Holidays: If Contractor is unable to perform sweeping services due to a holiday,Contractor must provide an
alternative schedule for streets missed. 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 written approval of the City.
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 Manager, or their designee. 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 Manager, or their designee. If containers are used,they shall be dumped upon completion of the
sweeping cycle. At this time, the City does not have a storage site available for debris boxes.
Water: Contractor shall provide, at their 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
amount 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.
Equipment Operation: The sweeper shall be operated at a safe and appropriate speed that will allow for maximum
debris pick-up.
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.
Delays in Sweeping Schedule: In the event of delays to the sweeping schedule, Contractor shall notify the City as
soon as possible and provide a makeup schedule satisfactory to the City.
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. Sweeping shall include as many passes as
necessary to leave the street in a clean condition. Contractor shall maintain a log that records dates,times, streets,
and miles swept. The log shall be available for inspection by the Public Works Manager, or their designee.
Exhibit B
COMPENSATION SCHEDULE
Annual Street Sweeping Quantities
Estimated
Item description Unit Quantity Unit Price Total Price
Residential Street Sweeping(2x monthly) Curb mile 4,300 $21.79 $93,697.00
Commercial Street Sweeping(2x monthly except
for Nov and Dec which are 4x monthly) Curb mile 1,900 $21.79 $41,401.00
Intersections Each 648 $3.50 $2,268.00
Callouts(Includes Special Events and additional
fall leaf season cleanup) Hours 150 $100.00 $15,000.00
Parking Lots Each 144 $50.00 $7,200.00
FY17-18 Subtotal 1 $159,566.00
Contract Not to Exceed: $525,000
The above chart lists estimates for FY 2017-18,totaling$159,566. Assuming an average of 120 new curb miles
added annually, as well a 3%CPI increase, a contract not to exceed for three years would be approximately
$525,000.
Contractor shall notify City of any proposed increases to costs no later than sixty days prior to a new Fiscal Year
(July 1 - June 30). Any changes to costs shall be approved in writing by the Public Works Manager, or their
designee. Any such annual increases shall be calculated based on the Bay Area Consumer Index Rate (CPI) and
shall not exceed 3%.
Note that quantities shown are projected amounts for FY 2017-18 and are not necessarily the exact amount to
be swept. Street Sweeping services will be paid for based on actual experience.
When requesting callout services, the City shall provide Contractor with the number of hours required. If not
provided, a one hour minimum shall be assumed.
Please remit invoices to:
City of Dublin
Public Works Manager
100 Civic Plaza
Dublin, CA 94568