Resolution No. 23-07 Page 3 June 8, 2023
RECOMMENDATION
That the City Council consider the adoption of Resolution No. 23-07 - “A Resolution of the City Council of the City of Buellton, California, Regarding the Commitments and Publishing the Report Required by Central Coast Water Authority Resolution Nos. 92-02 and 92-11”
ATTACHMENTS
Resolution No. 23-07 (with Exhibit A - Water Supply Report 2023)
RESOLUTION NO. 23-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, REGARDING THE
COMMITMENTS AND PUBLISHING THE REPORT
REQUIRED BY CENTRAL COAST WATER AUTHORITY
RESOLUTION NOS. 92-02 AND 92-11
I. THE CITY COUNCIL OF THE CITY OF BUELLTON DOES HEREBY FIND AND DETERMINE AS FOLLOWS:
A. The City of Buellton (“City”) has a Water Supply Agreement with the Central Coast Water Authority (“Authority”); and
B. One of the conditions of approval of the Santa Ynez and Mission Hills Extensions to the Coastal Branch Phase II of the State Water Project as found in Central Coast Water Authority Resolutions 92-2 and 92-11 requires the following commitments:
1. Prior to the City’s use of State Water Project water, the City will commit that the use of that water will be used first to offset the contractor’s proportionate share of groundwater basin overdraft, if any, and to improve water quality for its customers, if appropriate, before being made available for other purposes.
2. Beginning in the year that State Water Project water is first delivered and annually thereafter, the City will commit to prepare and publish an annual report on its long-term water supply. This report shall include a calculation which quantifies:
(a) the obligation to offset groundwater overdraft and improve water quality, if any, set forth in the prior condition; and
(b) reasonable estimates of total supplies available to the City, including but not limited to local supplies and the contractor’s prediction regarding State Water Project urban delivery capacity, determined from State Department of Water Resources (DWR) operations studies; and
(c) the available water supply for the ensuing year and the amount of State Water Project water necessary to fulfill the contractor’s obligations; and
(d) sufficient information to monitor compliance; and
Resolution No. 23-07 Page 2 June 8, 2023
C. This resolution has been presented for adoption to the City Council of the City of Buellton at a public hearing and the Annual Long-Term Water Supply Report (“Report”) attached as Exhibit “A” to this Resolution has been distributed to local libraries and City Hall for public review for a period of time in excess of 30 days prior to the hearing.
II. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUELLTON DOES HEREBY RESOLVE AS FOLLOWS:
A. The City Council of the City of Buellton (“City”) hereby commits to using State Water Project water, which it receives to first offset the City’s proportionate share of groundwater basin overdraft, if any, and to improve water quality for its consumers, if appropriate, before making such water available for other purposes.
B. The City Council of the City hereby adopts the Annual Long-Term Water Supply Report (“Report”) attached as Exhibit “A” to this Resolution.
C. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 8th day of June 2023. __________________________________
Dave King
Mayor
ATTEST:
___________________________________
Linda Reid
City Clerk
City of Buellton Water Su
A
pply Repor
NNUAL
t 2023
WATE
Jun
Pr
R
Director
ER SUP
ne 2023
repared by:
Rose Hess
r of Public Wo
PPLY RE
orks
PORT
0
C
1 T
G
T
T
U
Y
a
City of Buellt
1.0 Introd
The City of B
Groundwater
The groundwa
The City curre
Underflow an
Ynez Underflo
and for hillsid
ton Water Su
duction
Buellton’s wa
is supplied f
ater sources a
ently has four
nd one (1) in
ow. Howev
e/field irrigat
upply Repor
ater is suppl
from the Bue
are shown in
r (4) wells as
the Buellton
er, both well
tion at the “W
rt 2023
ied by groun
ellton Upland
Figure 1 (ide
Figure 1. G
part of the w
n Uplands. T
ls are used so
Willemsen Ran
ndwater and
ds Groundwa
ntified as Zon
roundwater
water supply s
The City also
olely for irrig
nch”.
supplement
ter Basin and
ne D and Zone
r Basins
system: three
o has two add
gation purpos
ted by State
d the Santa Y
e A).
e (3) shallow w
ditional wells
ses for the Za
Water Proje
Ynez River U
wells in the S
s, located in
aca Creek Go
1 ect. The
nderflow.
anta Ynez
the Santa
olf Course
C
T
C
P
t
p
City of Buellt
The City is al
CCWA owns
Project to th
turn-out from
provides a gen
ton Water Su
so a particip
and operate
e project pa
m the CCWA
neral exhibit
upply Repor
ant of the St
s water trea
articipants in
A pipeline tha
of the State W
rt 2023
tate Water P
tment faciliti
Santa Barba
at delivers w
Water line.
Figure 2. St
Project throug
ies and pipe
ara and San
water directly
tate Water P
gh the Centr
line that del
Luis Obispo
y to the City
Project
ral Coast Wa
ivers water f
o Counties.
y’s distributi
ter Authority
from the Sta
Buellton ha
on system.
2 y (CCWA).
ate Water
s one (1)
Figure 2
City of Buellton Water Supply Report 2023 3
2.0 Production
The City has two water treatment facilities. The McMurray Water Treatment Plant treats water pumped from the three wells in the Santa Ynez River Underflow. The City’s permit to draw from the Santa Ynez River Underflow is currently 1385 acre-feet per year. The City’s 246 Water Treatment Plant treats water pumped from one well in the Buellton Uplands. There are currently no permit restrictions on pumping from the Buellton Uplands. During normal and wet years, the primary wells utilized are in the Santa Ynez River Underflow. During dry/drought years, the primary well utilized is in the Buellton Uplands. Table 1 shows the total production for each source by month.
The City’s State Water Project allocation is 578 acre-feet. In March 2022, the Department of Water Resources (DWR) notified its contractors that the deliveries would be only 5% of the allocations, a reduction from the 15% anticipated from December 2021.
In 2022, the City produced 1063 acre-feet of water (approximately 346,383,000 gallons) from its groundwater supply. Total water supply produced/received in 2022 (groundwater plus State Water Project) was 1127.2 acre-feet (approximately 367,299,200 gallons).
With the 2022 population of 5464, the water produced on an average daily basis was 184 gallons/day/capita. It is important to note that this figure reflects total water use/production and cannot be reasonably compared to other agencies daily per capita rates. The City of Buellton has unique conditions where the actual residential vs commercial/industrial water use is approximately 50-50.
Table 1. Water Production 2022
Buellton Uplands Santa Ynez River
Underflow
State Water
Project
Total 2022
Production
Amounts (AF)
413.8 649.2 64.2 1127.2
City of Buellton Water Supply Report 2023 4
3.0 Supply
The City of Buellton’s water is supplied by Groundwater and supplemented by State Water Project. The City’s groundwater basins are informally managed by the Santa Ynez River Water Conservation District. Formed in 1939 for the primary purpose of protecting water rights on the lower Santa Ynez River, the District has overseen the groundwater basins from Santa Ynez to Lompoc (as shown in Figure 1, page 1). The District provides an annual report summarizing the groundwater production and charges and a status of groundwater and surface water supplies.
In April 2022, the Santa Ynez River Water Conservation District published its 44th Engineering and Survey Report on Water Supply Conditions. This report summarizes the conditions of supply and basin storage, particularly during Spring which provides the best direct indication of the groundwater conditions during the past year.
The 2 monitoring wells within the City of Buellton reflecting the Buellton Upland basin showed a decrease of water level in the past year. Under normal water supply conditions, the Santa Ynez River Alluvium (Santa Ynez River Underflow) is replenished yearly. During these times, a water rights release may occur from Lake Cachuma to provide replenishment. In 2022, water releases started on August 8, 2022 through October 5, 2022.
In the past year, the City did not experience any issues with shortages from its supply in the Santa Ynez River Underflow.
During normal conditions, both groundwater supply sources are in good condition and for planning purposes are equally utilized for production of water. Table 2 provides a summary of water supply reasonably available to the City during the Fiscal Year 2022 and for a cumulative long term period (5 years). Operationally, the City utilizes one of the two groundwater sources as the primary resource based on needs and efficiency. Due to permitting rights, the primary wells the City utilizes are in the Santa Ynez River Underflow during normal and wet years. However, during dry/drought years, the primary well utilized is in the Buellton Uplands.
Table 2. Water Supply Availability
Buellton Uplands Santa Ynez River
Underflow
State Water
Project
Total 2022
FY 2021 (AF) 1,000 1,385 578 2,963
Cumulative Long
Term Projection (AF)
5,000 6,925 2,890 14,815
The following Table 3 is an estimate of the water demand anticipated during Fiscal Year 2022 and over the long
City of Buellton Water Supply Report 2023 5
term (5 year) period. These estimates are well within the Supply Available in Table 2.
Table 3. Water Demand Forecast – 5 Years
Buellton Uplands Santa Ynez River
Underflow
Total 2022
FY 2022 (AF) 750 750 1,400
Cumulative Long
Term Projection (AF)
3,750 3,750 7,000
The City also utilizes State Water Project as part of its water supply. Buellton’s State Water Project allocation is 578 acre-feet, but is subject to availability by the State. The City may utilize State Water Project water in lieu of (or in addition to) pumping from the Santa Ynez River Underflow or the Buellton Uplands. At this time, State Project Water is used to supplement the City’s peak water demands or if any of the City’s water facilities is under repair.
City of Buellton Water Supply Report 2023 6
4.0 Groundwater Management
On November 10, 2016, the City Approved Resolution No. 16-26, deciding to become a Groundwater Sustainability Agency with the Santa Ynez River Water Conservation District to pursuant to the Sustainable Groundwater Management Act (SGMA). This provides the organization of the Central Management Area and begins our SGMA compliance and formal groundwater management, further protecting the long term sustainability of the City’s groundwater basin supply. The Central Management Area is shown in Figure 3.
During 2018, the formation of the Central Management Area was finalized. Under the lead of the Santa Ynez River Water Conservation District, a Request for Proposals was published, and subsequently consulting contract awarded to Stetson Engineers, for the groundwork for the SGMA compliance. Grant Agreement was also finalized with the Department of Water Resources under Prop 1b to assist in funding these early SGMA studies required for completion.
Figure 3. SGMA Basins
City of Buellton Water Supply Report 2023 7
Figure 4. Central Management Area
Local organization of the Central Management Area continued in 2022 with the following general milestones:
Completion and submission of the Groundwater Sustainability Plan by Stetson Engineers, which includes:
Data Management Plan,
Stakeholder Engagement Plan, and
Hydrogeologic Conceptual Model
Various Well Verifications for Santa Barbara County Health Continued coordination on GSA management with WMA and EMA These documents can be located at the Santa Ynez River Valley Groundwater Basin website at:
City of Buellton Water Supply Report 2023 8
https://www.santaynezwater.org/central-gsa . These documents provide the base data sets which will be used for the Groundwater Sustainability Plan.
Work in 2023 will continue the work implementing the Groundwater Sustainability Plan (GSP) and formation of governance amongst the basins to efficiently provide compliance and implementation.
As a summary, the GSP development process included 3 major building blocks: Basin Setting, Numerical Groundwater Model and the Sustainable Management Criteria. The Basin Settings characterizes the basin, evaluates and assess current and historical conditions, and quantifies groundwater flows into and out of the basin. It is summarized through the Hydrogeological Conceptual Model, Groundwater Conditions and the Water Budget. The Numerical Groundwater Model is a computational method to represent an approximation of the hydrologic system. This tool will be utilized for estimating the potential hydrological effects of proposed water management activities. The Sustainable Management Criteria (SMC) is where the local controls of groundwater management will be developed. The GSP was formally adopted in January 2022 and submitted to the State. .
City of Buellton Water Supply Report 2023 9
5.0 Groundwater Replenishment/Recycled Water
The City of Buellton’s does contribute to the replenishment of the groundwater systems. The City’s wastewater treatment plant currently discharges approximately 432,000 gallons of secondary treated effluent per day (2022 average daily flows) into infiltration basins. Specific studies on the extent of actual replenishment have not been conducted.
Recycled Water Feasibility evaluation has previously been conducted by staff. At this time, the cost-benefit to construct the necessary plant improvements and city-wide infrastructure to treat, produce and deliver tertiary treated, Title 22 compliant effluent cannot be met due to the limited amount of potential users that could utilize the reclaimed water. While this option is not currently feasible, it will remain an option to review periodically as grant funding becomes available or if alternative opportunities surface.
City of Buellton Water Supply Report 2023 10
6.0 Conservation
In order to provide long term sustainability, the City has been emphasizing water use reductions in the community. In an effort to advocate water conservation, the City has continued to implement outreach programs in conjunction with Santa Barbara County and other local jurisdictions. This outreach can be recognized as:
Currently, the City provides water conservation “Cash-4-Grass” rebate programs to residents and businesses.
The City is currently revamping this program to allow more residents and businesses to make the most of this benefit. In addition, the City has been providing outreach through the local newsletter – The Buellton Buzz in addition to additional water bill inserts.
The City has also been striving to lead by example with the drought tolerant landscape renovations at City Hall, completed in 2015. Additional conservation efforts include “smart irrigation” tuned to weather forecasts at all City Parks and Medians and conversion of Median 2 from grass to permeable pavers and drought tolerant landscaping.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: June 8, 2023
Subject: Award of Contract for Street Sweeping Services ______________________________________________________________________________
BACKGROUND
In March 2023, the City republished a Request for Proposals (RFP) for Street Sweeping Services (Attachment 1). The scope of work for the service includes sweeping on all City arterials, collectors, commercial/industrial and residential streets, alleys, and city parking lots twice a month. The areas include the entire length of all curbs (including along median curbs on Ave of Flags), uncurbed pavement edges, painted 2-way left turn lanes, midblocks between raised medians and painted medians, and intersection cross gutters.
Included within the RFP are Performance Standards which specifies that the City will withhold and deduct appropriate payment from the Contractor until services are rendered according to the specifications. The standards include:
• Safe Work/Operating Conditions – Contractor to ensure equipment is at all times in good operating conditions.
• Road Conditions – Operations shall not damage pavement surface and streets/curbs/gutters shall be free of debris after sweeping regardless of the number of passes required.
• Days/Hours – Operations shall occur on Monday between 6 am - 2 pm (for streets) 5 am - 6 am for city parking lots.
• Sweeping Logs – the Contractor shall submit the log for each sweep with the locations of streets swept, cubic yards of materials collected, speed of vehicle and type of sweeper used.
• Equipment and Storage – the Contractor shall provide their own storage of equipment and shall be conforming to the required specifications. In addition, the Contractor must maintain at least 2 sweepers at all times to ensure that equipment failure will not result in missed sweeping days. No make-up days will be allowed (unless due to weather and with concurrence from the City).
Street Sweeping Contract Page 2 June 8, 2023
It is expected the same schedule of 2nd and 4th Mondays to continue. The term of the contract is through June 30, 2026 with an option for three 1-year extensions.
The City received proposals from 2 companies: SP Maintenance Services, Inc. and Surface Management. A summary comparing the proposals are as follows:
SP Maintenance SCA
Cover Included Included
Respondent info:
Qualifications, similar
contracts, size of
workforce, current
ops/ability to complete,
License no, supplement
materials
City of Pismo Beach
City of Solvang
City of Morro Bay
Missions Hills CSD
City of Santa Maria, City
of San Luis Obispo, City of
Santa Barbara, City of
Lancaster
Statement of Work
Understanding
Included in RFP Included in RFP
Sweeper pictures/video of
actual equipment proposed
None None, but identifies
Tymco 600
References – 4 Included Included
Subs none none
Unit Cost – hourly rate $185 $220
Total Cost Proposal $45,674.40/yr. $111,078/yr.
Total REVISED Cost
Proposal
$45,674.40/yr. $91,702.80/yr.
Addenda n/a n/a
Exceptions Noted Concerns during heavy leaf
season as potential change
order.
Concerns during heavy leaf
season.
During the May 25, 2023 City Council meeting, Council directed staff to review liability options with CJPIA, if a reduction is allowed. In addition, staff was directed to contact the respondents for an updated Cost Proposal if insurance limits were to be reduced.
CJPIA staff has confirmed that the liability insurance limits for this particular contract can be reduced to $1M/$2M/$1M (Commercial liability/Aggregate/Auto). With that information, staff contacted the respondents and requested an updated cost proposal if our limits were reduced. The highlighted line item in the above table reflects the new cost proposals.
FISCAL IMPACT
The City currently has allocated $45,674.40 in the budget for Street Sweeping Services for both FY 23-24 and 24-25.
Street Sweeping Contract Page 3 June 8, 2023
RECOMMENDATION
Staff recommends that the City Council award the Street Sweeping Services Contract to SP Maintenance and authorize the City Manager and City Attorney to execute the Contract.
ATTACHMENT
Attachment 1 - Street Sweeping RFP
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 0
REQUEST FOR PROPOSALS
FOR
STREET SWEEPING SERVICES
March 2023
SUBMITTAL:
One original and five copies must be received on or before 5pm: April 21, 2023 ADDRESSED TO:
City of Buellton
Attn: Rose Hess, Public Works Director
107 West Highway 246
P.O. Box 1819
Buellton, CA 93427
MARK ENVELOPE:
"PROPOSAL – STREET SWEEPING SERVICES”
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE
SHALL BE RETURNED UNOPENED TO THE SENDER
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 1
TABLE OF CONTENTS
PAGE
SECTION A - GENERAL INFORMATION
A1 City Contact 3
A2 RFP Schedule 3
A3 Definitions 3
SECTION B – GENERAL REQUIREMENTS
B1 Project Summary 6
B2 Performance Standards 6
SECTION C - SUBMISSION OF PROPOSALS
C1 Proposal Contents 8
C2 Contractor Obligations 12
C3 Background Information 12
SECTION D - AWARD OF CONTRACT
D1 Review of Proposals 13
D2 Evaluation Criteria 13
D3 Selection Procedure 14
SECTION E - CONTRACT PROVISIONS
E1 Contract Documents 15
E2 Labor Provisions 16
E3 Insurance 19
E4 Work Execution 19
LIST OF APPENDICES
APPENDIX A - KEY MAPS and SITE DESCRIPTIONS
APPENDIX B - STANDARD CONTRACT and INSURANCE
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 2
SECTION A - GENERAL INFORMATION
SECTION A1 - CITY CONTACT
All questions regarding this RFP are to be submitted in writing via U.S. mail or e-mail to:
CITY OF BUELLTON
Attn: Rose Hess
Subject: 2017 Street Sweeping Services RFP Question/Clarification 107 West Highway 246
P.O. Box 1819
Buellton, California 93427
Email: [email protected]
All contacts during the proposal process shall be through the City of Buellton. Attempts by the Respondent to contact department representatives may result in disqualification of the Respondent from the proposal process.
SECTION A2 – RFP Schedule
Milestone Date
Proposal issued March 16, 2023
Written Questions Due April12, 2023
Proposal Due April 21, 2023
Tentative Award Date May 11, 2023
Tentative Contract Start Date July 1, 2023
Award and start dates are approximate. It is the responsibility of each Respondent to be familiar with all of the specifications, Contract terms and conditions and Site conditions. The Respondent agrees and acknowledges all RFP specifications, terms, and conditions and indicates the ability to perform by submission of a proposal. By the submission of a proposal, the Respondent certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
SECTION A3 –DEFINITIONS
Agreement: The standard form of agreement contained in Appendix D as modified pursuant to Section E1.1 of the RFP.
Authorized
Representative: The person designated by the City as having the authority and responsibility for administering the Project.
City: City of Buellton, California.
Contract Documents: The Agreement, as modified, together with the terms and conditions set forth in Section E of the RFP
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 3
Contractor: The successful Respondent to the RFP to whom contract is awarded.
Curb Mile: Curb mile shall be defined as the distance the sweeping machine travels with an effective sweeping width of eight (8) feet from the curb face along an improved street.
Emergency Service: That service which can be requested by the City to be performed outside the bounds of the scheduled service within two (2) hours of being notified to provide such service.
Inclement Weather: Weather conditions that prohibit the effective operation of sweeping operations, such as heavy rain or winds.
Leaf Season: The four months of the year when leaf fall is the heaviest. This period is typically runs from October 15th until February 15th. This timeframe is subject to change, and will be communicated to the contractor by the Director of Public Works or her designee.
Non-Leaf Season: The eight months of the year where leaf fall is not expected to be heavy. This period typically runs from February 16th through October 14th. This timeframe is subject to change, and will be communicated to the contractor by the Director of Public Works or her designee.
Maintenance
Specifications: The specifications set forth in Section F of the RFP which includes.
Project: The Statement of Work described in Section B of the RFP.
Respondent: The party or parties who submit a proposal in response to the RFP.
RFP: Request for Qualifications/Request for Proposals for the Project.
Scheduled Service: Sweeping frequency as defined in the contract documents which must be performed on the schedule set forth in the contract documents.
Site: The physical location of the Project and includes each and every area listed and described in Appendix A and B of the RFP. All locations are city owned facilities and paved dedicated public rights-of-way.
Street Debris: All loose, inert, dry waste material including refuse, dirt, rocks, sticks, sand, glass, metal fragments, cans, bottles, leaves, and typical street litter.
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 4
Unscheduled Service: That service which can be requested by the City to be performed outside the bounds of the scheduled service which can be anticipated a minimum of twenty-four (24) hours in advance.
Work: The provision of management, tools, supplies, equipment, and labor necessary to undertake the Project.
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 5
SECTION B – GENERAL REQUIREMENTS
SECTION B1 - PROJECT SUMMARY
The intent of these specifications is to provide street sweeping cervices to the City of Buellton on a regularly scheduled basis on arterial, collector, commercial/industrial, and residential streets, alleys, cul-de-sacs, and parking lots to remove litter, leaves, dirt, and debris.
Locations are designated in Appendix A (Key Maps) and Appendix B (Site Descriptions). The entire length of all curbs (including median curbs and curb returns), uncurbed pavement edges, painted (2-way) left turn lanes, mid-blocks between raised medians and flush painted medians, and intersection cross gutter areas shall be swept each time the street is swept.
The program shall leave these areas with a presentable appearance and help reduce the accumulation of dust and debris created by traffic, storm runoff and other causes. The Contractor shall provide all management, tools, supplies, equipment, and labor necessary to insure that maintenance services are properly performed for all areas designated as scheduled. This contract has specific standards for service level including the assurance of readily available back-up sweepers to ensure that the sweeping schedule is maintained without the need of a make-up day. This contract requires a supervisor to be available to the City via phone/email to ensure that the highest level of service is provided.
The Contractor shall use and furnish at their own expense all labor, equipment and materials necessary for the satisfactory performance of the street sweeping requirements set forth.
SECTION B2 - PERFORMANCE STANDARDS
All work shall be performed in accordance with the highest street sweeping standard.
Standards and frequencies may be modified from time to time as deemed necessary by the City for proper maintenance of the sites.
If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold and deduct appropriate payment from the Contractor until services are rendered in accordance with specifications set for within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in a deduction of payment for that date or week. Payment shall be deducted for work not performed. Payment shall NOT resume until such time as the work is performed to City standard, nor shall reimbursement for prior inadequate work be given.
The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period, and shall continue to be withheld until deficiency is corrected, without right to retroactive payments.
The following are addition performance standards:
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 6
B2.1 Safe Work/Operating Conditions. The Contractor shall be solely and completely responsible for equipment operating conditions during the course of maintenance performed on each Site. The Contractor shall exercise caution at all times for the protection of persons and property. The Contractor shall install adequate safety guards and protective devices and ensure proper regular maintenance for all equipment and machinery used in the Work place.
The Contractor is responsible for any debris/broken equipment parts, etc. from its vehicles and equipment which may be left behind in the public right-of-way.
In addition, the Contractor shall operate the sweepers between four and five miles per hour when sweeping in order to ensure safe practice and complete pick-up of all street debris.
Unless it can be proven, to the satisfaction of the City, the sweeper can operate at a higher speed and still operate efficiently and safely.
B2.2 Road Conditions. The Contractor shall take precautions to avoid scalping, rutting, or damaging any pavement surfaces (this includes damage caused by lack of maintenance or neglect on the part of the Contractor during their operations. Any pavement conditions found that are existing and may cause potential issues shall be reported to the city immediately.
For Avenue of Flags – sweeps along the far west side on southbound Ave of Flags and along the far east side on the northbound Ave of Flags shall include sweeping of the appropriate width to ensure the parking curbs and the bicycle lanes are swept free of any debris.
The Contractor shall ensure after sweeping, curbs and gutters shall be left in a clean condition free from residue and debris. The Contractor shall make as many passes as are deemed necessary by the City to leave the streets, alleys and parking lots in a clean condition at no additional charge.
B2.3 Days/Hours of Sweeping. All regular scheduled street sweeping shall be performed on days that do not have trash pick-ups, these days include Monday and Thursdays. Currently Street Sweeping occurs on the second and fourth Mondays of the month. The City would like to maintain this schedule. All regular scheduled street sweeping shall be performed between the hours of 6 am and 4 pm (with the goal of completing the sweeps as early in the day as possible). Regular scheduled sweeping of public parking lot facilities shall be completed between the hours of 5 am and 6 am, with the exception of the Oak Valley Park parking lot, which shall conform with the hours of 6 am to 4 pm.
Sweeping days missed due to inclement weather may be skipped and no charge for that day shall be made to the City. If weather permits on the Thursday immediately following, sweeping may be made up. Contractor shall notify the City of any days missed that same morning.
Sweeping days due to the Holidays shall be made up on the Thursday immediately following.
B2.4 Sweeping Log. The Contractor shall submit weekly Sweeping Log monthly with Billing Statement for the period. The log shall include a daily starting and ending odometer readings, name of street, cubic yards of materials collected, speed of vehicle and type of sweeper used.
B2.5 Equipment and Storage. The Contractor shall perform work with equipment suitable to produce the quality of work prescribed within this RFP. All equipment shall be subject to the City’s approval prior to use. All sweeping equipment shall have appropriate safety markings
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 7
consisting of highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code and approved by the City.
The Contractor shall properly maintain a minimum of or have two (2) working machine sweepers, both in good condition and appearance, for use on the work under this contract at all times. This is to ensure that a back-up sweeper can continue activities to completion should the initial sweeper break down. Sweepers shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract or replaced with a sweeper which does meet the limits. Therefore, no make-up days will be allowed or are to be expected as Contractor shall assure a back-up vehicle to complete the work as scheduled.
The Contractor must provide his own storage for equipment such as sweepers, brooms, tires, gas, oil and other parts and materials. The City will not provide storage for any Contractor equipment.
B2.6 Disposal of Refuse. The Contractor is responsible for disposal of all debris collected through sweeping. The City does not have any dump sites available within the City Limits.
B2.7 Water. The contractor shall use water as an effective means to minimize dust from the sweeping process. No dry sweeping will be allowed.
B2.8 Regulatory. The Contractor shall follow and comply with all applicable regulatory requirements (federal, state, county, city or governmental department or agency) including but not limited to the Air Pollution Control District and Regional Water Quality Control Board.
Specifically, the Contractor shall implement all Best Management Practices required under the City’s NPDES permit.
SECTION C - SUBMISSION OF PROPOSALS
SECTION C1- PROPOSAL CONTENTS
C1.1 Proposal Contents. The content and sequence of the proposals shall be as follows:
a. Cover Letter. A one-page cover letter and introduction including the company name and address of the Respondent and the name, address and telephone number of the person or persons to be used for contact and who will be authorized to make representations for the Respondent. Whether the Respondent is an individual, partnership or corporation shall also be stated. It will be signed by the individual, partner, or an officer or agent of the corporation authorized to bind the corporation, depending upon the legal nature of the Respondent. A corporation submitting a proposal may be required before the contract is finally awarded to furnish a certificate as to its corporate existence, and satisfactory evidence as to the officer or officers authorized to execute the contract on behalf of the corporation. b. Respondent Information. Information which describes and demonstrates:
(i) qualifications and expertise for performing the services, as well as the Respondent's understanding of the proposed project;
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 8
(ii) similar or related contracts under which the Respondent has provided services of the type and nature sought under the RFP;
(iii) size of the Respondent's Workforce, proposed use of subcontractors (if any) and qualifications of the individual(s) who will be assigned to the Project; (iv) current operations and ability to complete the required Project in a timely manner; (v) State Contractor's License Number and expiration date; and (vi) any supplemental material (including letters of support or endorsement) indicative of the Respondent's capability. Include resumes as appropriate. c. Statement of Work. A general discussion of the Respondent's understanding of the Project, the scope of services proposed (including any deviations in the Statement of Work included in this RFP) and their ability to meet the performance standards as specified in Section B2.
Respondents are encouraged to explain what unique talents, skills and resources that distinguish them from other Respondents. This portion of the proposal will also note any exceptions to the requirements and conditions set forth in the RFP. If exceptions are not noted, the City will assume that the Respondent's proposal meets all requirements of the RFP. The Statement of Work shall include details, pictures and video file of the actual equipment/sweeper proposed for the project.
d. Job References. A list of at least four references of comparable projects for which the Respondent has been employed. For each reference, the following information shall be furnished:
(i) name and location of the project;
(ii) description of services provided;
(iii) name of owner, contact person, telephone number and mailing address; and (iv) size of contract (geographic area and dollar value) and status of completion. e. List of Subcontractors. A list of the name and address of each subcontractor to whom the Respondent proposes to sublet portions of the Work in excess of one-half of one percent of the total amount of its proposal or ten thousand dollars ($10,000), whichever is greater. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Respondent to furnish materials and labor, or labor only for the performance of Work at the Site of the Work or who will specially fabricate a portion of the Work off the site. f. Unit Costs. A fee schedule showing hourly rates should be included. This fee schedule shall be the basis of extra work that may be authorized as a special project or needs through the duration of the contract.
g. Cost Proposal. In order for the City to make a fair comparison between Respondent fee proposals, each Respondent shall detail their fee proposal as specified below. The fee quotation shall include all services, materials, equipment, etc., necessary to undertake the Project. In addition, each Respondent shall indicate the labor force, job classifications, hourly rate and estimated hours of Work of each person the Respondent intends to employee on the Project. Each Respondent may provide options for the City to increase or reduce the scope of the Work. See Table below to be submitted as part of your package:
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 9
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 10
CITY OF BUELLTON STREET SWEEPING COST PROPOSAL
DESCRIPTION QTY Unit cost EXTENDED $ EXTENDED $
Per WEEK Per Month
Curb-miles 32.6 miles
No Curb Roads 1.8 miles
Alleys 0.7 miles
Parking Lot 1
(Oak Park)
Miles
included
above
Parking Lot 2
(Riverview Park)
Lump
Sum
Parking Lot 3
(Sheriff/Library/PO)
Lump
Sum
Parking Lot 4
(Rear Post Office)
Lump
Sum
Parking Lot 5
(City Hall)
Lump
Sum
Parking Lot 6
(Park n Ride)
Lump
Sum
Hourly Rate For
Sweeper:
Total Monthly Cost:
(2xs/mo)
Total Annual Cost:
Contractor Name: Signature:
Date: Print Name:
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 11
g. Addenda. Each proposal shall include specific acknowledgment that the Respondent has received all addenda (if any) issued during the proposal period. Failure to so acknowledge may result in the proposal being rejected as not responsive. h. Page Limits. Proposals will be limited to 15 pages maximum. (single side pages, 12 pt font) C1.2 Qualifications of Respondent. Each Respondent shall be skilled and regularly engaged in the general class or type of Work called for under the Statement of Work described in Section B. Each Respondent shall also have no less than five (5) years experience in the magnitude and character of the Project. It is the intention of the City to award a contract to a Respondent who furnishes satisfactory evidence that it has the requisite experience and ability, and that it has sufficient capital, facilities, and plant to enable it to prosecute the Work successfully and properly, and to complete the Project within the time named in the contract.
To determine the degree of responsibility to be credited to the Respondent, the City will weigh any evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in the opinion of the City, a Respondent is determined to be insufficiently qualified, then that proposal will not be considered for award of the contract.
C1.3 Proposal Execution. The cover letter required pursuant to Section C1 shall be signed by the individual, partner, or an officer or agent of the corporation authorized to bind the corporation, depending upon the legal nature of the Respondent. Execution of the cover letter shall constitute acknowledgement and acceptance by the Respondent of the specifications, terms and conditions of the RFP unless otherwise stipulated in the proposal pursuant to Section C1. Each proposal shall be enclosed in a sealed envelope, labeled as specified in the cover sheet of the RFP. No oral, telegraphic or telephonic proposals or modifications will be considered.
C1.4 Costs and Pricing. Price quotations shall include everything necessary for the completion of the Project and fulfillment of the contract including but not limited to furnishing all materials, equipment, tools, plant and other facilities and all management, supervision, labor and services, except as may be provided otherwise in the contract. In addition, the proposal shall include allowance for all federal, state and local taxes, as applicable. In preparing cost quotations, each Responder represents that it has carefully examined the Contract Documents (as set forth in Section E) and the Site where the Work is to be performed and has familiarized itself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect, in any manner, the performance of the Work. The submittal of a proposal shall be conclusive evidence that the Respondent has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the Work.
C1.5 Modification of Proposal. A modification of a proposal already received will be considered only if the modification is received prior to the time announced for the opening of proposals. All modifications shall be made in writing, executed and submitted in the same form and manner as the original proposal.
C1.6 Submittal. Each Respondent shall submit one fully executed original and five copies of its proposal in a sealed envelope with Project name and closing date/time written on the
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 12
outside of the package. Proposals received after the closing time will not be considered. After award, all proposals shall be opened for public inspection. The City assumes no responsibility for the confidentiality of information furnished in a proposal. The City will not be held liable for any cost incurred by Respondents in submitting a proposal.
SECTION C2 - CONTRACTOR OBLIGATIONS
C2.1 Inspection of Sites. Respondents are required to inspect the Site of the Work in order to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed Work and as to the actual conditions of and at each Site. If, during the course of its examination, a Respondent finds facts or conditions which appear to conflict with the letter or spirit of the Contract Documents, or with any other data furnished in the RFP, it may apply to the City for additional information and explanation before submitting its proposal.
The submission of a proposal by the Respondent shall constitute the acknowledgment that, if awarded the contract, it has relied and is relying on its own examination of:
(i) the Site of the Work;
(ii) the access to each Site; and
(iii) all other data, matters, and things requisite to the fulfillment of the Work.
No claim for additional compensation will be allowed which is based upon a lack of knowledge of the aforesaid items.
C2.2 Examination of Contract Documents. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Respondent has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Respondent to receive or examine any of the Contract Documents shall in no way relieve it from any obligations with respect to its proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Document.
C2.3 Interpretation of Contract Documents. No oral interpretations will be made to any Respondent as to the meaning of the Contract Documents. Requests for an interpretation shall be made in writing and delivered to the City no later than the date designated as the deadline for written questions. Interpretations by the City will be in the form of an addendum to the Contract Documents and, when issued, will be sent as promptly as is practical to all parties to whom the Contract Documents have been issued. All such addenda shall become part of the contract.
SECTION C3 - BACKGROUND INFORMATION
C3.1 Contract Scope of Work. At this time, the proposal provides detail to all possible locations that may be included within this contract. The City Council, however, may elect to modify the scope and/or requirements and performance standards as necessary. The City Council may also elect to segregate work areas and award multiple contracts.
C3.2 Deviations in Requested Services. Under Section C1 (Statement of Work), Respondents may include " ... any alternative solutions or approaches to accomplishing the desired results ... " as part of their proposal. However, Section C1 also requires that each proposal" ...note any exceptions to the requirements and conditions set forth in the RFP."
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 13
SECTION D - AWARD OF CONTRACT
SECTION D1 - REVIEW OF PROPOSALS
D1.1 Postponement of Opening. The City reserves the right to postpone the due date and time for proposals at any time prior to the date and time stated in Section A2.
D1.2 Disqualification of Respondent. If there is reason to believe that collusion exists among the Respondents, none of the proposals of the participants in such collusion will be considered.
D1.3 Rejection of Proposals. The City reserves the right to reject any proposals which are incomplete, obscure or irregular; any proposal which omit anyone or more items specified in Section C1.1; any proposal which fail to itemize costs according to each Site; any proposal in which line prices are unbalanced in the opinion of the City; and any proposals from Respondents who have previously failed to perform properly or to complete on time contracts of any nature.
D1.4 Waivers and Deviations. The City reserves the right to waive any informalities or irregularities and any technical or clerical errors in any proposal as the City may deem appropriate. The City further reserves the right to negotiate deviations from the prescribed terms, conditions and requirements of the selected Respondent.
D1.5 Award of Contract. Within 45 calendar days after the due date for proposals, the City will act either to accept a proposal or to reject all proposals. The acceptance of a proposal will be evidenced by a notice of award of contract in writing, delivered by mail to the Respondent whose proposal is accepted. No other act of the City shall constitute acceptance of a proposal.
The award of contract shall obligate the Respondent whose proposal is accepted to furnish evidence of insurance and execute the contract set forth herein. Immediately following the award of contract, the Respondent will be required to meet with the City in a "Pre-Contract Conference" to review the Contract Documents to ensure that the documents will be properly executed and returned by the Respondent in a form acceptable to the City.
D1.6 Execution of Contract. The Agreement (as described in Section E1.1) shall be executed in duplicate by the successful Respondent and returned, together with the evidence of insurance, within ten (10) calendar days after the Notice of Award in Section D1. After execution by the City, one original contract shall be returned to the Contractor.
SECTION D2 - EVALUATION CRITERIA
When assessing performance, the following factors will be considered:
Respondents whose work experience is comparable in scope to the services requested under the RFP.
Qualifications of the individuals who will be assigned to perform the Work. Quality of past performance for comparable Work.
Qualifications of individuals responsible for supervising the Work and managing the Project.
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 14
Adequacy of personnel to perform the Work.
Demonstrated ability to work effectively with City staff and related parties. Demonstrated ability to keep costs reasonable in relation to Project scope. Knowledge of local conditions.
Demonstrated knowledge of cost containment procedures and practices. Demonstrated record of abiding by terms of contracts for comparable Projects. Completeness of proposal.
Reasonableness of proposed compensation.
Accessibility (i.e., ability to respond to service calls in a timely manner).
SECTION D3 - SELECTION PROCEDURE
D3.1 Selection Committee. All proposals will be evaluated by a Selection Committee comprised of City staff. The Selection Committee will screen the responses to the RFP and may select three or more firms as finalists. If necessary, finalists may be requested to interview with the Selection Committee as a part of the evaluation process. The finalist's Project Manager shall be required to attend the interview and respond to questions from the Selection Committee. Selection Committee will make a final recommendation to City Council.
D3.2 Assessment Process. The Selection Committee will employ several approaches in assessing performance including: (i) reviewing the experience listed in each proposal; (ii) seeking additional present and past information through the use of questionnaires; (iii) using data independently obtained from other information sources; and (iv) reviewing the proposed equipment/sweeper data/pictures/video. As part of this process, the City reserves the right to conduct a background inquiry of each Respondent that may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community.
D3.3 Interviews. Should an interview process be necessary, all Respondents shall be prepared to present technical oral presentations within five (5) days after being notified by the Selection Committee. Failure to be available for oral presentations when scheduled shall render a Respondent's proposal unacceptable. Technical oral presentations shall consist of an oral presentation of approximately one-hour in duration and consist of the following topics:
(i) staffing and organization required to execute the Project; (ii) understanding of the Project and services requested; (iii) methodology and approach for implementing an effective quality control system; and
(iv) questions the Selection Committee may have on the
Respondent's written proposal.
D3.3 Award. Upon recommendation of the Selection Committee, final selection and contract award will be made by the City Council. The Selection Committee's recommendation will be based on the Respondent's written proposal, background investigation and oral presentation.
Strong emphasis will be placed on the degree to which the Respondent has consistently demonstrated a commitment to customer satisfaction, timely delivery of services at a fair and
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 15
reasonable cost, and adherence to proposal representations and contract terms in previous awards. The City Council shall be the sole judge in making the final selection.
SECTION E - CONTRACT PROVISIONS
SECTION E1- CONTRACT DOCUMENTS
E1.1 Form of Agreement. The standard form of agreement used by the City is set forth in Appendix B. This Agreement will be modified as necessary to incorporate the Definitions (Section A), Statement of Work (Section B), Cost Proposal (Section C) and the remainder of the Sections within this RFP. In addition, the City reserves the right to further modify the standard form of agreement to incorporate such terms and conditions that are mutually acceptable to the City and Contractor. In the event of conflict between the provisions of the Agreement and the contract provisions set forth herein, the City, at its sole discretion, shall elect which provisions governs.
E1.2 Term of Contract. The initial term of the Agreement shall be for a period of three (3) years - ending June 30, 2026, with an option for three (3) additional one (1) year agreement extensions available. Subject to satisfactory performance and terms acceptable to the City. If the City elects to send out an RFP at the end of any portion of the term, the contract will automatically become month-to-month at the current contract rate.
E1.3 Payment. Subject to the terms and conditions set forth in the Agreement, the Contractor shall be compensated by the City pursuant to the terms set forth in the RFP. Each month the Contractor shall furnish to the City an original invoice for all work performed, including the required supporting documentation for the work performed, during the preceding month.
Should any extra work be performed at the request of the City, that work shall be separately itemized. The City shall independently review each invoice submitted by the Contractor to determine whether the Work performed and expenses included are in compliance with the provisions of the Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the payment request. a. Property Damage. If the Contractor damages any property belonging to the City, the City may either retain from the money due to the Contractor an amount sufficient to repair the damage or require the Contractor to repair the damage to the satisfaction of the City at the Contractor's expense. Contractor is responsible for any damages incurred to private property. b. Alternative Payments. It is agreed and understood that if the Contractor fails to perform the Work as specified herein, the City will withhold or deduct appropriate payment from the Contractor. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies, withhold and deduct appropriate payment from the Contractor until services are rendered in accordance with the specifications set forth within this documents. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week or month. Payment shall be deducted for work not performed. Payment shall be deducted for work poorly performed and which does not meet the expected standard.
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 16
Payment shall NOT resume until such time as the work is performed to the City standard, nor shall reimbursement for prior inadequate work be given.
The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period, and shall continue to be withheld until deficiency is corrected, without right to retroactive payments.
E1.4 Termination Provisions. Subject to the notice provisions set forth in the Agreement (Appendix H), the City may terminate the Agreement, at its convenience, with or without cause of action. Contractual deficiencies justifying immediate termination include:
(i) failure of the Contractor to perform all specific tasks outlined in the Statement of Work;
(ii) failure of the Contractor to recognize and correct valid customer complaints in accordance with response times (poor customer satisfaction); (iii) failure of the Contractor to perform regularly scheduled Site maintenance during the month; and
(iv) failure of the Contractor to adhere to its Quality Control Plan.
SECTION E2 - LABOR PROVISIONS
E2.1 Prevailing Wages. This Project and all Work performed there under shall be subject to prevailing wage law as stipulated in the California Labor Code. Contractor or subcontractor agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of the Contractor to be familiar with the California Labor Code, and failure or neglect of the Contractor to understand the California Labor Code shall in no way relieve him from any obligations.
E2.2 Hours and Working Conditions. The City is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of applicable law are a part of the Agreement to the same extent as though set forth herein and will be complied with by the Contractor.
E2.3 Non-Discriminatory Employment. In performing the Work, the Contractor agrees as follows:
Basic Provisions.
1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those items are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age,
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 17
physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act--Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, religion, ancestry, sex or national origin. Such action shall include but not be limited to the following: Employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those items are defined by the California Fair Employment and Housing Act--Government Code Section 12900- 12996), except where such discrimination is based on a bona fide occupational qualification.
3. The Contractor will send to each labor union or representative of Workers, with which it has a collective bargaining agreement or other contract understanding, a notice to be provided by the City advising the said labor union or Workers' representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Contractor will permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's Obligation for Nondiscriminatory Employment provisions of the Agreement, or Fair Employment Practices statute.
5. A finding of willful violation of the nondiscriminatory employment practices article of the Agreement or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible". d. Willful Violations. The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of any such written notice, the City shall notify the Contractor that unless it demonstrates to the satisfaction of the City within a stated period that the violation has been connected it shall be declared a
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 18
"disqualified bidder" until such time as the Contractor can demonstrate that it has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission. e. Alleged Violations. Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Manager shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Manager shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of the Agreement. In addition to any other remedy or action provided by law or the terms of the Agreement, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the nondiscriminatory employment practices provisions of the Agreement or has willfully violated such provisions, the City may, without liability of any kind terminate, cancel, or suspend the Agreement, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City forfeit a penalty of two hundred fifty dollar ($250.00) per day, or portion thereof, for each person who was denied employment as a result of such noncompliance.
Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City.
f. Contractor Compliance. The Contractor certifies to the City that it has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
1. The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the nondiscrimination provision and their responsibilities under it.
2. The Contractor shall notify all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the nondiscrimination provision.
3. The Contractor shall file a basic compliance report as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the Work force and who has the responsibility for determining whom to hire, or whether or not to hire.
4. The Contractor shall notify the City of opposition to the nondiscrimination provision by individuals, firms or organizations during the period of the Agreement. g. Lawful Remedies. Nothing contained herein shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. f. Subcontractors and Suppliers. The Contractor certifies to the City that it will comply with the following requirements with regard to all subcontractors and suppliers:
1. In the performance of the Work under the Agreement, the Contractor will include the provisions set forth above in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier.
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 19
2. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation's with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City.
SECTION E3 – INSURANCE
E3.1 General Provisions. Prior to the beginning of and throughout the duration of the Work, the Contractor shall maintain insurance in conformance with the requirements set forth in Section E.3.2 below. The Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. The Contractor acknowledges that the insurance coverage and policy limits set forth in Section E3.2 constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to the City. The exact form, terms and conditions of insurance are expressly set forth in Appendix B Section E.
E3.2 Insurance Coverage. The Contractor shall provide the types and amounts of insurance as set forth in Appendix B, Section E.
SECTION E4 - WORK EXECUTION
E4.1 Notice to Proceed. A written Notice to Proceed will be given by the City to the Contractor, denoting those Sites for which maintenance shall begin.
E4.2 Pre-Commencement Conference. With five (5) days of issuance of the Notice to Proceed and prior to commencement of Work, the City and Contractor shall conduct a PreCommencement Conference to coordinate execution of the Project. As part of the PreCommencement Conference, the City and Contractor shall jointly perform a field review of each site to establish baseline conditions including, but not limited to:
(i) status of landscape installation and City assumption of maintenance responsibilities;
(ii) functionality of irrigation systems including coverage, automatic timing and water pressure;
(iii) plant materials requiring immediate attention; and (iv) modifications requiring issuance of a Change Order. The pre-commencement meeting shall be conducted prior to commencement of maintenance at a time and place designated by the City. One week prior to the Pre-Commencement Conference the Contractor shall submit its Traffic Control Plan (if any).
E4.3 Change Orders. The City and Contractor may request changes in the Agreement, but no Work will be performed on such changes until the parties jointly approve the request in writing.
Subject to mutual agreement by the parties, the contract price shall be adjusted for any change, which requires a different quantity or quality of labor, materials, or equipment from that
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 20
originally required. Changed Work shall be performed in accordance with the original contract requirements except as modified by an amendment. Except as herein provided, the Contractor shall have no claim for any other compensation due to changes in the Work. Any changes or deviation from the Agreement made without authority in writing from the City's Authorized Representative will be at the Contractor's own risk. No such change shall be made nor adjustment in compensation granted unless the Contractor receives an executed amendment prior to making the change.
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 21
APPENDIX A: KEY MAPS and SITE DESCRIPTION
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 22
Description Length (feet) Length (miles) Notes
Curbs 171,939 32.6 Mainly neighborhoods, All median curb along Avenue of Flags
No curb roads 9,360 1.8 Ballard, Jonata, sections of Avenue of Flags Alleys 3,576 0.7 Behind City Hall and between Central and Avenue of Flags
Parking Lots 7Lots n/a Riverview Park, City Hall, Rear Post Office, Sherriff/Library/PO, Oak Park Parking Lot*, Park
and Ride, Ave of Flags Parking Lot**.
Totals 7 lots 36.5
*Lot included in curb-miles
**Lot not included for sweeping services.
1 2
3 5
4 6
7 2 MEDIANS
HERE
3 MEDIANS
HERE
BIKE LANE ALONG AVE OF THE FLAGS
STREET ADDRESS
STREET NAME (TYP.)
(PRIVATE PARK) PARKING LOT
LEGEND:
CITY OF BUELLTON
STREET MAP
BUELLTON CITY HALL
REVISIONS
JAN 30, 2023 ADDRESS UPDATES OF
1/30/2023 5:21:06 PM - O:\PROJECTS\SAN LUIS OBISPO\155059\200-155059-20003\CAD\SHEETFILES\CIBUE_STREET-ADDRESS-MAPS\CITY STREET SWEEPER MAP.DWG - FERREIRA, OCTAVIO www.tetratech.com
290 VALLEY STATION DR, SUITE 102
BUELLTON, CA 93427
0 SCALE:
150 300 600
1" = 300'
N
CITY OF BUELLTON PUBLIC STREETS
CALTRANS ROADS
DETAIL A
NTS
DETAIL E
NTS
DETAIL B
NTS
DETAIL C
NTS
DETAIL D
NTS
DETAIL G
NTS
DETAIL H
NTS
DETAIL I
NTS
DETAIL J
NTS
DETAIL K
NTS
DETAIL L
NTS
DETAIL F
NTS
CITY LIMITS
MEDIAN CURB ALONG AVE OF THE FLAGS
CITY OF BUELLTON STREET SWEEPING SERVICES RFP MARCH 2023 PAGE 23
APPENDIX B: STANDARD CONTRACT and INSURANCE
2023 Buellton Standard Consulting Agreement
AGREEMENT FOR STREET SWEEPING SERVICES
BY AND BETWEEN
THE CITY OF BUELLTON
AND
___________________________________
2023 Buellton Standard Consulting Agreement
- 1 -
AGREEMENT FOR STREET SWEEPING SERVICES
BETWEEN
THE CITY OF BUELLTON
AND
__________________________________
This Agreement for Street Sweeping Services (“Agreement”) is entered into as of this ____ day of _________, 2023 by and between the City of Buellton, a California municipal corporation (“City”) and ____________________, a ___________________ (“Service Provider”). City and Service Provider are sometimes individually referred to as “Party” and collectively referred to as the “Parties.”
RECITALS
A. City has sought, by [describe process used, i.e. request for qualifications, request for quotations, request for proposals, direct negotiation, informal quotes] the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a [proposal, quote, bid, etc.] for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Buellton’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for [3 years] commencing on July 1, 2023. The Agreement may be extended with a potential of three 1-year extensions.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
2023 Buellton Standard Consulting Agreement
- 2 -
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, as determined by City in its sole and absolute discretion, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized by City in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________________________ dollars ($_____________), unless additional compensation is approved by City in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractors. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” includes payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review and approve, in City’s sole discretion, each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider nor shall payment to Service Provider be deemed a waiver of any other breach or default by Service Provider.
2023 Buellton Standard Consulting Agreement
- 3 -
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents (whether digital, physical or otherwise) prepared, developed, received or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. All documents shall be turned over to City within thirty (30) days of completion, expiration or termination of this Agreement.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and other records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records (whether digital, physical or otherwise) evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement.
Any and all such documents or records shall be maintained for at minimum three (3) years from the date of completion, expiration or termination of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures, whichever period of time is longer.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular
2023 Buellton Standard Consulting Agreement
- 4 -
business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so, as determined by City in its sole and absolute discretion; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded for any reason, including due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent Contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
2023 Buellton Standard Consulting Agreement
- 5 -
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition, marital status or other legally protected class in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
2023 Buellton Standard Consulting Agreement
- 6 -
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform nonrelated services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary", provided Service Provider gives City written notice of such court order or subpoena. (c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Service Provider’s conduct.
(d) Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the unilateral right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider before submission of such discovery responses. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response, nor shall City be responsible for any deadlines imposed upon Service Provider.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall immediately indemnify, protect, defend (using legal counsel
2023 Buellton Standard Consulting Agreement
- 7 -
reasonably approved by City) and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful or willful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-Service Providers of Service Provider, in the performance of professional services under this Agreement. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation attorney fees, expert fees and all other costs and fees of defense and litigation. Service Provider shall promptly pay any final judgment rendered against the City (and its officers, employees, agents and volunteers) with respect to claims determined by a trier of fact to have been the result of the Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
(a) (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend (using legal counsel reasonably approved by City) and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-Service Providers of Service Provider. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation attorney fees, expert fees and all other costs and fees of defense and litigation. Service Provider shall promptly pay any final judgment rendered against the City (and its officers, employees, agents and volunteers) with respect to claims determined by a trier of fact to have been the result of the Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. (b) (c) Indemnification from Subcontractors. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no
2023 Buellton Standard Consulting Agreement
- 8 -
additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (c) (d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term “design professional,” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. The obligation to defend contained herein shall begin immediately upon notice from City of such duty. In the event a design professional is found to have partial or no liability pursuant to Civil Code Section 2782.8, the design professional shall be permitted to seek reimbursement for defense costs, including attorneys’ fees, but shall be obligated to provide for immediate defense and indemnity to City upon request. (e) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager, in City’s sole and absolute discretion. Service Provider shall provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities that will fulfill the duties and obligations imposed upon Service Provider under this Agreement.
In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors as permitted by this Agreement.
SECTION 19. CONTINUITY OF PERSONNEL.
2023 Buellton Standard Consulting Agreement
- 9 -
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City, in writing, of any changes in Service Provider’s staff and sub-Service Providers, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fails to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reason(s) for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended by City, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.
If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
2023 Buellton Standard Consulting Agreement
- 10 -
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices to be given by either party shall be in writing and shall be sufficiently given or made by (i) delivery in person; (ii) first class, registered or certified mail, postage prepaid; or iii) overnight courier addressed to the other party at its address set forth herein or at such other address as the other party may have designated by notice given:
To City: City of Buellton
Attn: City Manager
107 West Highway 246
Buellton, CA 93427
To Service Provider: __________________________
__________________________
__________________________
__________________________
Notice shall be deemed effective on the date personally delivered or, if mailed, five (5) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds,
2023 Buellton Standard Consulting Agreement
- 11 -
consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Buellton Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Buellton Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
2023 Buellton Standard Consulting Agreement
- 12 -
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF BUELLTON
__________________________
Scott Wolfe
City Manager
ATTEST:
___________________________
Linda Reid
City Clerk
APPROVED AS TO FORM
_______________________________
Gregory M. Murphy
City Attorney
2023 Buellton Standard Consulting Agreement
- 13 -
___________________________________
By: By:
_________________________________
Its: ______________________________ Its: ___________________________ NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
LA #4860-3290-7566 v2
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )
On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
LA #4860-3290-7566 v2
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )
On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
LA #4860-3290-7566 v2
A-1
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
Refer to the March 2023 RFP for Street Sweeping Services
LA #4860-3290-7566 v2
B-1
EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:
Refer to the Proposal Dated -
LA #4860-3290-7566 v2
C-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating is an assigned policyholders’ Rating of A (or higher) and Financial Size Category Class VII (or larger).
Only the following “marked” requirements are applicable and Service Provider shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
__x__ Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
__x__ Automobile Liability. Service provider shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Service Provider arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles. __x__ Workers’ Compensation. Workers' Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Service Provider and all risks to such persons under this Agreement.
____ Professional (Errors and Omissions) Liability. Professional liability insurance appropriate to the Service Provider’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
Service Provider shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Service Provider agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this agreement.
1. Minimum Limits of Insurance. Service Provider shall maintain limits of insurance no less than:
LA #4860-3290-7566 v2
C-2
(1) Commercial General Liability. $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability. No less than $2,000,000 combined single limit for each accident.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence and Employer’s Liability Insurance with limits of at least $1,000,000. (4) Professional Liability. $2,000,000 per claim and in the aggregate.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
(2) Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(3) Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Service Provider maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
LA #4860-3290-7566 v2
C-3
(4) Coverage provided by the Service Provider shall be primary and any insurance or self-insurance or maintained by Agency shall not be required to contribute to it.
The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect is as a named insured.
(5) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each subcontractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.