HomeMy WebLinkAbout4.15 Amendments to Agreements for Maintenance Servicesr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Amendments to Agreements for Maintenance Services
Prepared by: Jordan Foss, Management Analyst 11
EXECUTIVE SUMMARY:
Agenda Item 4.15
The City Council will consider approving amendments to agreements with Sweeping Corporation
of America (formerly Contact Sweeping Services, Inc.) for Street Sweeping Services, Universal
Building Services and Supply Co. for Window and Carpet Cleaning Services, and Prudential Overall
Supply for Mat and Towel Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendments to Agreements with Sweeping Corporation of
America, Universal Building Services and Supply Co., and Prudential Overall Supply.
FINANCIAL IMPACT:
The cost of these services will be charged to the Public Works Department in accordance with the
adopted annual budget.
DESCRIPTION:
The Public Works Department utilizes contractors for regular and on -call, as needed maintenance
services. Contractors are solicited through an open and competitive request for proposals (RFP)
process. The RFP process identifies contractors with the necessary background and expertise to
provide services and to ensure that the cost of services is competitive. All three contractors, and
the related services, mentioned in this report were selected through the RFP process.
On June 16, 2020, the City Council approved, by Resolution No. 64-20, agreements with Contract
Sweeping Services, Inc. (now Sweeping Corporation of America) for a not -to -exceed compensation
amount of $867,500 for street sweeping services, and with Universal Building Services and Supply
Co. for a not -to -exceed compensation amount of $240,382 for window and carpet cleaning
services. The term of the agreements expires on June 30, 2023. Staff recommends amending the
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537
agreement with Sweeping Corporation of America to extend the term of services through June 30,
2025, and to increase the not -to -exceed compensation to $1,499,030 to continue services through
the extended term. Staff also recommends amending the agreement with Universal Building
Services and Supply Co. to extend the term of services through June 30, 2025, and to increase the
not -to -exceed compensation to $427,634 to continue services through the extended term.
On July 1, 2020, the City Manager approved and executed an agreement for mat and towel services
with Prudential Overall Supply. The agreement included a not -to -exceed compensation amount of
$42,830 and a term through June 30, 2023. Staff recommends amending the current agreement
with Prudential Overall Supply to extend the term to June 30, 2025, and to increase the not -to -
exceed compensation to $67,261 to continue services through the extended term. City Council
approval of this amendment is necessary because the proposed not -to -exceed compensation
amount exceeds the purchasing authority limit of the City Manager.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Amendments to Agreements with Sweeping Corporation of America,
Universal Building Services and Supply Co., and Prudential Overall Supply
2) Exhibit A to the Resolution - Amendments to Agreements
3) Original Agreements with Sweeping Corporation of America (formerly Contract Sweeping
Services, Inc.), Universal Building Services and Supply Co., and Prudential Overall Supply
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538
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO AGREEMENTS WITH SWEEPING CORPORATION OF
AMERICA, UNIVERSAL BUILDING SERVICES AND SUPPLY CO., AND PRUDENTIAL
OVERALL SUPPLY
WHEREAS, in 2019, Staff prepared and initiated a Requests for Proposals (RFPs) for
Street Sweeping Services, Window and Carpet Cleaning Services, and Mat and Towel Services;
and
WHEREAS, during that time, Staff reviewed and selected the most qualified contractors
and the City entered into agreements for these services; and
WHEREAS, the City wishes to amend the agreements with Sweeping Corporation of
America for Street Sweeping Services, Universal Building Services and Supply Co. for Window
and Carpet Cleaning Services, and Prudential Overall Supply for Mat and Towel Services; and
WHEREAS, the City wishes to extend terms to June 30, 2025, and increase the not -to -
exceed compensation to $1,499,030 for Sweeping Corporation of America, to $427,634 for
Universal Building Services and Supply Co., and to $67,261 for Prudential Overall Supply.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendments to the agreements with Sweeping Corporation of America,
Universal Building Services and Supply Co., and Prudential Overall Supply, attached hereto as
Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A, and make any necessary, non -substantive changes to Exhibit A to carry out the intent
of this Resolution.
{Signatures on the following page}
Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 1 of 2 539
PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 2 of 2 540
Attachment 2
AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT BETWEEN THE
CITY OF DUBLIN AND
PRUDENTIAL OVERALL SUPPLY
WHEREAS, on July 1, 2020, the City of Dublin (hereinafter referred to as
"CITY") and Prudential Overall Supply (hereinafter referred to as CONTRACTOR)
entered into a Contracting Services Agreement for Mat and Towel services (hereinafter
referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2023; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to extend the term through June 30, 2025 by modifying section 1.1 of the
Agreement, to increase the not to exceed compensation amount to $67,261 by modifying
Section 2 of the Agreement, and update the scope of work and compensation schedule
by modifying Exhibit A and Exhibit B of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on June 30, 2025, and Consultant shall complete the work
described in Exhibit A on or before that date, unless the term of the Agreement is
otherwise terminated or extended, as provided for in Section 8. The time provided
to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing this Agreement may be extended on a month to
month basis for up to 6 months upon the written consent of the Consultant and
the City Manager, provided that: a) sufficient funds have been appropriated for
such purchase, b) the price charged by the Consultant for the provision of the
serves described in Exhibit A does not increase. None of the foregoing shall
affect the City's right to terminate the Agreement as provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not
to exceed $67,261, notwithstanding any contrary indications that may be contained
in the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement
and the Consultant's proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant
to this Agreement at the time and in the manner set forth herein. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically
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541
authorized by City, Consultant shall not bill City for duplicate services performed
by more than one person.
3) Exhibit A, the scope of services shall be rescinded in its entirety and replaced,
attached hereto and incorporated herein as Exhibit A.
4) Exhibit B, the compensation schedule shall be rescinded in its entirety and
replaced, attached hereto and incorporated herein as Exhibit B.
5) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
6) All requisite insurance policies to be maintained by the Consultant pursuant to
the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it
on behalf of Consultant each represent and warrant that they have the legal
power, right and actual authority to bind Consultant to the terms and conditions of
this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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542
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN PRUDENTIAL OVERALL SUPPLY
—DocuSigned by:
1-14z4.4 Ei4t44o*•
By: By:—`—AA1265C6EB20422...
Linda Smith, City Manager Micah Elberson, General Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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543
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide qualified personnel, transportation and supplies necessary to perform floor mat
and towel services for six (6) City facilities. Changes or increases to locations, frequencies, quantities,
and/or schedule must be approved in writing, by the Public Works Maintenance Manager, or their designee.
1. Civic Center (including *Cultural Arts Center coming Spring 2024) —100 Civic Center
Quantity
7
5
2
5*
4*
Product/Description
3 x 4 — Black Mats
4 x 6 — Black Mats
3 x 10 — Black Mats
3 x 4 — Black Mats
4 x 6 — Black Mats
2. Senior Center — 7600 Amador Valley Boulevard
Quantity Product/Description
2 4 x 6 — Black Mats
1 3 x 10 — Black Mats
75 Kitchen Towels
7 3 x 5 - Anti -Fatigue Kitchen Mats
3. Shannon Community Center —11600 Shannon Avenue
Quantity
5
3
2
Product/Description
4 x 6 — Black Mats
3 x 10 — Black Mats
4 x 6 — Black Mats
4. Corporation Yard — 5709 Scarlett Court
Quantity Product/Description
2 3 x 4 — Black Mats
1 3 x 5 — Black Mats (Scraper Mat)
1 4 x 6 — Black Mats
2 3 x 10 — Black Mats
5. The WAVE Aquatic Park — 4201 Central Parkway
Quantity
3
1
1
5
Product/Description
3 x 4 — Black Mats
3 x 5 — Black Mats (Scraper Mat)
4 x 6 — Black Mats
3 x 10 — Black Mats
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
Schedule
Weekly
Weekly
2nd and 4th Friday
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
6. Public Safety Complex (Police Services) — 6361 Clark Avenue
Quantity Product/Description
2 3 x 4 — Black Mats
1 3 x 5 — Black Mats (Scraper Mat)
1 4 x 6 — Black Mats
2 3 x 10 — Black Mats
Page 4 of 6
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
544
EXHIBIT B
COMPENSATION SCHEDULE
1. Civic Center ( ncluding *Cultural Arts Center coming Spring 2024) —100 Civic Center
Quantity Product/Description 2023-2024 Unit Price
7 3 x 4 — Black Mats $3.28
5 4 x 6 — Black Mats $5.25
2 3 x 10 — Black Mats $6.56
5* 3 x 4 — Black Mats $3.28
4* 4 x 6 — Black Mats $5.25
2. Senior Center — 7600 Amador Valley Boulevard
Quantity Product/Description 2023-2024 Unit Price
2 4 x 6 — Black Mats $5.25
1 3 x 10 — Black Mats $6.56
75 Kitchen Towels $0.12
7 3 x 5 - Anti -Fatigue Kitchen Mats $3.82
3. Shannon Community Center —11600 Shannon Avenue
Quantity
7
3
Product/Description
4 x 6 — Black Mats
3 x 10 — Black Mats
2023-2024 Unit Price
$5.25
$6.56
4. Corporation Yard — 5709 Scarlett Court
Quantity Product/Description 2023-2024 Unit Price
2 3 x 4 — Black Mats $3.28
1 3 x 5 — Black Mats (Scraper Mat) $3.28
1 4 x 6 — Black Mats $5.25
2 3 x 10 — Black Mats $6.56
5. The WAVE Acuatic Park — 4201 Central Parkway
Quantity Product/Description 2023-2024 Unit Price
3 3 x 4 — Black Mats $3.28
1 3 x 5 — Black Mats (Scraper Mat) $3.28
1 4 x 6 — Black Mats $5.25
5 3 x 10 — Black Mats $6.56
6. Public Safety Complex (Police Services) — 6361 Clark Avenue
Quantity Product/Description 2023-2024 Unit Price
2 3 x 4 — Black Mats $3.28
1 3 x 5 — Black Mats (Scraper Mat) $3.28
1 4 x 6 — Black Mats $5.25
2 3 x 10 — Black Mats $6.56
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545
Additional Charges
Product/Description
Delivery Charges
Minimum bi-weekly order
2023-2024 Price
$12.02
$43.71
Assuming a maximum 3% CPI increase, contract not to exceed amount for prior three years and additional
two years is as follows:
Year 1
Year 2
Year 3
Year 4
Year 5
FY2020/2021
FY2021/2022
FY2022/2023
FY2023/2024
FY2024/2025
Sub -Total
Contingency
Total:
$11,916
$12,273
$12,641
$ 13,020
$ 13,411
$ 63,261
$ 4,000
$ 67,261
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1— June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance
Manager, or their designee. Any such annual increase shall be calculated based on the Bay Area Consumer
Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: pwinvoices(c�dublin.ca.gov no more than once monthly and as
work is completed.
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546
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND SWEEPING CORPORATION OF AMERICA
(FORMERLY CONTRACT SWEEPING SERVICES)
WHEREAS, on July 1, 2020, the City of Dublin (hereinafter referred to as
"CITY") and Sweeping Corporation of America (formerly Contract Sweeping
Services) (hereinafter referred to as CONTRACTOR) entered into a Contracting
Services Agreement for Street Sweeping services (hereinafter referred to as the
"AGREEMENT"); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2023; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to extend the term through June 30, 2025 by modifying section 1.1 of the
Agreement, to increase the not to exceed compensation amount to $1,499,030 by
modifying Section 2 of the Agreement, and update the scope of work and compensation
schedule by modifying Exhibit A and Exhibit B of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on June 30, 2025, and Consultant shall complete the work
described in Exhibit A on or before that date, unless the term of the Agreement is
otherwise terminated or extended, as provided for in Section 8. The time provided
to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing this Agreement may be extended on a month to
month basis for up to 6 months upon the written consent of the Consultant and
the City Manager, provided that: a) sufficient funds have been appropriated for
such purchase, b) the price charged by the Consultant for the provision of the
serves described in Exhibit A does not increase. None of the foregoing shall
affect the City's right to terminate the Agreement as provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not
to exceed $1,499,030, notwithstanding any contrary indications that may be
contained in the Consultant's proposal, for services to be performed and
reimbursable costs incurred under his Agreement. In the event of a conflict
between this Agreement and the Consultant's proposal, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner set forth herein.
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547
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.
3) Exhibit A, the scope of services shall be rescinded in its entirety and replaced,
attached hereto and incorporated herein as Exhibit A.
4) Exhibit B, the compensation schedule shall be rescinded in its entirety and
replaced, attached hereto and incorporated herein as Exhibit B.
5) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
6) All requisite insurance policies to be maintained by the Consultant pursuant to
the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it
on behalf of Consultant each represent and warrant that they have the legal
power, right and actual authority to bind Consultant to the terms and conditions of
this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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548
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN
By:
Linda Smith, City Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
SWEEPING CORPORATION OF
AMERICA
r DocuSigned by:
BY: — ‘*08CC1DBDD07C4EF...
Manvendra 5. 5axena, General Manager
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549
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide City with street sweeping services for residential and commercial streets,
intersections, parking lots, as well as emergency callout service.
SWEEPING CATEGORIES AND LOCATIONS:
COMMERCIAL STREETS: Commercial streets, including all medians, shall be swept twice monthly, from
January through October and four times monthly for the months of November and December. The
following streets are defined as commercial streets:
• Altamirano Avenue (Arnold Road to BART parking lot)
• Amador Plaza Road (Amador Valley Boulevard to southerly end)
• Amador Valley Boulevard (Village Parkway to westerly end)
• Arnold Road (Altamirano Avenue to Gleason Drive)
• Campbell Lane (Dublin Boulevard to Demarcus Boulevard)
• Clark Avenue (Village Parkway to Dublin Boulevard)
• Demarcus Boulevard (Iron Horse Parkway to Dublin Boulevard)
• Dougherty Road (1-580 to northerly City Limit, including a pass through the painted median areas)
• Dublin Boulevard. (Schaefer Ranch Road to Fallon Road)
• Fallon Road (1-580 to Northerly City Limit)
• Gleason Drive (Arnold Road to Fallon Road)
• Golden Gate Drive (Dublin Boulevard to southerly end)
• Hacienda Drive (1-580 to Gleason Drive)
• Iron Horse Parkway (Demarcus Boulevard to Dublin Boulevard)
• John Monego Court (Dublin Boulevard to southerly end)
• Lewis Avenue (Village Parkway to Portage Road)
• Martinelli Way (Hacienda Drive to Iron Horse Parkway)
• Regional Street (Amador Valley Boulevard to south end)
• Saint Patrick Way (Amador Plaza Road to Golden Gate Drive)
• San Ramon Road (1-580 to Alcosta Boulevard)
• Scarlett Court (Dublin Boulevard to east end)
• Scarlett Drive (Dublin Boulevard to Scarlett Court)
• Tassajara Road (1-580 to Fallon Road, including a pass through the painted median areas)
• Village Parkway (Village/Clark Avenue to Kimball Ave)
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550
The following commercial streets, including all medians, shall be treated as residential streets (swept twice
per month) for the purpose of this Agreement, these commercial streets shall be swept at a time agreed
upon by City, as to avoid noise complaints from adjacent residents.
• Dublin Court
• Sierra Lane
• Sierra Court
• Civic Plaza
• Trinity Court
• Houston Place
• Central Parkway (to be swept after 9am, four times monthly for the months of November and
December.)
Any portion of the above streets which are not within the limits above shall be defined as a residential street
and shall be swept in accordance with Residential Street Sweeping provisions.
RESIDENTIAL STREETS: The City is divided into seven residential sweeping zones. Residential street
sweeping shall be performed twice monthly. In addition, center medians within the limits specified shall
also be swept twice monthly. Residential sweeping shall commence no earlier than 8 a.m. so to avoid
noise complaints from adjacent residents. The following residential streets located adjacent to identified
schools must be swept no earlier than 6 a.m. and no later than 8a.m.:
Dublin High School:
• Brighton Drive
• Callan Street
• Newport Court
• Burnham Way
• Fredrickson Lane
• Fredrickson Court
• Mansfield Avenue
• Tamarack Drive
• Langmuir Lane
• Langmuir Court
• Brookdale Court
Emerald High School opening 2024-2025:
• Streets to be determined
The City may agree to modify sweeping zones provided the following conditions:
• To allow for the addition of new street segments as accepted by the City (City will provide list in
writing, as needed)
• Garbage collection route changes*
*Sweeping shall not occur on the same day as garbage pickup in any given area. Contractor shall sweep
on days following garbage pickup, whenever possible. Route changes shall not be allowed without written
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551
authorization from the Public Works Maintenance Manager, or their designee. Should a route change be
approved, Contractor shall be responsible for notifying individual households that are affected in writing at
least two weeks prior to beginning the new schedule.
INTERSECTIONS: Intersections listed below shall be swept twice monthly, paying special attention to
areas of gravel and debris accumulated between through lanes and turn lanes:
• Dublin Boulevard/San Ramon Road
• Dublin Boulevard/Regional Street
• Dublin Boulevard/Golden Gate Drive
• Dublin Boulevard/Amador Plaza Road
• Dublin Boulevard/Village Parkway
• Dublin Boulevard/Dublin Court
• Dublin Boulevard/Sierra Court
• Dublin Boulevard/Dougherty Road
• Dublin Boulevard/Demarcus Boulevard
• Dublin Boulevard/Iron Horse Parkway
• Dublin Boulevard/Arnold Road
• Dublin Boulevard/Hacienda Drive
• Dublin Boulevard/Tassajara Road
• Dublin Boulevard/Fallon Road
• Amador Valley Blvd./San Ramon Road
• Amador Valley Blvd./Regional Street
• Amador Valley Blvd./Village Parkway
• Amador Valley Blvd./Amador Plaza
Road
• Amador Valley Blvd./Dougherty Road
• Dougherty Road/Sierra Lane
• Gleason Drive/Hacienda Drive
• Gleason Drive/Tassajara Road
• Gleason Drive/Fallon Road
• Central Parkway/Hacienda Drive
• Central Parkway/Tassajara Road
• Central Parkway/Fallon Road
• Hacienda Drive/Martinelli Way
• Tassajara/Fallon
PARKING LOTS: Contractor shall provide sweeping services monthly during the same weeks as
Commercial sweeping. Sweeping shall be done after the normal operating hours of the facility so that no
vehicles remain in the parking lot at the time sweeping is done. In the case of parks in residential
neighborhoods (e.g., Alamo Creek Park), sweeping shall be completed no earlier than 8 a.m. to avoid noise
complaints from adjacent residents. Changes to sweeping days and times for all parking lots shall be
approved by the Public Works Maintenance Manager, or their designee.
• Civic Center - 100 Civic Plaza
• Shannon Park/Community Center -11600 Shannon Avenue
• Alamo Creek Park - Dougherty Road and Willow Creek Drive
• Dublin Sports Grounds - Dublin Boulevard next to Civic Center Plaza
• Emerald Glen Park - Gleason Drive at Tassajara Road (3 parking lots, one on Gleason Drive and
two on Central Parkway)
• Senior Center - 7600 Amador Valley Boulevard
• Dublin Heritage Park - 11805 Dublin Boulevard (2 parking lots, one at Heritage Park, one at bank
parking lot on Dublin Boulevard)
• Dougherty Hills Dog Park — Amador Valley Boulevard east of Stagecoach Road
• Fallon Sports Park - (2 parking lots, one on Palermo Way east of Lockhart Street, one on Central
Parkway)
• Public Safety Complex - (2 parking lots, one at 6361 Clark Avenue and one at 6363 Clark Avenue)
• Don Biddle Community Park - (2 parking lots, one on Columbus street, one on Horizon Parkway)
• Dublin Corporation Yard - 5709 Scarlett Court
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EMERGENCY CALLOUTS: Contractor shall provide a 24-hour telephone number and/or a list of
employees, including mobile telephone numbers, who are available for 24-hour emergency callout service.
Fall leaf clean-up shall be billed on an emergency callout basis. Compensation for emergency callouts
shall be on an hourly basis as detailed in Exhibit B, Compensation Schedule.
TERMS:
Calculation of Curb Miles: Curb mileage shall be calculated according to actual street curb miles and not
machine odometer readings. If Consultant and the City disagree on the number of curb miles in a given
area, mileage may be measured and recalculated, but the final determination shall be made by City.
Report Submittal: Contractor shall submit a report with Global Positioning System (GPS) information for
completed routes within the billing dates for each monthly invoice. Contractor shall submit an annual
report, at fiscal year-end, of total curb miles serviced within the fiscal year.
If Contractor identifies a need for increased frequency, miles swept or altered callout hours, Contractor
shall submit a proposal to the Public Works Superintendent, or their designee, and may not perform
additional services without their written approval.
Any streets added to the City during the term of this Agreement, either by new construction or annexation,
shall be swept according to the appropriate schedule, as determined by the Public Works Maintenance
Superintendent, or their designee. The additional cost for sweeping these streets shall be based upon the
per mile cost detailed in Exhibit B. Contractor shall be capable of providing any additional equipment and
personnel needed to sweep potential development or annexation areas for the term of this Agreement.
The City additionally reserves the right to reduce the number of curb miles to be swept within a given year
without incurring an increase in the agreed per -curb -mile cost for that year.
Holidays: If Contractor is unable to perform sweeping services due to a holiday, Contractor must provide
an alternative schedule for streets missed. City shall be advised no later than thirty days in advance of
holidays to be observed by Contractor and shall be provided with a makeup schedule that is no more than
one week later. Once the makeup schedule is established, it shall not be changed without prior written
approval of the City.
Quality of Sweeping: The street sweeper shall leave designated areas of sweeping free of all dirt, litter,
debris, and visual dust.
The Contractor's street sweeper shall leave designated areas free of all dirt, litter, debris, and visual dust
within the control of a fully operational machine. Due to various street widths and configurations throughout
the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper in many
cases, to ensure curb -to -curb coverage of the street. Streets with raised medians (commercial and
residential) shall have the curb -gutter perimeters of each raised median swept, including turnouts. Street -
grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as
part of the sweeping operations, resulting in minimal debris residual or tailings left on the swept surface
following the completion of a pass(es) of the street sweeping machine. No sweeper shall blow debris onto
private property or sidewalks.
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Due to various street configurations and densities of the urban forest throughout the City, when necessary
for proper cleaning, the Contractor shall make more than one pass on a street without extra charge.
Payment will be made for the initial length of curb swept, not the number of passes needed to leave
designated areas free of all dirt, litter, debris, and visual dust within the control of a fully operational
machine.
Re -Sweeps: Those sweeps required of Contractor when previous sweeps have been deemed by City to be
of poor quality, or when a street or sections of a street have been missed by Contractor during regularly
scheduled street sweeping. Re -sweeps are completed at the expense of Contractor and shall be completed
within 24-hours of notice, weather permitting. (from San Mateo County contract).
The Contractor shall immediately respond when notified by the City to re- sweep unsatisfactory areas at no
additional charge. In areas with offset angles, extruded curbs, parking blocks or any areas where street
sweeping equipment has difficulty in maneuvering, the Contractor shall use whatever legal means
necessary to maintain the cleanliness of these areas. These areas are subject to all the terms and
conditions listed in this contract.
Disposal of Sweepings: Contractor shall dispose of all refuse collected by hauling same to legally
established refuse disposal sites or other site approved by the Public Works Superintendent, or their
designee. Refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed
containers, which shall be approved by the Public Works Superintendent, or their designee. If containers
are used, they shall be dumped upon completion of the sweeping cycle. Any residual liquid waste shall be
disposed of properly (e.g., not in the storm drain system).
Water: Contractor shall provide, at their own expense, sufficient water for the street sweeping equipment
necessary to comply with this Agreement and to assure that the curb and gutter are left in a clean condition
and the amount of dust during sweeping is kept to a minimum. Water meters shall be obtained from the
Dublin San Ramon Services District. The cost of water shall be paid by Contractor and included in the unit
costs for various sweeping services. Contractor shall report gallons of water used per route as part of the
monthly invoice reporting. Contractor shall, at no time, complete routes without refill of water reservoir.
Equipment: Equipment not suitable to produce the quality of work required shall not be permitted to
operate on the contract work. All equipment shall be subject to the approval of the Director of Public Works
prior to use. All sweeping equipment shall have appropriate safety markings consisting of all highway
lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State
Vehicle Code, the City of Dublin Noise Ordinance and approved by the Director of Public Works. All
vehicles and equipment used by the Contractor must be clearly identified with the name of the company
and telephone number on each side of the equipment.
Equipment must be maintained and clean at all times; mechanical brushes and brooms shall be maintained
in proper condition and shall be replaced as recommended by the manufacturer or when pick-up ability
becomes repaired.
Age of Vehicles: The age of all streets sweeping equipment shall be no older than six (6) years, unless the
Director of Public Works grants approval.
Page 8 of 12
554
The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.
At all times the Contractor shall properly maintain a minimum of two (2) machine sweepers, both as to
condition and appearance, for use on the work under this contract.
Sweepers must be equipped with mobile radio communications or cellular telephones to the Contractor's
dispatch office, as well as GPS monitoring devices. Contractor will provide the City with access to the GPS
system which allows for the monitoring of each sweeper's current location, as well as previously traveled
locations when requested. Contractor shall provide the City with computer access to program to use GPS
system at no cost.
Equipment Operation: The Contractor shall operate the sweepers between 4 and 5 miles per hour when
sweeping, unless it can be proven the sweeper can operate at a higher speed and still operate efficiently.
Regulatory Compliance: Work, equipment, and methods shall be in compliance with all applicable
California Air Resources Board (CARB), Bay Area Air Quality Management District (BAAQMD) and
National Pollutant Discharge Elimination System (NPDES) regulations and requirements.
Any street sweeping vehicle fluid leaks will be cleaned immediately using all appropriate dry cleaning
methods and properly disposed. Each sweeper provided by the Contractor shall carry a spill kit and the
operator shall be properly trained on how to clean spills. Costs incurred by the City to respond to, clean up,
and/or contain fluid spills from any Contractor's vehicle shall be paid by the Contractor.
Delays in Sweeping Schedule: In the event of delays to the sweeping schedule, Contractor shall notify the
City as soon as possible and provide a makeup schedule satisfactory to the City.
Contractor shall use and furnish at his own expense all labor, equipment, and materials necessary for the
satisfactory performance of the street sweeping and parking lot sweeping work set forth herein. Contractor
shall deploy at a minimum, one vehicle with a back -brush each service day. After sweeping, curbs and
gutters shall be left in a clean condition. A clean condition is defined as the absence of residue in the
streets and gutters upon the completion of the sweeping operation. Sweeping shall include as many
passes as necessary to leave the street in a clean condition. Contractor shall maintain a log that records
dates, times, streets, and miles swept. The log shall be available for inspection by the Public Works
Superintendent, or their designee as soon as possible upon request.
Obstructions: Contractor shall make all possible effort to avoid obstacles while completing a thorough
sweep of streets. It is the responsibility of Contractor to replace and/or repair damaged assets within Public
Right -of -Way. Contractor shall notify City of issues of concern where obstructions are in the way of
completing work.
Handling of Customer Complaints: Contractor, at the direction of City, shall reach out to residents to
address complaints within the same business day reported. Contractor shall follow up with City to report on
any and all resolutions to complaints and concerns.
Page 9 of 12
555
Performance: If at any time City feels the performance of Contractor is not meeting the needs of its
residents and business community, City shall bring this to the attention of the Company President for
immediate resolution.
The Contractor shall furnish copies of valid commercial driver licenses for all operators assigned to the City,
whether permanently or temporarily assigned.
Page 10 of 12
556
EXHIBIT B
COMPENSATION SCHEDULE
Annual Street Sweeping Quantities
Item description
Residential Street Sweeping (2x monthly)
Commercial Street Sweeping (2x monthly except
for Nov and Dec which are 4x monthly)
Intersections (28 intersections at 2x monthly
except for Nov and Dec which are 4x monthly)
Callouts (Includes Special Events and additional
fall leaf season cleanup) Minimum 2 hours
Parking Lots (18 lots at 1x monthly)
Additional Curb Miles (120 curb miles
maximum/year — to be billed only with prior written
permission by City)
Totals
Unit
Curb
mile
Curb
mile
Each
Hours
Each
Curb
mile
Est. Unit Price Year 4
Quantities FY2023/2024
Total Price
Year 4
FY2023/2024
5,800 $32.51 $188,550
2,650 $32.51 $86,151
784 $5.46 $4,281
150 $109.27 $16,391
216 $54.64 $11,802
120 $32.51 $3,901
$311,076
The above chart lists estimates for FY 2023-24. Assuming an average of 120 new curb miles added annually, as
well as a maximum 3% CPI increase, a contract not to exceed amount for prior three years and additional two
years is as follows:
Year 1 - FY2020/2021
Year 2 - FY2021/2022
Year 3 - FY2022/2023
Year 4 - FY2023/2024
Year 5 - FY2024/2025
Total
$277,163
$289,048
$301,289
$311,076
$320,454
$1,499,030
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal Year
(July 1 — June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance
Superintendent, or their designee. Any such annual increase shall be calculated based on the Bay Area Consumer
Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Note that quantities shown are projected amounts for Fiscal Year 2023-2024and are not necessarily the exact
amount to be swept. Street Sweeping services will be paid for based on actual quantities of the unit of measure
of the associated bid item.
When requesting callout services, the City shall provide Contractor with the number of hours required. If not
provided, a one hour minimum shall be assumed.
Page 11 of 12
557
Invoices shall be submitted electronically to: pwinvoices(a dublin.ca.gov no more than once monthly and as work
is completed.
Page 12 of 12
558
AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT BETWEEN THE
CITY OF DUBLIN AND
UNIVERSAL BUILDING SERVICES AND SUPPLY CO.
WHEREAS, on July 1, 2020, the City of Dublin (hereinafter referred to as
"CITY") and Universal Building Services and Supply Co. (hereinafter referred to as
CONTRACTOR) entered into a Contracting Services Agreement for Carpet Cleaning
and Window Cleaning services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2023; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to extend the term through June 30, 2025 by modifying section 1.1 of the
Agreement, to increase the not to exceed compensation amount to $427,634 by
modifying Section 2 of the Agreement, and update the scope of work and compensation
schedule by modifying Exhibit A and Exhibit B of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on June 30, 2025, and Consultant shall complete the work
described in Exhibit A on or before that date, unless the term of the Agreement is
otherwise terminated or extended, as provided for in Section 8. The time provided
to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing this Agreement may be extended on a month to
month basis for up to 6 months upon the written consent of the Consultant and
the City Manager, provided that: a) sufficient funds have been appropriated for
such purchase, b) the price charged by the Consultant for the provision of the
serves described in Exhibit A does not increase. None of the foregoing shall
affect the City's right to terminate the Agreement as provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not
to exceed $427,634, notwithstanding any contrary indications that may be
contained in the Consultant's proposal, for services to be performed and
reimbursable costs incurred under his Agreement. In the event of a conflict
between this Agreement and the Consultant's proposal, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner set forth herein.
Consultant shall submit all invoices to City in the manner specified herein. Except
Page 1 of 11
559
as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
3) Exhibit A, the scope of services shall be rescinded in its entirety and replaced,
attached hereto and incorporated herein as Exhibit A.
4) Exhibit B, the compensation schedule shall be rescinded in its entirety and
replaced, attached hereto and incorporated herein as Exhibit B.
5) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
6) All requisite insurance policies to be maintained by the Consultant pursuant to
the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it
on behalf of Consultant each represent and warrant that they have the legal
power, right and actual authority to bind Consultant to the terms and conditions of
this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 11
560
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN UNIVERSAL BUILDING SERVICES
AND SUPPLY CO.
Ir/ DocuSigned
jby:
�A�Lto S[� isLG —I y L�y
By: By: F8F63B24D7C24DF..
Linda Smith, City Manager Dario uevincenzi, Operations Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Page 3 of 11
561
EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall provide qualified personnel, transportation and supplies necessary to perform carpet
cleaning services for twelve (12) City facilities, window cleaning services at eight (8) City facilities, and
upholstery cleaning upon request.
CARPET CLEANING SERVICES
LOCATION FREQUENCY
1. City Hall —100 Civic Center
Regional Meeting Room: 1,150sf every month
Area A: 2,622sf Administration Wing 1st floor main hallway, staircases,
2nd floor main hallways (outside Finance & City Manager's Office) & every month
staircases.
Area B: 4730sf - Internal corridors & traffic areas, Administration Wing. Aug, Nov, Feb, May
Council Chambers (Floor Only): 500sf Aug, Feb
Chamber Seating Area (Floor Only): 2,000sf Feb
2. Cultural Arts Center —100 Civic Center
First Floor Carpet Areas including staircases: 420sf every month
Second Floor Carpet Areas: 4,322sf Aug, Nov, Feb, May
3. Library — 200 Civic Center
Community Room: 1,600sf
Main Library / Virginia Bennet Room: 14,150sf
Program Room: 575sf
4. Dublin Senior Center — 7600 Amador Valley Boulevard
All Carpet Areas: 4,405sf
5. Shannon Community Center —11600 Shannon Avenue
Area A: 7,610sf - Ballroom (must be cleaned using dry extraction, with
spot treatment at every cleaning), classroom, lobby & hallway.
Area B: 1,035sf - Offices
6. Fire Station 16 — 7494 Donohue Drive*
All Carpet Areas: 2,260sf Apr
7. Fire Station 17 — 6200 Madigan Avenue*
All Carpet Areas: 3,480sf Apr
Page 4 of 11
Jul, Sep, Nov, Jan, Mar, May
Sep, Jan, May
Sep, Jan, May
Jul, Sep, Nov, Jan, Mar, May
every month
Aug, Oct, Dec, Feb, Apr, Jun
562
8. Fire Station 18 - 4800 Fallon Road*
All Carpet Areas: 1,980sf
9. Dublin Heritage Center & Museum — 6600 Donlon Way*
All Carpet Areas: 600sf
10. The WAVE Aquatic Park — 4201 Central Parkway*
Area A: 4,504sf - Multi -purpose room, lobby & hallway.
Area B: 1,800sf - Offices
11. Corporation Yard - 5709 Scarlett Court*
All Carpet Areas: 1,800sf
12. Public Safety Complex (Police Services) — 6361 Clark Avenue*
All Carpet Areas: 12,055sf
Main Foot Traffic Areas: 4,600sf
Apr
Oct, May
every month
Aug, Oct, Dec, Feb, Apr, Jun
Apr, Dec
Sep, Mar
Dec, Jun
*Cleanings at these locations shall be coordinated by staff with Contractor.
WINDOW CLEANING SERVICES
LOCATION FREQUENCY
1. Civic Center —100 Civic Center (Both Wings)
All exterior perimeter windows
All interior windows, atrium & partition glass
Lobby (both wings) - Interior and exterior
Atrium (hallway) — Exterior or Interior
2. Library — 200 Civic Center
All exterior perimeter windows -exterior only
All interior windows & partition glass
Atrium hi -bay circular windows
Entrance lobby glass doors
3. Shannon Community Center —11600 Shannon Avenue
Perimeter windows - Exterior only
Perimeter windows - Interior only
Interior partitions and doors
4. Dublin Senior Center — 7600 Amador Valley Boulevard
Perimeter windows - Exterior only
Perimeter windows - Interior only
5. Dublin Heritage Center — 6600 Donlon Way
Museum - Interior and exterior
Page 5 of 11
May & October
October
September & March
Upon Request
Feb, Jun, Sep, Dec
October
October
Feb, Jun, Sep, Dec
Feb, Jun, Oct
June
June
April & October
October
September
563
Church - Interior and exterior
Kolb House - Interior and exterior
School Barn - Interior and exterior
Public Restroom Building - Interior and exterior
Art Studio - Interior and exterior
6. The WAVE Aquatic Park — 4201 Central Parkway
Perimeter windows - Exterior only
Perimeter windows - Interior only
Natatorium windows (second story) - Interior and exterior
Lobby lower windows - Interior and exterior
7. Public Safety Complex (Police Services)— 6361 Clark Avenue
Perimeter windows - Exterior only
Perimeter windows - Interior only
8. Corporation Yard — 5709 Scarlett Court
Perimeter windows - Exterior only
Perimeter windows - Interior only
CONTRACTOR REQUIREMENTS
September
September
September
September
September
May, Jun, Sep, Jan
May, Jun, Sep, Jan
October & March
Upon Request
June
June
June
June
1. Upon the City of Dublin's request, the contractor shall provide Safety Data Sheets (SDS) for all
chemicals used.
2. Contractor shall provide all personnel, uniforms, tools, equipment, parts, records/logs, rags,
cleaning chemicals, etc., necessary to perform the services described. All other
materials/supplies required to perform this service, and not otherwise mentioned, shall be
provided by the Contractor at his/her expense.
3. Contractor shall adhere to all current state and local water use restrictions & regulations.
4. Window Cleaning shall be performed on site during regular business hours, between 8:00 AM
and 5:00 PM on weekdays, unless it causes a disruption to the City of Dublin employees or the
City's ability to serve the community or presents a safety hazard/disruption to others.
5. Contractor shall be responsible for all damage which occurs to City property while performing
services, regardless of whether the damage is to an item(s) being cleaned or to other item(s) in
and around the unit where services are being performed.
6. Contractor is not allowed to subcontract work to a third party once a service contract
agreement has been approved.
7. Contractor is responsible for maintaining a safe work area which includes installing safety
barricades and signs to warn the public.
CONTRACTOR PERSONNEL REQUIREMENTS
1. Contractor shall assign a sufficient number of trained & experienced employees to perform the
required service. Contractor shall designate one (1) employee as principal with full
responsibility for directing the entire crew. Each principal shall be authorized to act for the
Contractor in every detail.
2. Contractor shall furnish and require every on -duty employee to wear a company shirt or a
visible photo identification badge identifying employee by name.
Page 6 of 11
564
3. All assigned personnel are subject to a criminal history records check performed using Live
Scan. Government fees are required for the State (DOJ) and Federal (FBI) level criminal
history record checks. Contractor is responsible for the fee to perform such records search. A
$45 application per personnel is required to perform a formal criminal history records check.
Should an employee not pass the criminal history records check; a refund will not be provided.
4. All assigned personnel must have all the proper safety training, and equipment operator
certificates to meet the minimum requirements of Cal OSHA.
Page 7 of 11
565
EXHIBIT B
COMPENSATION SCHEDULE
CARPET CLEANING SERVICES
LOCATION FREQUENCY
ANNUAL COST
FY23/24
1. City Hall —100 Civic Center
Regional Meeting Room: 1,150sf
Area A: 2,622sf — Administration Wing 1st floor main hallway,
staircases, 2nd floor main hallways (outside Finance & City Manager's every month
Office) & staircases.
Area B: 4730sf - Internal corridors & traffic areas, Administration Wing. Aug, Nov, Feb, May
Council Chambers (Floor Only): 500sf Aug, Feb
Chamber Seating Area (Floor Only): 2,000sf Feb
2. Cultural Arts Center —100 Civic Center
First Floor Carpet Areas including staircases: 420sf every month
Second Floor Carpet Areas: 4,322sf Aug, Nov, Feb, May
3. Library — 200 Civic Center
Community Room: 1,600sf
Main Library / Virginia Bennet Room: 14,150sf
Program Room: 575sf
4. Dublin Senior Center — 7600 Amador Valley Boulevard
All Carpet Areas: 4,405sf
5. Shannon Community Center —11600 Shannon Avenue
Area A: 7,610sf - Ballroom (must be cleaned using dry extraction, with
spot treatment at every cleaning), classroom, lobby & hallway.
Area B: 1,035sf - Offices
6. Fire Station 16 — 7494 Donohue Drive
All Carpet Areas: 2,260sf Apr
7. Fire Station 17 — 6200 Madigan Avenue*
All Carpet Areas: 3,480sf Apr
8. Fire Station 18 - 4800 Fallon Road*
All Carpet Areas: 1,980sf Apr
Page 8 of 11
every month
$2,256
$5,144
$3,093
$164
$613
$824
$2,827
Jul, Sep, Nov, Jan, Mar, May $1,570
Sep, Jan, May $6,941
Sep, Jan, May $282
Jul, Sep, Nov, Jan, Mar, May $4,321
every month
Aug, Oct, Dec, Feb, Apr, Jun
$14,931
$1,015
$370
$569
$324
566
9. Dublin Heritage Center & Museum — 6600 Donlon Way*
All Carpet Areas: 600sf
10. The WAVE Aquatic Park — 4201 Central Parkway*
Area A: 4,504sf - Multi -purpose room, lobby & hallway.
Area B: 1,800sf - Offices
11. Corporation Yard - 5709 Scarlett Court*
All Carpet Areas: 1,800sf
12. Public Safety Complex (Police Services) — 6361 Clark Avenue*
All Carpet Areas: 12,055sf
Main Foot Traffic Areas: 4,600sf
Oct, May
$196
every month $8,837
Aug, Oct, Dec, Feb, Apr, Jun $1,766
Apr, Dec
Sep, Mar
Dec, Jun
*Cleanings at these locations shall be coordinated by staff with Contractor.
FY2023/2024 Rates:
• Council Chamber Seating Area is billed at $0.3063/sf.
• All other locations billed at $0.1635/sf.
Page 9 of 11
$589
$3,942
$1,504
567
WINDOW CLEANING SERVICES
LOCATION FREQUENCY
Annual Cost
FY23/24
1. Civic Center —100 Civic Center (Both Wings)
All exterior perimeter windows
All interior windows, atrium & partition glass
Lobbies (both wings) - Interior and exterior
Atrium (hallway) — Interior
Atrium (hallway) — Exterior
2. Library — 200 Civic Center
All exterior perimeter windows -exterior only
All interior windows & partition glass
Atrium hi -bay circular windows
Entrance lobby glass doors
May & October
October
September & March
Upon Request
Upon Request
Feb, Jun, Sep,
October
October
Feb, Jun, Sep,
3. Shannon Community Center —11600 Shannon Avenue
Perimeter windows - Exterior only Feb, Jun, Oct
Perimeter windows - Interior only June
Interior partitions and doors June
4. Dublin Senior Center — 7600 Amador Valley Boulevard
Perimeter windows - Exterior only April & October $654
Perimeter windows - Interior only October $436
5. Dublin Heritage Center — 6600 Donlon Way
Museum - Interior and exterior September
Church - Interior and exterior September
Kolb House - Interior and exterior September
School Barn - Interior and exterior September
Public Restroom Building - Interior and exterior September
Art Studio - Interior and exterior September
6. The WAVE Aquatic Park — 4201 Central Parkway
$2,616
$2,616
$436
$1,308
$436
Dec $2,616
$872
$218
Dec $436
Perimeter windows - Exterior only
Perimeter windows - Interior only
Natatorium windows (second story) - Interior
and exterior
May, Jun, Sep, Jan
May, Jun, Sep, Jan
October & March
Lobby lower windows - Interior and exterior Upon Request
7. Public Safety Complex (Police Services)— 6361 Clark Avenue
Perimeter windows - Exterior only
Perimeter windows - Interior only
8. Corporation Yard — 5709 Scarlett Court
Perimeter windows - Interior and Exterior
Page 10 of 11
June
June
June
$1,635
$545
$109
$273
$109
$218
$55
$55
$218
$3,488
$3,488
$1,962
$218
$556
$545
$109
568
Window Carpet
Cleaning Cleaning
Year 1
(FY20/21) $24,060 $50,799
Year 2
(FY21/22) $24,782 $52,323
Year 3
FY22/23) $25,525 $53,893
Year 4
(FY23/24) $26,225 $62,076
Year 5
(FY24/25) $27,012 $63,939
Total $127,604 $283,030
Carpet,
Window,
Upholstery,
Contingency
Annual
Estimated
Total
$3,000 $77,859
$3,000 $80,105
$3,000 $82,418
$4,000 $92,301
$4,000 $94,951
$17,000 $427,634
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal Year
(July 1 — June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance Manager,
or their designee. Any such annual increase shall be calculated based on the Bay Area Consumer Index Rate
(CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: pwinvoices(c�dublin.ca.gov no more than once monthly and as work
is completed.
Page 11 of 11
569
Attachment 3
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CONTRACT SWEEPING SERVICES
THIS AGREEMENT for street sweeping services is made by and between the City of Dublin
("City") and Contract Sweeping Services ("Contractor") (together sometimes referred to as the "Parties") as
of July 1, 2020 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 Public Works Contractor Registration. Because the services described in Exhibit A
include "work performed during the design and preconstruction phases of construction
including, but not limited to, inspection and land surveying work," the services constitute a
public works within the definition of Section 1720(a)(1) of the California Labor Code. As a
result, Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit C.
Services Agreement between
City of Dublin and Contract Sweeping Services
July 1, 2020
Page 1 of 15
570
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed EIGHT
HUNDRED SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($867,500), notwithstanding any
contrary indications that may be contained in Contractor's proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and
Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Contractor
for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for
duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
• The dates of service provided at each facility;
■ Daily logs of total hours worked by each individual performing work under this
Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
Services Agreement between
City of Dublin and Contract Sweeping Services
July 1, 2020
Page 2 of 15
571
o If this Agreement covers multiple tasks, all hours must also be logged by
task
o A brief description of the work
■ The Contractor's signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.6 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.9 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
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The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
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c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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July 1, 2020
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4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
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July 1, 2020
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Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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July 1, 2020
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
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July 1, 2020
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Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
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July 1, 2020
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above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 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
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
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July 1, 2020
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10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Contract Sweeping Services, Inc.
Attn: Joe Vella, President
760 E Capitol Avenue
Milpitas, CA 95035
Any written notice to City shall be sent to:
City of Dublin
Att: Dean McDonald, Public Works Maintenance Superintendent
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
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July 1, 2020
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Exhibit A
Exhibit B
Exhibit C
Scope of Services
Compensation Schedule
Conflict of Interest Statement
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
City of Dublin and Contract Sweeping Services
July 1, 2020
Page 14 of 15
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et-...-Lcrrc.ra._.
Linda Smith, City Manager
Attest:
rDocuSigned by:
Marsha Moore, City Clerk
Approved as to Form:
DocuSigned by:
, ,_______
1 D33Q 9E3EfiB"
John Bakker, City Attorney
3070365.1
Services Agreement between
City of Dublin and Contract Sweeping Services
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN
CONTRACT SWEEPING SERVICES, INC.
DocuSigned by: � DocuSigned by:
Joe Vella, President
July 1, 2020
Page 15 of 15
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide City with street sweeping services for residential and commercial streets,
intersections, parking lots, as well as emergency callout service.
SWEEPING CATEGORIES AND LOCATIONS:
COMMERCIAL STREETS: The following commercial streets, including all medians, shall be treated as
residential streets (swept twice per month) for the purpose of this Agreement: Dublin Court, Sierra Lane,
Sierra Court, Civic Plaza, Trinity Court, Houston Place and Central Parkway. These commercial streets
shall be swept at a time agreed upon by City, as to avoid noise complaints from adjacent residents.
The following commercial streets, including all medians, shall be swept twice monthly, from January
through October and four times monthly for the months of November and December. The following streets
are defined as commercial streets:
• Altamirano Avenue (Arnold Road to BART parking lot)
• Amador Plaza Road (Amador Valley Boulevard to southerly end)
• Amador Valley Boulevard (Village Parkway to westerly end)
• Arnold Road (Altamirano Avenue to Gleason Drive)
• Campbell Lane (Dublin Boulevard to Demarcus Boulevard)
• Clark Avenue (Village Parkway to Dublin Boulevard)
• Demarcus Boulevard (Iron Horse Parkway to Dublin Boulevard)
• Dougherty Road (1-580 to Northerly City Limit, including a pass through the painted median areas)
• Dublin Boulevard. (Schaefer Ranch Road to Fallon Road)
• Fallon Road (Tassajara Road to 1-580)
• Gleason Drive (Arnold Road to Fallon Road)
• Golden Gate Drive (Dublin Boulevard to southerly end)
• Hacienda Drive (1-580 to Gleason Drive)
• Iron Horse Parkway (Demarcus Boulevard to Dublin Boulevard)
• John Monego Court (Dublin Boulevard to southerly end)
• Lewis Avenue (Village Parkway to Portage Road)
• Martinelli Way (Hacienda Drive to Iron Horse Parkway)
• Regional Street (Amador Valley Boulevard to south end)
• Saint Patrick Way (Amador Plaza Road to Golden Gate Drive)
• San Ramon Road (1-580 to Alcosta Boulevard)
• Scarlett Court (Dublin Boulevard to east end)
• Scarlett Drive (Dublin Boulevard to Scarlett Court)
• Tassajara Road (1-580 to Cydonia Court)
• Village Parkway (Clark Avenue to Amador Valley Boulevard)
Any portion of the above streets which are not within the limits above shall be defined as a residential street
and shall be swept in accordance with Residential Street Sweeping provisions.
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RESIDENTIAL STREETS: The City is divided into seven residential sweeping zones. Residential street
sweeping shall be performed twice monthly. In addition, center medians within the limits specified shall
also be swept twice monthly. Residential sweeping shall commence no earlier than 8 a.m. so to avoid
noise complaints from adjacent residents, except for streets located adjacent to identified schools which
require sweeping at 6 a.m.
The City may agree to modify sweeping zones provided the following conditions:
• To allow for the addition of new street segments as accepted by the City (City will provide list in
writing, as needed)
• Garbage collection route changes*
*Sweeping shall not occur on the same day as garbage pickup in any given area. Contractor shall sweep
on days following garbage pickup, whenever possible. Route changes shall not be allowed without written
authorization from the Public Works Maintenance Superintendent, or their designee. Should a route
change be approved, Contractor shall be responsible for notifying individual households that are affected in
writing at least two weeks prior to beginning the new schedule.
INTERSECTIONS: intersections listed below shall be swept twice monthly, paying special attention to
areas of gravel and debris accumulated between through lanes and turn lanes:
• Dublin Boulevard/San Ramon Road
• Dublin Boulevard/Regional Street
• Dublin Boulevard/Golden Gate Drive
• Dublin Boulevard/Amador Plaza Road
• Dublin Boulevard/Village Parkway
• Dublin Boulevard/Dublin Court
• Dublin Boulevard/Sierra Court
• Dublin Boulevard/Dougherty Road
• Dublin Boulevard/Demarcus Boulevard
• Dublin Boulevard/Iron Horse Parkway
• Dublin Boulevard/Arnold Road
• Dublin Boulevard/Hacienda Drive
• Dublin Boulevard/Tassajara Road
• Dublin Boulevard/Fallon Road
• Amador Valley Blvd./San Ramon Road
• Amador Valley Blvd./Regional Street
• Amador Valley Blvd./Village Parkway
• Amador Valley Blvd./Amador Plaza
Road
• Amador Valley Blvd./Dougherty Road
• Dougherty Road/Sierra Lane
• Gleason Drive/Hacienda Drive
• Gleason Drive/Tassajara Road
• Gleason Drive/Fallon Road
• Central Parkway/Hacienda Drive
• Central Parkway/Tassajara Road
• Central Parkway/Fallon Road
• Hacienda Drive/Martinelli Way
• PARKING LOTS: Contractor shall provide sweeping services twice monthly during the same
weeks as residential sweeping. Sweeping shall be done after the normal operating hours of the
facility so that no vehicles remain in the parking lot at the time sweeping is done. In the case of
parks in residential neighborhoods (e.g., Alamo Creek Park and Shannon Park), sweeping shall
be completed no earlier than 8 a.m. to avoid noise complaints from adjacent residents. Changes
to sweeping days and times for all parking lots shall be approved by the Public Works
Maintenance Superintendent, or their designee.
• Civic Center -100 Civic Plaza
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• Shannon Park/Community Center -11600 Shannon Avenue
• Alamo Creek Park - Dougherty Road and Willow Creek Drive
• Dublin Sports Grounds - Dublin Boulevard next to Civic Center Plaza
• Emerald Glen Park, Gleason Drive at Tassajara Road (3 parking lots, one on Gleason Drive and
two on Central Parkway)
• Senior Center, 7600 Amador Valley Boulevard
• Dublin Heritage Park 11805 Dublin Boulevard (2 parking lots, one at Heritage Park, one at bank
parking lot on Dublin Boulevard
• Dougherty Hills Dog Park — Amador Valley Boulevard east of Stagecoach Road
• Fallon Sports Park (2 parking lots, one on Palermo Way, east of Lockhart Street and one on
Central Parkway)
• Public Safety Complex (2 parking lots, one at 6361 Clark Avenue and one at 6363 Clark Avenue)
EMERGENCY CALLOUTS: Contractor shall provide a 24-hour telephone number and/or a list of
employees, including mobile telephone numbers, who are available for 24-hour emergency callout service.
Fall leaf clean-up shall be billed on an emergency callout basis. Compensation for emergency callouts
shall be on an hourly basis as detailed in Exhibit B, Compensation Schedule.
TERMS:
Calculation of Curb Miles: Curb mileage shall be calculated according to actual street curb miles and not
machine odometer readings. If Consultant and the City disagree on the number of curb miles in a given
area, mileage may be measured and recalculated, but the final determination shall be made by City.
Report Submittal: Contractor shall submit a report with Global Positioning System (GPS) information for
completed routes within the billing dates for each monthly invoice. Contractor shall submit an annual
report, at fiscal year-end, of total curb miles serviced within the fiscal year.
If Contractor identifies a need for increased frequency, miles swept or altered callout hours, Contractor
shall submit a proposal to the Public Works Superintendent, or their designee, and may not perform
additional services without their written approval.
Any streets added to the City during the term of this Agreement, either by new construction or annexation,
shall be swept according to the appropriate schedule, as determined by the Public Works Maintenance
Superintendent, or their designee. The additional cost for sweeping these streets shall be based upon the
per mile cost detailed in Exhibit B. Contractor shall be capable of providing any additional equipment and
personnel needed to sweep potential development or annexation areas for the term of this Agreement.
The City additionally reserves the right to reduce the number of curb miles to be swept within a given year
without incurring an increase in the agreed per -curb -mile cost for that year.
Holidays: If Contractor is unable to perform sweeping services due to a holiday, Contractor must provide
an alternative schedule for streets missed. City shall be advised no later than thirty days in advance of
holidays to be observed by Contractor and shall be provided with a makeup schedule that is no more than
one week later. Once the makeup schedule is established, it shall not be changed without prior written
approval of the City.
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Quality of Sweeping: The street sweeper shall leave designated areas of sweeping free of all dirt, litter,
debris, and visual dust.
The Contractor's street sweeper shall leave designated areas free of all dirt, litter, debris, and visual dust
within the control of a fully operational machine. Due to various street widths and configurations throughout
the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper in many
cases, to ensure curb -to -curb coverage of the street. Streets with raised medians (commercial and
residential) shall have the curb -gutter perimeters of each raised median swept, including turnouts. Street -
grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as
part of the sweeping operations, resulting in minimal debris residual or tailings left on the swept surface
following the completion of a pass(es) of the street sweeping machine. No sweeper shall blow debris onto
private property or sidewalks.
Due to various street configurations and densities of the urban forest throughout the City, when necessary
for proper cleaning, the Contractor shall make more than one pass on a street without extra charge.
Payment will be made for the initial length of curb swept, not the number of passes needed to leave
designated areas free of all dirt, litter, debris, and visual dust within the control of a fully operational
machine.
Re -Sweeps — Those sweeps required of Contractor when previous sweeps have been deemed by City to
be of poor quality, or when a street or sections of a street have been missed by Contractor during regularly
scheduled street sweeping. Re -sweeps are completed at the expense of Contractor and shall be completed
within 24-hours of notice, weather permitting. (from San Mateo County contract).
The Contractor shall immediately respond when notified by the City to re- sweep unsatisfactory areas at no
additional charge. In areas with offset angles, extruded curbs, parking blocks or any areas where street
sweeping equipment has difficulty in maneuvering, the Contractor shall use whatever legal means
necessary to maintain the cleanliness of these areas. These areas are subject to all the terms and
conditions listed in this contract.
Disposal of Sweepings: Contractor shall dispose of all refuse collected by hauling same to legally
established refuse disposal sites or other site approved by the Public Works Superintendent, or their
designee. Refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed
containers, which shall be approved by the Public Works Superintendent, or their designee. If containers
are used, they shall be dumped upon completion of the sweeping cycle. Any residual liquid waste shall be
disposed of properly (e.g., not in the storm drain system).
Water: Contractor shall provide, at their own expense, sufficient water for the street sweeping equipment
necessary to comply with this Agreement and to assure that the curb and gutter are left in a clean condition
and the amount of dust during sweeping is kept to a minimum. Water meters shall be obtained from the
Dublin San Ramon Services District. The cost of water shall be paid by Contractor and included in the unit
costs for various sweeping services. Contractor shall report gallons of water used per route as part of the
monthly invoice reporting. Contractor shall, at no time, complete routes without refill of water reservoir.
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Equipment: Equipment not suitable to produce the quality of work required shall not be permitted to
operate on the contract work. All equipment shall be subject to the approval of the Director of Public Works
prior to use. All sweeping equipment shall have appropriate safety markings consisting of all highway
lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State
Vehicle Code, the City of Dublin Noise Ordinance and approved by the Director of Public Works. All
vehicles and equipment used by the Contractor must be clearly identified with the name of the company
and telephone number on each side of the equipment.
Equipment must be maintained and clean at all times; mechanical brushes and brooms shall be maintained
in proper condition and shall be replaced as recommended by the manufacturer or when pick-up ability
becomes repaired.
Aqe of Vehicles: The age of all streets sweeping equipment shall be no older than six (6) years, unless the
Director of Public Works grants approval.
The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.
At all times the Contractor shall properly maintain a minimum of two (2) machine sweepers, both as to
condition and appearance, for use on the work under this contract.
Sweepers must be equipped with mobile radio communications or cellular telephones to the Contractor's
dispatch office, as well as GPS monitoring devices. Contractor will provide the City with access to the GPS
system which allows for the monitoring of each sweeper's current location, as well as previously traveled
locations when requested. Contractor shall provide the City with computer access to program to use GPS
system at no cost.
Equipment Operation: The Contractor shall operate the sweepers between 4 and 5 miles per hour when
sweeping, unless it can be proven the sweeper can operate at a higher speed and still operate efficiently.
Regulatory Compliance: Work, equipment, and methods shall be in compliance with all applicable
California Air Resources Board (CARB), Bay Area Air Quality Management District (BAAQMD) and
National Pollutant Discharge Elimination System (NPDES) regulations and requirements.
Any street sweeping vehicle fluid leaks will be cleaned immediately using all appropriate dry cleaning
methods and properly disposed. Each sweeper provided by the Contractor shall carry a spill kit and the
operator shall be properly trained on how to clean spills. Costs incurred by the City to respond to, clean up,
and/or contain fluid spills from any Contractor's vehicle shall be paid by the Contractor.
Delays in Sweeping Schedule: In the event of delays to the sweeping schedule, Contractor shall notify the
City as soon as possible and provide a makeup schedule satisfactory to the City.
Contractor shall use and furnish at his own expense all labor, equipment, and materials necessary for the
satisfactory performance of the street sweeping and parking lot sweeping work set forth herein. Contractor
shall deploy at a minimum, one vehicle with a back -brush each service day. After sweeping, curbs and
gutters shall be left in a clean condition. A clean condition is defined as the absence of residue in the
streets and gutters upon the completion of the sweeping operation. Sweeping shall include as many
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passes as necessary to leave the street in a clean condition. Contractor shall maintain a log that records
dates, times, streets, and miles swept. The log shall be available for inspection by the Public Works
Superintendent, or their designee as soon as possible upon request.
Obstructions: Contractor shall make all possible effort to avoid obstacles while completing a thorough
sweep of streets. It is the responsibility of Contractor to replace and/or repair damaged assets within Public
Right -of -Way. Contractor shall notify City of issues of concern where obstructions are in the way of
completing work.
Handling of Customer Complaints: Contractor, at the direction of City, shall reach out to residents to
address complaints within the same business day reported. Contractor shall follow up with City to report on
any and all resolutions to complaints and concerns.
Performance: If at any time City feels the performance of Contractor is not meeting the needs of its
residents and business community, City shall bring this to the attention of the Company President for
immediate resolution.
The Contractor shall furnish copies of valid commercial driver licenses for all operators assigned to the City,
whether permanently or temporarily assigned.
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Item description Unit
EXHIBIT B
COMPENSATION SCHEDULE
Annual Street Sweeping Quantities
Est. Unit
Quantities Price
Total Price
Residential Street Sweeping (2x Curb
monthly) mile 5,800 $29.75 $172,550.00
Commercial Street Sweeping (2x
monthly except for Nov and Dec Curb
which are 4x monthly) mile 2,650 $29.75 $78,837.50
Intersections Each 655 $5.00 $3,275.00
Callouts (Includes Special Events
and additional fall leaf season
cleanup) Minimum 2 hours Hours 150 $100.00 $15,000.00
Parking Lots Each 150 $50.00 $7,500.00
Totals $277,162.50
The above chart lists estimates for FY 2020-21, totaling $277,163. Assuming an average of 120 new curb
miles added annually, as well as a 3% CPI increase, a contract not to exceed amount for three years would
be approximately $867,500.
Year 1 $277,163
Year 2 $289,048
Year 3 $301,289
Total $867,500
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1 — June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance
Superintendent, or their designee. Any such annual increase shall be calculated based on the Bay Area
Consumer Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Note that quantities shown are projected amounts for Fiscal Year 2020-2021 and are not necessarily the
exact amount to be swept. Street Sweeping services will be paid for based on actual quantities of the unit of
measure of the associated bid item.
When requesting callout services, the City shall provide Contractor with the number of hours required. If not
provided, a one hour minimum shall be assumed.
Invoices shall be submitted electronically to: pwinvoices a(�.dublin.ca.gov no more than once monthly and as
work is completed.
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EXHIBIT C
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin's Conflict of Interest requirements as specified in
the City's RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a
potential conflict of interest with the work on this project. Consultant agrees that, for the term of this
agreement, no member, officer or employee of the City of Dublin, or a public body within Alameda County
or member of delegate to the Congress of the United States, during his/her tenure of for one year
thereafter, shall have any direct interest in the contacts or any direct or material benefit arising therefrom
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
UNIVERSAL BUILDING SERVICES AND SUPPLY CO.
THIS AGREEMENT for carpet cleaning and window services is made by and between the City of
Dublin ("City") and Universal Building Services and Supply Co. ('Contractor") (together sometimes referred
to as the 'Parties') as of July 1, 2020 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 Reserved
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
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as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5_ Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed TWO
HUNDRED FOURTY THOUSAND THREE HUNDRED EIGHTY-TWO DOLLARS ($240,382)
notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not
bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
• The dates of service provided at each facility;
■ Daily logs of total hours worked by each individual performing work under this
Agreement
❑ Hours must be logged in increments of quarter hour
o If this Agreement covers multiple tasks or locations, all hours must also be
logged by task or location
❑ A brief description of the work
• The Contractor's signature;
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Reserved
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
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in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR 15 ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
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Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
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4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 6 of 15
598
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall fumish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 7 of 15
599
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 8 of 15
600
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another govemmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 9 of 15
601
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 10 of 15
602
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 11 of 15
603
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10.
MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 12 of 15
604
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution fora violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Universal Building Services and Supply, Co.
Att: Dario DeVincenzi
3120 Pierce Street
Richmond, CA 94804
Any written notice to City shall be sent to:
City of Dublin
Att: Dean McDonald
100 Civic Plaza
Dublin, CA 94568
10.10 Inteqration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A. B. and C represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A
Exhibit B
Exhibit C
Scope of Services
Compensation Schedule & Reimbursable Expenses
Conflict of Interest Statement
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 13 of 15
605
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 14 of 15
606
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN UNIVERSAL BUILDING SERVICES AND SUPPLY CO.
[ZZ,
raed by:
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Linaa 5mitn, city Manager
Attest:
DacuSigned by:
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Marsha Moore, City Clerk
Approved as to Form:
DacuSigned by:
4633BDE?E6D8453---
John Bakker, City Attorney
3070365.1
DacuSigned by:
O Ve-Uwalt,,i
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Dario DeVincenzr, Operations Manager
Services Agreement between
City of Dublin and Universal Building Services, Inc.
July 1, 2020
Page 15 of 15
607
EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall provide qualified personnel, transportation and supplies necessary to perform carpet
cleaning services for eleven (11) City facilities and window cleaning services at eight (8) City facilities.
CARPET CLEANING SERVICES
LOCATION 1: Dublin Civic Center -100 Civic Plaza
Regional Meeting Area A Area B Area C Council Chambers Chamber Seating
Schedule Room 2,622sf 4,730sf 1,748sf
Floor Only Floor Only
1,150sf 500sf 2,000sf
July X X
August X X X X
September X X
October X X
November X X X
December X X
January X X
February X X X X X X
March X X
April X X
May X X X
June X X
Area A Includes: Administration Wing 1st floor main hallway, staircases, 2nd floor main hallways
(outside Finance and City Manager's Office) and staircases.
Area B Includes: Internal corridors and traffic areas, Administration Wing.
Area C Includes: Old Police Wing.
LOCATION 2: Dublin Library —200 Civic Plaza
Schedule Community Room Main Library 1 Virginia Bennet Room Program Room
1,600sf 14,150sf 575sf
July X
September X X X
November X
January X X X
March X
May X X X
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit A — Page 1 of 5
608
LOCATION 3: Senior Center - 7600 Amador Valley Boulevard
Schedule All Carpet Areas
4,405sf
July X
September X
November X
January X
March X
May X
LOCATION 4: Shannon Community Center —11600 Shannon Avenue
Schedule Area A Area B
7,610sf 1,035sf
July X
August X X
September X
October X X
November X
December X X
January X
February X X
March X
April X X
May X
June X X
Area A Includes: Ballroom 7,400 sf (must be cleaned using dry extraction), classroom, lobby and hallway.
Area B Includes: Offices.
LOCATION 5: Fire Station 16 - 7494 Donohue Drive
Schedule
April
All Carpet Areas Notes
2,260sf
X Annual cleaning coordinated by staff with Contractor
LOCATION 6: Fire Station 17 —6200 Madigan Avenue
Schedule
April
All Carpet Areas Notes
3,480sf
X Annual cleaning coordinated by staff with Contractor
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit A — Page 2 of 5
609
LOCATION 7: Fire Station 18 —4800 Fallon Road
Schedule
April
All Carpet Areas Notes
1,980sf
X Annual cleaning coordinated by staff with Contractor
LOCATION 8: Heritage Center & Museum —6600 Donlon Way
Schedule All Carpet Areas Notes
600sf
October X Semi -Annual cleaning coordinated by staff with Contractor
May X Semi -Annual cleaning coordinated by staff with Contractor
LOCATION 9: The WAVE Aquatic Center —4201 Central Pkwy
Schedule Area A Area B
4,504sf 1,800sf
July X
August X X
September X
October X X
November X
December X X
January X
February X X
March X
April X X
May X
June X X
Area A Includes: Multi -purpose room, lobby and hallway.
Area B Includes: Offices.
LOCATION 10: Corporation Yard- 5709 Scarlett Court
Schedule
April
All Carpet Areas Notes
1,800sf
X Annual cleaning coordinated by staff with Contractor
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit A — Page 3 of 5
610
LOCATION 11: Public Safety Complex (Police Services) — 6361 Clark Avenue
Schedule
October
May
All Carpet Areas Notes
12,055sf
x
x
WINDOW CLEANING SERVICES
Semi -Annual cleaning coordinated by staff with Contractor
Semi -Annual cleaning coordinated by staff with Contractor
LOCATION
FREQUENCY
1. Civic Center —100 Civic Center (Both Wings)
All exterior perimeter windows
All interior windows, atrium & partition glass
Lobbies (both wings) - Interior and exterior
Atrium (hallway) — Exterior
Atrium (hallway) — Interior
2. Library — 200 Civic Center
All exterior perimeter windows -exterior only
All interior windows & partition glass
Atrium hi -bay circular windows
Entrance lobby glass doors
3. Shannon Community Center —11600 Shannon Avenue
Perimeter windows - Exterior only
Perimeter windows - Interior only
Interior partitions and doors
4. Dublin Senior Center — 7600 Amador Valley Boulevard
Perimeter windows - Exterior only
Perimeter windows -Interior only
5. Dublin Heritage Center — 6600 Donlon Way
Museum - Interior and exterior
Church - Interior and exterior
Kolb House - Interior and exterior
School Barn - Interior and exterior
Public Restroom Building - Interior and exterior
Art Studio - Interior and exterior
6. The WAVE Aquatic Park — 4201 Central Parkway
Perimeter windows - Exterior only
Perimeter windows - Interior only
Natatorium windows (second story) - Interior and exterior
Lobby lower windows - Interior and exterior
Services Agreement between
City of Dublin and Universal Building Services
May & October
October
September & March
Upon Request
Upon Request
Feb, Jun, Sep, Dec
October
October
Feb, Jun, Sep, Dec
Feb, Jun, Oct
June
June
April & October
October
September
September
September
September
September
September
May, Jun, Sep, Jan
May, Jun, Sep, Jan
October & March
Upon Request
July 1, 2020
Exhibit A — Page 4 of 5
611
7. Public Safety Complex (Police Services)— 6361 Clark Avenue
Perimeter windows - Exterior only
Perimeter windows -Interior only
8. Corporation Yard — 5709 Scarlett Court
Perimeter windows - Exterior only
Perimeter windows -Interior only
CONTRACTOR REQUIREMENTS
June
June
June
June
1. Upon the City of Dublin's request, the contractor shall provide Safety Data Sheets (SOS) for all
chemicals used for window cleaning.
2. Contractor shall provide all personnel, uniforms, tools, equipment, parts, records/logs, rags,
cleaning chemicals, etc., necessary to perform the services described. All other
materials/supplies required to perform this service, and not otherwise mentioned, shall be
provided by the Contractor at his/her expense.
3. Contractor shall adhere to all current state and local water use restrictions & regulations.
4. Window Cleaning shall be performed on site during regular business hours, between 8:00 AM
and 5:00 PM on weekdays, unless it causes a disruption to the City of Dublin employees or the
City's ability to serve the community or presents a safety hazard/disruption to others.
5. Contractor shall be responsible for all damage which occurs to City property while performing
services, regardless of whether the damage is to an item(s) being cleaned or to other item(s) in
and around the unit where services are being performed.
6. Contractor is not allowed to subcontract work to a third party once a service contract
agreement has been approved.
7. Contractor is responsible for maintaining a safe work area while cleaning windows which
includes installing safety barricades and signs to warn the public.
CONTRACTOR PERSONNEL REQUIREMENTS
1. Contractor shall assign a sufficient number of trained & experienced employees to perform the
required service. Contractor shall designate one (1) employee as principal with full
responsibility for directing the entire crew. Each principal shall be authorized to act for the
Contractor in every detail.
2. Contractor shall furnish and require every on -duty employee to wear a company shirt or a
visible photo identification badge identifying employee by name.
3. All assigned personnel are subject to a criminal history records check performed using Live
Scan. Government fees are required for the State (DOJ) and Federal (FBI) level criminal
history record checks. Contractor is responsible for the fee to perform such records search. A
$45 application per personnel is required to perform a formal criminal history records check.
Should an employee not pass the criminal history records check; a refund will not be provided.
4. All assigned personnel must have all the proper safety training, and equipment operator
certificates to meet the minimum requirements of Cal OSHA.
Services Agreement between July 1, 2020
City of Dublin and Universal Building Services Exhibit A — Page 5 of 5
612
EXHIBIT B
COMPENSATION SCHEDULE
CARPET CLEANING SERVICES
DUBLIN CIVIC CENTER -100 CIVIC PLAZA
Regional
Meeting Council Chamber
Schedule Room Area A Area B Chambers Seating Cost
July X X $566
August X X X $1,276
September X X $566
October X X $566
November X X X X $1,350
December X X $566
January X X $566
February X X X X $1,838
March X X $566
April X X $566
May X X X X $1,350
June X X $566
Area A Includes: Administration Wing 15t Floor main hallway, staircases, upstairs main hallways (outside
Finance and City Manager's Office), Parks Wing 15t Floor main hallway, staircases.
Area B Includes: Internal corridors and traffic areas, entire building.
Services to be completed on the 3rd Thursday of each month listed above with a start time of 6:00 pm.
DUBLIN LIBRARY-200 CIVIC PLAZA
Main Library /
Community Virginia Bennet Program
Schedule Room Room Room Cost
July X $240
September X X X $2,435
November X $240
January X X X $2,435
March X $240
May X X X $2,435
Services to be completed on the 4th Friday of each month listed above.
SENIOR CENTER - 7600 AMADOR VALLEY BOULEVARD
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Schedule All Carpet Areas Cost
July X $660
September X $660
November X $660
January X $660
March X $660
May X $660
Services to be completed on the 2nd Monday of each month listed above.
SHANNON COMMUNITY CENTER —11600 SHANNON AVENUE
Schedule Area A Area B Cost
July X $1,142
August X X $1,298
September X $1,142
October X X $1,298
November X $1,142
December X X $1,298
January X $1,142
February X X $1,298
March X $1,142
April X X $1,298
May X $1,142
June X X $1,298
Area A Includes: Ballroom (with spot treatment at every cleaning), classroom, lobby and hallway.
Area B Includes: Offices.
Services to be completed on the 15t Monday of each month listed above.
FIRE STATION 16 - 7494 DONOHUE DRIVE*
Schedule
April
All Carpet Areas
X
Cost
FIRE STATION 17 — 6200 MADIGAN AVENUE*
Schedule
April
All Carpet Areas
x
Cost
$339
$522
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FIRE STATION 18 — 4800 FALLON ROAD*
Schedule
April
All Carpet Areas
x
Cost
HERITAGE CENTER & MUSEUM —6600 DONLON WAY*
Schedule All Carpet Areas Cost
October X
May X
$297
$99
$99
PUBLIC SAFETY COMPLEX (POLICE SERVICES) — 6361 CLARK AVENUE*
Schedule All Carpet Areas Cost
October X
May X
$1,810
$1,810
THE WAVE AQUATIC CENTER —4201 CENTRAL PARKWAY*
Schedule Area A Area B Cost
4,504sf 1,800sf
July X $558
August X X $828
September X $558
October X X $828
November X $558
December X X $828
January X $558
February X X $828
March X $558
April X X $828
May X $558
June X X $828
CORPORATION YARD —5709 SCARLETT COURT*
Schedule All Carpet Areas Cost
1 October X $270 1
May X $270
*Cleanings at these locations shall be coordinated by staff with Contractor.
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WINDOW CLEANING SERVICES
LOCATION
FREQUENCY
PER VISIT ANNUAL
1. Civic Center —100 Civic Center (Both Wings)
All exterior perimeter windows
All interior windows, atrium & partition glass
Lobbies (both wings) - Interior and exterior
Atrium (hallway) — Exterior
Atrium (hallway) — Interior
2. Library — 200 Civic Center
All exterior perimeter windows -exterior only
All interior windows & partition glass
Atrium hi -bay circular windows
Entrance lobby glass doors
3. Shannon Community Center-11600 Shannon
Perimeter windows - Exterior only
Perimeter windows - Interior only
May & October
October
September & March
Upon Request
Upon Request
Feb, Jun, Sep, Dec
October
October
Feb, Jun, Sep, Dec
Avenue
Feb, Jun, Oct
June
Interior partitions and doors June
4. Dublin Senior Center — 7600 Amador Valley Boulevard
Perimeter windows - Exterior only
Perimeter windows -Interior only
5. Dublin Heritage Center — 6600 Donlon Way
Museum - Interior and exterior
Church - Interior and exterior
Kolb House - Interior and exterior
School Barn - Interior and exterior
Public Restroom Building - Interior and exterior
Art Studio - Interior and exterior
6. The WAVE Aquatic Park — 4201 Central Parkway
Perimeter windows - Exterior only
Perimeter windows - Interior only
Natatorium windows (second story) - Interior and
exterior
Lobby lower windows - Interior and exterior
7. Public Safety Complex (Police Services)— 6361 Clark
Perimeter windows - Exterior only
Perimeter windows -Interior only
8. Corporation Yard — 5709 Scarlett Court
Perimeter windows - Exterior only
Perimeter windows -Interior only
April & October
October
September
September
September
September
September
September
May, Jun, Sep, Jan
May, Jun, Sep, Jan
October & March
Upon Request
Avenue
June
June
June
June
$1,200 $2,400
$2,400 $2,400
$200 $400
$400
$1,200
$600 $2,400
$800 $800
$200 $200
$100 $400
$500 $1,500
$500 $500
$100 $100
$300 $600
$400 $400
$250 $250
$100 $100
$200 $200
$50 $50
$50 $50
$200 $200
$800 $3,200
$800 $3,200
$900 $1,800
$200
$510 $510
$500 $500
$50 $50
$50 $50
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616
Year 1
Year 2
Year 3
I Total
Window Window Carpet
Cleaning Contingency Cleaning
$24,060
$24,782
$25,525
$74,367
$1,500
$1,500
$1,500
$4,500
$50,799
$52,323
$53,893
$157,015
Carpet Annual
Contingency Total
$1,500 $77,859
$1,500 $80,105
$1,500 $82,418
$4,500 $240,382
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1 — June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance
Superintendent, or their designee. Any such annual increase shall be calculated based ❑n the Bay Area
Consumer Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: pwinvoices a(�dublin.ca.aov no more than once monthly and as
work is completed.
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EXHIBIT C
CONFLICT ❑F INTEREST
Consultant confirms the ability to meet the City of Dublin's Conflict of Interest requirements as specified in
the City's RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a
potential conflict of interest with the work on this project. Consultant agrees that, for the term of this
agreement, no member, officer or employee of the City of Dublin, or a public body within Alameda County
or member of delegate to the Congress of the United States, during his/her tenure of for one year
thereafter, shall have any direct interest in the contacts or any direct or material benefit arising therefrom
Services Agreement between July 1, 2020
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PRUDENTIAL OVERALL SUPPLY
THIS AGREEMENT for mat and towel services is made by and between the City of Dublin ("City")
and Prudential Overall Supply ("Contractor") (together sometimes referred to as the "Parties") as of July 1,
2020 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 Reserved
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
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July 1, 2020
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as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed FORTY-
TWO THOUSAND EIGHT HUNDRED THIRTY DOLLARS ($42,830), notwithstanding any contrary
indications that may be contained in Contractor's proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Contractor for services
rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate
services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ The dates of service provided at each facility;
■ Daily logs of total hours worked by each individual performing work under this
Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple tasks, all hours must also be logged by
task
o A brief description of the work
■ The Contractor's signature;
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July 1, 2020
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.6 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.9 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
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3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
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Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
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b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
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July 1, 2020
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or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
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July 1, 2020
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4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
Services Agreement between
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July 1, 2020
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for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
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employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
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July 1, 2020
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8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
Services Agreement between
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July 1, 2020
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evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
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July 1, 2020
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Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Prudential Overall Supply
Attn: Samuel A. Ross
1661 Alton Parkway
Irvine, CA 92606-4877
Any written notice to City shall be sent to:
City of Dublin
Attn: Dean McDonald, Public Works Maintenance Superintendent
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A
Exhibit B
Exhibit C
Scope of Services
Compensation Schedule
Conflict of Interest Statement
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
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July 1, 2020
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10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
City of Dublin and Prudential Overall Supply
July 1, 2020
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN PRUDENTIAL OVERALL SUPPLY
DocuSigned by: DocuSigned by:
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Samuel A. Ross, Sr. National Account Executive
Linda Smith, City Manager
Attest:
rDocuSigned by:
Marsha Moore, City Clerk
Approved as to Form:
DocuSigned by:
..._2____
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John Bakker, City Attorney
3070365.1
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July 1, 2020
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide qualified personnel, transportation and supplies necessary to perform floor mat
and towel services for six (6) City facilities.
1. Civic Center —100 Civic Center
Quantity
7
3
2
2
Product/Description
3 x 4 — Black Mats
4 x 6 — Black Mats
4 x 6 — Black Mats w/Gold Logo
3 x 10 — Black Mats
2. Senior Center — 7600 Amador Valley Boulevard
Quantity Product/Description
2 4 x 6 — Black Mats w/ Gold Logo
1 3 x 10 — Black Mats
75 Kitchen Towels
7 3 x 5 - Anti -Fatigue Kitchen Mats
3. Shannon Community Center —11600 Shannon Avenue
Quantity
5
3
2
Product/Description
4 x 6 — Black Mats w/ Gold Logo
3 x 10 — Black Mats
4 x 6 — Black Mats
4. Corporation Yard — 5709 Scarlett Court
Quantity Product/Description
2 3 x 4 — Black Mats
1 3 x 5 — Black Mats (Scraper Mat)
1 4 x 6 — Black Mats
2 3 x 10 — Black Mats
5. The WAVE Aquatic Park — 4201 Central Parkway
Quantity Product/Description
2 3 x 4 — Black Mats
1 3 x 5 — Black Mats (Scraper Mat)
1 4 x 6 — Black Mats
2 3 x 10 — Black Mats
6. Public Safety Complex (Police Services) — 6361
Quantity
2
1
1
2
Product/Description
3 x 4 — Black Mats
3 x 5 — Black Mats (Scraper Mat)
4 x 6 — Black Mats
3 x 10 — Black Mats
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
Schedule
Weekly
Weekly
2nd and 4th Friday
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
Clark Avenue
Schedule
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
2nd and 4th Friday
Changes or increases to locations, frequencies and/or quantities must be approved, in writing, by the
Public Works Maintenance Superintendent, of their designee.
Services Agreement between July 1, 2020
City of Dublin and Prudential Overall Supply Exhibit A — Page 1 of 5
634
EXHIBIT B
COMPENSATION SCHEDULE
1. Civic Center -100 Civic Center
Quantity Product/Description Price
7 3 x 4 - Black Mats $3.00
3 4 x 6 - Black Mats $4.80
2 4 x 6- Black Mats w/Gold Logo $7.50
2 3 x 10 - Black Mats $6.00
2. Senior Center - 7600 Amador Valley Boulevard
Quantity Product/Description
2 4 x 6 - Black Mats w/ Gold Logo
1 3 x 10 - Black Mats
75 Kitchen Towels
7 3 x 5 - Anti -Fatigue Kitchen Mats
3. Shannon Community Center -11600 Shannon Avenue
Quantity Product/Description
5 4 x 6 - Black Mats w/ Gold Logo
3 3 x 10 - Black Mats
2 4 x 6- Black Mats
4. Corporation Yard - 5709 Scarlett Court
Quantity Product/Description
2 3 x 4 - Black Mats
1 3 x 5 - Black Mats (Scraper Mat)
1 4x6-Black Mats
2 3 x 10 - Black Mats
Price
Price
Price
$7.50
$6.00
$0.11
$3.50
1
$6.00 1
$3.30 1
$4.80 1
$3.00
$3.00
$4.80
$6.00
5. The WAVE Acuatic Park - 4201 Central Parkway
Quantity Product/Description Price
2 3 x 4 - Black Mats $3.00
1 3 x 5 - Black Mats (Scraper Mat) $3.00
1 4 x 6 - Black Mats $4.80
2 3 x 10 - Black Mats $6.00
6. Public Safety Complex (Police Services) - 6361 Clark Avenue
Quantity Product/Description Price
2 3 x 4 - Black Mats $3.00
1 3 x 5 - Black Mats (Scraper Mat) $3.00
1 4 x 6 - Black Mats $4.80
2 3 x 10 - Black Mats $6.00
Additional Charges
1 Product/Description
1 Delivery Charges
1 Minimum bi-weekly order
Price
$11.00
$40.00
Services Agreement between July 1, 2020
City of Dublin and Prudential Overall Supply Exhibit B - Page 1 of 2
635
Year 1 $11,916
Year 2 $12,273*
Year3 $12,641*
Sub -Total $36,830
Contingency $ 6,000
Total: $42,830
*Calculated with maximum 3% CPI increase and does not assume approval of rate increases.
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1 — June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance
Superintendent, or their designee. Any such annual increase shall be calculated based on the Bay Area
Consumer Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: gwinvoices(@dublin.ca.gov no more than once monthly and as
work is completed.
Services Agreement between July 1, 2020
City of Dublin and Prudential Overall Supply Exhibit B — Page 2 of 2
636
EXHIBIT C
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin's Conflict of Interest requirements as specified in
the City's RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a
potential conflict of interest with the work on this project. Consultant agrees that, for the term of this
agreement, no member, officer or employee of the City of Dublin, or a public body within Alameda County
or member of delegate to the Congress of the United States, during his/her tenure of for one year
thereafter, shall have any direct interest in the contacts or any direct or material benefit arising therefrom
Services Agreement between July 1, 2020
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637