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HomeMy WebLinkAboutItem 4.04 Street and Parking Lot Sweeping CITY CLERK File # D[6j[Q][Q]-~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 20, 2007 SUBJECT: Agreement for Street Sweeping and Parking Lot Sweeping Services Report Prepared by: Melissa Morton, Public Works Director !~! I I ATTACHMENTS: 1) 2) Resolution and Proposed Agreement RFP Results RECOMMENDATION: ~ ~ Adopt the resolution approving the agreement with Universal Building Services and authorize the Mayor to execute the agreement. FINANCIAL STATEMENT: The cost of street sweeping is budgeted in the Street Sweeping Operating Budget and is paid from the General Fund. A summary of proposals received is included as Attachment 2. The proposed pricing received from Universal Building Services is lower than the price currently being paid for most activities and will serve as the basis for the 2007-2008 Street Sweeping Operating Budget. Parking lot sweeping is paid from the Park Maintenance Operating Budget. DESCRIPTION: The City of Dublin has contracted with Universal Building Services (UBS) for the past five years, with the current agreement expiring June 30, 2007. Since other firms had expressed interest in this contract, Staff issued a Request for Proposals (RFP) to four known providers. Four proposals were received. Attachment 2 is a summary of the cost portion of the RFP results. Street sweeping has been a contract service since the City was incorporated. Many municipalities and other jurisdictions contract for street sweeping services in lieu of providing this service in-house due to both the initial purchase cost and the cost of upkeep on the sweeping equipment. In addition, the City of Dublin does not have a Corporation Yard that would be capable of storing and servicing street sweeping equipment or of providing an interim dump site for the material that is picked up. UBS is presently providing sweeping services to the Cities of El Cerrito, Emeryville, Oakley, and Antioch, the Town of Danville, Contra Costa County, and a number of private parking facilities. ------------------------------------------------------------------------------------------------------------- COPY TO: Bill Godfrey, Universal Building Services Page 1 of2 ITEM NO. 4.4- g:\consultants\ubs\agenda statement 3-20-07 During the five years that UBS has been performing street sweeping and parking lot sweeping services for the City of Dublin, the number of service requests related to street sweeping has dwindled to only a few per year. Most requests received through the City's internet request system or by telephone are for information as to sweeping day. Any requests related to the service itself are handled promptly and effectively. Staff has received a number of compliments regarding UBS and its personnel. The rates proposed for Fiscal Year 2007-2008 are lower than the rates currently being paid for most activities. When the previous agreement for street sweeping services was approved in 2002, the Department of Industrial Relations had determined that custodial street sweeping was a prevailing wage activity, and therefore the rates were higher. In 2005, the determination was reversed, and the City was able to negotiate a rate reduction. At this time, UBS is able to offer a further reduction in rates for most activities, which is as follows: Activity Curb Miles Intersections Callout Rate (per hour) Parking Lots (per month) Current Rate 21.40 5.82 68.82 824.24 Proposed Rate 19.55 5.42 75.00 651.00 The bulk of the cost of the service is in curb mileage, which is approximately 90% of the total cost of street sweeping and parking lot sweeping services. The agreement provides for an annual rate increase that is commensurate with the Consumer Price Index rate of inflation. Street sweeping is an important part of the City's Clean Water Program, which requires compliance with specific practices and reporting. UBS complies with the program regulations and provides a report of mileage swept and material picked up with each monthly invoice. Under the emergency callout section of the agreement, UBS is able to respond for spill cleanup within two hours (or less) during normal working hours or within three hours at night or on weekends. Staff recommends that the City Council adopt the resolution approving the agreement with Universal Building Services and authorize the Mayor to execute the agreement. Page 2 of2 11b1i> RESOLUTION NO. - 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AWARDING CONTRACT FOR STREET SWEEPING AND PARKING LOT SWEEPING SERVICES TO UNIVERSAL BUILDING SERVICES WHEREAS, proposals were submitted for street sweeping and parking lot sweeping services for a term of July 1, 2007 through June 30, 2012; and WHEREAS, proposals have been reviewed in relation to cost, qualifications, and references; and WHEREAS, the proposal submitted by Universal Building Services is considered most suited to the needs of the City of Dublin; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with Universal Building Services for street sweeping and parking lot sweeping services which is attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement with an effective date of July 1, 2007. PASSED, APPROVED AND ADOPTED this 20th day of March, 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\CONSULTANTSIUBS\reso sweeping 2007.doc I..{ LJ- 2> -22)-- ATTACHMENT I. /. I' 1?3 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND UNIVERSAL BUILDING SERVICES FOR STREET SWEEPING AND PARKING LOT SWEEPING THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City") and Universal Building Services ("Consultant") as of March 20, 2007. 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 Services 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 July 1,2007, and shall end on June 30, 2012, and Consultant shall complete the work described in Exhibit A on an ongoing basis during the term specified, 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 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 in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 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 Section 1.2 above and to satisfy Consultant's obligations hereunder. Consultant shall not be responsible for delays beyond Consultant's reasonable control. 1.5 Performance Bond. Consultant shall provide a performance bond equal to the estimated sum of the first twelve (12) months service under this Agreement, based on the estimated quantities and unit prices indicated in Exhibit B. The bond may be cash, securities, or surety, as approved by the City. The City reserves the right to approve any bonding agent, surety company, or provider of securities. Section 2. COMPENSATION. City hereby agrees to pay Consultant as described in the Compensation Schedule, attached as Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed under this Agreement. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, 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 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, 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 Consulting Services Agreement City of Dublin and Universal Building Services EXHIBIT A. i () the ~e.~ I u:c; 0 ft. ~ 1'3 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 prior to the invoice date. Invoices shall contain the following information: . Clear numerical identification, with no duplication of numbering; . 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; . At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, 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, as well asa separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant'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 Consultant. 2.3 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, unless such extra, further or additional service and the price therefore is agreed to in writing executed by the City Manager and shall not exceed twenty-five percent (25%) of the initial contract price. [Ginger: This provision is carried forth from Exhibit B of the existing contract, and may be modified or excised at your discretion.] 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. 2.4 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. 2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 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 Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 2 of 12 Y- vb It)' 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 in order to verify costs incurred to that date. 2.8 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. 2.9 Rate Adiustments. Consultant will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics (Index) which is published for the year ending in December. If the Index has increased over the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works Director shall calculate the adjusted rate on each anniversary date of this agreement and shall provide notice to Consultant of such new rates. SAMPLE CALCULATION: (Using 1% index increase as an example) HOURLY CHARGE RATE INDEX INCREASE (Assuming 1 %) 150 x .01 = 1.50 $150.00/hr 1.50/hr $151.50/hr 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 required by this Agreement. City shall not furnish any facilities or equipment for consultant's use under this Agreement. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. 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 to the City. 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. 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 thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. 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 ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 3 of 12 GObi?> waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liabilitv Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coveraQe. Commercial general coverage shall be at least as broad as Insurance Services Office Form CG 0001 covering Commercial General Liability on an occurrence basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability Form CA 0001 covering Automobile Liability, Code 1 (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos. 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 an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 4 of 12 ~T)t It e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. 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 ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are 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 five 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 must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Reauirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a current A.M. Bests' rating of no less than AVII. 4.4.2 Verification of coveraQe. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. Failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the insurance coverage, at any time. Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 5 of 12 rO:b I~ 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the 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. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in CoveraQe. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 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: · 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. Consultant 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 attorneys fees, and costs caused either directly or indirectly by Consultant's negligent acts or omissions in the performance of services under this Agreement. The Consultant's indemnity obligations hereunder exist irrespective of whether or not a third party claimant specifically identifies Consultant in his claim; and irrespective of whether or not such claimant actually joins Consultant as a party to any litigation. The Consultant must respond within 30 days to any tender the City may make hereunder of its defense and indemnity, unless the time has been extended by the City. Failure to so respond may subject Consultant to liability for detriment caused to the City by delay. . Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 6 of 12 c" /4 D C) (.) In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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. 6.1 6.2 Section 7. 7.1 7.2 7.3 7.4 7.5 STATUS OF CONSULTANT. 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. 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 Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 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. Consultant No Aaent. 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. LEGAL REQU IREM ENTS. Governina Law. The laws of the State of California shall govern this Agreement. Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Other Governmental Reaulations. 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. 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. Nondiscrimination and EQual Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 7 of 12 t1cob ,'"(; Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. 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 thirty (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. 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 bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 8 of 12 ID t> 6 I 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, 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 three (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 Section 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 TEN THOUSAND DOLLARS ($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 three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' 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 Severabilitv. 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 Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 9 of 12 "UO/~ 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 AssiQns. 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 Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve 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 Government Code ~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 Government Code S 1090 and, if applicable, will be disqualified from holding public office in the State of California. 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 Melissa Morton, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices Any written notice to Consultant shall be sent to: Dario Devincenzi Universal Building Services 3120 Pierce Street Richmond CA 94804 Any written notice to City shall be sent to: Melissa Morton Public Works Director City of Dublin Public Works 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 10 of 12 12i5' I b construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Inte~ration. This Agreement, including the exhibits described in section 10.13, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.13 Exhibits. The exhibits to this Agreement consist of the following: (a) Exhibit A entitled "Scope of Services", and (b) Exhibit B entitled "Compensation Schedule." CITY OF DUBLIN s Manager Janet Lockhart, Mayor Attest: Fawn Holman, City Clerk Approved as to Form: Elizabeth Silver, City Attorney G:\CONSUL TANTS\UBS\street sweeping agreement 2007-2012.doc 882902_3 Consulting Services Agreement City of Dublin and Universal Building Services March 20, 2007 Page 11 of 12 I 3~b; EXHIBIT A SCOPE OF SERVICES STREET AND PARKING LOT SWEEPING Consultant shall use and furnish at his own expense all labor, equipment, and materials necessary for the satisfactory performance of the street sweeping and parking lot sweeping work set forth herein. After sweeping, curbs and gutters shall be left in a clean condition. A clean condition is defined as the absence of residue in the streets and gutters upon the completion of the sweeping operation. The sweeping shall include as many passes as necessary to leave the street in a clean condition. Consultant shall maintain a log which indicates dates, times, streets, and miles swept. The log shall be available for inspection by the Public Works Director or his or her designee. A. Schedule The map provided as Attachment 1 of this Exhibit A outlines the sweeping schedule to be utilized for residential streets. Anv deviations from this route and schedule must be approved bv the Public Works Director in writinq at least 30 days in advance of the chanqe. If deviations from the schedule are approved, Consultant shall be responsible for notifying individual households that are affected IN WRITING at least two weeks prior to beginning the new schedule. Consultant shall provide a sweeping plan for commercial streets, which must be approved by the Public Works Director. All street sweeping shall be performed as follows: 1 ) Residential Streets Residential streets are defined as all paved and public streets which are not identified as commercial streets in the following paragraph. All residential streets, including any center or median strips therein, shall be swept twice each month on the second and fourth full weeks or as agreed between the City and the Consultant. Exception: the Consultant shall sweep specified residential streets once every week during the heavy leaf-fall season OR shall increase service so as to provide the same result, at the option of the Public Works Director or his or her designee. The duration of the extra service and the streets to be included shall be determined by the Public Works Director or his or her designee. The following generally commercial streets shall be treated as residential streets (swept twice per month) for the purpose of this Agreement: Dublin Boulevard westerly of Silvergate Drive, Dublin Court, Sierra Lane, Sierra Court, Civic Plaza, Trinity Court, Houston Place, Tassajara Road northerly of North Dublin Ranch Drive to City Limit, Fallon Road. These commercial streets shall be swept early enough in the morning to avoid cars being parked along the street. 2) Commercial Streets The following streets are defined as commercial streets and shall be swept once every week: Amador Valley Boulevard (Village Parkway to westerly end), Village Parkway (Clark Avenue to Amador Valley Boulevard), Regional Street (Amador Valley Boulevard to southerly end), Amador Plaza Road (Amador Valley Boulevard to southerly end), San Ramon Road (Dublin Boulevard to Alcosta Boulevard), Scarlett Court (Dublin Boulevard to easterly end), Scarlett Drive, Dublin Boulevard (Silvergate Drive to Lockhart Street), Central Parkway (Arnold Road to Lockhart Street), Dougherty Road (1-580 to Northerly City Limit, including a pass through the painted median areas), Clark Avenue (southerly of Dublin Boulevard), Golden Gate Drive, Hacienda Drive, Arnold Road (Dublin Blvd. to Gleason Drive), Gleason Drive (Arnold Road to Fallon Road), Tassajara Road from 1-580 to North Dublin Ranch Drive. The center medians within the limits specified shall also be swept once every week. Any portions of the above streets which are not within the limits above shall be defined as a residential street and shall be swept in accordance with Paragraph 1 above. Exhibit A Page 1 of 4 1Lfvbl-b 3) Intersections Consultant shall sweep the intersection of the following major cross streets according to the same schedule as commercial streets: Dublin Boulevard/Dougherty Road Dublin Boulevard/Sierra Court Dublin Boulevard/Amador Plaza Road Dublin Boulevard/Regional Street Dublin Boulevard/Hacienda Drive Central Parkway/Tassajara Road Amador Valley Blvd.Nillage Pkwy. San Ramon Road/Amador Valley Blvd. Dublin Boulevard/Dublin Court Dublin BoulevardNillage Parkway Dublin Boulevard/Golden Gate Drive Dublin Boulevard/San Ramon Road Dublin Boulevard/Tassajara Road Gleason Drive/Tassajara Road Amador Valley Blvd./Regional Street Amador Valley Blvd./Dougherty Road Payment for intersection sweeping shall be made on a unit price basis as provided in Exhibit B. Intersection sweeping may be done as a "Figure 8" or any other configuration that will remove debris from the entire intersection. 4) Parkinq Lots The following City parking lots shall be swept on a twice-monthly basis during the same weeks as the residential sweep: Civic Center - 100 Civic Plaza Shannon Park/Community Center - 11600 Shannon Avenue Alamo Creek Park - Dougherty Road and Willow Creek Drive Dublin Sports Grounds - Dublin Blvd. next to Civic Center Emerald Glen Park, Gleason Drive at Tassajara Road (3 parking lots, one on Gleason Drive and two on Central Parkway) Senior Center, 7600 Amador Valley Blvd. Sweeping shall be done after the normal operating hours of the facility so that no vehicles remain in the parking lot at the time sweeping is done. In the case of parks in residential neighborhoods (e.g., Alamo Creek Park and Shannon Park), sweeping shall be done at such time as to avoid noise complaints from adjacent residents. Sweeping days and times for all parking lots shall be approved by the Public Works Director or his or her designee. Payment for parking lot sweeping shall be made on a unit price per month basis as provided in Exhibit B. 5) Emerqency Callouts Consultant shall provide a 24-hour telephone number and/or a list of employees, including telephone numbers and pager numbers, who are available for 24-hour emergency callout service. The response time for emergency callouts shall conform to the estimated time of arrival quoted in Consultant's proposal to the City. Fall leaf clean-up shall be billed on an emergency callout basis. Compensation for emergency call outs shall be on an hourly basis as provided in Exhibit B. 6) Holidays If sweeping is not to be performed on certain holidays, Consultant must provide a schedule for sweeping the missed streets. City shall be advised in advance of holidays to be observed by Consultant and shall be provided with a makeup schedule that is no more than one week later. Once the makeup schedule is established, it shall not be changed without prior approval of the City. Exhibit A Page 2 of 4 160:1 l<t U 7) Delavs in Sweepinq Schedule In the event of inclement weather, Consultant shall not be required to perform either the regular sweeping schedule or a makeup schedule. Consultant shall, if requested by the Public Works Director, sweep any streets which become littered with storm debris. In the event of a mechanical breakdown, service will be provided as follows: Additional equipment kept in reserve for mechanical breakdowns. B. Calculation of Curb Mileaqe 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 the City's. In the event that it becomes necessary to increase the frequency of sweeping during the heavy leaf fall season and thus increase the total number of miles swept or to increase callout hours, Consultant shall submit a proposal for City's approval prior to performing the additional service. Any streets added to the City during the term of this Agreement, either by new construction or annexation, shall be swept according to the appropriate schedule beginning as soon as said streets are accepted officially by the City. The additional cost for sweeping these streets shall be based on the per mile cost set forth in Exhibit B. Consultant 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. C. Street Sweepinq Complaints Consultant shall, in person or by his agent, investigate any complaints which may concern or involve the performance of this Agreement. Consultant shall report to the Public Works Director or his or her designee on the following working day as to the actipn or procedure taken with reference to any complaints, and when necessary, complete the citizens' request form which will remain on file in the City offices. D. Disposal of Sweepinqs Consultant shall dispose of all refuse collected by hauling same to legally established refuse disposal sites or other site approved by the Public Works Director. Refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed containers, which shall be approved by the Public Works Director. If containers are used, they shall be dumped upon completion of the sweeping cycle. At this time, the City does not have a storage site available for debris boxes. E. Water Consultant shall provide, at his own expense, sufficient water for the street sweeping equipment necessary to comply with this Agreement and to assure that the curb and gutter are left in a clean condition and the 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 Consultant and included in the unit costs for various sweeping services. F. Equipment Operation The sweeper shall be operated at a safe speed which will allow for maximum debris pick-up. Exhibit A Page 3 of 4 I "'eib 1'3 G. National Pollution Discharqe Elimination System (NPDES) Requirements Consultant 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. Exhibit A Page 4 of 4 Il~,t \'t b EXHIBIT B COMPENSATION SCHEDULE UNIT PRICES FOR STREET SWEEPING SERVICES ITEM DESCRIPTION UNIT OF MEASURE ESTIMATED ANNUAL QUANTITY 6.200 832 130 12 UNIT PRICE TOTAL PRICE 1. Street Sweeping 2. Intersections 3. Emergency Callouts 1 4. Parking Lots2 Curb Mile Each Hours Per Month 19.55 5.42 75.00 651.00 TOTAL: $121,210.00 4509.44 9,750.00 7,812.00 $143,281.44 1 This figure assumes that fall leaf clean-up services are billed on an emergency callout basis. 2 The cost for parking lot sweeping shall be the cost to sweep all parking lots specified in Section 4 of Exhibit A twice per month. PAYMENT TO CONSULTANT Compensation for street sweeping shall be based on the actual number of curb miles, intersections, and parking lots swept and the number of callout hours expended. Quantities submitted by Consultant for payment by City shall be according to the Scope of Services set forth in Exhibit A of this Agreement. Emergency callout hours are subject to approval by the Public Works Director or his or her designee. Unit prices shall remain in effect until modified under the provisions noted in this Agreement. Exhibit B Page 1 of 1 City of Dublin Street Sweeping RFP Results (Costs) Universal Blda. Services A-1 SweeDlna ConuactSweeDlnaSvcs Clean Street Est. Quantitv Unit Extension Unit Extension Unit Extension Unit Extension Curb Miles 6,200 curb mi. 19.55 121,210.00 22.24 137,888.00 23.77 147,374.00 26.00 161,200.00 Intersections 832 intersec. 5.42 4,509.44 7.55 6,281.60 3.70 3,078.40 7.00 5,824.00 Callouts 130 hours 75.00 9,750.00 100.05 13,006.50 80.00 10,400.00 95.00 12,350.00 Parking Lots 12 months 651.00 7,812.00 800.40 9,604.80 450.00 5,400.00 300.00 3,600.00 Total: $ 143,281.44 $166,780.90 $ 166,252.40 $ 182,974.00 Parking lot cost is to sweep the lots twice a month) ~:J ~:J ~ II ~~ 00 t--3 0:1 ~ ~ .