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HomeMy WebLinkAboutMINUTES - 10252005 - C53 CSS Contra TCS: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR 01, -='� NN�. � .:s�. � s Cos d6 t DATE: OCTOBER 25, 2005 Co u nty SUBJECT: APPROVE STREET SWEEPING CONTRACTS FOR WEST COUNTY AND CENTRAL/SOUTH/EAST COUNTY. PROJECT NO. 7517-6W7223 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chair,, Board of Supervisors, to execute contracts with Universal Building Services for routine street sweeping services. One contract is for the West County area and the other is for the Central/South/East County areas.Both contracts are for the period of November 1,2005 through October 31,2008. The West County Contract is in the amount of$194,000, and the Central /South/East County Contract is in the amount of$244,000.(99%County Watershed Program Funds and 1%Countywide Landscape District(LL-2)Zone 36 Funds) (Districts I, 111, III and IV) CONTINUED ON ATTACHMENT: p SIGNA ✓ RECOMMENDATION OF COUNTY ADMINISTRATOR OMMENDATIO F BOARD CO APPROVE OTHER SIGNATURE(S): ACTION OF BOA ON �a S �O APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Ronnie Levin(925)313-2281 RL:cw �M G:\GrpData\FldCtl\Board Orders 2005 Onward\2005 BO\.Street Sweeping Contracts ATTESTED D � s . 05-08 BO 10-25-05.doc JOHN SWEETEN,CLERK OF THE IhOARD OF SUPERVISORS cc: County Counsel CAO Auditor-Control-Contracts BY: .DEPUTY SUBJECT: APPROVE STREET SWEEPING CONTRACTS FOR WEST COUNTY AND CENTRAL/SOUTH/EAST COUNTY. PROJECT NO. 7517-6W7223 DATE: OCTOBER 25, 2005 PAGE: 2 of 2 FISCAL IMPACT: No impact to the General Fund.Ninety-nine percent(99%)of the contracts will be paid for with stormwater utility assessment revenue from the unincorporated areas(Fund 7517)designated to the County's Watershed Program.The remaining one percent(1%)will be paid for by countywide landscape LL-2,Zone 36 funds for sweeping uncurbed sections of Danville Blvd.,Miranda Ave., Livorna Rd. and Stone Valley Rd. in the Alamo area. REASONS FOR RECOMMENDATIONS AND BACKGROUND: Adoption of these contracts will result in monthly street sweeping of curbed streets in the West County and Central/South/East County areas. The County's Watershed Program will administer these contracts. The contractor, Universal Building Services, presented the only bid. Routine street sweeping of curbed roads satisfies the goal of the County's Watershed Program, which is to reduce, eliminate, and prevent stormwater pollution and is mandated by the California Regional Water Quality Control Boards through their joint Municipal Stormwater National Pollutant Discharge Elimination System Permit with the County and cities of Contra Costa.This activity removes sediment,debris,and other contaminants that might normally enter the storm,drain system and flow untreated to creeks and other natural waterways. The County's Watershed Program is not responsible for non-routine street sweeping related to road improvements and maintenance (chip seal cleanup) and/or construction projects. CONSEQUENCES OF NEGATIVE ACTION: No routine street sweeping will be provided to West County or Central/South/East County roads.The County will not be in compliance with its Joint Municipal Stormwater Permits with the San Francisco Regional Water Quality Control Board and/or the Central Valley Regional Water Quality Control Board. CSS SE L TO-: BOARD OF SUPERVISORS Contra FROM: 1\4AURICE M. SHIU,PUBLIC WORKS DIRECTOR o - � : �� s Costa n r ,, DATE: OCTOBER 25, 2005 coCou n t y SUBJECT: APPROVE STREET SWEEPING CONTRACTS FOR WEST COUNTY AND CENTRAL/SOUTH/EAST COUNTY.PROJECT NO. 7517-6W7223 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE- and AUTHORIZE the Chair, Board of Supervisors, to execute contracts with Universal Building Services for routine street sweeping services. One contract is for the West County area and the other is for the Central/South/East County areas.Both contracts are for the period ofNovember 1,2005 through October 31,2008, The West County Contract is in the amount of$194,000, and the Central /South/East County Contract is in the amount of$244,000.(99%County Watershed Program Funds and 1%Countywide Landscape District(LL-2)done 36 Funds) (Districts I,II,III and IV) CONTINUED ON ATTACHMENT: D SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR R960MMENDATIO F BOARD CO APPROVE OTHER SIGNATURE(S): ACTION OF BOA ON �0S APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT �!�/0'L'`!2�' ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Ronnie Levin(925)313-2281 Ri.:cw DC, Q G:\GrpData\FldCtl\Board Orders 2005 Onward\2005 BO\.Street Sweeping Contracts ATTESTED 05-08 BO 10-25-05.dac JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS cc: County Counsel CAO Auditor-Control-Contracts BY: SUBJECT: APPROVE STREET SWEEPING CONTRACTS FOR WEST COUNTY AND CENTRAL/SOUTH/EAST COUNTY. PROJECT NO, 7517-6W7223 DATE: OCTOBER 25,2005 PAGE: 2of2 FISCAL IMPACT: No impact to the General Fund.Ninety-nine percent(9-9%)of the contracts will be paid for with stormwater utility assessment revenue from the unincorporated areas(Fund 7517)designated to the County's Watershed Program.The remaining one percent(1%)will be paid forbycountywide landscape LL-2,Zone 36:ftmds for sweeping uncurbed sections of Danville Blvd.,Mirada.Ave., Livorna.Rd. and Stone Valley Rd. in the Alamo area. REASONS FOR RECOMMENDATIONS AND BACKGROUND: Adoption of these contracts will result in monthly street sweeping of curbed streets in the West County and Central/South/East County areas. The County's Watershed Program will administer these contracts. The contractor, Universal Building Services, presented the only bid. Routine street sweeping of curbed roads satisfies the goal of the County's Watershed Program, which is to reduce, eliminate, and prevent stormwater pollution and is mandated by the California Regional Water Quality Control Boards through their joint Municipal Stormwater National Pollutant Discharge Elimination System Pen-nit with the County and cities of Contra Costa.This activity removes sediment,debris,and other contaminants that might normally enter the storm drain system and flow untreated to creeks and other natural waterways. The County's Watershed Program is not responsible for non-routine street sweeping related to road improvements and maintenance(chip seal cleanup)and/or construction projects. CONSEQUENCES OF NEGATIVE ACTION: No routine street sweeping will be provided to West County or Central/South/East County roads. The County will not be in compliance with its Joint Municipal Stonnwater Permits with the San Francisco Regional Water Quality Control Board and/or the Central Valley Regional Water Quality Control Board. Standard Form L-1 (Purchase of Serviceso Long Form) Fund/Org# 7517 Revised X002 Account# 2310 Other # 6W7223 1. Contract Identification. . Department: Public Works Subject: -West County Street Sweeping 2. Parties. The County of Contra Costa, California(County),for its Department named above,and the following named Contractor mutually agree and promise as follows: Contractor., Universal Building Services Capacity: Corporation Address: 3120 Pierce St. Richmond, CA 94804 3. Term. The effective date of this Contract is November 1, 2005. It terminates on October 31-, 2008 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 194.000.00. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. ?. General.and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Prgject. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: West County Street Sweeping L-1 (Page 1 of 2) \�vaiLau vvv..aa vvu....J Standard Form L-1 (Purchase of Services-Long Form) Revised ?.002 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 10. Sienatures. These signatures attest the parties'agreement hereto: COUNTY OF CONTRA COSTA„ CALIFORNIA BOARD OF SUPERVISORS ATTEST., Clerk of the Board of Supervisors By A. 0 air /Desi ee Deputy CONTRACTOR Nam fbusines-senti Name of b i ss e niversaB.ui7dina Services Vni e al ing S ices By Ap 30hdw Sv W IV, ignature of individual or officer By i Olgil&LULC: ui-lnuivi L UL JILU 1; Leonard C. Brusseau, President Dario DeVincenzi, Operations Manager (Print name and title A, if applicable) (Print name and title B, if applicable) Note to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and.Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form 1.r2. L-1 (Page 2 of 2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ss. County of Consta Costa on _ September 21, 2005 before me, Joyce A. Cuevas , Date Name and Tide of Officer(e.g.,"Jane Doe,Notary Public") appeared personallya ared Leonard C. Brusseau and Dario Deyincenzi Name(s)of Signer(s) X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and JOYCE A,CUEVAS acknowledged to me that he/shetthe executed �2_ "r 1-,.l g Y #1513872 the same in his/her/their authorized r+rr' •CaNibr�ia ca acit ies and that b his/her/their -- p Yt )� Y cm W signature(s) n th instrument th o e e person(s), or f► Sep 17, the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: RIGAT TAIMBPRINT OF SIGNER ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Standard Form L-2 (Purchase of Services- Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: BY: i�- �.•��. Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On _ ,before me, _ insert name and title of the officer),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) L-2(Page 1 of 1) Contra Costa County PAYMENT PROVISIONS Number Standard Form P4 (Fee Basis Contractso Long and Short Form) Revised 2002 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions,County will pay Contractor the following fee as full compensation for all services,work,expenses or costs provided or incurred by Contractor: (Check one alternative only.) a. $4,543.30 monthly, or ❑b. $ per unit, as defined in the Service Plan, or ❑ C. $ after completion of all obligations and conditions*-herein. ❑ d. Other: 2. Payment Demands. Contractor shall submit written demands for payment on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made,or his designee,County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s)for payment. S. Audit Exc tions. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initial ontractor County Dept. ' Form P-1 (Page 1 of 1) Service Plan I. Scope and Location of Work: The work to be done consists of street sweeping on curbed public streets including, but not limited to, curb returns and median islands in the unincorporated communities in West Contra Costa County as described in the List of Streets and the attached maps. In case of any conflicts between the List of Streets and.the maps,the maps will prevail. II.Ternof Contract: The contract term is from November 1,2005 through October 31, 2008. The Contractor will be entitled to an annual rate adjustment upon each annual anniversary of this contract, the amount of said increase to be approved by the County. The rate for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the -San Francisco- Oakland-San Jose area published by the U.S. Department of Labor, Bureau of Labor Statistics which is published for the date nearest the anniversary date of this contract. (www.bls'.g 0--v/ro9/9240 pdfi In no case shall the adjusted rate be less than the initial rate bid for this contract. In the event that the State or other legal authority determines during the term of the contract that the labor used in this contract is subject to Prevailing Wage regulations, the County shall require that Prevailing Wage be paid and shall re-negotiate the unit prices to account for the increase in labor cost. III. Frequency and Ti.-ming: Street sweeping services shall b e* performed once monthly, as per the attached street sweeping schedule. There shall be no deviations, save for the following three (3) exceptions, and bids should be made accordingly: 1) the regularly scheduled sweep day has to be rescheduled due to a change of schedule for garbage collection services; 2} the sweep day must be rescheduled due to heavy rains; or 3) the sweep day falls on a holiday. When there is an exception to the routine schedule, sweeping shall be rescheduled for another day during that workweek. Any variation will require approval by the County's County's Project Manager. At no time shall street sweeping conflict with local garbage collection pick up days. The Co.ntractor'shall notify the County's Project Manager if such conflicts occur. Sweeping should be done at a time of day when the least number of parked cars are present. The contractor shall set the schedule for sweeping Richmond Parkway, but all curbs, including medians must be swept once monthly. The time period between sweeps shall be no less than 28 days and no more than 3 5 days. IV. Additions and Deletions: Contra Costa County reserves the right to add or delete curb miles and to increase or reduce the sweeping frequency called for in these specifications. The unit cost bid per curb mile shall be used for additions or deletions and will dictate the maximum increase or decrease that shall be allowed for additional miles or additional frequency. The unit cost bid per curb mile for both sweeping and disposal was: • West County: o Sweeping Curb Mile cost: $17.72 per c/m o Disposal Cost/Curb Mile: $2.93 per c/m 1 V.Performance Standards: The San Francisco Bay and Central Valley Regional Water Quality Control Boards(RWQCB)have each issued a permit that governs stormwater and non-stormwater discharges resulting from areas owned and operated by Contra Costa County. The RWQCB Permits are National Pollutant Discharge Elimination System(NPDES) Permit Nos. CAS0029912 amended by Amending Order No. 99-058 and Order No. R2-200,3-0022 and CA0083313 respectively. Copies of the RWQCB Permits are available for review. In order to comply with the Permit requirements,the County has developed Best Management Practices(BMPs)to which parties conducting the municipal activities must adhere. These BMPs apply to any party conducting municipal activities and contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff,and receiving water quality. Work performed under this CONTRACT shall conform to the Permit requirements, and all applicable BMPs. The CONTRACTOR shall ensure that all employees responsible for providing sweeping services fully understand the BMPs applicable to activities that are being conducted under this CONTRACT-prior to conducting them. The CONTRACTOR shall maintain copies of the BMPs throughout the CONTRACT duration. The BMPs and Performance Standards are as follows: a. Equipment used may be regenerative air,dry vacuum air or tandem.broom and vacuum air sweepers, except on:Richmond Parkway,where a mechanical broom sweeper shall be used. b. Equipment must be maintained and kept in proper adjustment. c. Equipment must be operated at the speed specified by the.manufacturer for the type of debris being swept. d. The Contractor shall complete all sweeping per schedule. Mechanical failures or personnel problems shall not be acceptable reasons for failure to comply. The Contractor shall supply backup equipment and/or personnel at no additional cost to the County. e. The Contractor shall be capable of providing any additional equipment and personnel needed to sweep potential additional curb mileage for the term of this agreement. f. The street sweeping schedule may not be changed without the written approval of the County's Project Manager. g. After sweeping, curbs and gutters must be free of debris. Debris is defined as dirt, gravel, sand, leaves,trash, and fine particles. h. Obstructions such as accumulations of silt,compacted dirt, leaves and similar debris shall be removed unless the removal of.such obstruction cannot be accomplished without damage to equipment, inflicting personal injury or clearly is beyond the capabilities of specified equipment. i. Obstructions such as small tree limbs and rocks shall be removed from the sweeping path and hauled away by the Contractor rather than by-passing the area. j49 . The Contractor shall notify the County's Project Manager of any obstruction and/or reason why sweeping could not be performed for a specific area. k. Refuse must be disposed of at a County approved site. At no time shall the operator drive or sweep any debris into storm drain catch basins.Dumping manifests shall be provided to the County on request for confirmation of acceptable disposal of all material swept or otherwise removed as part of this contract. I. Each month the contractor will send to the County a record detailing mileage swept, days swept, cubic yards of debris collected, and other performance indicators. m. No sweeping shall be performed during rainstorms, when there is running water in the gutter or street, or for any other reason that makes sweeping impractical as determined by County's Project Manager. 2 V1. Complaints: Complaints submitted by the County's Project Manager or designee to the Contractor shall be resolved the day of the complaint, if possible. Within two (2) days the Contractor shall report the action taken to resolve each complaint to County's Project Manager. V11.Penalties: The following are causes for penalties: * Operation of sweeper at speeds outside the appropriate limits for operation as specified by the manufacturer for the type of debris being swept. * Incomplete debris removal. * Failure to report actions on complaints within two working days as specified in above section VI Complaints. By entering into a contract for performance of all work called for in this service plan, the Contractor agrees to the following penalties as being appropriate and acceptable and further agrees that monetary penalties may be deducted from funds otherwise due and payable to the Contractor. ♦ When observed violating the foregoing causes for penalty, on the first occurrence, the Contractor will be notified by telephone. If the Contractor violates the same specification a second time, the County shall have the right to withhold payment of$100.00 for each street or portion of-a street that is inadequately swept, each instance of sweeping outside of the appropriate operating speed limits or each failure to report action on a complaint. If the Contractor violates the same specification three or more times,the County-shall have the right to withhold payment of $200.00 for each street or portion of a street that is inadequately swept, each instance of sweeping outside of the appropriate operating- limits or each failure to report action on a complaint. The County's Proect Manager shall determine the amount of penalty. ♦ Repeated instances of failure to meet the BMPs and performance standards above may result in termination of the contract at any time during the contract period. V111. Special Street Cleaning: The contractor shall perfo special street cleaning and removal of debris and litter5 *in areas as requested by County's Project Manager. Payment shall be based on an hourly bid rate with a four hour charge. LX. County'sObligations: by removing large The Public Works Department will assist obstructions that impair the vertical and/or horizontal clearance of the work site. Documenting citizen complaints and reporting them to the Contractor will be the responsibility of the County's Project Manager or designee, as well as changes in scope of work. In addition, when appropriate, the County's Project Manager or designee will write and distribute notifications of street sweeping schedules, X Payment Provisions: a. Payment will be made monthly according to attached Payment Provision Table and will reflect any penalties as outlined in section VIE[Penalties above. b. Additional payments up to the total contract amount may be made for special work approved by the Program Manager or designee. GAGrpData\F1dCt1\NPDES1Street sweepinmContractsMest County\Nov.05-oct.08\servicePlan05-08 SJW 9-19-05 Modif doc 3 Special Conditions Indemnification.Paragraph 18 of the General Conditions is deleted in its entirety and replaced with the followmg: a. Contractor shall defend,indemnify, save, and hold harmless County and its officers and employees (Collectively"indemnitees")from any and all claims, costs and liability for any damages, sickness, death,or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees or subcontractor hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this indemnification, and, if requested by County,will defend any claims or litigation to which this indemnification provisions applies at the sole cost and expense of the Contractor. b. Contractor shall place in its subcontracting agreements and cause its subcontractors to agree to indemnity and insurance obligations in favor of County and other Indemnitees in the exact form and substance of those contained in the Contract. c. The provisions of this section shall survive termination of this Contract. Insurance. Paragraph 19a(Liability Insurance) of the General Conditions, is deleted in its entirety and replaced with the following: Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$1,000,000 for all damages, including consequential damages,due to bodily injury, sickness or disease, or death of any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County,the state and federal government, and their officers, agents, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. Contractor shall provide County with a copy of the endorsement making the County an additional insured on all general liability,worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 l. Compliancewith Law. Contractor shall be subject to and comply with all applicable federal, state and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing,employment and purchasing practices; and wages,hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County,the State of California, and the United States Government,the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request,Contractor shall make these records available to authorized representatives of the County,the State of California, and the United States Govern ment. b. Access to Books and Records of Contractor,Subcontractor. Pursuant to Section-1-861(v)(1)of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract,make available to the County,the Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over atwelve-month period,such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Revortine Rouirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers and dollar amounts of all contracts-and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party- ,in its sole discretion,upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. L-5 (Page 1 of 1) Standard Form L-5 (Purchase of Services-Long Form) Revised 2,003 b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non- County funding for this Contract ceases,this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specitications'for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements maybe approved and signed by the head of the county department for which this Contract is made or its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa.County Board of Supervisors or,after Board approval, by its designee,subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval,provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. L-5 (Page 2 of 2) Initials: )ontractor County Dept. Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals,or statements by any officer,agent or employee of County indicating Contractor's performance or any part.thereof complies with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor, or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure.to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into*subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and isnot intended to and shall not be construed to create the relationship between the parties of agent,servant,employee,partnership,joint venture or association. 15. Conflicts of Interest. Contractor,its officers,partners,associates,agents.,and employees,shall not make,participate in making, or in any way attemptto use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 871005 et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to, the identity of persons served under this Contract,their records, or services provided them,and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed,any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. L-5 (Page 3 of 3) In iti a..1.S• ontractor County Dept. Standard Form L-5 (Purchase of Services-Long Form) Revised 2,003 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age,sex,race,religion,color,national origin,ethnic background,disability,or sexual orientation,and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend',indemnify,save,and hold harmless County and its officers and employees from any and all claims,costs and liability for any damages,sickness,death,or injury to person(s)or property,including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this indemnification,and, if requested by County, will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles,with a minimum combined single limit coverage of$500,000 for all damages, including consequential damages,due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof,arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County,the state and federal governments,and their officers, agents,and employees,so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above$500,000,the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general Iiability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term.of this Contract,then Contractor shall provide(a)current certificate(s)of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty(30)days written notice to County before cancellation or m rial change of the above specified coverage. L-5 (Page 4 of 4) Initials: ontractor County Dept. standard Form L-5 (Purchase of Services-Long Norm) Revised 2003 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail,postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated-herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract'. and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of land or improvements, but,does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section l07), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either parry to this Contract. 25. Cop .Yriehts and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright,County reserves the right to copyright,and Contractor agrees not to copyright, such material. if the material is copyrighted,County reserves aroyalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use such materials, in whole or in part,and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of swell-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. L-5 (Page 5 of 5) Initials o tractor County Dept. �tandai d Form L-5 (Purchase or services -Long r ucm) Revised 2003 Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Reauired Audit. (A)If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year ending after December 31,2003 from any source, Contractor shall provide to County at Contractor's expense an-audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- 133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 3 1,2003 from any source,but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source,Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency,the General Accounting Office(GAO),the pass-through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B)and(C)above, Contractor-is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount,whichever is larger, or the final payment,from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor,represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6). Initials- onttractor County Dept. 01fL11UQ1t1 1 Vllll L 1 vva V avvv -- Revised-2002 Account# 2310 Other # 6W7223 1. Contract Identification, Department: Public Works Subject: Central/South/East County Street Sweeping ?. Parties. The County of Contra Costa,California(County),for its Department named above,and the following named Contractor mutually agree and promise as follows: Contractor: Universal Building Services Capacity: Corporation Address: 3120 Pierce St. Richmond, CA 94804 3. Term. The effective date of this Contract is November 1, 2005. It terminates on October 31, 2008 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 244,90000006 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 7. General and SiDedal Conditions. This Contract is subject to the General Conditions and Special Conditions (if any)attached hereto,which are incorporated herein by reference. 8. Pr This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Central/South/East County Street Sweeping L-1 (Page 1 of 2) v&.aaar%.aua%a a %a AL ate• ✓t \� w�vu�uv v► vv�.�.Wv.+ rva�b A. Revised. ?002 9. Leal Authority. This Contract is entered into under and subject to the following legal authorities: 10. SiLynatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA,. CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By BY Chairman/Designee Deputy CONTRACTOR Nam businessentity Name of b i ess enti niversa lding ices Univ r`al Bu ng S ices By A ( law ignature of individual or officer) By JLJL?CX1V1UUd1 U1 U11 r' Leonard C. Brusseau, President Dario DeVincenzi, Operations Manager (Print name and title A, if applicable) (Print name and rifle B, if applicable) Note to Contractor: For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and-Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L2. L-1 (Page 2 of 2) CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT State of California County of Consta Costa ss. On_September 21, 2005 before me, Joyce A. Cuevas Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") ' personally appeared eared Leonard CoBrusseau and Dario DeVincenzi Name(s)of Signers) Z personally known to me ❑ proved to me on the basis of satisfactory evidence . to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed JOYCE A.CUE/AS the same in his/her/their authorized CoMffdNiOn#15138 72 capacity(ies), and that by his/her/their AL:s M is 0 o--1k W-%fikollu-Csignature(s)on the instrument.the person(s), or toga Courcy the entity upon behalf of which theerson s p ( ) CAm.8 mc h► P 1 7. acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ' OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. , Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: OF SIGNER ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—_❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: Designee � Deputy APPROVED: COUNTY ADMIlNISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On ,before me, insert name and title of the officer), personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or individual) (Civil Code§1189) L-2 (Page 1 of 1) Contra Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts-Long and Short Form) Revised 2002 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions,County will pay Contractor the following fee as full compensation for all services,work,expenses or costs provided or incurred by Contractor: [Check one alternative only. a. $5,728.98 monthly, or ❑b. $ per unit, as defined in the Service Plan, or ❑ C. $ after completion of all obligations and conditions herein. ❑ d. Other. 2, Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-45 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made,or his designee,County will make payments as specified in Paragraph L(Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s)for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initi V Contractor County Dept. Form P-1 (Page 1 of 1) Service Plan I. Scope and Location of Work: The work to be done consists of street sweeping on curbed public streets including, but not limited to, curb returns and median islands in the unincorporated communities in Central, East and South Contra Costa. County as described in the List of Streets and the attached maps. In case of any conflicts,between the List of Streets and the maps, the maps will prevail. II.Term of Contract: The contract term is from November 1, 2005 through October 31, 20080 WA The Contractor -will be entitled to an annual rate adjustment upon each annual anniversary of this contract the amount of said *increase to be approved by the.County. The rate for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco- Oakland=San Jose area published by the U.S. Department of Labor, Bureau of Labor Statistics which is published for the date nearest the anniversary date of this contract. (www.bls.aov/ro9/9240.pdD In no case shall the adjusted rate be less than the initial rate bid for this contract. In the event that the State or other legal authority determines during the term of the contract that the labor used in this contract is subject to Prevailing Wage regulations, the County shall require that Prevailing Wage be paid and shall re-negotiate the unit prices to account for the increase in labor cost. Ill. Frequency and Timing: Street sweeping services shall be performed once monthly, as per the attached street sweeping schedule. There shall be no deviations, save for the following three (3) exceptions, and bids should be made accordingly: 1) the regularly scheduled sweep day has to be rescheduled due to a change of schedule for garbage collection services; 2) the sweep day must be rescheduled due to heavy rains; or 3) the sweep day falls on a holiday. When there is an exception to the routine schedule, sweeping shall be rescheduled for another day during that workweek. Any variation will require approval by the County's County's Project Manager. At no time shall street sweeping conflict with local garbage collection pick up days. The Contractor shall notify the County's Project Manager if such conflicts occur. Sweeping should be done at a time of day when the least number of parked cars are present. IV. Additions and Deletions: Contra Costa County reserves the right to or delete curb miles and to increase or reduce the 'sweeping frequency called for in these specifications. The unit cost bid per curb mile shall be used for additions or deletions and will dictate the maximum increase or decrease that shall be allowed for additional miles or additional frequency. The unit cost bid per curb mile for both sweeping and disposal was: • Central/South County: o Sweeping Curb Mile cost: $23.80 per c/m o Disposal Cost/Curb Mile: $2.06 per c/m • East County: $20.47/curb mile o Sweeping Curb Mile Cost: $18.45 per c/m o Disposal Cost/Curb Mile: $2.02 per c/m V. Performance Standards: The San Francisco Bay and Central Valley Regional Water Quality Control Boards(RWQCB)have each issued a permit that governs stormwater and non-stormwater discharges resulting from areas owned and operated by Contra Costa County. The RWQCB Permits are National Pollutant Discharge Elimination System(NPDES)Permit Nos. CAS0029912 amended by Amending Order No. 99-058 and Order No.R2-2003-0022, and CA0083313 respectively. Copies of the RWQCB Permits are available for review. In order to comply with the Permit requirements,the County has developed Best Management Practices(BMPs)to which parties conducting the municipal activities must adhere. These BMPs apply to any party conducting municipal activities and contain pollution prevention and source control techniques to minimise the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Work performed under this CONTRACT shall conform to the Permit requirements, and all applicable BMPs. The CONTRACTOR shall ensure that all employees responsible for providing sweeping services fully understand the BMPs applicable to activities that are being conducted under this CONTRACT prior to.conducting them. The CONTRACTOR shall maintain copies of the BMPs throughout the CONTRACT duration. The BMPs and Performance Standards are as follows: a. Equipment used may be regenerative air, dry vacuum air or tandem broom and vacuum air sweepers,except on Richmond Parkway,where a mechanical broom sweeper shall be used. b. Equipment must be maintained and kept in proper adjustment. c. Equipment must-be operated at the speed specified by the manufacturer for the type of debris being swept. d. The Contractor shall complete all sweeping per schedule. Mechanical failures or personnel problems shall not be acceptable reasons for failure to comply. The Contractor shall supply backup equipment and/or personnel at no additional cost to the County. e. The Contractor shall be capable of providing any additional equipment and personnel needed to sweep potential additional curb mileage for the term of this agreement. f. The street sweeping schedule may not be changed without the written approval of the County's Project Manager. g. After sweeping, curbs and gutters must be free of debris. Debris is defined as dirt, gravel, sand, leaves,trash,and fine particles. h. Obstructions such as accumulations of silt, compacted dirt, leaves and similar debris shall be removed unless the removal of such obstruction cannot be accomplished without damage to equipment, inflicting personal injury or clearly is beyond the capabilities of specified equipment. i. Obstructions such as small tree limbs and rocks shall be removed from the sweeping path and hauled away by the Contractor rather than by-passing the area. j. The Contractor shall notify the County's Project Manager of any obstruction and/or reason why sweeping could not be performed for a specific area. k. Refuse must be disposed of at a county approved site. At no time shall the operator drive or sweep any debris into storm drain catch basins. Dumping manifests shall*be provided to the County on request for confirmation of acceptable disposal of all material swept or otherwise removed as part of this contract. I. Each month the contractor will send to the County a record detailing mileage swept, days swept, cubic yards of debris collected, and other performance indicators. 2 m. No sweeping shall be performed during rainstorms, when there is running water in the gutter or impractical street, or for any other reason that makes sweeping as determined by County's Project Manager. V1. Complaints: Complaints submitted by the County's Project Manager or designee to the Contractor shall be resolved the day of the complaint, if possible. Within two (2) days the Contractor shall report the action taken to resolve each complaint to County's Project Manager. V11.Penalties.: The following are causes for penalties: * Operation of sweeper at speeds outside the appropriate limits for operation as specified by the manufacturer for the type of debris being swept. * Incomplete debris removal. * Failure to report actions on complaints within two working days as specified in above section VI Complaints. By entering into a contract for performance of all work called for in this service plan, the Contractor agrees to the following penalties as being appropriate and acceptable and fiirther agrees that monetary penalties may be deducted from funds otherwise due and payable to the Contractor. ♦ When' observed violating the foregoing causes for penalty, on the first occurrence, the Contractor will be notified by telephone. If the Contractor violates the same specification a second time,the County shall have the right to withhold payment of$100.00 for each street or portion of a street that is inadequately swept, each instance of sweeping outside of the 12 li appropriate operating speea mits or each failure to report action on a complaint. If the Contractor violates the same specification three or more times, the County shall have the right to withhold payment of $200.00 for each street or portion of a street that is inadequately swept, each instance of sweeping outside of the appropriate operating speed limits or each failure to report action on a complaint. The Program Manager shall determine the amount of penalty. ♦ Repeated instances of failure to meet the BMPs and performance standards above may result in termination of the contract at any time during the contract period. V111. Special Street CleaninL: The contractor shall perform special street cleaning and removal of debris and litter, in designated areas as requested by County's Project Manager. Payment shall be based on an hourly bid rate with a four hour minimum charge. Obligations: * Contractor by removing large Ix. County's The Public Works Department will assist obstructions that impair the vertical and/or horizontal clearance of the work site. Documenting citizen complaints and reporting them to the Contractor will be the responsibility of the County's Project Manager or designee, as well as changes in scope of work. In addition, when appropriate, the County's Project Manager or designee will write and distribute notifications of street sweeping schedules. X.Payment Provisions: a. Payment will be made monthly according to attached Payment Provision Table and will reflect any penalties as outlined in section V11 Penalties above. 3 b. Additional payments up to the total contract amount may be made for special work approved by the County's Project Manager or designee. G:\GrpDatalFldCtiWPDES4Street Sweeping\Contracts\Central-South-East2005-08LServiceP1an05-08 SJW Modif 9-19-05.doc 4 Special Conditions Indemnification. Paragraph 18 of the General Conditions is deleted in its entirety and replaced with the following: a. Contractor shall defend, indemmUN, save, and hold harmless County and its officers and employees (Collectively"indemnitees") from any and all claims, costs injuryand liability for any damages5 sickness, death, or to person(s) or property, including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations or-services of Contractor or its agents, servants, employees or subcontractor hereunder!, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will.reimburse County for any expenditures, including reasonable attorneys" fees, County may make by reason of the matters that are the subject of this indemnification, and, if requested by County, will defend any claims or litigation to which this indemnification provisions applies at the sole cost and expense of the Contractor. b. Contractor shall place in its subcontracting agreements and cause its subcontractors to agree to indemnity and insurance obligations in favor of County and other Indemnitees in the exact form and substance of those contained in the Contract. ce The provisions of this section shall survive termination of this Contract. Insurance. Paragraph 19a(Liability Insurance) of the General Conditions, is deletedin its entirety and replaced with the following: Contractor s..UO provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum single limit coverage of$1,000,000 for all damages, includingcombined consequential damages,due to bodily injury, sickness or disease,, or death of any person ordamage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this aaprimaryreement. Said policies shall constitute insurance as to County, the state and 40-W federal government, and their officers, agents,, and employees, so that other insurance policies held by them or their self-insurance programs) shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. Contractor shall, provide County with a copy of the endorsement making the County an additional insured on all general liability,worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. "A%.-Am"Lay.,tVA Lvca V AL-Va -x-Jung 1'V1111) Revised 2003 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal,state and local laws #A 10 and regulations with respect to its performance under this Contract, including but not limited to, licensing,employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance,I place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. I Records, Contractor shall keep and make available for.inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County, a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the Now date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this contracts funding period. Upon request,Contractor shall make these records available to authorized representatives of the County,the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1 861(v)(1)of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the County.,the Secretary of Health and Human Services,or the Comptroller General,or any oftheir duly authorized representatives, this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelv*e-month period,such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party, in its sole discretion,upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. L-5 (Page 1 of 1) Revised 2003 b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non- County funding for this Contract ceases,this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications tions of operating.procedures and budgets for Procedures. Detailed specifications required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement between Contractor and County. Inforn al Agreements s*hal I be designated as such and shall not be amendments to this Contract except tothe extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Info Agreements maybe approved and signed by the head of the county department for which this Contract is made or its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval,by its designee,subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by .Contractor and the County Administrator (or designee), subject to any required state or federal approval,provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government. 10. Choice of Law and Personal3urisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. L-5 (Page 2 of 2) Initij Contractor County Dept. (rUI'Ci13iSe OI n8I'V1Ce.S-Long t+orm) Revised 2003 b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State of California. l 1. Conformance with Federal and State Regulations and-Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements.- 12. equirements.12. No Waiver bl County. Subject to Paragraph 9.(Disputes)of these General Conditions',inspections or approvals,or statements by any officer,agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor, or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee,subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and isnot intended to and shall not be construed to create the relationship between the parties of agent,servant,employee,partnership,joint venture or association. 15. Conflicts of Interest. Contractor,its officers,partners,associates,agents,and-employees,shall not make,participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq.,or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners.,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not Limited to, the identity of persons served under this Contract,their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed_,any list of persons receiving services,except as maybe required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. L-5 (Page 3 of 3) �� Initia)ls: Contractor County Dept. oLanuaiu i*uujj i_jTj kr U1 unatbu UJL OVI-Vilum-JUU11% 1`U1 111) Revised 2003 17. Nondiscriminatory Services., Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age,sex,race,religion,color,national origin,ethnic background, disability,or sexual orientation,and that none shall be used, in whole or in part,.for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees from any and all claims,costs and liability for any damages,sickness,death,or injury to person(s)or property,including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this 'Indemnification, and, if requested by County, will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. It a two 19. Insurance. During the entire term of this Contract and any extensi a on or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles,with a minimum combined single limit coverage of$500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease,or death to any person or damage to or destruction of property, including the loss of use thereof,-arising from each occurrence. Such insurance shall be endorsed to 'Include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County,the state and federal governments,and their officers, agents,and employees,so that other insurance policies held by them or their self-insurance programs)shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers' Comuensafion. Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with.(a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract,then Contractor shall provide(a)current certificate(s) of insurance, d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty (30) days written notice to County before cancellation or ma ial change of the above specified coverage. ,a, L-5 (Page 4 of 4) �s Initia . ls o tr; ntractor County Dept. z#�*-.tanciarcl corm L-.*) (YurCnase of services Long r orm) ?devised 2003 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail,postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to County shall be the date of receipt by the head of the county department for which this Contract is made, 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the Special Conditions (if any) and Service Plan do not limit any tern of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue,& Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest.. Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Benef ciaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materialsproduced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, County reserves the right to copyright,and Contractor agrees not to copyright, such material. If the material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish, and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or WMM� oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. L-5 (Page 5 of 5) Initials: ontractor County Dept. NianaarU r orm L-J (Purchase of services-Long r orm) Revised 2G03 Notwithstanding the foregoing, Contractor may express -its views on products to other contractors, the Board of Supervisors, County officers, or others who may.be authorized by the Board of Supervisors or by law to receive such views. 2 7. ReQuired Audit. (A) If Contractor is funded by $500,000 or more in federal grant funds in any fiscal year ending after December 31,2003 from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- 133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31,2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 3l, 2003 from any source,Contractor is exempt from federal audit requirements for that year, however,Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency,the General Accounting Office(GAO),the pass-through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6) , Initials: Contractor County Dept.