HomeMy WebLinkAboutItem 4.6 - 1489 Agreement with Valley Window Cleaning Inc.
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STAFF REPORT
CITY COUNCIL
DATE: June 20, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Contract Services Agreement with Valley Window Cleaning, Inc.
Prepared by: Nancy McDonnell, Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Valley Window Cleaning,
Inc. for window cleaning services of City facilities.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Contract Services Agreement with Valley Window
Cleaning, Inc.
FINANCIAL IMPACT:
The proposed Fiscal Year 2017-18 contract amount is approximately $33,000 for base
services in year one, with approximately $5,000 in contingency for additional services.
Sufficient funds were included in the Fiscal Year 2017-18 Budget Update to cover these
costs. The contract term totals three years, for a total not -to-exceed amount of
$117,485.
DESCRIPTION:
Window cleaning service is a standard maintenance item required to maintain the city’s
buildings in order to prevent dirt and debris from accumulating on window surfaces and
keeping them in a presentable manner. Valley Window Cleaning, Inc. has been
providing the City with window cleaning services since 2009 and has performed very
effectively. The City recently completed a solicitation process, and Valley Window
Cleaning was the lowest bidder. The other two submissions were from Tri-Valley
Janitorial, the City's current janitorial provider, as well as Fish Window Cleaning. Valley
Window Cleaning, Inc. was substantially lower in their proposed total cost , provided in
Attachment 3.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
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ATTACHMENTS:
1. Resolution Approving a Contract Services Agreement with Valley Window Cleaning,
Inc.
2. Exhibit A to the Resolution: Contract Services Agreement with Valley Window
Cleaning, Inc.
3. RFP Results for Window Cleaning Services
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING A CONTRACT SERVICES AGREEMENT
WITH VALLEY WINDOW CLEANING, INC.
WHEREAS, the City of Dublin requested vendor proposals for window cleaning services of city
maintained buildings; and
WHEREAS, three proposals were received and reviewed, and Valley Window Cleaning, Inc.
was determined to be the preferred vendor; and
WHEREAS, Valley Window Cleaning, Inc. has provided the City of Dublin’s with window
cleaning services since 2009.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement with Valley Window Cleaning, Inc., attached hereto as Exhibit A, with
an effective date of July 1, 2017.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
CONTRACT SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
VALLEY WINDOW CLEANING INC.
THIS AGREEMENT for contract services is made by and between the City of Dublin (“City”) and Valley
Window Cleaning, Inc. (“Contractor”) as of July 1, 2017.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall
provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the
manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on June 30, 2020, the date of completion specified in Exhibit A, and Contractor shall complete
the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise
terminated or extended, as provided for in Section 8. The time provided to Contractor to complete
the services required by this Agreement shall not affect the City’s right to terminate the Agreement,
as provided for in Section 8. Notwithstanding the foregoing this Agreement may be extended on a
month-to-month basis for up to 6 months upon the written consent of the Contractor and the City
Manager, provided that; a) sufficient funds have been appropriated for such purpose, and b) the
price charged by the Contractor for the provision of the services described in Exhibit A does not
increase. None of the foregoing shall affect the City’s right to terminate the Agreement, as
provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent practitioner of
the profession in which Contractor is engaged in the geographical area in which Contractor
practices its profession. Contractor shall prepare all work products required by this Agreement in a
substantial, first-class manner and shall conform to the standards of quality normally observed by a
person practicing in Contractor’s profession.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term
of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately
upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 1.1 above and to satisfy Contractor’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed One Hundred
Seventeen Thousand Four Hundred Eighty Five Dollars ($117,485), notwithstanding any contrary indications that
may be contained in Contractor’s proposal, for services to be performed under this Agreement. In the event of a
conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments
from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate
services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is
based upon Contractor’s costs of providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder
is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its
employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services incurred prior to the invoice date. No individual performing work under
this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
The dates of service provided at each facility;
Location of each service;
Daily logs of total hours worked by each individual performing work under this Contract
o Hours must be logged in increments of tenths of an hour or quarter hours
o If this Contract covers multiple projects, all hours must also be logged by project
assignment
o A brief description of the work
The Contractor’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services
satisfactorily performed. City shall have 30 days from the receipt of an invoice that complies with
all of the requirements above to pay Contractor.
2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Contractor in rendering services pursuant to this Agreement. City shall make no payment for any
extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the
amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B.
2.5 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred
under this Agreement and any similar federal or state taxes.
2.6 Payment upon Termination. In the event that the City or Contractor terminates this Agreement
pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs incurred
for work satisfactorily completed as of the date of written notice of termination. Contractor shall
maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.7 Authorization to Perform Services. The Contractor is not authorized to perform any services or
incur any costs whatsoever under the terms of this Agreement until receipt of authorization from
the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and
expense, provide all facilities and equipment that may be necessary to perform the services required by this
Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Contractor’s use while consulting with City employees and reviewing records and the information in
possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including
but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction
facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at
its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work hereunder by the
Contractor and its agents, representatives, employees, and subcontractors. Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section
throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s bid.
Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all
insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. The additional insured coverage under the
Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-
insurance and shall be at least as broad as CG 20 01 04 12. In the event Contractor fails to maintain coverage as
required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Contractor. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at
least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons
employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and
Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION
DOLLARS ($1,000,000.00) per accident. In the alternative, Contractor may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the Labor Code shall be solely in the discretion of the Contract
Administrator. The insurer, if insurance is provided, or the Contractor, if a program of self-insurance
is provided, shall waive all rights of subrogation against the City and its officers, officials,
employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City. Contractor
shall notify City within 14 days of notification from Contractor’s insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this Agreement in an
amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence,
combined single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or
other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to property resulting
from activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 (“any auto”).
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Contractor, including the insured’s general
supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied, or used by Contractor; and automobiles owned,
leased, or used by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers, employees,
agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials, employees and volunteers, and that no
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of Contractor to comply with reporting provisions of the policy shall
not affect coverage provided to City and its officers, employees, agents, and
volunteers.
e. An endorsement shall state that coverage shall not be canceled except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Contractor shall notify City within 14 days of notification
from Contractor’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.3 All Policies Requirements.
4.3.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor
shall furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The City reserves the right to require complete, certified copies of all required insurance
policies and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
4.3.3 Subcontractors. Contractor agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this Agreement including the Indemnification
and Insurance requirements to the extent they apply to the scope of the Subcontractor’s
work. Subcontractors hired by Contractor agree to be bound to Contractor and the City in
the same manner and to the same extent as Contractor is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same provisions with
any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and
Insurance provisions will be furnished to the Subcontractor upon request. The General
Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
4.3.4 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverages, scope, limits, and forms of such insurance are
either not commercially available, or that the City’s interests are otherwise fully protected.
4.3.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
4.3.6 Excess Insurance. The limits of insurance required in this Agreement 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 City (if agreed to in a
written contract or agreement) before City’s own insurance or self-insurance shall be
called upon to protect City as a named insured.
4.3.7 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Contractor shall
provide written notice to City at Contractor’s earliest possible opportunity and in no case
later than five days after Contractor is notified of the change in coverage.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein
required, City may, at its sole option exercise any of the following remedies, which are alternatives
to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes
due to Contractor hereunder, or both stop work and withhold any payment, until Contractor
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent
allowed by law, Contractor shall indemnify, keep and save harmless the City, and City Councilmembers, officers,
agents and employees against any and all suits, claims or actions arising out of any injury to persons or property,
including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this
Agreement by a negligent act or omission or wrongful misconduct of the Contractor or its employees, subcontractors
or agents. Contractor further agrees to defend any and all such actions, suits or claims and pay all charges of
attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment
be rendered against the City or any of the other individuals enumerated above in any such action, Contractor shall, at
its expense, satisfy and discharge the same. Contractor’s responsibility for such defense and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense
and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited
by, the insurance obligations contained in this Agreement.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this
Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System
(PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold
harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on
such contributions, which would otherwise be the responsibility of City.
Contractor/Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an
independent contractor and shall not be an employee of City. City shall have the right to control
Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement
and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not
have the right to control the means by which Contractor accomplishes services rendered pursuant
to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing services under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any and all claims to, any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor No Agent. Except as City may specify in writing, Contractor shall have no authority,
express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor
shall have no authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Contractor and any subcontractors shall comply with
all applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Contractor represents and warrants to City that Contractor and its employees, agents, any
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a
person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical
condition, marital status, sex, or sexual orientation, against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for
any services or programs provided by Contractor under this Agreement. Contractor shall comply
with all applicable federal, state, and local laws, policies, rules, and requirements related to equal
opportunity and nondiscrimination in employment, contracting, and the provision of any services
that are the subject of this Agreement, including but not limited to the satisfaction of any positive
obligations required of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Contractor delivering to City any or all documents, photographs, computer software, video
and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Contractor with compensation beyond
the maximum amount provided for in this Agreement.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement
contemplates personal performance by Contractor and is based upon a determination of
Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Contractor. Contractor may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Contractor
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Contractor shall survive the termination of this
Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this
Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work
product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by
Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described in
Exhibit A that is unfinished at the time of breach and the amount that City would have paid
Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory
relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action shall be vested exclusively in the state courts of California
in the County of Alameda or in the United States District Court for the Northern District of
California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
9.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
9.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Contractor in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code Sections 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months,
an employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous twelve months, Contractor warrants that it did not
participate in any manner in the forming of this Agreement. Contractor understands that, if this
Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void
and Contractor will not be entitled to any compensation for services performed pursuant to this
Agreement, and Contractor will be required to reimburse the City for any sums paid to the
Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from
holding public office in the State of California.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
9.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview
related to this Agreement, either orally or through any written materials.
9.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract
Administrator"). All correspondence shall be directed to or through the Contract Administrator or
his or her designee.
9.10 Notices. Any written notice to Contractor shall be sent to:
Valley Window Cleaning Inc.
Attn: Garry Ryno
4047 1st Street, #118
Livermore, CA 94551
Any written notice to City shall be sent to:
The City of Dublin
Attn: Public Works Manager
100 Civic Plaza
Dublin, CA 94568
9.11 Integration. This Agreement, including the Scope of Services and Compensation Schedule
attached hereto and incorporated herein as Exhibits A and B, represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
IN WITNESS HEREOF, the parties have caused their authorized representatives to
execute this Agreement on the 1st day of July, 2017.
CITY OF DUBLIN CONSULTANT
____________________________ ______________________________
Christopher L. Foss, City Manager Dennis Nyomo, Company Owner
Attest:
____________________________
Caroline Soto, City Clerk
Approved as to Form:
____________________________
John Bakker, City Attorney
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide qualified personnel, transportation and supplies necessary to perform window cleaning
services for seven (7) City facilities.
LOCATION FREQUENCY
1 CITY OF DUBLIN CIVIC CENTER (BOTH ADMINISTRATION AND POLICE SERVICES WINGS)
100 CIVIC PLAZA
All exterier perimeter windows MAY & OCTOBER
All interier windows, atrium & partition glass OCTOBER
Both lobbies (interior and exterior windows)SEPTEMBER AND MARCH
Atrium (hallway) - Exterier - upon request for additional services ADDITIONAL SERVICES
Atrium (hallway) - Interier - upon request for additional services ADDITIONAL SERVICES
2 DUBLIN PUBLIC LIBRARY
200 CIVIC PLAZA
All exterier perimeter windows - exterior only MAY & OCTOBER
All interier windows & partition glass OCTOBER
Atrium hi-bay circular windows OCTOBER
Entrance lobby glass doors MAY, JUNE & OCTOBER
3 SHANNON COMMUNITY CENTER
11600 SHANNON AVENUE
Perimeter windows - Exterior only FEBRUARY, JUNE AND OCTOBER
Perimeter windows - Interior only JUNE
Interior partitions and doors JUNE
4 DUBLIN SENIOR CENTER
7600 AMADOR VALLEY BOULEVARD
Perimeter windows - Exterior only APRIL & OCTOBER
Perimeter windows - Interior only OCTOBER
5 DUBLIN HERITAGE CENTER
6600 DONLON WAY
Museum - Interior and Exterior windows SEPTEMBER
Church - Interior and Exterior windows SEPTEMBER
Kolb House - Interior and Exterior windows SEPTEMBER
Sunday School Barn - Interior and Exterior windows SEPTEMBER
Public Restroom Building - Interior and Exterior windows SEPTEMBER
Art Studio - Interior and Exterior windows SEPTEMBER
6 THE WAVE (AQUATIC CENTER)
4201 CENTRAL PARKWAY
Perimeter windows – exterior only MAY, JUNE, SEPTEMBER, JANUARY
Perimeter window – inside only MAY, JUNE, SEPTEMBER, JANUARY
Natatorium windows - second story interior and exterior OCTOBER & MARCH
Lobby lower windows inside and out ADDITIONAL SERVICES
7 DUBLIN CORPYARD
5709 SCARLETT COURT
Perimeter windows - exterior only JUNE
Perimeter windows - inside only JUNE
CONTRACTOR REQUIREMENTS
1. Upon the City of Dublin’s request, the contractor shall provide Safety Data Sheets (SDS) for all chem icals used for
window cleaning.
2. Contractor shall provide all personnel, uniforms, tools, equipment, parts, records/logs, rags, cleaning chemicals,
etc., necessary to perform the services described. All other materials/supplies required to perform this service,
and not otherwise mentioned, shall be provided by the Contractor at his/her expense.
3. Contractor shall clean up jobsite immediately after each service.
4. Contractor shall adhere to all current state and local water use restrictions & regulations.
5. Window Cleaning shall be performed on site during regular business hours, between 8:00 AM and 5:00 PM on
weekdays, unless it causes a disruption to the City of Dublin employees or the City’s ability to serve the
community or prevents a safety hazard/disruption to others.
6. Contractor shall be responsible for all damage which occurs to City property while performing services, regardless
of whether the damage is to an item(s) being cleaned or to other item(s) in and around the unit where services are
being performed.
7. Contractor is not allowed to subcontract work to a third party once a service contract agreement has been
approved.
8. Contractor is responsible for maintaining a safe work area while cleaning windows which includes installing safety
barricades and signs to warn the public.
9. Contractor shall schedule all visits a minimum of three days prior to each site visit. Visits shall be coordinated with
the Public Works Manager, or their designee. Contractor may not alter frequency based upon requests from
individual location facility managers. Any additional requests must be approved in writing by the Public Works
Manager, or their designee.
10. City reserves the right to revise the frequency and/or month of service, by written authorization by the Public
Works Manager, or their designee.
CONTRACTOR PERSONNEL REQUIREMENTS
1. Contractor shall assign a sufficient number of trained & experienced employees to perform the required service.
Contractor shall designate one (1) employee as principal with full responsibility for directing the entire crew. Each
principal shall be authorized to act for the Contractor in every detail.
2. Contractor shall furnish and require every on-duty employee to wear a company shirt or a visible photo
identification badge identifying employee by name.
3. All assigned personnel are subject to a criminal history records check performed using Live Scan. Government
fees are required for the State (DOJ) and Federal (FBI) level criminal history record checks. Contractor is
responsible for the fee to perform such records search. A $45 application per personnel is required to perform a
formal criminal history records check (this fee is subject to change). Should an employee not pass the criminal
history records check; a refund will not be provided.
4. All assigned personnel must have all the proper safety training, and equipment operator certificates to meet the
minimum requirements of Cal OSHA.
Please remit invoices to: City of Dublin
Maintenance Division
100 Civic Plaza
Dublin, CA 94523
EXHIBIT B
COMPENSATION SCHEDULE
Contractor will provide qualified personnel, transportation and supplies necessary to perform window cleaning
services for the listed City facilities.
LOCATION FREQUENCY
1 CITY OF DUBLIN CIVIC CENTER (BOTH ADMINISTRATION AND POLICE SERVICES WINGS)
100 CIVIC PLAZA PER VISIT TOTAL ADDNL SVCS
All exterier perimeter windows MAY & OCTOBER 950 $ 1,900 $ All interier windows, atrium & partition glass OCTOBER 3,425 $ 3,425 $ Both lobbies (interior and exterior windows) SEPTEMBER AND MARCH 450 $ 900 $ Atrium (hallway) - Exterier - upon request for additional services ADDITIONAL SERVICES 255 $ Atrium (hallway) - Interier - upon request for additional services ADDITIONAL SERVICES 1,485 $
2 DUBLIN PUBLIC LIBRARY
200 CIVIC PLAZA
All exterier perimeter windows - exterior only MAY & OCTOBER 650 $ 1,300 $ All interier windows & partition glass OCTOBER 920 $ 920 $ Atrium hi-bay circular windows OCTOBER 360 $ 360 $ Entrance lobby glass doors MAY, JUNE & OCTOBER 145 $ 435 $
3 SHANNON COMMUNITY CENTER
11600 SHANNON AVENUE
Perimeter windows - Exterior only FEBRUARY, JUNE AND OCTOBER 715 $ 2,145 $ Perimeter windows - Interior only JUNE 695 $ 695 $ Interior partitions and doors JUNE 140 $ 140 $
4 DUBLIN SENIOR CENTER
7600 AMADOR VALLEY BOULEVARD
Perimeter windows - Exterior only APRIL & OCTOBER 540 $ 1,080 $ Perimeter windows - Interior only OCTOBER 500 $ 500 $
5 DUBLIN HERITAGE CENTER
6600 DONLON WAY
Museum - Interior and Exterior windows SEPTEMBER 280 $ 280 $ Church - Interior and Exterior windows SEPTEMBER 175 $ 175 $ Kolb House - Interior and Exterior windows SEPTEMBER 385 $ 385 $ Sunday School Barn - Interior and Exterior windows SEPTEMBER 80 $ 80 $ Public Restroom Building - Interior and Exterior windows SEPTEMBER 20 $ 20 $ Art Studio - Interior and Exterior windows SEPTEMBER 60 $ 60 $
6 THE WAVE (AQUATIC CENTER)
4201 CENTRAL PARKWAY
Perimeter windows – exterior only MAY, JUNE, SEPTEMBER, JANUARY 2,135 $ 8,540 $ Perimeter window – inside only MAY, JUNE, SEPTEMBER, JANUARY 1,815 $ 7,260 $ Natatorium windows - second story interior and exterior OCTOBER & MARCH 1,055 $ 2,110 $ Lobby lower windows inside and out ADDITIONAL SERVICES 265 $
7 DUBLIN CORPYARD
5709 SCARLETT COURT
Perimeter windows - exterior only JUNE 150 $ 150 $ Perimeter windows - inside only JUNE 150 $ 150 $
BASE WORK: 33,010 $ ADDITIONAL SERVICES CONTINGENCY* 5,000 $
TOTAL NOT TO EXCEED FOR FY17-18 38,010 $ TOTAL NOT TO EXCEED FOR FY18-19 39,150 $ TOTAL NOT TO EXCEED FOR FY 19-20 40,325 $ TOTAL CONTRACT NOT TO EXCEED 117,485 $
* CONTINGENCY FOR ADDITIONAL SERVICES AT EXISTING FACILITIES OR ANY ADDITIONAL FACILITIES AS APPROVED IN WRI TING BY THE PUBLIC
WORKS MANAGER, OR THEIR DESIGNEE
Please remit invoices to: City of Dublin
Maintenance Division
100 Civic Plaza
Dublin, CA 94523
Valley
Window
Cleaning
Tri‐Valley
Janitorial
Fish
Window
Cleaning
All exterior Perimeter WindowsMay & Oct 1,900$ 7,844$ 5,010$
All Interior Windows, atrium & partition glassOct 3,425$ 4,828$ 8,495$
Lobbies (police & Admin) ‐ Interior & exterior windowsSept & Mar 900$ 1,050$ 5,880$
Atrium (hallway) ‐ Exterior (upon request for additional services)TBD255$ 1,100$ 1,915$
Atrium ‐(hallway) Interior (upon request for additional services)TBD 1,485$ 1,100$ 1,915$
All exterior perimeter windows ‐exterior onlyMay & Oct 1,300$ 3,116$ 1,540$
All interior windows & partition glassOct 920$ 1,910$ 1,290$
Atrium hi bay circular windowsOct 360$ 650$ 940$
Entrance lobby glass doorsMar, Jun & Oct 435$ 900$ 180$
Perimeter windows ‐ Exterior onlyFeb, June, Oct 2,145$ 3,834$ 1,800$
Perimeter windows – Interior onlyJune 695$ 1,278$ 1,125$
Interior partitions and doorsJune 140$ 450$ 1,125$
Perimeter windows ‐Exterior onlyApr & Oct 1,080$ 2,248$ 1,160$
Perimeter windows – Interior onlyOct 500$ 1,124$ 895$
Museum ‐ Interior/ExteriorSept 280$ 200$ 175$
Church ‐ Interior/ExteriorSept 175$ 200$ 70$
Kolb House ‐ Interior/ExteriorSept 385$ 200$ 415$
School Barn ‐ Interior/ExteriorSept 80$ 200$ 55$
Out house ‐ Interior/ExteriorSept 20$ 200$ ‐$
Art Studio Interior/Exterior Sept 60$ 200$ ‐$
F. Dublin Corporation Yard ‐ 5709 Scarlett Court
Perimeter windows ‐ Exterior onlyTBD 150$ 480$ 70$
Perimeter windows – Interior onlyTBD 150$ 480$ ‐$
Partition windowsTBD 225$
TOTAL 17,065$ 33,592$ 34,055$
2017 Window Cleaning Proposal Results
Annual Costs
D. Senior Center ‐ 7600 Amador Valley Boulevard
E. Heritage Center ‐ 6600 Donlon Way
A. Civic Center ( Administration & Police) ‐ 100 Civic Plaza
B. Library ‐ 200 Civic Plaza
C. Shannon Center – 11600 Shannon Avenue