HomeMy WebLinkAbout8.1 Street Sweep Svcs~~
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 23, 2009
SUBJECT: Amendment to Agreement with Universal Building Services for
Street Sweeping Services
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Current Agreement
2) Resolution Approving An Amendment To The Agreement
With Universal Building Services For Street Sweeping
Services, together with Exhibit "A," Amendment
RECOMMENDATION:
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FINANCIAL STATEMENT:
Adopt the Resolution approving an Amendment to the Agreement
with Universal Building Services for Street Sweeping Services.
Under this Agreement, the contractor provides street sweeping
services to the City. These services are funded through the City`s
General Fund.
DESCRIPTION: Street sweeping has been a contract service since the City was
incorporated in 1982. Universal Building Services (UBS) has provided street sweeping services to the
City since 2002. The current Agreement (Attachment 1) with UBS was approved on March 20, 2007, and
was for afive-year term, expiring on June 30, 2012. The work performed to date by UBS has been
satisfactory, professional, and competitive, and any requests related to the sweeping service have been
handled promptly and effectively. A number of compliments have been received over the years regarding
UBS and its personnel.
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 and within three hours at night or on weekends.
COPY TO: Bill Godfrey, UBS
Page 1 of 2
G:~MAINTENANCEIStreet Sweeping~2009 Reduction of Commercial Sweeping~agst UBS June 2009.doc
ITEM NO. S
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During this year's budget preparations, the City explored a number of measures designed to address the
impact of the budgetary shortfall, including reductions in some City services. It was determined that some
minor revisions could be made to the scope of service without compromising the overall value of the
service to the City.
UBS is in the third year of the current Agreement. The proposed Amendment will reduce the scope of
services for the remainder of the five-year term as follows:
1. Commercial street sweeping will decrease from weekly to twice monthly during the months of
February through October, with an estimated reduction of $20,050.
2. Commercial street sweeping will decrease from weekly to four times a month during the months of
November through January, with an estimated reduction of $4,440.
Under the budget projections, the total number of callout hours will decrease slightly but will have no
impact on the number of callout hours required by the Agreement.
RECOMMENDATION: Adopt the Resolution approving an Amendment to the Agreement
with Universal Building Services for Street Sweeping Services.
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CONSULTING SERVICES AGREEMENT BETWEEN
. THE CITY OF DUBLIN AND UNIVERSAL BUILDING SERVICES
FOR STREET SWEEPING AND PARKING LOT SWEE~ING
THIS AGREEMENT for consulting services is made by and between the~ITY 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 specked, 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 Assistnment 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 pertormance 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 Consultants 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 maybe
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
March 20, 2007
Page 1 of 12
ATTACHM NT /.
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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 as a 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 F~chibit 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 Excenses. 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 March 20, 2007
City of Dublin and Universal Building Services Page 2 of 12
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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.
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2.9 Rate Adjustments. 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. tf 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 $150.00lhr
INDFJC INCREASE (Assuming 1 %) 150 x .01 = 1.50 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 maybe 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 Rs 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 aself-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 aself-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
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City of Dublin and Universal Building Services Page 3 of 12
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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 Commerctal General and Automobile Liability 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 Mlnlmum scone of coveraae. 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.
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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 orself-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 Requirements.
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 A:VII.
4.4.2 Verification of coverage. 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, certifted copies of all required
insurance policies, including endorsements effecting the insurance coverage, at
any time.
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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 Coveraste. 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 nova 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. .
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City of Dublin and Universal Building Services Page 6 of 12
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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 Califomia 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. STATUS OF CONSULTANT.
6.7 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 Califomia 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 No Anent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on pehalf 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 Califomia shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply
with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Res~ulations. 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 Eaual 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
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Ciiy of Dublin and Universal Building Services Page 7 of 12
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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 F~ctension. 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 uaon Breach by Consuitant. 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;
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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 bylaw, from the date of final payment to the Consultant to this Agreement.
9.3 Insaection 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 shaA 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 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 Venus. 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 Severabiltty. 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 March 20, 2007
City of Dublin and Universal Building Services Page 9 of 12
io~.g
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 Assis~ns. 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 Califomia 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 Califomia 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 etseq., the entire Agreement is void and Consultant wiU 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 Govemment Code § 1090 and,
if applicable, will be disqual~ed from holding public offrce in the State of Califomia.
10.8 Sollcltation. 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 Servioas Agreement March 20, 2007
City of Dublin and Universal Building Services Page 10 of 12
ii~i~
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 Integration. 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
Ap~prove~d as to Form:
~-~---- /i~/ ._...
beth Silver, City Attorney
CON LTA
r ~
o Dev cenzi, Oper ins Manager
G:\CONSULTANTS\UBSlstreet sweeping agreement 2007-2012.doc
882902 3
Consulting Services Agreement March 20, 2007
City of Dublin and Universal Building Services Page 11 of 12
is ~ ,~
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 aooroved by the Public Works
Director in writing at least 30 davs in advance of the change. 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. Ail 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. Alt 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 (I-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 I-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
r3 ~ ~~
3) Intersections
Consultant shall sweep the intersection of the following major cross streets according to the same
schedule as commercial streets:
Dublin BoulevardlDougherty Road
Dublin Boulevard/Sierra Court
Dublin Boulevard/Amador Plaza Road
Dublin Boulevard/Regional Street
Dublin Boulevard/Hacienda Drive
Central ParkwaylTassajara Road
Amador Valley BIvd.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.lRegional 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) Parking Lots
The following City parking lots shall. be swept on atwice-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) Emeroency, 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
Callouts 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
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7) Delavs in Sweeping Schedule
In the event of inclement weather, Consultant shall not be required to perfom~ 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 Mileaoe
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 additiona! 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 Sweepino 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 action or procedure taken with reference tp any
complaints, and when necessary, complete the citizens' request form which will remain on fife in the City
offices.
D. Disposal of Sweepinos
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 Dean
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. Eauipment Operation
The sweeper shall be operated at a safe speed which will allow for maximum debris pick-up.
Exhibit A
Page 3 of 4
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G. National Pollution Discharge 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
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~.
EXHIBIT B
COMPENSATION SCHEDULE
UNIT PRICES FOR STREET SWEEPING SERVICES
UNIT OF ESTIMATED:
ITEM DESCRIPTION MEASURE ANNUAL UNIT PRICE TOTAL PRICE
QUANTITY
1. Street Sweeping Curb Mile 6.200 19.55 $121,210.00
2. Intersections Each 832 5.42 4509.44
3. Emergency Callouts' Hours 130 75.00 9,750.00
4. Parking Lots2 Per Month 12 651.00 7,812.00
TOTAL: $143,281.44
' This figure assumes that fall leaf clean-up services are billed on an emergency callout basis.
s 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
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RESOLUTION NO. - 09 ~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT
WITH UNIVERSAL BUILDING SERVICES FOR
STREET SWEEPING SERVICES
WHEREAS, the City of Dublin, State of California, entered into afive-year Agreement with
Universal Building Services on March 20, 2007, to perform street sweeping services; and
WHEREAS, the City of Dublin is facing a budgetary shortfall and must reduce some services in
order to maintain a balanced budget; and
WHEREAS, the City wishes to amend the term of the Agreement with a reduction of commercial
street sweeping from weekly to twice monthly during the months of February through October, with an
estimated reduction of $20,050; and
WHEREAS, the City further wishes to amend the term of the Agreement with the reduction of
commercial street sweeping from weekly to four times a month during the months of November through
January, with an estimated reduction of $4,440;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amendment to the Agreement with Universal Building Services, attached hereto as
"Exhibit A."
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Amendment to the
Agreement.
PASSED, APPROVED AND ADOPTED this 23rd day of June, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
G: IMAINTENANCEIStreet Sweeping12009 Reduction of Commercial Sweepinglreso amend UBSJune 2009.doc
Mayor
ATTACHMENT z.
~,~is
EXHIBIT "A" OF RESOLUTION -09
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND UNIVERSAL BUILDING SERVICES
FOR STREET SWEEPING SERVICES
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Universal Building
Services (hereinafter referred to as "CONSULTANT"), entered into afive-year agreement on March 20,
2007, to provide street sweeping services to CITY; and
WHEREAS, CITY faces a budgetary shortfall and must reduce some services in order to
maintain a balanced budget; and
WHEREAS, CITY wishes to amend the term of the agreement with a reduction of
commercial street sweeping from weekly to twice monthly during the months of February through
October, with an estimated reduction of $20,050; and
WHEREAS, CITY further wishes to amend the term of the agreement with the reduction
of commercial street sweeping from weekly to four times a month during the months of November through
January, with an estimated reduction of $4,440;
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Modification of Exhibit A, Section A of the Agreement
The term of the agreement set forth in Item 2 of Section A, Commercial Streets, shall be
amended as follows:
Line 1: "The following streets are defined as commercial streets and shall be swept four times each
month during the months November through January; during the months of February through October the
commercial streets listed shall be swept twice each month: Amador".
Line 9-10: "Fallon Road), Tassajara Road from I-580 to North Dublin Ranch Drive. The center
medians within the limits shall be swept according to the terms set forth far commercial streets. Any
portion of the above streets which are not".
CITY OF DUBLIN UNIVF,rRSAL~rl~.TIItDING S RVICESA
Tim Sbranti, Mayor
ATTEST:
Date:
City Clerk
De Vincenzi,
G:Vv1AINTENANCEVStreet Sweeping~2009 Reduction of Commercial Sweeping~amendment UBS June 2009.doc
EXHIBIT ~.
To the Resolution