HomeMy WebLinkAboutItem 4.15 - 3286 Various Public Works Contractor and Consult
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STAFF REPORT
CITY COUNCIL
DATE: June 16, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Agreements for On-Call Landscape Architect Services and Maintenance
Services and Amendments to Various Public Works Agreements
Prepared by: Nancy Nelson, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving agreements for on-call landscape architect
services and for maintenance services for the period of July 1, 2020 to June 30, 2023.
The City Council will also consider approving amendments to agreements for
transportation planning, environmental services, and consultant services for the ADA
Transition Plan. The proposed amendments extend the term of the agreements to June
30, 2021, and, in some cases, increase the not-to-exceed compensation paid during the
term of the agreements.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Agreements for On-Call Landscape Architect
Services, Agreements for Maintenance Services, and Amendments to Agreements for
Contractor and Consulting Services.
FINANCIAL IMPACT:
The cost of these services will be charged to the Public Works Department in
accordance with the adopted annual budget. Landscape architecture design services for
the Dublin Heritage Park Cemetery Improvements project will be charged to the
adopted Capital Improvement Program budget (CIP No. PK0215).
DESCRIPTION:
The Public Works Department utilizes consultants on Capital Improvement Program
(CIP) projects, private development projects, environmental services, maintenance
services, and on-call, as needed services. Services provided assist Staff in specific
areas of technical and professional expertise. Consultants are solicited through an open
and competitive request for qualifications (RFQ) or request for proposals (RFP)
process. The RFQ/RFP processes are used to identify consulting firms and contractors
with the necessary background and experience to provide services and to ensure that
the cost for services is competitive. These RFQ/RFPs specified that selection would be
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based on quality and completeness of submissions as well as a firm's experience with
engagements of similar scope and complexity. RFQ/RFPs were sent to firms and
vendors previously under contract with the City and to those that had expressed interest
in receiving RFQ/RFPs. The RFQ/RFPs were also posted on the City's website.
Landscape Architect Agreements
Twenty-one submissions were received in response to the RFQ for On -Call Landscape
Architect services and, after reviewing all qualifications, Staff is recommending six firms
to provide on-call services for a three-year term. Each of the six firms have provided
similar services to various municipalities around the Bay Area. The recommended firms
and the recommended not-to-exceed compensation amounts over the three-year term
are:
On-call Landscape Architect Services
Consultant Proposed Compensation Limit
BFS Landscape Architects $1,000,000
Callander Associates $1,000,000
Gates and Associates $1,000,000
PGA Design * $1,200,000*
RHAA $1,000,000
SWA Group $1,000,000
* Not-to-exceed amount includes the project specific design services for the Dublin
Heritage Cemetery Improvements project.
The other 15 firms that responded to the RFQ were determined to be qualified and Staff
recommends that they remain on the City’s Managed Qualified Bid List. The City
reserves the right to enter into, at a future date, an agreement with any of these firms.
The other firms are: Base, Bay Tree Design, Carducci, CMG, Ecofolio , Fletcher Studio,
Integra, Mantle, Miller, Nuvis, Quadriga, RRM, Surface Design, Tanaka Design, and
Verde.
Dublin Heritage Park Cemetery Improvements (CIP No. PK0215)
The RFQ for On-Call Landscape Architect services also included a solicitation of d esign
service qualifications for the Dublin Heritage Park Cemetery Improvement project. Staff
requested that firms interested in the project provide their qualifications associated with
similar projects and specifically with historic structures. Fifteen submissions were
received in response and Staff is recommending PGA Design for the design lead on the
project. Because PGA Design is also recommended for an On -Call Landscape Architect
agreement, Staff is recommending using the On-Call agreement with PGA Design to
cover the scope of services for the design of the Dublin Heritage Park Cemetery
Improvements project.
Maintenance Services Agreements (Street Sweeping, Window Cleaning, & Carpet
Cleaning)
The Street Sweeping RFP resulted in three submissions and Staff recommends
Contract Sweeping Services, Inc., the City’s current vendor. This vendor submitted the
lowest cost proposal and provides service to the cities of Stockton, Tracy, Campbell,
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Town of Danville, San Ramon, and Saratoga. The other vendors that submitted
proposals were JD Services and Clean Street.
The Window Cleaning RFP resulted in two submissions and Staff recommends
Universal Building Services and Supply Co. (UBS). UBS submitted the lowest cost
proposal and provides service to the cities of Concord and San Ramon. The other
vendor that submitted a response was Century Pyramid Building Maintenance.
The Carpet Cleaning RFP resulted in four submissions and Staff recommends UBS.
Because UBS is also recommended for Window Cleaning, Staff is recommending one
agreement with UBS for both Window Cleaning services and Carpet Cleaning services.
UBS submitted the second lowest cost proposal but was ranked first because of the
quality and completeness of their proposal, the years of experience providing service,
and the satisfaction of previous clients. UBS provides services to the cities of Concord
and San Ramon. The other vendors that submitted a response were OGreena, Office
Spots, and Transpacific Building Maintenance.
Staff is recommending three-year agreement terms with Contract Sweeping Services,
Inc. and UBS with the following compensation limits:
Maintenance Services
Contractor Proposed Compensation
Limit
Services
Contract Sweeping
Services, Inc.
$867,500 Street Sweeping
Universal Building Services
and Supply Co. (UBS)
$240,382 Window Cleaning &
Carpet Cleaning
Amendments to Existing Agreements
In addition to the new agreements mentioned above, Staff is recommending
amendments to several other existing agreements. With the exception of the p roposed
amendment with Surf 2 Snow Environmental Resource Management , which includes an
increase in total compensation, the amendments only extend the term of the
agreements. The proposed amendments are:
BKF Engineers: The City Council authorized entering into an agreement with BKF
Engineers on November 1, 2016 (Resolution No. 161-16) for preliminary engineering of
the Dublin Boulevard Extension project. The City Council subsequently approved
amendments to the agreement on September 5, 2017 and December 5 , 2018
(Resolution Nos. 114-17 and 132-18, respectively). The proposed third amendment will
allow for more time to complete the additional studies required by Caltr ans for the
Environmental Assessment report for the Dublin Boulevard Extension – Fallon Road to
North Canyons Parkway project (ST0216). The term of services on the current
agreement expires on June 30, 2020. Staff proposes to amend the agreement to extend
the term of services through June 30, 2021.
Disability Access Consultants: The City Council authorized entering into an agreement
with Disability Access Consultants on June 4, 2019 (Resolution No. 55-19) to prepare
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an update to the Americans with Disabilities (ADA) Transition Plan. The term of services
on the agreements expires on June 30, 2020 . Staff proposes to amend the agreement
to extend the term of services through June 30, 2021 to allow for additional time for
completion of the ADA Transition Plan, including a public input process which has been
impacted by the shelter-in-place order associated with the COVID-19 pandemic.
Geosyntec Consultants: The City Council authorized entering into an agreement with
Geosyntec Consultants on January 10, 2017 (Resolution No. 01-17) for green
infrastructure planning and stormwater resource plan evaluati on. The City Council
subsequently approved amendments on September 5, 2017 (Resolution No. 116 -17)
and on December 4, 2018 (Resolution No. 131-18). Staff proposes to amend the
agreement to extend the term of services through June 30, 2021, to allow for completion
of alternate compliance protocols and development of concept green infrastructure
construction plans.
Rincon Consultants: The City Council authorized entering into an agreement with
Rincon Consultants, Inc. on June 19, 2018 (Resolution No. 72-18) to provide services
associated with a comprehensive update of the Climate Action Plan. The City Council
subsequently approved an amendment on September 30, 2019 (Resolution No. 91 -19).
Staff proposes to amend the agreements to extend the term of services through June
30, 2021, to allow for additional time to complete the Climate Action Plan update.
Surf 2 Snow Environmental Resource Management: The City Council authorized
entering into an agreement with Surf 2 Snow Environmental Resource Management on
June 19, 2018 (Resolution No. 71-18) to provide inspection services required of the
Municipal Regional Stormwater National Pollutant Discharge Elimination System permit
and to provide as-needed spill and discharge response services. Staff proposes to
amend the agreement to extend the term of services through June 30, 2021 and to
increase the total compensation for services by $68,218.
The following table summarizes the requested amendments.
Consultant Compensation Limit
Current Proposed
BKF Engineers $1,000,000 No Change
Disability Access Consultants $1,500,000 No Change
Geosyntec Consultants $349,000 No Change
Rincon Consultants, Inc. $81,740 No Change
Surf 2 Snow Environmental Resource
Management
$136,436 $204,654
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
ATTACHMENTS:
1. Resolution Approving Agreements for On-Call Landscape Architect Services,
Agreements for Maintenance Services, and Amendments to Agreements
2. Exhibit A to the Resolution - Agreements and Amendments to Agreements
3. Request For Qualifications and Request For Proposals
RESOLUTION NO. XX- 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AGREEMENTS FOR ON-CALL LANDSCAPE ARCHITECT SERVICES,
AGREEMENTS FOR MAINTENANCE SERVICES, AND AMENDMENTS TO
AGREEMENTS FOR CONTRACTOR AND CONSULTING SERVICES
WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for On-
Call Landscape Architect Services, Maintenance Services, and a Request for Proposals
(RFP) for Design Services for the Dublin Heritage Park Cemetery Improvements project
(CIP No. PK0215); and
WHEREAS, Staff reviewed and selected the most qualified firms and vendors to
provide services; and
WHEREAS, the City wishes to enter into agreements with BFS Landscape
Architects, Callander Associates, Gates and Associates, PGA Design, RHAA, SWA
Group for on-call landscape architect services for the term beginning July 1, 2020 through
June 30, 2023; and
WHEREAS, the City also wishes to enter into agreements at a later date, for any
of the following Landscape Architect firms which were reviewed and deemed qualified as
part of the RFQ solicitation process: Base, Bay Tree Design, Carducci, CMG,
ECOFOLIO, Fletcher Studio, Integra, Mantle, Miller, Nuvis, Quadriga, RRM, Surface
Design, Tanaka Design, and Verde; and
WHERAS, the City wishes to enter into agreements with Contract Sweeping
Services, Inc. and Universal Building Services and Supply Co. for maintenance services
for the term beginning July 1, 2020 through June 30, 2023; and
WHEREAS, the City has existing agreements with BKF Engineers, Disability
Access Consultants, Geosyntec Consultants, Rincon Consultants, Inc., and Surf 2 Snow
Environmental Resource Management, and wishes to amend these agreements to
extend the term, and to amend the agreement to increase the not-to-exceed amount with
Surf 2 Snow Environmental Resource Management.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve the On-Call Consulting Services Agreements with BFS Landscape
Architects, Callander Associates, Gates and Associates, PGA Design, RHAA, SWA
Group; Contractor Services Agreements with Contract Sweeping Services, Inc. and
Universal Building Services and Supply Co.; and Amendments to Agreements for various
Public Works services with BKF Engineers, Disability Access Consultants, Geosyntec
Consultants, Rincon Consultants, Inc., and Surf 2 Snow Environmental Resource
Management, attached hereto as Exhibit “A.”
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreements and Amendments to Agreements, attached hereto as Exhibit "A," and make
any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2020, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
Consulting Services Agreement between City of Dublin and July 1, 2020
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BFS LANDSCAPE ARCHITECTS
FOR ON-CALL LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
BFS Landscape Architects (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1,
2020 (the “Effective Date”).
Section 1. SERVICES.Subject to the terms and conditions set forth in this Agreement, Consultant
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 Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced 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 Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves 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.Consultant 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 Consultant is engaged.
1.3 Assignment of Personnel.Consultant 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,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time.Consultant 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 Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION.City hereby agrees to pay Consultant a sum not to exceed One Million
Dollars ($1,000,000), notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
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shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant 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.Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement 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:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment.City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment.City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment.City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant 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 Consultant 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.
2.5 Hourly Fees.Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes.Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination.In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services.The Consultant 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, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
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required by this Agreement. City shall make available to Consultant 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 Consultant’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 fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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 Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant 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, and that such insurance is in effect prior to beginning work.
Consultant 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 Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements.Consultant 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 Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements.To comply with Subsection 4.1, Consultant shall
submit the following:
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a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements.Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements.Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
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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 Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements.To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements.Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations.The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements.A certified endorsement to include contractual liability
shall be included in the policy.
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4.3.4 Submittal Requirements.To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
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 A:VII.
4.4.2 Verification of Coverage.Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions.Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. 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,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements.Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors.Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies.In addition to any other remedies City may have if Consultant 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
Consultant’s breach:
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Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor.At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not an Agent.Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant 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.Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
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regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations.To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant 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.Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity.Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 Consultant under this Agreement.
Consultant 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 Consultant.
Consultant 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, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
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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. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
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 Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’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 Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant 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 Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant.If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not 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 Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant 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 Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
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records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records.Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
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10.4 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.
10.5 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.
10.6 Use of Recycled Products.Consultant 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.
10.7 Conflict of Interest.Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant 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 Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation.Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 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.
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10.10 Notices.Any written notice to Consultant shall be sent to:
Landscape Architects
Attn: Larry Foster, BFS
425 Pacific St. Ste 201
Monterey, CA 93940
Any written notice to City shall be sent to:
City of Dublin
Attn: Nancy Nelson
100 Civic Plaza
Dublin, CA 94568
10.11 Integration.This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D Conflict of Interest
10.12 Counterparts.This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010.In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN BFS LANDSCAPE ARCHITECTS
Linda Smith, City Manager Larry Foster, Principal
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
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EXHIBIT A
SCOPE OF SERVICES
The City shall require on-call landscape architect services on various parks and facilities throughout the
City. Work on such projects shall include, but is not limited to:
x Development of conceptual plans and construction documents.
x Review of the Parks and Recreation Master Plan and other related planning documents.
x Evaluation of existing inventory of park and recreational facilities.
x Assessment and prioritization of recreational needs of the community.
x Review of Site topographic survey.
x Preparation of opportunities and constraints map of the site.
x Preparation of preliminary design alternatives for the site.
x Preparation of phasing plan for the park if needed, which identifies logical phases for development
of the park and designates the park and recreational amenities which will be included in each phase.
x Preparation of cost estimates for the proposed project from conceptual design through construction
document preparation.
x Facilitation of public input processes including meetings with stakeholders, Parks and Community
Services Commission and City Council.
x Preparation of construction documents including plans and specifications in accordance with local,
state and federal codes and standards.
x Hiring of technical experts via subconsultants for completion of tasks identified in scopes of work.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Hourly Rates for FY 2020/21 (July 1 – June 30)
Principal $215
Associate Principal $200
Associate $185
Project Manager $165
Assistant Project Manager $155
Designer $135
Design/Graphics Intern $40
Word Processor/Clerical $80
x Subconsultant rate markup shall be no greater than 10%.
x Reimbursables shall be limited to no greater than 10% above cost for printing and copying; and IRS
set mileage reimbursement (IRS Mileage Rate for 2020: $.575)
x Please note, all other reimbursable expenses are built into rates, identified above.
x Rate increases must be submitted by June 1st of each year, by Consultant, in order to be effective
July 1st. Rate increase requests will not be accepted past August of each year. Rate increases may
not exceed 3%, and shall be based on the April, 12 month change, of the Annual San Francisco Bay
Area Consumer Price Index (CPI).
x Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed. Please be sure to list the Development Code for each project or the CIP
project number, for all charges on each invoice.
x Reporting requirements submitted monthly with each invoice shall include a cumulative total of each
staff members hours be listed on each invoice.
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EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
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EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CALLANDER ASSOCIATES
FOR ON-CALL LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
Callander Associates (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2020
(the “Effective Date”).
Section 1. SERVICES.Subject to the terms and conditions set forth in this Agreement, Consultant
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 Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced 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 Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves 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.Consultant 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 Consultant is engaged.
1.3 Assignment of Personnel.Consultant 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,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time.Consultant 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 Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION.City hereby agrees to pay Consultant a sum not to exceed One Million
Dollars ($1,000,000), notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
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shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant 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.Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement 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:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment.City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment.City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment.City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant 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 Consultant 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.
2.5 Hourly Fees.Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes.Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination.In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services.The Consultant 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, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
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required by this Agreement. City shall make available to Consultant 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 Consultant’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 fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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 Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant 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, and that such insurance is in effect prior to beginning work.
Consultant 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 Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements.Consultant 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 Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements.To comply with Subsection 4.1, Consultant shall
submit the following:
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a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements.Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements.Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
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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 Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements.To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements.Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations.The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements.A certified endorsement to include contractual liability
shall be included in the policy.
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4.3.4 Submittal Requirements.To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
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 A:VII.
4.4.2 Verification of Coverage.Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions.Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. 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,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements.Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors.Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies.In addition to any other remedies City may have if Consultant 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
Consultant’s breach:
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Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor.At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not an Agent.Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant 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.Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
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regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations.To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant 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.Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity.Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 Consultant under this Agreement.
Consultant 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 Consultant.
Consultant 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, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
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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. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
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 Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’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 Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant 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 Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant.If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not 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 Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant 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 Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
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records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records.Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
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10.4 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.
10.5 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.
10.6 Use of Recycled Products.Consultant 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.
10.7 Conflict of Interest.Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant 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 Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation.Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 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.
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10.10 Notices.Any written notice to Consultant shall be sent to:
Callander Associates
Attn: Brian Fletcher
1633 Bayshore Highway, Suite 133
Burlingame, CA 94010
Any written notice to City shall be sent to:
City of Dublin
Attn: Nancy Nelson
100 Civic Plaza
Dublin, CA 94568
10.11 Integration.This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D Conflict of Interest
10.12 Counterparts.This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010.In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN CALLANDER ASSOCIATES
Linda Smith, City Manager Brian Fletcher, President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
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EXHIBIT A
SCOPE OF SERVICES
The City shall require on-call landscape architect services on various parks and facilities throughout the
City. Work on such projects shall include, but is not limited to:
x Development of conceptual plans and construction documents.
x Review of the Parks and Recreation Master Plan and other related planning documents.
x Evaluation of existing inventory of park and recreational facilities.
x Assessment and prioritization of recreational needs of the community.
x Review of Site topographic survey.
x Preparation of opportunities and constraints map of the site.
x Preparation of preliminary design alternatives for the site.
x Preparation of phasing plan for the park if needed, which identifies logical phases for development
of the park and designates the park and recreational amenities which will be included in each phase.
x Preparation of cost estimates for the proposed project from conceptual design through construction
document preparation.
x Facilitation of public input processes including meetings with stakeholders, Parks and Community
Services Commission and City Council.
x Preparation of construction documents including plans and specifications in accordance with local,
state and federal codes and standards.
x Hiring of technical experts via subconsultants for completion of tasks identified in scopes of work.
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Callander Associates for On-Call Architect Services Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Hourly Rates for FY 2020/21 (July 1 – June 30)
Principal $210/hour
Senior Associate $192/hour
Associate $182/hour
Construction Manager $161/hour
Senior Project Manager $165/hour
Project Manager 1 $158/hour
Project Manager 2 $149/hour
Job Captain $138/hour
Designer 1 $130/hour
Designer 2 $118/hour
Assistant Designer $105/hour
Accounting $160/hour
Senior Project Administrator $121/hour
Project Administrator $108/hour
x Subconsultant rate markup shall be no greater than 10%.
x Reimbursables shall be limited to no greater than 10% above cost for printing and copying; and IRS
set mileage reimbursement (IRS Mileage Rate for 2020: $.575)
x Please note, all other reimbursable expenses are built into rates, identified above.
x Rate increases must be submitted by June 1st of each year, by Consultant, in order to be effective
July 1st. Rate increase requests will not be accepted past August of each year. Rate increases may
not exceed 3%, and shall be based on the April, 12 month change, of the Annual San Francisco Bay
Area Consumer Price Index (CPI).
x Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed. Please be sure to list the Development Code for each project or the CIP
project number, for all charges on each invoice.
x Reporting requirements submitted monthly with each invoice shall include a cumulative total of each
staff members hours be listed on each invoice.
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EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
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Callander Associates for On-Call Architect Services Exhibit D – Page 1 of 1
EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND GATES AND ASSOCIATES
FOR ON-CALL LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
Gates and Associates (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2020
(the “Effective Date”).
Section 1. SERVICES.Subject to the terms and conditions set forth in this Agreement, Consultant
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 Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced 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 Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves 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.Consultant 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 Consultant is engaged.
1.3 Assignment of Personnel.Consultant 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,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time.Consultant 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 Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION.City hereby agrees to pay Consultant a sum not to exceed One Million
Dollars ($1,000,000), notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
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shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant 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.Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement 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:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment.City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment.City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment.City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant 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 Consultant 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.
2.5 Hourly Fees.Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes.Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination.In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services.The Consultant 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, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
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required by this Agreement. City shall make available to Consultant 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 Consultant’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 fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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 Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant 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, and that such insurance is in effect prior to beginning work.
Consultant 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 Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements.Consultant 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 Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements.To comply with Subsection 4.1, Consultant shall
submit the following:
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a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements.Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements.Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
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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 Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements.To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements.Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations.The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements.A certified endorsement to include contractual liability
shall be included in the policy.
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4.3.4 Submittal Requirements.To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
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 A:VII.
4.4.2 Verification of Coverage.Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions.Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. 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,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements.Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors.Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies.In addition to any other remedies City may have if Consultant 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
Consultant’s breach:
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Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor.At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not an Agent.Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant 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.Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
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regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations.To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant 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.Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity.Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 Consultant under this Agreement.
Consultant 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 Consultant.
Consultant 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, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
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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. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
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 Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’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 Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant 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 Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant.If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not 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 Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant 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 Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
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records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records.Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
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10.4 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.
10.5 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.
10.6 Use of Recycled Products.Consultant 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.
10.7 Conflict of Interest.Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant 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 Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation.Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 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.
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10.10 Notices.Any written notice to Consultant shall be sent to:
Gates & Associates
Attn: Casey Case
2671 Crow Canyon Road
San Ramon, CA 94583
Any written notice to City shall be sent to:
City of Dublin
Attn: Nancy Nelson
100 Civic Plaza
Dublin, CA 94568
10.11 Integration.This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D Conflict of Interest
10.12 Counterparts.This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010.In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN GATES AND ASSOCIATES
Linda Smith, City Manager Casey Case, Managing Partner
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
Consulting Services Agreement between City of Dublin and July 1, 2020
Gates and Associates for On-Call Architect Services Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
The City shall require on-call landscape architect services on various parks and facilities throughout the
City. Work on such projects shall include, but is not limited to:
x Development of conceptual plans and construction documents.
x Review of the Parks and Recreation Master Plan and other related planning documents.
x Evaluation of existing inventory of park and recreational facilities.
x Assessment and prioritization of recreational needs of the community.
x Review of Site topographic survey.
x Preparation of opportunities and constraints map of the site.
x Preparation of preliminary design alternatives for the site.
x Preparation of phasing plan for the park if needed, which identifies logical phases for development
of the park and designates the park and recreational amenities which will be included in each phase.
x Preparation of cost estimates for the proposed project from conceptual design through construction
document preparation.
x Facilitation of public input processes including meetings with stakeholders, Parks and Community
Services Commission and City Council.
x Preparation of construction documents including plans and specifications in accordance with local,
state and federal codes and standards.
x Hiring of technical experts via subconsultants for completion of tasks identified in scopes of work.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Gates and Associates:
Hourly Rates for FY 2020/21 (July 1 – June 30)
Partner $190.00 - $220.00
Principal $160.00 - $190.00
Associate Principal $140.00 - $160.00
Senior Associate $130.00 - $140.00
Job Captain $120.00 - $130.00
Sr. Irrigation Designer $145.00 - $165.00
Irrigation Design Technician $95.00 - $110.00
Sr. Visual Communications Designer $130.00 - $150.00
Community Outreach Coordinator $145.00 - $170.00
Marketing Coordinator $95.00 - $140.00
Administrative/Drafter $90.00 - $120.00
SUBCONSULTANT RATES:
INTERFACE ENGINEERING
Principal: $280/Hour
Associate Principal: $230/Hour
Associate/Sr. Engineer-Designer III: $210/Hour
Sr. Engineer-Designer II: $180/Hour
Sr. Engineer-Designer I: $155/Hour
Engineer-Designer III: $145/Hour
Designer II: $125/Hour
Designer I: $120/Hour
Revit Lead: $110/Hour
Drafter-Revit: $105/Hour
Administrative: $80/Hour
BKF RATES:
PROJECT MANAGEMENT
Principal/Vice President $251.00
Senior Associate/Vice President $225.00
Associate $219.00
Senior Project Manager | Senior Technical Manager $214.00
Project Manager | Technical Manager $209.00
Engineering Manager | Surveying Manager | Planning Manager $193.00
TECHNICAL STAFF
Consulting Services Agreement between City of Dublin and July 1, 2020
Gates and Associates for On-Call Architect Services Exhibit B – Page 2 of 5
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $179.00
Project Engineer | Project Surveyor | Project Planner $157.00
Design Engineer | Staff Surveyor | Staff Planner $137.00
BIM Specialist I, II, III $137.00 - $157.00 - $179.00
Technician I, II, III, IV $130.00 - $139.00 - $152.00 - $164.00
Drafter I, II, III, IV $102.00 - $112.00 - $121.00 - $135.00
FIELD SURVEYING
Survey Party Chief $179.00
Instrumentman $154.00
Survey Chainman $116.00
Utility Locator I, II, III, IV $93.00 - $132.00 - $158.00 - $180.00
Apprentice I, II, III, IV $71.00 - $95.00 - $105.00 - $111.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $234.00
Senior Construction Administrator $203.00
Resident Engineer $151.00
Field Engineer I, II, III $137.00 - $157.00 - $179.00
ASSISTANTS
Project Assistant $84.00
Engineering Assistant | Surveying Assistant | Planning Assistant $82.00
Clerical | Administrative Assistant $70.00
Consulting Services Agreement between City of Dublin and July 1, 2020
Gates and Associates for On-Call Architect Services Exhibit B – Page 3 of 5
BSK RATES:
Consulting Services Agreement between City of Dublin and July 1, 2020
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Consulting Services Agreement between City of Dublin and July 1, 2020
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PEOPLES ASSOCIATES
Engineering Services Principal/Engineering Manager ............................ $ 220.00 per hour
Senior Project Manager ........................................................................... $ 195.00 per hour
Project Manager ...................................................................................... $ 175.00 per hour
Senior Structural Engineer....................................................................... $ 175.00 per hour
Project Structural Engineer 3 ................................................................... $ 160.00 per hour
Project Structural Engineer 2 ................................................................... $ 155.00 per hour
Project Structural Engineer 1 ................................................................... $ 150.00 per hour
Project Engineer 3 ................................................................................... $ 140.00 per hour
Project Engineer 2 ................................................................................... $ 130.00 per hour
Project Engineer 1 ................................................................................... $ 120.00 per hour
Assistant Engineer 3 ................................................................................ $ 115.00 per hour
Assistant Engineer 2 ................................................................................ $ 110.00 per hour
Assistant Engineer 1 ................................................................................ $ 105.00 per hour
Engineering Technician ........................................................................... $ 80.00 per hour
BIM Services BIM Manager.................................................................... $ 175.00 per hour
Senior BIM Engineer ........................................................................... $ 165.00 per hour
BIM Engineer.. ....................................................................................... $ 155.00 per hour
BIM Project Coordinator ......................................................................... $ 145.00 per hour
BIM Technician ...................................................................................... $ 100.00 per hour
Technical Services CAD Manager ........................................................... $ 150.00 per hour
Senior CAD Drafter 2 ............................................................................. $ 135.00 per hour
Senior CAD Drafter 1 ............................................................................. $ 120.00 per hour
CAD Drafter 4 ........................................................................................ $ 110.00 per hour
CAD Drafter 3 ........................................................................................ $ 100.00 per hour
CAD Drafter 2 ........................................................................................ $ 95.00 per hour
CAD Drafter 1 ........................................................................................ $ 90.00 per hour
CAD Technician ..................................................................................... $ 75.00 per hour
Administrative Assistant ......................................................................... $ 75.00 per hour
Secretarial/Clerical Assistant ................................................................... $ 65.00 per hour
x Subconsultant rate markup shall be no greater than 10%.
x Reimbursables shall be limited to no greater than 10% above cost for printing and copying; and IRS
set mileage reimbursement (IRS Mileage Rate for 2020: $.575)
x Please note, all other reimbursable expenses are built into rates, identified above.
x Rate increases must be submitted by June 1st of each year, by Consultant, in order to be effective
July 1st. Rate increase requests will not be accepted past August of each year. Rate increases may
not exceed 3%, and shall be based on the April, 12 month change, of the Annual San Francisco Bay
Area Consumer Price Index (CPI).
x Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed. Please be sure to list the Development Code for each project or the CIP
project number, for all charges on each invoice.
x Reporting requirements submitted monthly with each invoice shall include a cumulative total of each
staff members hours be listed on each invoice.
Consulting Services Agreement between City of Dublin and July 1, 2020
Gates and Associates for On-Call Architect Services Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
Consulting Services Agreement between City of Dublin and July 1, 2020
Gates and Associates for On-Call Architect Services Exhibit D – Page 1 of 1
EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
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PGA Design for On-Call Architect Services Page 1 of 14
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND PGA DESIGN
FOR ON-CALL LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
PGA Design (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2020 (the
“Effective Date”).
Section 1. SERVICES.Subject to the terms and conditions set forth in this Agreement, Consultant
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 Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced 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 Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves 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.Consultant 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 Consultant is engaged.
1.3 Assignment of Personnel.Consultant 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,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time.Consultant 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 Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION.City hereby agrees to pay Consultant a sum not to exceed One Million
Two Hundred Thousand Dollars ($1,200,000), notwithstanding any contrary indications that may be
contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as
Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
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PGA Design for On-Call Architect Services Page 2 of 14
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant 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.Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement 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:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment.City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment.City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment.City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant 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 Consultant 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.
2.5 Hourly Fees.Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes.Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination.In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services.The Consultant 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, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
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PGA Design for On-Call Architect Services Page 4 of 14
required by this Agreement. City shall make available to Consultant 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 Consultant’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 fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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 Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant 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, and that such insurance is in effect prior to beginning work.
Consultant 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 Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements.Consultant 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 Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements.To comply with Subsection 4.1, Consultant shall
submit the following:
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a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements.Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements.Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
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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 Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements.To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements.Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations.The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements.A certified endorsement to include contractual liability
shall be included in the policy.
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4.3.4 Submittal Requirements.To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
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 A:VII.
4.4.2 Verification of Coverage.Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions.Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. 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,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements.Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors.Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies.In addition to any other remedies City may have if Consultant 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
Consultant’s breach:
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Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor.At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not an Agent.Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant 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.Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
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regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations.To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant 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.Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity.Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 Consultant under this Agreement.
Consultant 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 Consultant.
Consultant 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, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
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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. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
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 Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’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 Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant 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 Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant.If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not 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 Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant 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 Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
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PGA Design for On-Call Architect Services Page 11 of 14
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records.Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
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10.4 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.
10.5 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.
10.6 Use of Recycled Products.Consultant 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.
10.7 Conflict of Interest.Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant 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 Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation.Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 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.
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10.10 Notices.Any written notice to Consultant shall be sent to:
PGA
Attn: Karen Krolewski
444 17th Street
Oakland, CA 94612
Any written notice to City shall be sent to:
City of Dublin
Att: Nancy Nelson
100 Civic Plaza
Dublin, CA 94568
10.11 Integration.This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D Conflict of Interest
10.12 Counterparts.This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010.In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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PGA Design for On-Call Architect Services Page 14 of 14
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN PGA DESIGN
Linda Smith, City Manager Karen Krolewski, Vice President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
Consulting Services Agreement between City of Dublin and July 1, 2020
PGA Design for On-Call Architect Services Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
The City shall require on-call landscape architect services on various parks and facilities throughout the
City. Work on such projects shall include, but is not limited to:
x Development of conceptual plans and construction documents.
x Review of the Parks and Recreation Master Plan and other related planning documents.
x Evaluation of existing inventory of park and recreational facilities.
x Assessment and prioritization of recreational needs of the community.
x Review of Site topographic survey.
x Preparation of opportunities and constraints map of the site.
x Preparation of preliminary design alternatives for the site.
x Preparation of phasing plan for the park if needed, which identifies logical phases for development
of the park and designates the park and recreational amenities which will be included in each phase.
x Preparation of cost estimates for the proposed project from conceptual design through construction
document preparation.
x Facilitation of public input processes including meetings with stakeholders, Parks and Community
Services Commission and City Council.
x Preparation of construction documents including plans and specifications in accordance with local,
state and federal codes and standards.
x Hiring of technical experts via subconsultants for completion of tasks identified in scopes of work.
Consulting Services Agreement between City of Dublin and July 1, 2020
PGA Design for On-Call Architect Services Exhibit B – Page 1 of 2
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Hourly Rates for FY 2020/21 (July 1 – June 30)
PGA Design
Principal $230
Senior Landscape Architect $190
Landscape Architect $155 - $160
Intermediate Designer $140 - $165
Technician/CAD $140 - $155
Irrigation Designer $160
Administration $ 90
SUBCONSULTANT RATES:
Sandis
Project Specialist/Clerical $90.00
CAD/Engineer/Surveying/Technician: Level 1$105.00, Level II $110.00, Level III $115.00
Sr. Engineer Technician $130.00
Design Engineer: Level 1 $120.00, Level II $125.00, Level III $130.00
Project Engineer/Traffic Engineer/Project Surveyor: Level 1$135.00, Level II $145.00, Level III $175.00
Engineering/Surveying Project Manage: Level 1$185.00, Level 2$215.00
Senior Field Survey Supervisor (PLS) $235.00
Utility Locating Services 1-person Crew $175.00
Survey Crew 2-person Crew $295.00
Associate Principal/Senior Project Manager/Senior Traffic Engineer $235.00
Principal $350.00
Zeiger Engineers
Principal $248
Senior Engineer $224
Engineer $194
Electrical Designer $164
CAD Operator $138
Jr. CAD Operator $97
Administrative $128
x Subconsultant rate markup shall be no greater than 10%.
x Reimbursables shall be limited to no greater than 10% above cost for printing and copying; and IRS
set mileage reimbursement (IRS Mileage Rate for 2020: $.575)
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PGA Design for On-Call Architect Services Exhibit B – Page 2 of 2
x Please note, all other reimbursable expenses are built into rates, identified above.
x Rate increases must be submitted by June 1
st of each year, by Consultant, in order to be effective
July 1st. Rate increase requests will not be accepted past August of each year. Rate increases may
not exceed 3%, and shall be based on the April, 12 month change, of the Annual San Francisco Bay
Area Consumer Price Index (CPI).
x Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed. Please be sure to list the Development Code for each project or the CIP
project number, for all charges on each invoice.
x Reporting requirements submitted monthly with each invoice shall include a cumulative total of each
staff members hours be listed on each invoice.
Consulting Services Agreement between City of Dublin and July 1, 2020
PGA Design for On-Call Architect Services Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
Consulting Services Agreement between City of Dublin and July 1, 2020
PGA Design for On-Call Architect Services Exhibit D – Page 1 of 1
EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
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RHAA for On-Call Architect Services Page 1 of 14
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND RHAA
FOR ON-CALL LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
RHAA (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2020 (the “Effective
Date”).
Section 1. SERVICES.Subject to the terms and conditions set forth in this Agreement, Consultant
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 Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced 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 Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves 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.Consultant 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 Consultant is engaged.
1.3 Assignment of Personnel.Consultant 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,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time.Consultant 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 Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION.City hereby agrees to pay Consultant a sum not to exceed One Million
Dollars ($1,000,000), notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
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RHAA for On-Call Architect Services Page 2 of 14
shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant 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.Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement 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:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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RHAA for On-Call Architect Services Page 3 of 14
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment.City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment.City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment.City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant 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 Consultant 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.
2.5 Hourly Fees.Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes.Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination.In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services.The Consultant 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, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
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RHAA for On-Call Architect Services Page 4 of 14
required by this Agreement. City shall make available to Consultant 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 Consultant’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 fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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 Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant 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, and that such insurance is in effect prior to beginning work.
Consultant 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 Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements.Consultant 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 Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements.To comply with Subsection 4.1, Consultant shall
submit the following:
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RHAA for On-Call Architect Services Page 5 of 14
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements.Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements.Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
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RHAA for On-Call Architect Services Page 6 of 14
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 Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements.To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements.Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations.The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements.A certified endorsement to include contractual liability
shall be included in the policy.
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4.3.4 Submittal Requirements.To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
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 A:VII.
4.4.2 Verification of Coverage.Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions.Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. 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,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements.Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors.Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies.In addition to any other remedies City may have if Consultant 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
Consultant’s breach:
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Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor.At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not an Agent.Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant 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.Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
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regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations.To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant 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.Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity.Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 Consultant under this Agreement.
Consultant 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 Consultant.
Consultant 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, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
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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. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
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 Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’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 Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant 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 Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant.If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not 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 Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant 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 Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
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records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records.Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
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10.4 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.
10.5 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.
10.6 Use of Recycled Products.Consultant 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.
10.7 Conflict of Interest.Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant 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 Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation.Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 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.
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10.10 Notices.Any written notice to Consultant shall be sent to:
RHAA
Attn: Nathan Lozier
323 Geary Street, Suite 602
San Francisco, CA
Any written notice to City shall be sent to:
City of Dublin
Attn: Nancy Nelson
100 Civic Plaza
Dublin, CA 94568
10.11 Integration.This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D Conflict of Interest
10.12 Counterparts.This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010.In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN RHAA
Linda Smith, City Manager Nathan Lozier, Vice President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
Consulting Services Agreement between City of Dublin and July 1, 2020
RHAA for On-Call Architect Services Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
The City shall require on-call landscape architect services on various parks and facilities throughout the
City. Work on such projects shall include, but is not limited to:
x Development of conceptual plans and construction documents.
x Review of the Parks and Recreation Master Plan and other related planning documents.
x Evaluation of existing inventory of park and recreational facilities.
x Assessment and prioritization of recreational needs of the community.
x Review of Site topographic survey.
x Preparation of opportunities and constraints map of the site.
x Preparation of preliminary design alternatives for the site.
x Preparation of phasing plan for the park if needed, which identifies logical phases for development
of the park and designates the park and recreational amenities which will be included in each phase.
x Preparation of cost estimates for the proposed project from conceptual design through construction
document preparation.
x Facilitation of public input processes including meetings with stakeholders, Parks and Community
Services Commission and City Council.
x Preparation of construction documents including plans and specifications in accordance with local,
state and federal codes and standards.
x Hiring of technical experts via subconsultants for completion of tasks identified in scopes of work.
Consulting Services Agreement between City of Dublin and July 1, 2020
RHAA for On-Call Architect Services Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Hourly Rates for FY 2020/21 (July 1 – June 30)
Principal 1 $255
Principal 2 $250
Principal 3 $240
Senior Associate 1 $235
Senior Associate 2 $210
Assistant Project Manager $180
Associate 1 $180
Associate 2 $170
Designer 1 $155
Designer 2 $150
Designer 3 $145
Designer 4 $135
Project Accountant $175
Controller $200
x Subconsultant rate markup shall be no greater than 10%.
x Reimbursables shall be limited to no greater than 10% above cost for printing and copying; and IRS
set mileage reimbursement (IRS Mileage Rate for 2020: $.575)
x Please note, all other reimbursable expenses are built into rates, identified above.
x Rate increases must be submitted by June 1
st of each year, by Consultant, in order to be effective
July 1st. Rate increase requests will not be accepted past August of each year. Rate increases may
not exceed 3%, and shall be based on the April, 12 month change, of the Annual San Francisco Bay
Area Consumer Price Index (CPI).
x Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed. Please be sure to list the Development Code for each project or the CIP
project number, for all charges on each invoice.
x Reporting requirements submitted monthly with each invoice shall include a cumulative total of each
staff members hours be listed on each invoice.
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RHAA for On-Call Architect Services Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
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RHAA for On-Call Architect Services Exhibit D – Page 1 of 1
EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND SWA GROUP
FOR ON-CALL LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
SWA Group (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2020 (the
“Effective Date”).
Section 1. SERVICES.Subject to the terms and conditions set forth in this Agreement, Consultant
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 Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced 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 Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves 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.Consultant 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 Consultant is engaged.
1.3 Assignment of Personnel.Consultant 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,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time.Consultant 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 Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION.City hereby agrees to pay Consultant a sum not to exceed One Million
Dollars ($1,000,000), notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
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shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant 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.Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement 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:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment.City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment.City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment.City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant 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 Consultant 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.
2.5 Hourly Fees.Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes.Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination.In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services.The Consultant 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, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
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required by this Agreement. City shall make available to Consultant 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 Consultant’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 fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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 Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant 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, and that such insurance is in effect prior to beginning work.
Consultant 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 Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements.Consultant 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 Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements.To comply with Subsection 4.1, Consultant shall
submit the following:
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a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements.Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements.Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
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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 Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements.To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements.Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations.The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements.A certified endorsement to include contractual liability
shall be included in the policy.
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4.3.4 Submittal Requirements.To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
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 A:VII.
4.4.2 Verification of Coverage.Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions.Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. 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,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements.Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors.Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies.In addition to any other remedies City may have if Consultant 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
Consultant’s breach:
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Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor.At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not an Agent.Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant 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.Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
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regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations.To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant 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.Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity.Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 Consultant under this Agreement.
Consultant 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 Consultant.
Consultant 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, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
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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. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
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 Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’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 Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant 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 Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant.If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not 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 Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant 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 Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
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records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records.Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
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10.4 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.
10.5 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.
10.6 Use of Recycled Products.Consultant 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.
10.7 Conflict of Interest.Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant 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 Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation.Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 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.
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10.10 Notices.Any written notice to Consultant shall be sent to:
SWA Group
Attn: Rene Bihan
530 Bush Street, 6th Floor
San Francisco, CA 94108
Any written notice to City shall be sent to:
City of Dublin
Att: Nancy Nelson
100 Civic Plaza
Dublin, CA 94568
10.11 Integration.This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D Conflict of Interest
10.12 Counterparts.This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010.In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN SWA GROUP
Linda Smith, City Manager Rene Bihan, Managing Principal
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
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EXHIBIT A
SCOPE OF SERVICES
The City shall require on-call landscape architect services on various parks and facilities throughout the
City. Work on such projects shall include, but is not limited to:
x Development of conceptual plans and construction documents.
x Review of the Parks and Recreation Master Plan and other related planning documents.
x Evaluation of existing inventory of park and recreational facilities.
x Assessment and prioritization of recreational needs of the community.
x Review of Site topographic survey.
x Preparation of opportunities and constraints map of the site.
x Preparation of preliminary design alternatives for the site.
x Preparation of phasing plan for the park if needed, which identifies logical phases for development
of the park and designates the park and recreational amenities which will be included in each phase.
x Preparation of cost estimates for the proposed project from conceptual design through construction
document preparation.
x Facilitation of public input processes including meetings with stakeholders, Parks and Community
Services Commission and City Council.
x Preparation of construction documents including plans and specifications in accordance with local,
state and federal codes and standards.
x Hiring of technical experts via subconsultants for completion of tasks identified in scopes of work.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Hourly Rates for FY 2020/21 (July 1 – June 30)
SWA Group
Rene Bihan, Principal $295
Dan Affleck, Project Manager
**Point of Contact**
$168
Mariana Ricker, Designer $120
Travis Theobald, Technical (Field) Lead $180
Staff Designer $100
CEA (Civil/Survey)
Andrew Turner, Senior Engineer $185
Shane Adrian, Project Manager $185
Jesus Robles, Staff Engineer and Survey
Manager
$145
Engeo (Geotech)
Janet Kan, Principal Engineer $298
Stephen Brard, Staff Engineer $178
PASE (Structural)
Drew Kimball, Project Lead $140
Dave Lo, Project Manager $175
Elliott Kwok, Project Engineer $130
Yung Du, CAD Manager $150
Sweeney (Irrigation)
Lance Sweeney, Principal $175
Tristan Sweeney, Project Manager $150
Irrigation Designer $130
TBD (Cost Estimating)
Andy Beyer, Sr. Cost Estimator $198
x Subconsultant rate markup shall be no greater than 10%.
x Reimbursables shall be limited to no greater than 10% above cost for printing and copying; and IRS
set mileage reimbursement (IRS Mileage Rate for 2020: $.575)
x Please note, all other reimbursable expenses are built into rates, identified above.
x Rate increases must be submitted by June 1
st of each year, by Consultant, in order to be effective
July 1st. Rate increase requests will not be accepted past August of each year. Rate increases may
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not exceed 3%, and shall be based on the April, 12 month change, of the Annual San Francisco Bay
Area Consumer Price Index (CPI).
x Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly
and as work is completed. Please be sure to list the Development Code for each project or the CIP
project number, for all charges on each invoice.
x Reporting requirements submitted monthly with each invoice shall include a cumulative total of each
staff members hours be listed on each invoice.
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EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
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EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CONTRACT SWEEPING SERVICES
THIS AGREEMENT for street sweeping services is made by and between the City of Dublin
(“City”) and Contract Sweeping Services (“Contractor”) (together sometimes referred to as the “Parties”) as
of July 1, 2020 (the “Effective Date”).
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 Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before 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 referenced 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 purchase, b) the price charged by the
Contractor for the provision of the serves 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.
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 Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
1.5 Public Works Contractor Registration. Because the services described in Exhibit A
include “work performed during the design and preconstruction phases of construction
including, but not limited to, inspection and land surveying work,” the services constitute a
public works within the definition of Section 1720(a)(1) of the California Labor Code. As a
result, Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit C.
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1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION.City hereby agrees to pay Contractor a sum not to exceed EIGHT
HUNDRED SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($867,500), notwithstanding any
contrary indications that may be contained in Contractor’s proposal, for services to be performed and
reimbursable costs incurred 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 in writing, 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 estimated 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 performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement 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;
Daily logs of total hours worked by each individual performing work under this
Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
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o If this Agreement covers multiple tasks, all hours must also be logged by
task
o 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, and for authorized reimbursable costs incurred. 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 compensation schedule attached hereto as Exhibit B.
2.5 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.6 Payment of Taxes.Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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 and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.8 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.
2.9 Liquidated Damages.Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
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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. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements.In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS.Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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. Consistent with the following provisions, 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, and that such insurance is in effect prior to beginning work.
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 to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements.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 $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these 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 California Labor Code shall be solely in
the discretion of the Contract Administrator.
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The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements.To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements.Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements.Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
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c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, 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.
4.2.4 Submittal Requirements.To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers.All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage.Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions.Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. 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,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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4.3.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements.Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors.Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 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 CONTRACTOR’S RESPONSIBILITIES.Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively,
“Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
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.
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. This Agreement shall
not be construed as an agreement for employment. 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 Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. 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 Not an 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.
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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, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 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
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Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
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. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
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above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor’s Books and Records.Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
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City of Dublin and Contract Sweeping Services Page 13 of 15
10.6 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 Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 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 12 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 California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
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 California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 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.
10.8 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.
10.9 Notices.Any written notice to Contractor shall be sent to:
Contract Sweeping Services, Inc.
Attn: Joe Vella, President
760 E Capitol Avenue
Milpitas, CA 95035
Any written notice to City shall be sent to:
City of Dublin
Att: Dean McDonald, Public Works Maintenance Superintendent
100 Civic Plaza
Dublin, CA 94568
10.10 Integration.This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
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City of Dublin and Contract Sweeping Services Page 14 of 15
Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Conflict of Interest Statement
10.11 Counterparts.This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.12 Certification per Iran Contracting Act of 2010.In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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City of Dublin and Contract Sweeping Services Page 15 of 15
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN CONTRACT SWEEPING SERVICES, INC.
Linda Smith, City Manager Joe Vella, President
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
Services Agreement between July 1, 2020
City of Dublin and Contract Sweeping Services Exhibit A – Page 1 of 5
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide City with street sweeping services for residential and commercial streets,
intersections, parking lots, as well as emergency callout service.
SWEEPING CATEGORIES 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 and Central Parkway. These commercial streets
shall be swept at a time agreed upon by City, as to avoid noise complaints from adjacent residents.
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:
x Altamirano Avenue (Arnold Road to BART parking lot)
x Amador Plaza Road (Amador Valley Boulevard to southerly end)
x Amador Valley Boulevard (Village Parkway to westerly end)
x Arnold Road (Altamirano Avenue to Gleason Drive)
x Campbell Lane (Dublin Boulevard to Demarcus Boulevard)
x Clark Avenue (Village Parkway to Dublin Boulevard)
x Demarcus Boulevard (Iron Horse Parkway to Dublin Boulevard)
x Dougherty Road (I-580 to Northerly City Limit, including a pass through the painted median areas)
x Dublin Boulevard. (Schaefer Ranch Road to Fallon Road)
x Fallon Road (Tassajara Road to I-580)
x Gleason Drive (Arnold Road to Fallon Road)
x Golden Gate Drive (Dublin Boulevard to southerly end)
x Hacienda Drive (I-580 to Gleason Drive)
x Iron Horse Parkway (Demarcus Boulevard to Dublin Boulevard)
x John Monego Court (Dublin Boulevard to southerly end)
x Lewis Avenue (Village Parkway to Portage Road)
x Martinelli Way (Hacienda Drive to Iron Horse Parkway)
x Regional Street (Amador Valley Boulevard to south end)
x Saint Patrick Way (Amador Plaza Road to Golden Gate Drive)
x San Ramon Road (I-580 to Alcosta Boulevard)
x Scarlett Court (Dublin Boulevard to east end)
x Scarlett Drive (Dublin Boulevard to Scarlett Court)
x Tassajara Road (I-580 to Cydonia Court)
x 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.
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City of Dublin and Contract Sweeping Services Exhibit A – Page 2 of 5
RESIDENTIAL STREETS: The City is divided into seven 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. Residential sweeping shall commence no earlier than 8 a.m. so to avoid
noise complaints from adjacent residents, except for streets located adjacent to identified schools which
require sweeping at 6 a.m.
The City may agree to modify sweeping zones provided the following conditions:
x To allow for the addition of new street segments as accepted by the City (City will provide list in
writing, as needed)
x 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 Maintenance Superintendent, 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, paying special attention to
areas of gravel and debris accumulated between through lanes and turn lanes:
x Dublin Boulevard/San Ramon Road
x Dublin Boulevard/Regional Street
x Dublin Boulevard/Golden Gate Drive
x Dublin Boulevard/Amador Plaza Road
x Dublin Boulevard/Village Parkway
x Dublin Boulevard/Dublin Court
x Dublin Boulevard/Sierra Court
x Dublin Boulevard/Dougherty Road
x Dublin Boulevard/Demarcus Boulevard
x Dublin Boulevard/Iron Horse Parkway
x Dublin Boulevard/Arnold Road
x Dublin Boulevard/Hacienda Drive
x Dublin Boulevard/Tassajara Road
x Dublin Boulevard/Fallon Road
x Amador Valley Blvd./San Ramon Road
x Amador Valley Blvd./Regional Street
x Amador Valley Blvd./Village Parkway
x Amador Valley Blvd./Amador Plaza
Road
x Amador Valley Blvd./Dougherty Road
x Dougherty Road/Sierra Lane
x Gleason Drive/Hacienda Drive
x Gleason Drive/Tassajara Road
x Gleason Drive/Fallon Road
x Central Parkway/Hacienda Drive
x Central Parkway/Tassajara Road
x Central Parkway/Fallon Road
x Hacienda Drive/Martinelli Way
x 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 completed no earlier than 8 a.m. to avoid noise complaints from adjacent residents. Changes
to sweeping days and times for all parking lots shall be approved by the Public Works
Maintenance Superintendent, or their designee.
x Civic Center - 100 Civic Plaza
Services Agreement between July 1, 2020
City of Dublin and Contract Sweeping Services Exhibit A – Page 3 of 5
x Shannon Park/Community Center - 11600 Shannon Avenue
x Alamo Creek Park - Dougherty Road and Willow Creek Drive
x Dublin Sports Grounds - Dublin Boulevard next to Civic Center Plaza
x Emerald Glen Park, Gleason Drive at Tassajara Road (3 parking lots, one on Gleason Drive and
two on Central Parkway)
x Senior Center, 7600 Amador Valley Boulevard
x Dublin Heritage Park 11805 Dublin Boulevard (2 parking lots, one at Heritage Park, one at bank
parking lot on Dublin Boulevard
x Dougherty Hills Dog Park – Amador Valley Boulevard east of Stagecoach Road
x Fallon Sports Park (2 parking lots, one on Palermo Way, east of Lockhart Street and one on
Central Parkway)
x Public Safety Complex (2 parking lots, one at 6361 Clark Avenue and one at 6363 Clark Avenue)
EMERGENCY CALLOUTS: Contractor shall provide a 24-hour telephone number and/or a list of
employees, including mobile telephone 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.
Report Submittal: Contractor shall submit a report with Global Positioning System (GPS) information for
completed routes within the billing dates for each monthly invoice. Contractor shall submit an annual
report, at fiscal year-end, of total curb miles serviced within the fiscal year.
If Contractor identifies a need for increased frequency, miles swept or altered callout hours, Contractor
shall submit a proposal to the Public Works Superintendent, 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, as determined by the Public Works Maintenance
Superintendent, or their designee. The additional cost for sweeping these streets shall be based upon the
per mile cost detailed 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 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 no later than thirty days 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.
Services Agreement between July 1, 2020
City of Dublin and Contract Sweeping Services Exhibit A – Page 4 of 5
Quality of Sweeping: The street sweeper shall leave designated areas of sweeping free of all dirt, litter,
debris, and visual dust.
The Contractor’s street sweeper shall leave designated areas free of all dirt, litter, debris, and visual dust
within the control of a fully operational machine. Due to various street widths and configurations throughout
the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper in many
cases, to ensure curb-to-curb coverage of the street. Streets with raised medians (commercial and
residential) shall have the curb-gutter perimeters of each raised median swept, including turnouts. Street-
grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as
part of the sweeping operations, resulting in minimal debris residual or tailings left on the swept surface
following the completion of a pass(es) of the street sweeping machine. No sweeper shall blow debris onto
private property or sidewalks.
Due to various street configurations and densities of the urban forest throughout the City, when necessary
for proper cleaning, the Contractor shall make more than one pass on a street without extra charge.
Payment will be made for the initial length of curb swept, not the number of passes needed to leave
designated areas free of all dirt, litter, debris, and visual dust within the control of a fully operational
machine.
Re-Sweeps – Those sweeps required of Contractor when previous sweeps have been deemed by City to
be of poor quality, or when a street or sections of a street have been missed by Contractor during regularly
scheduled street sweeping. Re-sweeps are completed at the expense of Contractor and shall be completed
within 24-hours of notice, weather permitting. (from San Mateo County contract).
The Contractor shall immediately respond when notified by the City to re-sweep unsatisfactory areas at no
additional charge. In areas with offset angles, extruded curbs, parking blocks or any areas where street
sweeping equipment has difficulty in maneuvering, the Contractor shall use whatever legal means
necessary to maintain the cleanliness of these areas. These areas are subject to all the terms and
conditions listed in this contract.
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 Superintendent, 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 Superintendent, or their designee. If containers
are used, they shall be dumped upon completion of the sweeping cycle. Any residual liquid waste shall be
disposed of properly (e.g., not in the storm drain system).
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. Contractor shall report gallons of water used per route as part of the
monthly invoice reporting. Contractor shall, at no time, complete routes without refill of water reservoir.
Services Agreement between July 1, 2020
City of Dublin and Contract Sweeping Services Exhibit A – Page 5 of 5
Equipment: Equipment not suitable to produce the quality of work required shall not be permitted to
operate on the contract work. All equipment shall be subject to the approval of the Director of Public Works
prior to use. All sweeping equipment shall have appropriate safety markings consisting of all highway
lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State
Vehicle Code, the City of Dublin Noise Ordinance and approved by the Director of Public Works. All
vehicles and equipment used by the Contractor must be clearly identified with the name of the company
and telephone number on each side of the equipment.
Equipment must be maintained and clean at all times; mechanical brushes and brooms shall be maintained
in proper condition and shall be replaced as recommended by the manufacturer or when pick-up ability
becomes repaired.
Age of Vehicles: The age of all streets sweeping equipment shall be no older than six (6) years, unless the
Director of Public Works grants approval.
The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.
At all times the Contractor shall properly maintain a minimum of two (2) machine sweepers, both as to
condition and appearance, for use on the work under this contract.
Sweepers must be equipped with mobile radio communications or cellular telephones to the Contractor’s
dispatch office, as well as GPS monitoring devices. Contractor will provide the City with access to the GPS
system which allows for the monitoring of each sweeper’s current location, as well as previously traveled
locations when requested. Contractor shall provide the City with computer access to program to use GPS
system at no cost.
Equipment Operation: The Contractor shall operate the sweepers between 4 and 5 miles per hour when
sweeping, unless it can be proven the sweeper can operate at a higher speed and still operate efficiently.
Regulatory Compliance: Work, equipment, and methods shall be in compliance with all applicable
California Air Resources Board (CARB), Bay Area Air Quality Management District (BAAQMD) and
National Pollutant Discharge Elimination System (NPDES) regulations and requirements.
Any street sweeping vehicle fluid leaks will be cleaned immediately using all appropriate dry cleaning
methods and properly disposed. Each sweeper provided by the Contractor shall carry a spill kit and the
operator shall be properly trained on how to clean spills. Costs incurred by the City to respond to, clean up,
and/or contain fluid spills from any Contractor’s vehicle shall be paid by the Contractor.
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. Contractor
shall deploy at a minimum, one vehicle with a back-brush each service day. 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
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City of Dublin and Contract Sweeping Services Exhibit A – Page 6 of 5
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
Superintendent, or their designee as soon as possible upon request.
Obstructions: Contractor shall make all possible effort to avoid obstacles while completing a thorough
sweep of streets. It is the responsibility of Contractor to replace and/or repair damaged assets within Public
Right-of-Way. Contractor shall notify City of issues of concern where obstructions are in the way of
completing work.
Handling of Customer Complaints: Contractor, at the direction of City, shall reach out to residents to
address complaints within the same business day reported. Contractor shall follow up with City to report on
any and all resolutions to complaints and concerns.
Performance: If at any time City feels the performance of Contractor is not meeting the needs of its
residents and business community, City shall bring this to the attention of the Company President for
immediate resolution.
The Contractor shall furnish copies of valid commercial driver licenses for all operators assigned to the City,
whether permanently or temporarily assigned.
Services Agreement between July 1, 2020
City of Dublin and Contract Sweeping Services Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
Annual Street Sweeping Quantities
Item description Unit
Est.
Quantities
Unit
Price Total Price
Residential Street Sweeping (2x
monthly)
Curb
mile 5,800 $29.75 $172,550.00
Commercial Street Sweeping (2x
monthly except for Nov and Dec
which are 4x monthly)
Curb
mile 2,650 $29.75 $78,837.50
Intersections Each 655 $5.00 $3,275.00
Callouts (Includes Special Events
and additional fall leaf season
cleanup) Minimum 2 hours Hours 150 $100.00 $15,000.00
Parking Lots Each 150 $50.00 $7,500.00
Totals $277,162.50
The above chart lists estimates for FY 2020-21, totaling $277,163. Assuming an average of 120 new curb
miles added annually, as well as a 3% CPI increase, a contract not to exceed amount for three years would
be approximately $867,500.
Year 1 $277,163
Year 2 $289,048
Year 3 $301,289
Total $867,500
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1 – June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance
Superintendent, or their designee. Any such annual increase shall be calculated based on the Bay Area
Consumer Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Note that quantities shown are projected amounts for Fiscal Year 2020-2021 and are not necessarily the
exact amount to be swept. Street Sweeping services will be paid for based on actual quantities of the unit of
measure of the associated bid item.
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.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as
work is completed.
Services Agreement between July 1, 2020
City of Dublin and Contract Sweeping Services Exhibit C – Page 1 of 1
EXHIBIT C
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a
potential conflict of interest with the work on this project. Consultant agrees that, for the term of this
agreement, no member, officer or employee of the City of Dublin, or a public body within Alameda County
or member of delegate to the Congress of the United States, during his/her tenure of for one year
thereafter, shall have any direct interest in the contacts or any direct or material benefit arising therefrom
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services, Inc. Page 1 of 15
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
UNIVERSAL BUILDING SERVICES AND SUPPLY CO.
THIS AGREEMENT for carpet cleaning and window services is made by and between the City of
Dublin (“City”) and Universal Building Services and Supply Co. (“Contractor”) (together sometimes referred
to as the “Parties”) as of July 1, 2020 (the “Effective Date”).
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 Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before 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 referenced 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 purchase, b) the price charged by the
Contractor for the provision of the serves 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.
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 Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
1.5 Reserved
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
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City of Dublin and Universal Building Services, Inc. Page 2 of 15
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION.City hereby agrees to pay Contractor a sum not to exceed TWO
HUNDRED FOURTY THOUSAND THREE HUNDRED EIGHTY-TWO DOLLARS ($240,382)
notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be
performed and reimbursable costs incurred 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 in writing, 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 estimated 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 performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement 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;
Daily logs of total hours worked by each individual performing work under this
Agreement
o Hours must be logged in increments of quarter hour
o If this Agreement covers multiple tasks or locations, all hours must also be
logged by task or location
o A brief description of the work
The Contractor’s signature;
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City of Dublin and Universal Building Services, Inc. Page 3 of 15
2.2 Monthly Payment.City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Reserved
2.4 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.
2.5 Hourly Fees.Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes.Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 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 and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 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.
2.10 Liquidated Damages.Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
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
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services, Inc. Page 4 of 15
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements.In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
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Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS.Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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. Consistent with the following provisions, 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, and that such insurance is in effect prior to beginning work.
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 to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements.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 $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these 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 California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
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4.1.2 Submittal Requirements.To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements.Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
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d. For any claims related to this Agreement or the work hereunder, 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.
4.2.4 Submittal Requirements.To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers.All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage.Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions.Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. 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,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
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4.3.5 Endorsement Requirements.Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors.Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 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 CONTRACTOR’S RESPONSIBILITIES.Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively,
“Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
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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.
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. This Agreement shall
not be construed as an agreement for employment. 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 Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. 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 Not an 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.
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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, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 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. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
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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. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance.All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
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9.2 Contractor’s Books and Records.Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
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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 Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 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 12 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 California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
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 California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 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.
10.8 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.
10.9 Notices.Any written notice to Contractor shall be sent to:
Universal Building Services and Supply, Co.
Att: Dario DeVincenzi
3120 Pierce Street
Richmond, CA 94804
Any written notice to City shall be sent to:
City of Dublin
Att: Dean McDonald
100 Civic Plaza
Dublin, CA 94568
10.10 Integration.This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Conflict of Interest Statement
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10.11 Counterparts.This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.12 Certification per Iran Contracting Act of 2010.In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN UNIVERSAL BUILDING SERVICES AND SUPPLY CO.
Linda Smith, City Manager Dario DeVincenzi, Operations Manager
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit A – Page 1 of 5
EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall provide qualified personnel, transportation and supplies necessary to perform carpet
cleaning services for eleven (11) City facilities and window cleaning services at eight (8) City facilities.
CARPET CLEANING SERVICES
LOCATION 1: Dublin Civic Center - 100 Civic Plaza
Schedule
Regional Meeting
Room
1,150sf
Area A
2,622sf
Area B
4,730sf
Area C
1,748sf
Council Chambers
Floor Only
500sf
Chamber Seating
Floor Only
2,000sf
July XX
August X X X X
September X X
October X X
November X X X
December X X
January XX
February XXXX X X
March X X
April X X
May XXX
June X X
Area A Includes:Administration Wing 1st floor main hallway, staircases, 2nd floor main hallways
(outside Finance and City Manager’s Office) and staircases.
Area B Includes: Internal corridors and traffic areas, Administration Wing.
Area C Includes:Old Police Wing.
LOCATION 2: Dublin Library – 200 Civic Plaza
Schedule Community Room
1,600sf
Main Library / Virginia Bennet Room
14,150sf
Program Room
575sf
July X
September X X X
November X
January XXX
March X
May XXX
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City of Dublin and Universal Building Services Exhibit A – Page 2 of 5
LOCATION 3: Senior Center - 7600 Amador Valley Boulevard
Schedule All Carpet Areas
4,405sf
July X
September X
November X
January X
March X
May X
LOCATION 4: Shannon Community Center – 11600 Shannon Avenue
Schedule Area A
7,610sf
Area B
1,035sf
July X
August X X
September X
October X X
November X
December X X
January X
February XX
March X
April X X
May X
June X X
Area A Includes: Ballroom 7,400 sf (must be cleaned using dry extraction), classroom, lobby and hallway.
Area B Includes: Offices.
LOCATION 5: Fire Station 16 - 7494 Donohue Drive
Schedule All Carpet Areas
2,260sf
Notes
April X Annual cleaning coordinated by staff with Contractor
LOCATION 6: Fire Station 17 – 6200 Madigan Avenue
Schedule All Carpet Areas
3,480sf
Notes
April X Annual cleaning coordinated by staff with Contractor
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City of Dublin and Universal Building Services Exhibit A – Page 3 of 5
LOCATION 7: Fire Station 18 – 4800 Fallon Road
Schedule All Carpet Areas
1,980sf
Notes
April X Annual cleaning coordinated by staff with Contractor
LOCATION 8: Heritage Center & Museum – 6600 Donlon Way
Schedule All Carpet Areas
600sf
Notes
October X Semi-Annual cleaning coordinated by staff with Contractor
May X Semi-Annual cleaning coordinated by staff with Contractor
LOCATION 9: The WAVE Aquatic Center – 4201 Central Pkwy
Schedule Area A
4,504sf
Area B
1,800sf
July X
August X X
September X
October X X
November X
December X X
January X
February XX
March X
April X X
May X
June X X
Area A Includes: Multi-purpose room, lobby and hallway.
Area B Includes: Offices.
LOCATION 10: Corporation Yard- 5709 Scarlett Court
Schedule All Carpet Areas
1,800sf
Notes
April X Annual cleaning coordinated by staff with Contractor
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City of Dublin and Universal Building Services Exhibit A – Page 4 of 5
LOCATION 11: Public Safety Complex (Police Services) – 6361 Clark Avenue
Schedule All Carpet Areas
12,055sf
Notes
October X Semi-Annual cleaning coordinated by staff with Contractor
May X Semi-Annual cleaning coordinated by staff with Contractor
WINDOW CLEANING SERVICES
LOCATION FREQUENCY
1. Civic Center – 100 Civic Center (Both Wings)
All exterior perimeter windows May & October
All interior windows, atrium & partition glass October
Lobbies (both wings) - Interior and exterior September & March
Atrium (hallway) – Exterior Upon Request
Atrium (hallway) – Interior Upon Request
2. Library – 200 Civic Center
All exterior perimeter windows -exterior only Feb, Jun, Sep, Dec
All interior windows & partition glass October
Atrium hi-bay circular windows October
Entrance lobby glass doors Feb, Jun, Sep, Dec
3. Shannon Community Center – 11600 Shannon Avenue
Perimeter windows - Exterior only Feb, Jun, Oct
Perimeter windows - Interior only June
Interior partitions and doors June
4. Dublin Senior Center – 7600 Amador Valley Boulevard
Perimeter windows - Exterior only April & October
Perimeter windows -Interior only October
5. Dublin Heritage Center – 6600 Donlon Way
Museum - Interior and exterior September
Church - Interior and exterior September
Kolb House - Interior and exterior September
School Barn - Interior and exterior September
Public Restroom Building - Interior and exterior September
Art Studio - Interior and exterior September
6. The WAVE Aquatic Park – 4201 Central Parkway
Perimeter windows - Exterior only May, Jun, Sep, Jan
Perimeter windows - Interior only May, Jun, Sep, Jan
Natatorium windows (second story) - Interior and exterior October & March
Lobby lower windows - Interior and exterior Upon Request
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit A – Page 5 of 5
CONTRACTOR REQUIREMENTS
1. Upon the City of Dublin’s request, the contractor shall provide Safety Data Sheets (SDS) for all
chemicals used for window cleaning.
2. Contractor shall provide all personnel, uniforms, tools, equipment, parts, records/logs, rags,
cleaning chemicals, etc., necessary to perform the services described. All other
materials/supplies required to perform this service, and not otherwise mentioned, shall be
provided by the Contractor at his/her expense.
3. Contractor shall adhere to all current state and local water use restrictions & regulations.
4. Window Cleaning shall be performed on site during regular business hours, between 8:00 AM
and 5:00 PM on weekdays, unless it causes a disruption to the City of Dublin employees or the
City’s ability to serve the community or presents a safety hazard/disruption to others.
5. Contractor shall be responsible for all damage which occurs to City property while performing
services, regardless of whether the damage is to an item(s) being cleaned or to other item(s) in
and around the unit where services are being performed.
6. Contractor is not allowed to subcontract work to a third party once a service contract
agreement has been approved.
7. Contractor is responsible for maintaining a safe work area while cleaning windows which
includes installing safety barricades and signs to warn the public.
CONTRACTOR PERSONNEL REQUIREMENTS
1. Contractor shall assign a sufficient number of trained & experienced employees to perform the
required service. Contractor shall designate one (1) employee as principal with full
responsibility for directing the entire crew. Each principal shall be authorized to act for the
Contractor in every detail.
2. Contractor shall furnish and require every on-duty employee to wear a company shirt or a
visible photo identification badge identifying employee by name.
3. All assigned personnel are subject to a criminal history records check performed using Live
Scan. Government fees are required for the State (DOJ) and Federal (FBI) level criminal
history record checks. Contractor is responsible for the fee to perform such records search. A
$45 application per personnel is required to perform a formal criminal history records check.
Should an employee not pass the criminal history records check; a refund will not be provided.
4. All assigned personnel must have all the proper safety training, and equipment operator
certificates to meet the minimum requirements of Cal OSHA.
7. Public Safety Complex (Police Services)– 6361 Clark Avenue
Perimeter windows - Exterior only June
Perimeter windows -Interior only June
8. Corporation Yard – 5709 Scarlett Court
Perimeter windows - Exterior only June
Perimeter windows -Interior only June
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit B – Page 1 of 5
EXHIBIT B
COMPENSATION SCHEDULE
CARPET CLEANING SERVICES
DUBLIN CIVIC CENTER - 100 CIVIC PLAZA
Schedule
Regional
Meeting
Room Area A Area B
Council
Chambers
Chamber
Seating Cost
July X X $566
August X X X $1,276
September X X $566
October X X $566
November X X X X $1,350
December X X $566
January X X $566
February X X X X $1,838
March X X $566
April X X $566
May X X X X $1,350
June X X $566
Area A Includes: Administration Wing 1
st Floor main hallway, staircases, upstairs main hallways (outside
Finance and City Manager’s Office), Parks Wing 1st Floor main hallway, staircases.
Area B Includes:Internal corridors and traffic areas, entire building.
Services to be completed on the 3rd Thursday of each month listed above with a start time of 6:00 pm.
DUBLIN LIBRARY – 200 CIVIC PLAZA
Schedule
Community
Room
Main Library /
Virginia Bennet
Room
Program
Room Cost
July X $240
September X X X $2,435
November X $240
January X X X $2,435
March X $240
May X X X $2,435
Services to be completed on the 4th Friday of each month listed above.
SENIOR CENTER - 7600 AMADOR VALLEY BOULEVARD
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit B – Page 2 of 5
Schedule All Carpet Areas Cost
July X $660
September X $660
November X $660
January X $660
March X $660
May X $660
Services to be completed on the 2nd Monday of each month listed above.
SHANNON COMMUNITY CENTER – 11600 SHANNON AVENUE
Schedule Area A Area B Cost
July X $1,142
August X X $1,298
September X $1,142
October X X $1,298
November X $1,142
December X X $1,298
January X $1,142
February X X $1,298
March X $1,142
April X X $1,298
May X $1,142
June X X $1,298
Area A Includes: Ballroom (with spot treatment at every cleaning), classroom, lobby and hallway.
Area B Includes: Offices.
Services to be completed on the 1st Monday of each month listed above.
FIRE STATION 16 - 7494 DONOHUE DRIVE*
Schedule All Carpet Areas Cost
April X $339
FIRE STATION 17 – 6200 MADIGAN AVENUE*
Schedule All Carpet Areas Cost
April X $522
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit B – Page 3 of 5
FIRE STATION 18 – 4800 FALLON ROAD*
Schedule All Carpet Areas Cost
April X $297
HERITAGE CENTER & MUSEUM – 6600 DONLON WAY*
Schedule All Carpet Areas Cost
October X $99
May X $99
PUBLIC SAFETY COMPLEX (POLICE SERVICES) – 6361 CLARK AVENUE*
Schedule All Carpet Areas Cost
October X $1,810
May X $1,810
THE WAVE AQUATIC CENTER – 4201 CENTRAL PARKWAY*
Schedule Area A
4,504sf
Area B
1,800sf
Cost
July X $558
August X X $828
September X $558
October X X $828
November X $558
December X X $828
January X $558
February X X $828
March X $558
April X X $828
May X $558
June X X $828
CORPORATION YARD – 5709 SCARLETT COURT*
Schedule All Carpet Areas Cost
October X $270
May X $270
*Cleanings at these locations shall be coordinated by staff with Contractor.
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit B – Page 4 of 5
WINDOW CLEANING SERVICES
LOCATION FREQUENCY PER VISIT ANNUAL
1. Civic Center – 100 Civic Center (Both Wings)
All exterior perimeter windows May & October $1,200 $2,400
All interior windows, atrium & partition glass October
$2,400 $2,400
Lobbies (both wings) - Interior and exterior September & March
$200 $400
Atrium (hallway) – Exterior Upon Request
$400
Atrium (hallway) – Interior Upon Request
$1,200
2. Library – 200 Civic Center
All exterior perimeter windows -exterior only Feb, Jun, Sep, Dec $600 $2,400
All interior windows & partition glass October
$800 $800
Atrium hi-bay circular windows October
$200 $200
Entrance lobby glass doors Feb, Jun, Sep, Dec
$100 $400
3. Shannon Community Center – 11600 Shannon Avenue
Perimeter windows - Exterior only Feb, Jun, Oct $500 $1,500
Perimeter windows - Interior only June $500 $500
Interior partitions and doors June
$100 $100
4. Dublin Senior Center – 7600 Amador Valley Boulevard
Perimeter windows - Exterior only April & October $300 $600
Perimeter windows -Interior only October $400 $400
5. Dublin Heritage Center – 6600 Donlon Way
Museum - Interior and exterior September
$250 $250
Church - Interior and exterior September
$100 $100
Kolb House - Interior and exterior September
$200 $200
School Barn - Interior and exterior September
$50 $50
Public Restroom Building - Interior and exterior September
$50 $50
Art Studio - Interior and exterior September
$200 $200
6. The WAVE Aquatic Park – 4201 Central Parkway
Perimeter windows - Exterior only May, Jun, Sep, Jan $800 $3,200
Perimeter windows - Interior only May, Jun, Sep, Jan $800 $3,200
Natatorium windows (second story) - Interior and
exterior October & March
$900 $1,800
Lobby lower windows - Interior and exterior Upon Request
$200
7. Public Safety Complex (Police Services)– 6361 Clark Avenue
Perimeter windows - Exterior only June $510 $510
Perimeter windows -Interior only June $500 $500
8. Corporation Yard – 5709 Scarlett Court
Perimeter windows - Exterior only June $50 $50
Perimeter windows -Interior only June $50 $50
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit B – Page 5 of 5
Window
Cleaning
Window
Contingency
Carpet
Cleaning
Carpet
Contingency
Annual
Total
Year 1 $24,060 $1,500 $50,799 $1,500 $77,859
Year 2 $24,782 $1,500 $52,323 $1,500 $80,105
Year 3 $25,525 $1,500 $53,893 $1,500 $82,418
Total $74,367 $4,500 $157,015 $4,500 $240,382
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1 – June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance
Superintendent, or their designee. Any such annual increase shall be calculated based on the Bay Area
Consumer Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as
work is completed.
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit C – Page 1 of 1
EXHIBIT C
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a
potential conflict of interest with the work on this project. Consultant agrees that, for the term of this
agreement, no member, officer or employee of the City of Dublin, or a public body within Alameda County
or member of delegate to the Congress of the United States, during his/her tenure of for one year
thereafter, shall have any direct interest in the contacts or any direct or material benefit arising therefrom
AMENDMENT #3 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BKF ENGINEERS
WHEREAS,on November 1, 2016, the City of Dublin (hereinafter referred
to as "CITY") and BKF Engineers (hereinafter referred to as " CONSULTANT ") entered
into a Consulting Services Agreement (hereinafter referred to as the “AGREEMENT”);
and
WHEREAS, on September 5, 2017, the City Council adopted Resolution
114-17 approving Amendment No. 1 to the Consulting Services Agreement for the
preparation of environmental documents; and
WHEREAS, on December 5, 2018, the CITY and CONSULTANT entered
into Amendment No. 2, extending the term through June 30, 2020; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to extend the term to June 30, 2021, and to modify sections 1.1, 6.1, and
7.5.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
a.Term of Services.The term of this AGREEMENT shall begin on the
Effective Date and shall end on June 30, 2021, the date of completion
specified in Exhibit A, and CONSULTANT shall complete the work
described in Exhibit A on or before that date, unless the term of the
AGREEMENT is otherwise terminated or extended, as provided for in
Section 8. The time provided to CONSULTANT to complete the services
required by this Agreement shall not affect the City’s right to terminate the
AGREEMENT, as referenced 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 CONSULTANT and the City
Manager, provided that: a) sufficient funds have been appropriated for such
purchase, b) the price charged by the CONSULTANT for the provision of
the serves 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.
2) Section 6.1 shall be rescinded in its entirety and replaced with the following:
a.Independent Contractor.At all times during the term of this Agreement,
CONSULTANT shall be an independent contractor and shall not be an
employee of City. This Agreement shall not be construed as an agreement
for employment. City shall have the right to control CONSULTANT only
insofar as the results of CONSULTANT’s services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which CONSULTANT accomplishes services rendered pursuant to this
Agreement. CONSULTANT further acknowledges that CONSULTANT
performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the CONSULTANT performs for the City
and has the option to perform such work for other entities. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to
the contrary, CONSULTANT 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.
3) Section 7.5 shall be rescinded in its entirety and replaced with the following:
a.Nondiscrimination and Equal Opportunity.CONSULTANT shall not
discriminate, on the basis of a person’s race, sex, gender, religion (including
religious dress and grooming practices), national origin, ancestry, physical
or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political
affiliation or belief, military/veteran status, or any other classification
protected by applicable local, state, or federal laws (each a “Protected
Characteristic”), 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 CONSULTANT under
this Agreement.
b. CONSULTANT shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
4) Except to the extent inconsistent with this Third Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the CONSULTANT pursuant
to the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it on
behalf of CONSULTANT each represent and warrant that they have the legal
power, right and actual authority to bind CONSULTANT to the terms and
conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: _______________ By: ________________________________
Linda Smith, City Manager
ATTEST:
By:
Marsha Moore, City Clerk
BKF ENGINEERS
Dated: By: _____________________________
Gordon C. Sweet, Vice President
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
DISABILITY ACCESS CONSULTANTS
WHEREAS,on June 4, 2019, the City of Dublin (hereinafter referred to as
"CITY") and Disability Access Consultants (hereinafter referred to as " CONSULTANT ")
entered into a Consulting Services Agreement (hereinafter referred to as the
“AGREEMENT”); and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to extend the term to June 30, 2021, and to modify sections 1.1, 6.1, 7.5
and 10.11 of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
a.Term of Services.The term of this AGREEMENT shall begin on the
Effective Date and shall end on June 30, 2021, the date of completion
specified in Exhibit A, and CONSULTANT shall complete the work
described in Exhibit A on or before that date, unless the term of the
AGREEMENT is otherwise terminated or extended, as provided for in
Section 8. The time provided to CONSULTANT to complete the services
required by this Agreement shall not affect the City’s right to terminate the
AGREEMENT, as referenced 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 CONSULTANT and the City
Manager, provided that: a) sufficient funds have been appropriated for such
purchase, b) the price charged by the CONSULTANT for the provision of
the serves 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.
2) Section 6.1 shall be rescinded in its entirety and replaced with the following:
a.Independent Contractor.At all times during the term of this Agreement,
CONSULTANT shall be an independent contractor and shall not be an
employee of City. This Agreement shall not be construed as an agreement
for employment. City shall have the right to control CONSULTANT only
insofar as the results of CONSULTANT’s services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which CONSULTANT accomplishes services rendered pursuant to this
Agreement. CONSULTANT further acknowledges that CONSULTANT
performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the CONSULTANT performs for the City
and has the option to perform such work for other entities. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to
the contrary, CONSULTANT 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.
3) Section 7.5 shall be rescinded in its entirety and replaced with the following:
a.Nondiscrimination and Equal Opportunity.CONSULTANT shall not
discriminate, on the basis of a person’s race, sex, gender, religion (including
religious dress and grooming practices), national origin, ancestry, physical
or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political
affiliation or belief, military/veteran status, or any other classification
protected by applicable local, state, or federal laws (each a “Protected
Characteristic”), 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 CONSULTANT under
this Agreement.
b. CONSULTANT shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
4) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the CONSULTANT pursuant
to the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it on
behalf of CONSULTANT each represent and warrant that they have the legal
power, right and actual authority to bind CONSULTANT to the terms and
conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: _______________ By: ________________________________
Linda Smith, City Manager
ATTEST:
By:
Marsha Moore, City Clerk
DISABILITY ACCESS CONSULTANTS
Dated: By: _____________________________
Tim Mahoney, General Manager
AMENDMENT #3 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND GEOSYNTEC CONSULTANTS
WHEREAS,on January 10, 2017, the City of Dublin (hereinafter referred to
as "CITY") and GEOSYNTEC (hereinafter referred to as " CONSULTANT ") entered into
a Consulting Services Agreement for Stormwater Resource and Green Infrastructure Plan
services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS,on September 5, 2017, the CITY and CONSULTANT amended
the AGREEMENT, extending the term through December 31, 2018; and
WHEREAS,on December 5, 2018, the CITY and CONSULTANT amended
the AGREEMENT to add scope, budget and extend the term though June 30, 2020; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to further extend the term to June 30, 2021, and to modify sections 1.1,
6.1, 7.5 and 10.12 of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
a.Term of Services.The term of this AGREEMENT shall begin on the
Effective Date and shall end on June 30, 2021, the date of completion
specified in Exhibit A, and CONSULTANT shall complete the work
described in Exhibit A on or before that date, unless the term of the
AGREEMENT is otherwise terminated or extended, as provided for in
Section 8. The time provided to CONSULTANT to complete the services
required by this Agreement shall not affect the City’s right to terminate the
AGREEMENT, as referenced 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 CONSULTANT and the City
Manager, provided that: a) sufficient funds have been appropriated for such
purchase, b) the price charged by the CONSULTANT for the provision of
the serves 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.
2) Section 6.1 shall be rescinded in its entirety and replaced with the following:
a.Independent Contractor.At all times during the term of this Agreement,
CONSULTANT shall be an independent contractor and shall not be an
employee of City. This Agreement shall not be construed as an agreement
for employment. City shall have the right to control CONSULTANT only
insofar as the results of CONSULTANT’s services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which CONSULTANT accomplishes services rendered pursuant to this
Agreement. CONSULTANT further acknowledges that CONSULTANT
performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the CONSULTANT performs for the City
and has the option to perform such work for other entities. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to
the contrary, CONSULTANT 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.
3) Section 7.5 shall be rescinded in its entirety and replaced with the following:
a.Nondiscrimination and Equal Opportunity.CONSULTANT shall not
discriminate, on the basis of a person’s race, sex, gender, religion (including
religious dress and grooming practices), national origin, ancestry, physical
or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political
affiliation or belief, military/veteran status, or any other classification
protected by applicable local, state, or federal laws (each a “Protected
Characteristic”), 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 Consultant under this
Agreement.
b. CONSULTANT shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
4) Section 10.12 shall be rescinded in its entirety and replaced with the following:
10.12 Integration. This Agreement, including Exhibits A and B to the
Agreement and Exhibits A and B to Amendment #3, represents the entire
and integrated agreement between City and Consultant and supersedes all
prior negotiations, representations, or agreements, either written or oral.
5) Except to the extent inconsistent with this Third Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
6) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage
for the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power,
right and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: _______________ By: ________________________________
Linda Smith, City Manager
ATTEST:
By:
Marsha Moore, City Clerk
GEOSYNTEC CONSULTANTS
Dated: By: _____________________________
Nancy Bice, Vice President
AMENDMENT #2 TO THE CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND RINCON CONSULTANTS, INC.
WHEREAS,on July 1, 2018, the City of Dublin (hereinafter referred to as "CITY")
and Rincon Consultants, Inc. (hereinafter referred to as "CONSULTANT”) entered into a
Consultant Services Agreement for assistance on the Climate Action Plan (CAP) update
(hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the term of said AGREEMENT was amended to extend the contract
expiration date from September 30, 2019 to June 30, 2020 ; and
WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT
to extend the term to June 30, 2021 and to modify sections 1.1 and 6.1 of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which
is hereby acknowledged, the Consultant Services Agreement is amended as follows:
1) Section 1.1:Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end on June 30, 2021, and Consultant shall complete the work
described in Exhibit A- REVISED 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
Consultant to complete the services required by this Agreement shall not affect the City’s
right to terminate the Agreement, as provided for in Section 4.
2) Section 6.1 shall be rescinded in its entirety and replaced with the following:
a.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. This Agreement shall not be construed as an agreement for employment.
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 Subsection 1.3; however, otherwise City shall not have
the right to control the means by which CONTRACTOR accomplishes services
rendered pursuant to this Agreement. CONTRACTOR further acknowledges that
CONTRACTOR performs Services outside the usual course of the Cit y’s business;
and is customarily engaged in an independently established trade, occupation, or
business of the same nature as the CONTRACTOR performs for the City and has
the option to perform such work for other entities. 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.
3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the Consulting Services Agreement.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for the
amended term, as described above.
5) The individuals executing this Amendment and the instruments referenced in it on behalf
of Consultant each represent and warrant that they have the legal power, right and
actual authority to bind Consultant to the terms and conditions of this Amendment.
-SIGNATURES ON FOLLOWING PAGE-
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Linda Smith,City Manager
ATTEST:
By:
Marsha Moore, City Clerk
RINCON CONSULTANTS, INC.
Dated: ___________________ By: __________________________
Joe Powers, AICP, Vice President
AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SURF 2 SNOW ENVIRONMENTAL RESOURCE MANAGEMENT
WHEREAS, on August 20, 2018, the City of Dublin (hereinafter referred to
as "CITY") and Surf 2 Snow Environmental Resource Management (hereinafter referred
to as " CONTRACTOR ") entered into a Contract Services Agreement (hereinafter
referred to as the “AGREEMENT”); and
WHEREAS, the CITY and CONTRACTOR now wish to amend the
AGREEMENT to extend the term to June 30, 2021 and increase the contract not-to-
exceed amount to $204,654, and to modify sections 1.1, 2.0, 6.1, 7.5 and 9.11 of the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
a. Term of Services. The term of this AGREEMENT shall begin on the
Effective Date and shall end on June 30, 2021, the date of completion
specified in Exhibit A, and CONTRACTOR shall complete the work
described in Exhibit A on or before 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 referenced 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
purchase, b) the price charged by the CONTRACTOR for the provision of
the serves 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.
2) Section 2.0 shall be rescinded in its entirety and replaced with the following:
Compensation. City hereby agrees to pay Contractor a sum not to exceed
TWO HUNDRED FOUR THOUSAND SIX HUNDRED FIFTY-FOUR
DOLLARS ($204,654), notwithstanding any contrary indications that may
be contained in Contractor’s proposal, for services to be performed and
reimbursable costs incurred 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 in
writing, 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 estimated
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.
3) Section 6.1 shall be rescinded in its entirety and replaced with the following:
a. 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. This Agreement shall not be construed as an agreement
for employment. 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 Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which CONTRACTOR accomplishes services rendered pursuant to this
Agreement. CONTRACTOR further acknowledges that CONTRACTOR
performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the CONTRACTOR performs for the City
and has the option to perform such work for other entities. 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.
4) Section 7.5 shall be rescinded in its entirety and replaced with the following:
a. Nondiscrimination and Equal Opportunity. CONTRACTOR shall not
discriminate, on the basis of a person’s race, sex, gender, religion (including
religious dress and grooming practices), national origin, ancestry, physical
or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political
affiliation or belief, military/veteran status, or any other classification
protected by applicable local, state, or federal laws (each a “Protected
Characteristic”), 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.
b. CONTRACTOR shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
5) Section 9.11 shall be rescinded in its entirety and replaced with the following:
10.12 Integration. This Agreement, including 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.
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
7) All requisite insurance policies to be maintained by the CONTRACTOR pursuant
to the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
8) The individuals executing this Amendment and the instruments referenced in it on
behalf of CONTRACTOR each represent and warrant that they have the legal
power, right and actual authority to bind CONTRACTOR to the terms and
conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: _______________ By: ________________________________
Linda Smith, City Manager
ATTEST:
By:
Marsha Moore, City Clerk
SURF 2 SNOW ENVIRONMENTAL RESOURCE MANAGEMENT
Dated: By: _____________________________
Elizabeth Frantz, Vice President
REQUEST FOR QUALIFICATIONS AND/OR PROPOSAL
ON-CALL LANDSCAPE ARCHITECT SERVICES; AND
DESIGN SERVICES FOR HERITAGE PARK AND MUSEUMS
City of Dublin
Proposals must be received by: APRIL 29, 2020
Nancy Nelson, Management Analyst
nancy.nelson@dublin.ca.gov
Overview
The City of Dublin adopted a Parks and Recreation Master Plan update in May of 2015 and is currently scheduled
to take a new update to City Council for approval Summer of 2020. The Master Plan provides direction for
addressing long-term recreational needs and changing population through buildout of the City. The plan contains
goals, long-term policies and standards to guide the City in th e acquisition, development and management of park
and recreation facilities.
The Parks and Recreation Master Plan includes standards for the following park and recreation facilities:
x Emerald Glen Park x Community Center
x Fallon Sports Park x Recreation Center
x Neighborhood Park/Square x The Wave Aquatic Center
x Historical Park x Senior Center
x Community Theater/Cultural Arts Center
Additionally the Master Plan includes park category standards for the following parks: Active Community Park;
Natural Community Park; Neighborhood Park; Neighborhood Square; and Downtown Plaza.
The City anticipates growth that will continue to increase to an expected population of 75,000 at build-out. It is
anticipated that the majority of the new park and recreation facilities will be located in the Eastern expansion
area.
Submission Format
Firms may submit for either Part A: On-Call Landscape Architect Services; Part B: Design Services for Heritage Park
and Museums; or submit a joint proposal for both parts A and B. If submitting for both, please do so as follows:
x Submit as one proposal/statement of qualification. Reviewers will consider required sections during their
review for each category.
x Please follow the section order in the Submittal Requirements section of this document.
x Please limit proposal to 16 pages.
Part A Project Description:
Below is a list of projects listed in the City’s Proposed Five-Year Capital Improvement Program 2020-2025. As of
yet, some future projects are unfunded and would be developed as funding becomes available. The proposed
projects would each involve a community outreach process and entail the development of conceptual plans and
construction documents.
x Dublin Pioneer Cemetery Renovation
x Wallis Ranch Community Park
x Downtown Square Park
x Iron Horse Nature Park
x Parks Playgrounds – Play Area Upgrades
x Jordan Ranch Neighborhood Square
Page 3 of 21
Considerations:
Work to be undertaken as part of each project may include, but is not limited to:
x Review of the Parks and Recreation Master Plan and other related planning documents.
x Evaluation of existing inventory of park and recreational facilities.
x Assessment and prioritization of recreational needs of the community.
x Review of Site topographic survey.
x Preparation of opportunities and constraints map of the site.
x Preparation of preliminary design alternatives for the site.
x Preparation of phasing plan for the park if needed, which identifies logical phases for
development of the park and designates the park and recreational amenities which will be
included in each phase.
x Preparation of cost estimates for the proposed project from conceptual design through
construction document preparation.
x Facilitation of public input processes including meetings with stakeholders, Parks and Community
Services Commission and City Council.
x Preparation of construction documents including plans and specifications in accordance with
local, state and federal codes and standards.
Part B Project Description:
Heritage Park and Museums is located at 6600 Donlon Way in Dublin, CA. The site is approximately ten
acres and includes Murray Schoolhouse, Pioneer Cemetery, Old St. Raymond’s Church, Kolb House
Museum, Sunday School Barn, Art Studio along with circulation, parking and expansive turfgrass and
landscape areas. The budget for construction is in the range of $750,000 - $1,000,000.
The proposed project entails the design elements shown in the attached plan. It is the City’s intent to
have the park under construction by the summer of 2021. Work to be undertaken as part of this project
includes, but is not limited to:
x Site visit, pre-design and design consultation with City Staff (two meetings).
x Preparation of 2-3 layouts for the program space and 2-3 pergola design options, to address
circulation, use, shade and other factors.
x Include a parallel parking layout along Donlon Way as part of the program space layout and pergola
design.
x Preparation of design development materials for memorial benches and paving, pervious paving,
plant palette and trash receptacles.
x Attend and present at both Parks and Community Services Commission and City Council Meetings.
(Please provide a cost estimate to for two presentations, listed as optional tasks).
x Provide topographic survey services.
x Preparation of construction documents at 50%, 90% and 100% submission.
x Preparation of technical specifications at 90% and 100% submission.
x Preparation of a cost estimate for preliminary alternatives, 50%, 90% and 100% construction
documents submission
x Bid period assistance including response to questions during bid period and issuance of addenda
as required.
Page 4 of 21
x Provide construction administration including attendance at kickoff meeting, five (5) progress
meetings, punch list walkthrough and preparation of punch list, final walkthrough, submittal
review, RFI’s and supplemental information as needed.
Process and General Conditions
1. Proposers shall submit an electronic copy to:
Nancy Nelson, Management Analyst
nancy.nelson@dublin.ca.gov
(925) 833-6630
Electronic copies shall be submitted by emailed PDF. It is highly preferred that proposals not be sent via
secured link and/or to a cloud-based storage requiring a profile and/or login.
2. Deadline for submitting the proposal is April 29, 2020, at 5:00 p.m.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in
anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each
proposal for Part A or Part B shall be limited to a maximum of 10 pages, double-sided, using
minimum 12-point font size. Page limit excludes a table of contents, tabbed dividers, and resumes
for Consultant’s team. When submitting for both Parts A and B, please limit your submission to
16 pages.
Schedule for RFP Process
April 9, 2020 Request for Proposals posted to City website
April 15, 2020 Deadline to submit questions to City of Dublin
April 20, 2020 Addendum posted, if required
April 29, 2020 Proposals are due no later than 4:00 PM on at the offices of the City of
Dublin, Public Works Department, 100 Civic Plaza, Dublin, CA 94568. Late
submittals will not be accepted.
May 6, 2020 Interview firms (optional)*
June 2, 2020 Consulting Services Agreement scheduled for approval by the Dublin City
Council.
(Tentative dates, subject to change)
*Interviews may be structured in Zoom or a similar platform, depending on state of Shelter-In-Place
orders.
Page 5 of 21
Submittal Requirements
PART A: Request for Qualifications for On-Call Landscape Architecture Services
PART B: Request for Proposals for Design Services for Heritage Park and Museums
Interested firms are requested to submit an electronic submittal as follows:
Parts A & B:
1. Enclose a cover letter not to exceed one page, describing firm's interest and commitment to
perform work necessary to provide consulting services. The person authorized by the firm to
negotiate a contract with the City of Dublin shall sign the cover letter.
2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific
qualifications and experience with engagements of similar scope, complexity and areas of
specialization or particular expertise as it relates to the types of projects shown in the City’s
proposed 2020-25 Capital Improvement Project list.
3. Provide at least three references (names and current phone nu mbers) from recent work (previous
five years) similar to the services outlined in this request for qualification. Please include a brief
description of the work performed and the role your firm performed. Listing references from the
City of Dublin staff will not count as part of the three required references.
4. List key staff members, including identification of the Principal-in-Charge and Project
Manager/primary point-of-contact who will work with the City on a regular basis Include an
organizational chart and resume of each individual. List each team member’s availability,
including all existing committed hours, and the ability of being able to complete projects within
time and budget provided.
5. Present proposed rate schedule for services. All rates may be increased annually, per the City’s
fiscal year (July 1 – June 30) and may not exceed 3%, and shall be tied to the CPI for Urban Wage
Earners and Clerical Workers (CPI-W) for San Francisco-Oakland-Hayward, CA.
6. Provide a Conflict of Interest statement, as identified in the Conflict of Interest section.
7. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and
insurance requirements. Exceptions to these documents shall be specifically noted in the
submittal.
Part B only:
8. Propose firm’s timeline and method of approach for completing this project.
9. Provide a project budget for design services for Heritage Park and Museums.
Proposal submitted after the stated deadline will not be accepted for consideration.
Page 6 of 21
Standard Consulting Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be
performed on a time and materials fee basis for a specified scope of work. The term of the agreement will
begin July 1, 2020.
A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is
provided as Attachment A.
If the interested firm desires to take exception to the Agreement and/or insurance requirements, the
interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these
changes, which shall be included in the qualification. Exceptions will be taken into consideration in
evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and
insurance requirements are acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal.
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin,
or of a public body within Alameda County or member or delegate to the Congress of the United States,
during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any
direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This
must include, but is not limited to, a list of your firm’s clie nts who are the following: Private clients located
or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks
and/or the County of Alameda, and a brief description of work for these clients. Proposers must also
identify any other clients (including public entities), that may pose a potential conflict of interest, as well
as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as
well as current and future commitments to other projects.
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.
Equal Employment Opportunity
Proposer shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious
dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political affiliation or belief,
military/veteran status, or any other classification protected by applicable local, state, or federal laws
(each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor,
Page 7 of 21
bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided
by Consultant under this Agreement.
Governing Law
This RFQ summarizes the applicable laws and governance, when in conflict applicable State/Federal
guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and
construed in accordance with the laws of the State of California.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s
requirements:
General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Professional Liability Insurance $2,000,000
Workers’ Compensation Insurance $1,000,000
References
Contractor must include three (3) references for which the company has provided services similar to those
described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number,
and Term of the Contract. Listing references from the City of Dublin staff will not count as part of the
three required references.
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by
City Staff will evaluate proposals provided in response to this RFQ. The subcommittee will use a forced
ranking process. Informal interviews may be conducted by City staff, and may include more than one firm
that has submitted a Proposal.
Based on input from this review process, a recommendation will be made to the City Manager. The City
Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the
requirements of the RFQ. The City reserves the right to reject any and all Proposals prior to execution of
the Agreement, with no penalty to the City.
Selection of Consultant
Submitted Proposals will be evaluated and scored using the following criteria:
x Qualifications and specific experience of key project team members.
x Quality and completeness of the proposal.
x Experience with community input process
x Quality of completed work of similar scope and complexity.
x Satisfaction of previous clients.
Page 8 of 21
Attachment A
Standard Consulting Services Agreement
ZĞŵŽǀĞĞdžŝƐƚŝŶŐƉŝĐŶŝĐĂƌĞĂZĞŵŽǀĞŝŵƉƌŽǀĞŵĞŶƚƐƚŽƉĂǀŝŶŐĚĚƌĂŵƉƚŽ,ĂLJĂƌŶĞŶĐŚĞƐƚŽďĞŵĞŵŽƌŝĂůƐ;ƚLJƉͿWĂǀĞƌƐƚŽďĞŵĞŵŽƌŝĂůƐ;ƚLJƉͿZĞƉůĂĐĞďŽůůĂƌĚƐĚĚƉĂƌĂůůĞůƉĂƌŬŝŶŐ džƚĞŶĚƐŝĚĞǁĂůŬĐƵƌďĂŶĚŐƵƚƚĞƌĞƚĞƌŵŝŶĞŝĨƐƚĂůůŝƐŶĞĞĚĞĚĚĚĞůĞĐƚƌŝĐĂůŽƵƚůĞƚƐƚŽƉƌŽŐƌĂŵƐƉĂĐĞWĂƌŬŝŶŐůŽƚͲ ƐůƵƌƌLJƐĞĂů͕ƌĞƐƚƌŝƉŝŶŐ͕ƌĞƐĞƚƚŝŶŐŽĨƌĂŝůƌŽĂĚƚŝĞƐĂŶĚǁŚĞĞůƐƚŽƉƐŝƚLJ ǁŝůů ƉƌŽǀŝĚĞ ĂŶƌďŽƌŝƐƚZĞƉŽƌƚŽŶǁŚŝĐŚ ƚƌĞĞƐ ǁŝůů ŶĞĞĚƚŽ ďĞ ƌĞƉůĂĐĞĚĂƐƉĂƌƚŽĨƉƌŽũĞĐƚ͘,ĞƌŝƚĂŐĞWĂƌŬĂŶĚDƵƐĞƵŵƐͲ WƌŽƉŽƐĞĚ^ĐŽƉĞŽĨtŽƌŬĨŽƌ/ŵƉƌŽǀĞŵĞŶƚƐ
REQUEST FOR PROPOSALS
2020 Street Sweeping Services
City of Dublin
Proposals must be received by: 4:00 PM on Monday, April 27, 2020
Laura Borjon, Administrative Aide
City of Dublin Public Works Department
100 Civic Plaza
City of Dublin, CA 94568
Request for Proposal
For
Street Sweeping Services
Overview
The City of Dublin is requesting proposals to provide street sweeping services. Services include residential,
commercial, parking lot, special event, and emergency call-out sweeping services. The required services
are detailed in Attachment A, Scope of Services.
Process and General Conditions
1. Proposers shall submit four (4) original proposals and one electronic copy to:
Ms. Laura Borjon
Administrative Aide
100 Civic Plaza
Dublin, CA 94568
laura.borjon@dublin.ca.gov
Electronic copies shall be submitted by emailed PDF, on CD or USB flash drive, hardcopies (4) must be
mailed to the address listed above.
2. Deadline for submitting the proposal is Monday, April 27, 2020, at 4:00 p.m. to the Public Works
Department at 100 Civic Plaza, Dublin, CA 94568. Postmarks will not be accepted.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in
anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each
proposal shall be limited to a maximum of 10 pages, single-sided, using minimum 12-point font
size. Page limit excludes a table of contents, tabbed dividers, and resumes for Contractor’s team.
Schedule for RFP Process
Wednesday, April 8, 2020 Request for Proposals posted to City website
Friday, April 17, 2020 Deadline to submit questions to City of Dublin
Monday, April 20, 2020 Addendum posted, if required
Monday, April 27, 2020 Proposals are due no later than 4:00 PM at the offices of the City of
Dublin, Public Works Department, 100 Civic Plaza, Dublin, CA 94568. Late
submittals will not be accepted.
Tuesday, May 19, 2020 Contractor Services Agreement scheduled for approval by the Dublin City
Council.
(Tentative dates, subject to change)
RFP Submittal Requirements
Please prepare and organize your Proposal based on the requirements provided below. Any other
information you would like to include should be placed in a separated section at the back of your Proposal.
Please note however that the RFP submittal is limited to 10 pages maximum single-sided (excluding
resumes) and should be submitted on 8 ½ x 11 paper, in 12-point font. Page limit excludes a table of
contents, tabbed dividers, and resumes for Contractor’s team.
Interested companies are requested to submit four (4) stapled, and one electronic copy of their Proposal
as follows:
1. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to
perform work necessary to provide consulting services for a preliminary engineering study. The
person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover
letter. Please include this cover letter within document and not as a separate page.
2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific
qualifications and experience with engagements of similar scope and complexity.
3. Provide at least three references (names and current phone nu mbers) from recent work (previous
five years) similar to the services outlined in this request for proposals. Please include a brief
description of the work performed.
4. List key staff members, includ ing identification of the primary point-of-contact. Include each team
member’s availability, including all existing committed hours, and the ability of being able to
complete the work in time and budget.
5. Provide a proposed sweeping schedule.
6. Present proposed project budget, to include a compensation schedule for services attached
herein as Attachment B and include with the proposal by the submission deadline.
7. Provide confirmation of your company’s ability to meet the City’s Standard Contractor Services
Agreement and insurance requirements attached herein as Attachment C. Exceptions to the
Agreement and insurance requirements shall be specifically noted in the Proposal.
Post-marked packages dated on the specified proposal due date will NOT be accepted. Any Proposal
submitted after the stated deadline will not be accepted for consideration.
Standard Contractor Services Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be
performed on a time and materials fee basis for a specified scope of work. The term of the agreement will
begin July 1, 2020.
A sample of the City’s Standard Contractor Services Agreement (Agreement), including insurance
requirements, is provided as Attachment C.
If the interested company desires to take exception to the Agreement and/or insurance requirements,
the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for
these changes, which shall be included in the proposal. Exceptions will be taken into consideration in
evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and
insurance requirements are acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal.
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin,
or of a public body within Alameda County or member or delegate to the Congress of the United States,
during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any
direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This
must include, but is not limited to, a list of your firm’s clie nts who are the following: Private clients located
or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks
and/or the County of Alameda, and a brief description of work for these clients. Proposers must also
identify any other clients (including public entities), that may pose a potential conflict of interest, as well
as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFP as
well as current and future commitments to other projects.
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.
Equal Employment Opportunity
Proposer shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious
dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political affiliation or belief,
military/veteran status, or any other classification protected by applicable local, state, or federal laws
(each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor,
bidder for a subcontract, layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship, or participant in, recipient of, or applicant for any services or
programs provided by Contractor under this Agreement. In the event of Proposer non-compliance, the
City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be
declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are
treated during their employment, without regard to any Protected Characteristic. Such action shall
include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
Proposer and its sub-contractors shall post in conspicuous places, available to all employees and
applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. §
2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR
Parts 60 et seq.].
Governing Law
This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal
guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and
construed in accordance with the laws of the State of California.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s
requirements:
General Liability Insurance $2,000,000
Automobile Liability Insurance $2,000,000
Workers’ Compensation Insurance $1,000,000
References
Contractor must include three (3) references for which the company has provided services like those
described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number,
and Term of the Contract.
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by
City Staff will evaluate proposals provided in response to this RFP.
Based on input from this review process, a recommendation will be made to the City Manager. The City
Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the contractor that the City feels best meets the
requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of
the Agreement, with no penalty to the City.
Selection of Contractor
Submitted Proposals will be evaluated and scored using the following criteria:
x Responsiveness to the Request for Proposal questions.
x Experience of the company.
x Experience and qualifications of the assigned individuals.
x Satisfaction of previous clients.
Attachment A
Scope of Services
Contractor shall provide City with street sweeping services for residential and commercial streets,
intersections, parking lots, as well as emergency callout service.
SWEEPING CATEGORIES 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 and Central Parkway. These commercial streets shall
be swept at a time agreed upon by City, as to avoid noise complaints from adjacent residents.
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:
x Altamirano Avenue (Arnold Road to BART parking lot)
x Amador Plaza Road (Amador Valley Boulevard to southerly end)
x Amador Valley Boulevard (Village Parkway to westerly end)
x Arnold Road (Altamirano Avenue to Gleason Drive)
x Campbell Lane (Dublin Boulevard to Demarcus Boulevard)
x Clark Avenue (Village Parkway to Dublin Boulevard)
x Demarcus Boulevard (Iron Horse Parkway to Dublin Boulevard)
x Dougherty Road (I-580 to Northerly City Limit, including a pass through the painted
median areas)
x Dublin Boulevard. (Schaefer Ranch Road to Fallon Road)
x Fallon Road (Tassajara Road to I-580)
x Gleason Drive (Arnold Road to Fallon Road)
x Golden Gate Drive (Dublin Boulevard to southerly end)
x Hacienda Drive (I-580 to Gleason Drive)
x Iron Horse Parkway (Demarcus Boulevard to Dublin Boulevard)
x John Monego Court (Dublin Boulevard to southerly end)
x Lewis Avenue (Village Parkway to Portage Road)
x Martinelli Way (Hacienda Drive to Iron Horse Parkway)
x Regional Street (Amador Valley Boulevard to south end)
x Saint Patrick Way (Amador Plaza Road to Golden Gate Drive)
x San Ramon Road (I-580 to Alcosta Boulevard)
x Scarlett Court (Dublin Boulevard to east end)
x Scarlett Drive (Dublin Boulevard to Scarlett Court)
x Tassajara Road (I-580 to Cydonia Court)
x 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.
RESIDENTIAL STREETS: The City is divided into seven 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. Residential sweeping shall commence no earlier than 8 a.m. so to avoid
noise complaints from adjacent residents, except for streets located adjacent to identified schools which
require sweeping at 6 a.m.
The City may agree to modify sweeping zones provided the following conditions:
x To allow for the addition of new street segments as accepted by the City (City will provide list in
writing, as needed)
x 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 Superintendent, 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, paying special attention to
areas of gravel and debris accumulated between through lanes and turn lanes:
x Dublin Boulevard/San Ramon Road
x Dublin Boulevard/Regional Street
x Dublin Boulevard/Golden Gate Drive
x Dublin Boulevard/Amador Plaza Road
x Dublin Boulevard/Village Parkway
x Dublin Boulevard/Dublin Court
x Dublin Boulevard/Sierra Court
x Dublin Boulevard/Dougherty Road
x Dublin Boulevard/Demarcus Boulevard
x Dublin Boulevard/Iron Horse Parkway
x Dublin Boulevard/Arnold Road
x Dublin Boulevard/Hacienda Drive
x Dublin Boulevard/Tassajara Road
x Dublin Boulevard/Fallon Road
x Amador Valley Blvd./San Ramon Road
x Amador Valley Blvd./Regional Street
x Amador Valley Blvd./Village Parkway
x Amador Valley Blvd./Amador Plaza
Road
x Amador Valley Blvd./Dougherty Road
x Dougherty Road/Sierra Lane
x Gleason Drive/Hacienda Drive
x Gleason Drive/Tassajara Road
x Gleason Drive/Fallon Road
x Central Parkway/Hacienda Drive
x Central Parkway/Tassajara Road
x Central Parkway/Fallon Road
x Hacienda Drive/Martinelli Way
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 completed no earlier than
8 a.m. to avoid noise complaints from adjacent residents. Changes to sweeping days and times for all
parking lots shall be approved by the Public Works Maintenance Superintendent, or their designee.
x Civic Center - 100 Civic Plaza
x Shannon Park/Community Center - 11600 Shannon Avenue
x Alamo Creek Park - Dougherty Road and Willow Creek Drive
x Dublin Sports Grounds - Dublin Boulevard next to Civic Center Plaza
x Emerald Glen Park, Gleason Drive at Tassajara Road (3 parking lots, one on Gleason Drive and
two on Central Parkway)
x Senior Center, 7600 Amador Valley Boulevard
x Dublin Heritage Park 11805 Dublin Boulevard (2 parking lots, one at Heritage Park, one at bank
parking lot on Dublin Boulevard
x Dougherty Hills Dog Park – Amador Valley Boulevard east of Stagecoach Road
x Fallon Sports Park (2 parking lots, one on Palermo Way, east of Lockhart Street and one on
Central Parkway)
x Public Safety Complex (2 parking lots, one at 6361 Clark Avenue and one at 6363 Clark Avenue)
EMERGENCY CALLOUTS: Contractor shall provide a 24-hour telephone number and/or a list of
employees, including mobile telephone 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 Compensation Schedule. After hours is defined as the
hours between 5pm and 7am.
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.
REPORT SUBMITTAL: Contractor shall submit a report with Global Positioning System (GPS) information
for completed routes within the billing dates for each monthly invoice. Contractor shall submit an
annual report, at fiscal yearend, of total curb miles serviced within the fiscal year.
If Contractor identifies a need for increased frequency, miles swept or altered callout hours, Contractor
shall submit a proposal to the Public Works Maintenance Superintendent, 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, as determined by the Public Works
Maintenance Superintendent, or their designee. The additional cost for sweeping these streets shall be
based upon the per mile cost detailed 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 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 no later than thirty days 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 Superintendent, 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 Superintendent, or their designee. If
containers are used, they shall be dumped upon completion of the sweeping cycle. Disposal cost is the
sole responsibility of the Contractor.
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. Contractor shall report gallons of water used
per route as part of the monthly invoice reporting. Contractor shall, at no time, complete routes
without refill of water reservoir.
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.
Contractor shall deploy at a minimum, one vehicle with a back-brush each service day. 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 Superintendent, or their designee as soon as possible upon request.
OBSTRUCTIONS: Contractor shall make all possible effort to avoid obstacles while completing a
thorough sweep of streets. It is the responsibility of Contractor to replace and/or repair damaged assets
within Public Right-of-Way. Contractor shall notify City of issues of concern where obstructions are in
the way of completing work.
HANDLING OF CUSTOMER COMPLAINTS: Contractor, at the direction of City, shall reach out to residents
to address complaints within the same business day reported. Contractor shall follow up with City to
report on any and all resolutions to complaints and concerns.
PERFORMANCE: If at any time City feels the performance of Contractor is not meeting the needs of its
residents and business community, City shall work with account representative or bring this to the
attention of the Company President for immediate resolution.
Attachment B
Compensation Schedule
Annual Street Sweeping Quantities
Item description Unit
Estimated
Quantity Unit Price Total Price
Residential Street Sweeping (2x monthly) Curb mile 5800
Commercial Street Sweeping (2x monthly
except for Nov and Dec which are 4x
monthly) Curb mile 2650
Intersections Each 655
Callouts (Includes Special Events and
additional fall leaf season cleanup) Hours 150
Parking Lots Each 150
Indicate if there are to be any proposed increases to costs for the length of the contract.
Note that quantities shown are projected amounts for 2020-2021 and are not necessarily the exact
amount to be swept. Street sweeping services will be paid for based on actual quantities of the unit of
measure of the associated bid item.
If the callout rate assumes a minimum number of hours, please indicate the minimum hours. If no
minimum is listed, a one hour minimum will be assumed.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and
as work is completed.
REQUEST FOR PROPOSALS
2020 Carpet Cleaning Services
City of Dublin
Proposals must be received by: 4:00 PM on April 29, 2020
Laura Borjon, Administrative Aide
City of Dublin Public Works Department
(925) 833-6630
Request for Proposal
For
Carpet Cleaning Services
Overview
The purpose of this Request for Proposals (RFP) is to receive responses from qualified companies to
perform carpet cleaning on a scheduled basis, as identified in Exhibit A, “Scope of Work”.
The City of Dublin is requesting prices for carpet cleaning services at the following City facilities:
1. Dublin Civic Center (Both Wings) - 100 Civic Plaza
2. Dublin Library – 200 Civic Plaza
3. Dublin Senior Center - 7600 Amador Valley Boulevard
4. Shannon Community Center – 11600 Shannon Avenue
5. Fire Station 16 – 7494 Donohue Drive
6. Fire Station 17 – 6200 Madigan Avenue
7. Fire Station 18 – 4800 Fallon Road
8. Heritage Center & Museum – 6600 Donlon Way
9. Public Safety Complex – 6363 Clark Avenue
10. The WAVE Aquatic Park – 4201 Central Parkway
11. Corporation Yard – 5709 Scarlett Court
Process and General Conditions
1. Proposers shall submit an electronic copy to:
Ms. Laura Borjon
Administrative Aide
laura.borjon@dublin.ca.gov
Electronic copies shall be submitted by emailed to the email address listed above.
2. Deadline for submitting the proposal is April 29, 2020, at 4:00 p.m.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in
anticipation of a contract. The format of submittals is at the discretion of the Proposer.
4. Each proposal shall be limited to a maximum of 10 pages, using minimum 12-point font size. Page
limit excludes a table of contents, tabbed dividers, and resumes for Contractor’s team.
Schedule for RFP Process
Thursday, April 9, 2020 Request for Proposals posted to City website
Friday, April 17, 2020 Deadline to submit questions to City of Dublin
Monday, April 20, 2020 Addendum posted, if required
Wednesday, April 29, 2020 Proposals are due no later than 4:00 PM at the offices of the City of
Dublin, Public Works Department, 100 Civic Plaza, Dublin, CA 94568. Late
submittals will not be accepted.
Tuesday, June 2, 2020 Contractor Services Agreement scheduled for approval by the Dublin City
Council.
(Tentative dates, subject to change)
RFP Submittal Requirements
Please prepare and organize your proposal based on the requirements provided below. Any other
information you would like to include should be placed in a separated section at the back of your Proposal.
Please note however that the RFP submittal is limited to 10 pages maximum (excluding resumes) in 12-
point font. Page limit excludes a table of contents, tabbed dividers, and resumes for Contractor’s team.
Interested companies are requested to submit an electronic copy of their Proposal as follows:
1. Enclose a cover letter not to exceed one page, describing the company’s interest and commitment
to perform work necessary to provide contracted mat and towel services. The person authorized
by the company to negotiate a contract with the City of Dublin shall sign the cover letter. Please
include this cover letter within document and not as a separate page.
2. State the qualifications and experience of the company/individual(s). Please emphasize the
specific qualifications and experience with engagements of similar scope and complexity.
3. Provide at least three references (names and current phone numbers) from recent work (previous
five years) like the services outlined in this request for proposals.
4. List key staff members, including identification of the Project Manager/primary point-of-contact.
5. Provide a proposed service schedule.
6. Present proposed compensation rate schedule for services.
7. Provide confirmation of your company’s ability to meet the City’s Standard Contractor Services
Agreement and insurance requirements. Exceptions to the Agreement and insurance
requirements shall be specifically noted in the Proposal.
Any Proposal submitted after the stated deadline will not be accepted for consideration.
Standard Contractor Services Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be
performed on a time and materials fee basis for a specified scope of work. The term of the agreement will
begin July 1, 2020.
A sample of the City’s Standard Contractor Services Agreement (Agreement), including insurance
requirements, is provided as Attachment C.
If the interested company desires to take exception to the Agreement and/or insurance requirements,
the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for
these changes, which shall be included in the proposal. Exceptions will be taken into consideration in
evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and
insurance requirements are acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal.
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin,
or of a public body within Alameda County or member or delegate to the Congress of the United States,
during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any
direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This
must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located
or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks
and/or the County of Alameda, and a brief description of work for these clients. Proposers must also
identify any other clients (including public entities), that may pose a potential conflict of interest, as well
as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFP as
well as current and future commitments to other projects.
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.
Equal Employment Opportunity
Proposer shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious
dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political affiliation or belief,
military/veteran status, or any other classification protected by applicable local, state, or federal laws
(each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor,
bidder for a subcontract, layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship, or participant in, recipient of, or applicant for any services or
programs provided by Contractor under this Agreement. In the event of Proposer non-compliance, the
City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be
declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are
treated during their employment, without regard to any Protected Characteristic. Such action shall
include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
Proposer and its sub-contractors shall post in conspicuous places, available to all employees and
applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. §
2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR
Parts 60 et seq.].
Governing Law
This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal
guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and
construed in accordance with the laws of the State of California.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s
requirements:
General Liability Insurance $2,000,000
Automobile Liability Insurance $2,000,000
Workers’ Compensation Insurance $1,000,000
References
Contractor must include three (3) references for which the company has provided services like those
described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number,
and Term of the Contract.
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by
City Staff will evaluate proposals provided in response to this RFP.
Based on input from this review process, a recommendation will be made to the City Manager. The City
Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the contractor that the City feels best meets the
requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of
the Agreement, with no penalty to the City.
Selection of Contractor
Submitted Proposals will be evaluated and scored using the following criteria:
x Quality and completeness of Proposal.
x Experience of the company.
x Experience and qualifications of the assigned individuals.
x Satisfaction of previous clients.
x Cost of providing services.
Attachment A
Scope of Services
The City of Dublin is soliciting quotes from Contractors who ca n provide qualified personnel,
transportation and supplies necessary to perform carpet cleaning services for the following City
facilities:
DUBLIN CIVIC CENTER - 100 CIVIC PLAZA
Schedule
Regional
Meeting
Room
Area A
Area B
Council
Chambers
Chamber
Seating
July X
August X X X X
September X X
October X X
November X X X
December X X
January X X
February X X X X X
March X X
April X X X
May X X
June X X
Area A Includes: Administration Wing 1st Floor main hallway, staircases, upstairs main
hallways (outside Finance and City Manager’s Office), Parks Wing 1st Floor main hallway,
staircases.
Area B Includes: Internal corridors and traffic areas, entire building.
Services to be completed on the 3rd Thursday of each month listed above except for holidays
with a start time of 6:00 pm.
DUBLIN LIBRARY – 200 CIVIC PLAZA
Schedule Community
Room
Main Library /
Virginia Bennet
Room
Program
Room
July X
September X X X
November X
January X X X
March X
May X X X
Services to be completed on the 4th Friday of each month listed above.
SENIOR CENTER - 7600 AMADOR VALLEY BOULEVARD
Schedule All Carpet Areas
July X
September X
November X
January X
March X
May X
Services to be completed on the 2nd Friday of each month listed above with a start time of
5:00pm.
SHANNON COMMUNITY CENTER – 11600 SHANNON AVENUE
Schedule Area A Area B
July X
August X X
September X
October X X
November X
December X X
January X
February X X
March X
April X X
May X
June X X
Area A Includes: Ballroom (with spot treatment at every cleaning), classroom, lobby and
hallway.
Area B Includes: Offices.
Services to be completed on the 4th Monday of each month listed above with a start time of
5:00pm.
FIRE STATION 16 - 7494 DONOHUE DRIVE*
Schedule All Carpet Areas
April X
FIRE STATION 17 – 6200 MADIGAN AVENUE*
Schedule All Carpet Areas
April X
FIRE STATION 18 – 4800 FALLON ROAD*
Schedule All Carpet Areas
April X
HERITAGE CENTER & MUSEUM – 6600 DONLON WAY*
Schedule All Carpet Areas
October X
May X
PUBLIC SAFETY COMPLEX (POLICE SERVICES) – 6361 CLARK AVENUE*
Schedule All Carpet Areas
October X
May X
THE WAVE AQUATIC CENTER – 4201 CENTRAL PARKWAY*
Schedule All Carpet Areas
May X
June X
January X
CORPORATION YARD – 5709 SCARLETT COURT*
Schedule All Carpet Areas
October
May X
* Cleanings at these locations shall be coordinated by staff with Contractor.
Attachment B
Compensation Schedule
DUBLIN CIVIC CENTER - 100 CIVIC PLAZA
Schedule
Regional
Meeting
Room
Area A
Area B
Council
Chambers
Chamber
Seating Cost
July X X
August X X X
September X X
October X X
November X X X X
December X X
January X X
February X X X X
March X X
April X X
May X X X X
June X X
Area A Includes: Administration Wing 1st Floor main hallway, staircases, upstairs main
hallways (outside Finance and City Manager’s Office), Parks Wing 1st Floor main hallway,
staircases.
Area B Includes: Internal corridors and traffic areas, entire building.
Services to be completed on the 3rd Thursday of each month listed above with a start time of
6:00 pm.
DUBLIN LIBRARY – 200 CIVIC PLAZA
Schedule
Community
Room
Main Library /
Virginia Bennet
Room
Program
Room Cost
July X
September X X X
November X
January X X X
March X
May X X X
Services to be completed on the 4th Friday of each month listed above.
SENIOR CENTER - 7600 AMADOR VALLEY BOULEVARD
Schedule All Carpet Areas Cost
July X
September X
November X
January X
March X
May X
Services to be completed on the 2nd Monday of each month listed above.
SHANNON COMMUNITY CENTER – 11600 SHANNON AVENUE
Schedule Area A Area B Cost
July X
August X X
September X
October X X
November X
December X X
January X
February X X
March X
April X X
May X
June X X
Area A Includes: Ballroom (with spot treatment at every cleaning), classroom, lobby and
hallway.
Area B Includes: Offices.
Services to be completed on the 1st Monday of each month listed above.
FIRE STATION 16 - 7494 DONOHUE DRIVE*
Schedule All Carpet Areas Cost
April X
FIRE STATION 17 – 6200 MADIGAN AVENUE*
Schedule All Carpet Areas Cost
April X
FIRE STATION 18 – 4800 FALLON ROAD*
Schedule All Carpet Areas Cost
April X
HERITAGE CENTER & MUSEUM – 6600 DONLON WAY*
Schedule All Carpet Areas Cost
October X
May X
PUBLIC SAFETY COMPLEX (POLICE SERVICES) – 6361 CLARK AVENUE*
Schedule All Carpet Areas Cost
October X
May X
THE WAVE AQUATIC CENTER – 4201 CENTRAL PARKWAY*
Schedule Community Room Cost
January
May X
May X
CORPORATION YARD – 5709 SCARLETT COURT*
Schedule All Carpet Areas Cost
October X
May X
*Cleanings at these locations shall be coordinated by staff with Contractor.
Indicate if there are to be any proposed increases to costs for the length of the contract.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and
as work is completed.
REQUEST FOR PROPOSALS
Window Cleaning Services
City of Dublin
Proposals must be received by: 4:00 PM on Wednesday, April 29, 2020
Laura Borjon, Administrative Aide
City of Dublin Public Works Department
(925) 833-6630
Request for Proposal
For
Window Cleaning Services
Overview
The purpose of this Request for Proposals (RFP) is to receive responses from qualified companies to
provide window cleaning services on a scheduled basis, as identified in Exhibit A, “Scope of Work” at the
following City facilities:
1. Dublin Civic Center (Both Wings) - 100 Civic Plaza
2. Senior Center - 7600 Amador Valley Boulevard
3. Shannon Community Center – 11600 Shannon Avenue
4. Corporation Yard – 5709 Scarlett Court
5. The WAVE Aquatic Park – 4201 Central Parkway
6. Public Safety Complex (Police Services) – 6361 Clark Avenue
7. Dublin Library – 200 Civic Plaza
Process and General Conditions
1. Proposers shall submit an electronic copy to:
Ms. Laura Borjon
Administrative Aide
laura.borjon@dublin.ca.gov
2. Deadline for submitting the proposal is Wednesday, April 29, 2020.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in
anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each
proposal shall be limited to a maximum of 10 pages, using minimum 12-point font size. Page limit
excludes a table of contents, tabbed dividers, and resumes for Contractor’s team.
Schedule for RFP Process
Thursday, April 9, 2020 Request for Proposals posted to City website
Friday, April 17, 2020 Deadline to submit questions to City of Dublin
Monday, April 20, 2020 Addendum posted, if required
Wednesday, April 29, 2020 Proposals are due no later than 4:00 PM at the offices of the City of
Dublin, Public Works Department, 100 Civic Plaza, Dublin, CA 94568. Late
submittals will not be accepted.
Tuesday, June 2, 2020 Contractor Services Agreement scheduled for approval by the Dublin City
Council.
(Tentative dates, subject to change)
RFP Submittal Requirements
Please prepare and organize your Proposal based on the requirements provided below. Any other
information you would like to include should be placed in a separated section at the back of your Proposal.
Please note however that the RFP submittal is limited to 10 pages maximum (excluding resumes) and
should be submitted on 8 ½ x 11 paper, in 12-point font. Page limit excludes a table of contents, tabbed
dividers, and resumes for Contractor’s team.
Interested companies are requested to submit an electronic copy of their Proposal as follows:
1. Enclose a cover letter not to exceed one page, describing the company’s interest and commitment
to perform work necessary to provide contracted mat and towel services. The person authorized
by the company to negotiate a contract with the City of Dublin shall sign the cover letter. Please
include this cover letter within document and not as a separate page.
2. State the qualifications and experience of the company/individual(s). Please emphasize the
specific qualifications and experience with engagements of similar scope and complexity.
3. Provide at least three references (names and current phone numbers) from recent work (previous
five years) similar to the services outlined in this request for proposals.
4. List key staff members, including identification of the Project Manager/primary point-of-contact.
Include each team member’s availability, including all existing committed hours, and the ability of
being able to complete the project in time and budget.
5. Provide a service schedule.
6. Present proposed compensation rate schedule for services.
7. Provide confirmation of your company’s ability to meet the City’s Standard Contractor Services
Agreement, Conflict of Interest and insurance requirements. Exceptions to the Agreement and
insurance requirements shall be specifically noted in the Proposal.
Post-marked packages dated on the specified proposal due date will NOT be accepted. Any Proposal
submitted after the stated deadline will not be accepted for consideration.
Standard Contractor Services Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be
performed on a time and materials fee basis for a specified scope of work. The term of the agreement will
begin July 1, 2020.
A sample of the City’s Standard Contractor Services Agreement (Agreement), including insurance
requirements, is provided as Attachment C.
If the interested company desires to take exception to the Agreement and/or insurance requirements,
the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for
these changes, which shall be included in the proposal. Exceptions will be taken into consideration in
evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and
insurance requirements are acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal.
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin,
or of a public body within Alameda County or member or delegate to the Congress of the United States,
during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any
direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This
must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located
or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks
and/or the County of Alameda, and a brief description of work for these clients. Proposers must also
identify any other clients (including public entities), that may pose a potential conflict of interest, as well
as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFP as
well as current and future commitments to other projects.
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.
Equal Employment Opportunity
Proposer shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious
dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political affiliation or belief,
military/veteran status, or any other classification protected by applicable local, state, or federal laws
(each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor,
bidder for a subcontract, layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship, or participant in, recipient of, or applicant for any services or
programs provided by Contractor under this Agreement. In the event of Proposer non-compliance, the
City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be
declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are
treated during their employment, without regard to any Protected Characteristic. Such action shall
include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
Proposer and its sub-contractors shall post in conspicuous places, available to all employees and
applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. §
2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR
Parts 60 et seq.].
Governing Law
This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal
guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and
construed in accordance with the laws of the State of California.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s
requirements:
General Liability Insurance $2,000,000
Automobile Liability Insurance $2,000,000
Workers’ Compensation Insurance $1,000,000
References
Contractor must include three (3) references for which the company has provided services like those
described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number,
and Term of the Contract.
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by
City Staff will evaluate proposals provided in response to this RFP.
Based on input from this review process, a recommendation will be made to the City Manager. The City
Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the contractor that the City feels best meets the
requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of
the Agreement, with no penalty to the City.
Selection of Contractor
Submitted Proposals will be evaluated and scored using the following criteria:
x Quality and completeness of Proposal.
x Experience of the company.
x Experience and qualifications of the assigned individuals.
x Satisfaction of previous clients.
x Cost of providing services.
Attachment A
Scope of Services
The City of Dublin is soliciting proposals from Contractors to provide qualified personnel, transportation
and supplies necessary to perform professional window cleaning services for eight (8) City facilities.
LOCATION FREQUENCY
1. Civic Center – 100 Civic Center (Both Wings)
All exterior perimeter windows May & October
All interior windows, atrium & partition glass October
Lobbies (both wings) - Interior and exterior September & March
Atrium (hallway) – Exterior Upon Request
Atrium (hallway) – Interior Upon Request
2. Library – 200 Civic Center
All exterior perimeter windows -exterior only Feb, Jun, Sep, Dec
All interior windows & partition glass October
Atrium hi-bay circular windows October
Entrance lobby glass doors Feb, Jun, Sep, Dec
3. Shannon Community Center – 11600 Shannon Avenue
Perimeter windows - Exterior only Feb, Jun, Oct
Perimeter windows - Interior only June
Interior partitions and doors June
4. Dublin Senior Center – 7600 Amador Valley Boulevard
Perimeter windows - Exterior only April & October
Perimeter windows -Interior only October
5. Dublin Heritage Center – 6600 Donlon Way
Museum - Interior and exterior September
Church - Interior and exterior September
Kolb House - Interior and exterior September
School Barn - Interior and exterior September
Public Restroom Building - Interior and exterior September
Art Studio - Interior and exterior September
6. The WAVE Aquatic Park – 4201 Central Parkway
Perimeter windows - Exterior only May, Jun, Sep, Jan
Perimeter windows - Interior only May, Jun, Sep, Jan
Natatorium windows (second story) - Interior and exterior October & March
Lobby lower windows - Interior and exterior Upon Request
7. Public Safety Complex (Police Services)– 6361 Clark Avenue
Perimeter windows - Exterior only June
Perimeter windows -Interior only June
CONTRACTOR REQUIREMENTS
1. Upon the City of Dublin’s request, the contractor shall provide Safety Data Sheets (SDS) for all
chemicals used for window cleaning.
2. Contractor shall provide all personnel, uniforms, tools, equipment, parts, records/logs, rags,
cleaning chemicals, etc., necessary to perform the services described. All other
materials/supplies required to perform this service, and not otherwise mentioned, shall be
provided by the Contractor at his/her expense.
3. Contractor shall adhere to all current state and local water use restrictions & regulations.
4. Window Cleaning shall be performed on site during regular business hours, between 8:00 AM
and 5:00 PM on weekdays, unless it causes a disruption to the City of Dublin employees or
the City’s ability to serve the community or presents a safety hazard/disruption to others.
5. Contractor shall be responsible for all damage which occurs to City property while performing
services, regardless of whether the damage is to an item(s) being cleaned or to other item(s)
in and around the unit where services are being performed.
6. Contractor is not allowed to subcontract work to a third party once a service contract
agreement has been approved.
7. Contractor is responsible for maintaining a safe work area while cleaning windows which
includes installing safety barricades and signs to warn the public.
CONTRACTOR PERSONNEL REQUIREMENTS
1. Contractor shall assign a sufficient number of trained & experienced employees to perform
the required service. Contractor shall designate one (1) employee as principal with full
responsibility for directing the entire crew. Each principal shall be authorized to act for the
Contractor in every detail.
2. Contractor shall furnish and require every on-duty employee to wear a company shirt or a
visible photo identification badge identifying employee by name.
3. All assigned personnel are subject to a criminal history records check performed using Live
Scan. Government fees are required for the State (DOJ) and Federal (FBI) level criminal history
record checks. Contractor is responsible for the fee to perform such records search. A $45
application per personnel is required to perform a formal criminal history records check.
Should an employee not pass the criminal history records check; a refund will not be provided.
4. All assigned personnel must have all the proper safety training, and equipment operator
certificates to meet the minimum requirements of Cal OSHA.
8. Corporation Yard – 5709 Scarlett Court
Perimeter windows - Exterior only June
Perimeter windows -Interior only June
Attachment B
Compensation Schedule
Location Frequency Per Visit
Total Annual
Cost
A. Civic Center – 100 Civic Center (Both Wings)
All exterior perimeter windows May & Oct
All interior windows, atrium & partition glass Oct
Lobbies (both wings) - Interior and exterior Sept & Mar
Atrium (hallway) – Exterior Upon Request
Atrium (hallway) – Interior Upon Request
B. Library – 200 Civic Center
All exterior perimeter windows -exterior only Quarterly
All interior windows & partition glass Oct
Atrium hi bay circular windows Oct
Entrance lobby glass doors Quarterly
C. Shannon Community Center – 11600 Shannon Avenue
Perimeter windows - Exterior only Feb, June, Oct
Perimeter windows - Interior only June
Interior partitions and doors June
D. Senior Center – 7600 Amador Valley Boulevard
Perimeter windows - Exterior only Apr & Oct
Perimeter windows -Interior only Oct
E. Heritage Center – 6600 Donlon Way
Museum - Interior and exterior Sept
Church - Interior and exterior Sept
Kolb House - Interior and exterior Sept
School Barn - Interior and exterior Sept
Public Restroom Building - Interior and exterior Sept
Art Studio - Interior and exterior
F. The WAVE Aquatic Park – 4201 Central Parkway
Perimeter windows - Exterior only
Perimeter windows - Interior only
Natatorium windows (second story) - Interior and exterior
Lobby lower windows - Interior and exterior
G. Public Safety Complex (Police Services)– 6361 Clark Avenue
Perimeter windows - Exterior only
Perimeter windows -Interior only
H. Corporation Yard – 5709 Scarlett Court
Perimeter windows - Exterior only
Perimeter windows -Interior only
Indicate if there are to be any proposed increases to costs for the length of the contract.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and
as work is completed.
I. Total Annual Bid Price
J. Additional Work (*Contingency) TBD