HomeMy WebLinkAboutReso 52-25 Approving Agreement with Universal Building Services and Supply Co. for Carpet a
Reso. No. 52-25, Item 5.8, Adopted 06/17/2025 Page 1 of 1
RESOLUTION NO. 52 – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH UNIVERSAL BUILDING SERVICES AND SUPPLY CO. FOR
CARPET AND WINDOW CLEANING SERVICES
WHEREAS, on April 18, 2025, Staff issued a Request for Proposal (RFP) for Carpet and
Window Cleaning Services; and
WHEREAS, the City received three responses to the RFP; and
WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with
the RFP rating criteria; and
WHEREAS, the City desires to enter into an agreement with Universal Building Services and
Supply Co., for a not-to-exceed amount of $294,000 over a three-year term.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the Agreement with Universal Building Services and Supply Co. attached hereto as Exhibit
A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the
Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry
out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
UNIVERSAL BUILDING SERVICES AND SUPPLY CO.
FOR
CARPET AND WINDOW CLEANING SERVICES
THIS AGREEMENT for carpet and window cleaning services is made by and between the City of
Dublin Universal Building Services and Supply Co. Contractor
July 1, 2025
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2028, 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
Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may
be extended on a month to month basis for up to 6 months upon the written consent of the
Contractor and the City Manager, provided that: a) sufficient funds have been appropriated
for such purchase, b) the price charged by the Contractor for the provision of the serves
to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor
1.5 Public Works Contractor Registration. Because the services described in Exhibit A
public works within the definition of Section 1720(a)(1) of the California Labor Code. As a
result, Consultant is required to comply with the provisions of the California Labor Code
applicable to public works.
Exhibit A to the Resolution
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1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $294,000,
notwithstanding any contrary indications that may be contained in Contractor
performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the
City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner
set forth herein. The payments specified below shall be the only payments from City to Contractor for
services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for
duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor sts of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
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A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
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2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses
not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
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All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT C
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
ineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
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employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 on.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
persons employed directly or indirectly by Contractor. The Statutory
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
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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 without limitation, blanket contractual liability and the
use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
age shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
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4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
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Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR . Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstand
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
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customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
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
gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
pplicant
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for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
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 pecialized
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.
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8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor . All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor . Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
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10.1 . 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
in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
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10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Universal Building Services and Supply Co.
3120 Pierce Street
Richmond, CA 94804
Any written notice to City shall be sent to:
City of Dublin
Att: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Contractor and supersedes all prior negotiations, representations, or agreements,
either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City-approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor w Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
10.13 Provisions Required For Public Works Contracts Pursuant To California Labor Code
Section 1720 Et Seq.
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A. HOURS OF WORK:
i. In accordance with California Labor Code Section 1810, 8 hours of labor in
performance of the services described in Exhibit A
work under this contract.
ii. In accordance with California Labor Code Section 1811, the time of service of any
worker employed in performance of the services described in Exhibit A is limited to
8 hours during any one calendar day, and 40 hours during any one calendar week,
except in accordance with California Labor Code Section 1815, which provides
that work in excess of 8 hours during any one calendar day and 40 hours during
any one calendar week is permitted upon compensation for all hours worked in
excess of 8 hours during any one calendar day and 40 hours during any one
calendar week at not less than one-and-one-half times the basic rate of pay.
iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for
each worker employed in the performance of the services described in Exhibit A
for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day, or more than 40 hours in any one
calendar week, in violation of the provisions of California Labor Code Section 1810
and following.
B. WAGES:
i. In accordance with California Labor Code Section 1773.2, the City has determined
the general prevailing wages in the locality in which the services described in
Exhibit A are to be performed for each craft or type of work needed to be as
published by the State of California Department of Industrial Relations, Division of
Labor Statistics and Research, a copy of which is on file in the City Public Works
Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A
shall pay no less than these rates to all persons engaged in performance of the
services described in Exhibit A.
ii. In accordance with California Labor Code Section 1775, the Consultant and any
subcontractors engaged in performance of the services described in Exhibit A
shall comply with California Labor Code Section 1775, which establishes a penalty
for each worker engaged in the performance of the services described in Exhibit A
that the Consultant or any subcontractor pays less than the specified prevailing
wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence,
or neglect of the Consultant or subcontractor in failing to pay the correct rate of
prevailing wages, or the previous record of the Consultant or subcontractor in
meeting applicable prevailing wage obligations, or the willful failure by the
Consultant or subcontractor to pay the correct rates of prevailing wages. A
mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing
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wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor
shall pay the difference between the prevailing wage rates and the amount paid to
each worker for each calendar day or portion thereof for which each worker was
paid less than the prevailing wage rate. If a subcontractor worker engaged in
performance of the services described in Exhibit A is not paid the general
prevailing per diem wages by the subcontractor, the Consultant is not liable for any
penalties therefore unless the Consultant had knowledge of that failure or unless
the Consultant fails to comply with all of the following requirements:
a. The contract executed between the Consultant and the subcontractor
for the performance of part of the services described in Exhibit A shall
include a copy of the provisions of California Labor Code Sections
1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The Consultant shall monitor payment of the specified general
prevailing rate of per diem wages by the subcontractor by periodic
review of
c.
prevailing rate of wages, the Consultant shall diligently take corrective
action to halt or rectify the failure, including, but not limited to,
retaining sufficient funds due the subcontractor for performance of the
services described in Exhibit A.
d. Prior to making final payment to the subcontractor, the Consultant
shall obtain an affidavit signed under penalty of perjury from the
subcontractor that the subcontractor has paid the specified general
prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts
due pursuant to California Labor Code Section 1813.
iii. In accordance with California Labor Code Section 1776, the Consultant and each
subcontractor engaged in performance of the services described in Exhibit A shall
keep accurate payroll records showing the name, address, social security number,
work, straight time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or other employee
employed in performance of the services described in Exhibit A. Each payroll
record shall contain or be verified by a written declaration that it is made under
penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of California Labor
Code Sections 1771, 1811, and 1815 for any work performed by the
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The payroll records required pursuant to California Labor Code Section 1776 shall
be certified and shall be submitted directly to the Labor Commission, and available
for inspection by the Owner and its authorized representatives, the Division of
Labor Standards Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available for inspection
in accordance with California Labor Code Section 1776.
iv. In accordance with California Labor Code Section 1777.5, the Consultant, on
behalf of the Consultant and any subcontractors engaged in performance of the
services described in Exhibit A, shall be responsible for ensuring compliance with
California Labor Code Section 1777.5 governing employment and payment of
apprentices on public works contracts.
v. In case it becomes necessary for the Consultant or any subcontractor engaged in
performance of the services described in Exhibit A to employ for the services
described in Exhibit A any person in a trade or occupation (except executive,
supervisory, administrative, clerical, or other non-manual workers as such) for
which no minimum wage rate has been determined by the Director of the
Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly
corresponds to services described in Exhibit A to be performed by that person.
The minimum rate thus furnished shall be applicable as a minimum for such trade
or occupation from the time of the initial employment of the person affected and
during the continuance of such employment.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN UNIVERSAL BUILDING SERVICES AND SUPPLY CO.
Colleen Tribby, City Manager Dario De Vincenzi, Operations Manager
Attest:
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
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City of Dublin and Universal Building Services and Supply Co. Exhibit A Page 1 of 5
EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall provide qualified personnel, transportation, and supplies necessary to perform carpet
and window cleaning services at City facilities as listed below, and upholstery cleaning upon request.
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
CARPET CLEANING SERVICES - LOCATIONS FREQUENCY Annual Bid
FY25/26
1. Civic Center, City Hall 100 Civic Plaza
Regional Meeting Room: 1,150sf Every month $2,532.00
Area A: 2,622sf Administration Wing 1st floor main hallway, staircases, 2nd
Every month $5,676.00
Area B: 4730sf - Internal corridors & traffic areas, Admin Wing. Aug, Nov, Feb, May $2524.00
Council Chambers (Floor Only): 500sf Aug, Feb $158.00
Chamber Seating Area (Floor Only): 2,000sf Feb $368.00
2. Civic Center, Dublin Arts Center 100 Civic Plaza
First Floor Carpet Areas including staircases: 420sf Every month $948.00
Second Floor Carpet Areas: 4,322sf Aug, Nov, Feb, May $2,944.00
3. Library 200 Civic Plaza
Community Room: 1,600sf Jul, Sept, Nov, Jan,
Mar, May $1,266.00
Main Library / Virginia Bennet Room: 14,150sf Sept, Jan, May $5,046.00
Program Room: 575sf Sept, Jan, May $318.00
4. Senior Center 7600 Amador Valley Boulevard
All Carpet Areas: 4,405sf Jul, Sept, Nov, Jan,
Mar, May $4,416.00
5. Shannon Community Center 11600 Shannon Avenue
Area A: 7,610sf - Ballroom (must be cleaned using dry extraction, w/spot
treatment at every cleaning), classroom, lobby & hallway. Every month $12,612.00
Area B: 1,035sf - Offices Aug, Nov, Feb, May $632.00
6. Fire Station 16 7494 Donohue Drive
All Carpet Areas: 2,260sf April $421.00
7. Fire Station 17 6200 Madigan Avenue
All Carpet Areas: 3,480sf April $421.00
8. Fire Station 18 - 4800 Fallon Road
All Carpet Areas: 1,980sf April $421.00
9. Heritage Center & Museum 6600 Donlon Way
All Carpet Areas: 600sf Oct, Jun $212.00
10. The WAVE Aquatic Park 4201 Central Parkway
Area A: 4,504sf - Multi-purpose room, lobby & hallway. Every month $6,312.00
Area B: 1,800sf - Offices Aug, Oct, Dec, Feb,
Apr, Jun $1,266.00
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11. Corporation Yard - 5709 Scarlett Court
All Carpet Areas: 1,800sf Apr, Dec $632.00
12. Public Safety Complex (Police Services) 6361 Clark Avenue
All Carpet Areas: 12,055sf May, Jan $3,364.00
Main Foot Traffic Areas: 4,600sf Aug, Oct, Dec, Mar $2,104.00
PRICING AND ADDITIONAL SERVICES FREQUENCY Price / Sq. Ft.
Council Chamber seating area Upon Request $0.18
All other locations Upon Request $0.18
Upholstery cleaning Upon Request $52.75 / hr.
Same-day emergency carpet cleaning Upon Request $0.18
WINDOW CLEANING SERVICES - LOCATIONS FREQUENCY Annual Bid
FY25/26
1. Civic Center, City Hall and Dublin Arts Center 100 Civic Plaza
All exterior windows May $2,360.00
All windows Interior and exterior October $2,882.00
Lobby - Interior and exterior Sept & March $1,652.00
2. Library 200 Civic Plaza
All exterior windows and entrance lobby glass doors Feb, Jun, Sept, Dec $3,776.00
All interior windows October $944.00
3. Senior Center 7600 Amador Valley Boulevard
All exterior windows April $708.00
All windows Interior and exterior October $1,416.00
4. Shannon Community Center 11600 Shannon Avenue
All exterior windows Feb, Jun, Oct $2,124.00
All windows Interior and exterior Jun, Jan $1,416.00
5. Dublin Heritage Center 6600 Donlon Way
Museum - Interior and exterior Sept, Mar, May $885.00
Church - Interior and exterior September $118.00
Kolb House - Interior and exterior September $236.00
School Barn - Interior and exterior September $59.00
Public Restroom Building - Interior and exterior September $59.00
Art Studio - Interior and exterior September $236.00
6. The WAVE Aquatic Park 4201 Central Parkway
All windows Interior and exterior May, Jun, Sept, Jan $13,688.00
7. Corporation Yard 5709 Scarlett Court
All windows Interior and exterior Jun, Mar $236.00
8. Public Safety Complex (Police Services) 6361 Clark Avenue
All exterior windows Jul, Oct, Jan, Oct $2,360.00
All interior windows Jul, Apr $1,416.00
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City of Dublin and Universal Building Services and Supply Co. Exhibit A Page 3 of 5
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal
Year (July 1 June 30). Any changes to costs shall be approved in writing by the Public Works
Maintenance Superintendent, or their designee. Any such annual increase shall be calculated based on
the Bay Area Consumer Index Rate (CPI) and shall not exceed 3%.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as
work is completed.
Contractor Requirements
1.
chemicals used.
2. Contractor shall provide all personnel, uniforms, tools, equipment, parts, records/logs, rags,
cleaning chemicals, etc., necessary to perform the services described. All other materials/supplies
required to perform this service, and not otherwise mentioned, shall be provided by the Contractor
at his/her expense.
3. Contractor shall adhere to all current state and local water use restrictions and regulations.
4. The Contractor shall ensure that all wastewater generated, handled, or disposed of under this
Agreement complies with all applicable federal, state, and local laws, regulations, and
environmental standards. The Contractor shall obtain all necessary permits and approvals and
implement appropriate disposal methods to prevent pollution, contamination, or environmental
harm.
5. Window Cleaning Services 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
TOTAL ANNUAL BID FOR SERVICE
Window Cleaning Carpet Cleaning Carpet, Window,
Upholstery, Contingency
Annual
Bid Total
Year 1
(FY25/26) $36,571.00 $54,593.00 $4,073.66 $95,237.66
Year 2
(FY26/27) $37,668.00 $56,231.00 $4,073.67 $97,972.67
Year 3
(FY27/28) $38,798.00 $57,918.00 $4,073.67 $100,789.67
Total:
$113,037.00 $168,742.00 $12,221.00 $294,000.00
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City of Dublin and Universal Building Services and Supply Co. Exhibit A Page 4 of 5
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 which includes installing safety
barricades and signs to warn the public.
9. Prior to providing services, contractor shall schedule all visits to City facilities with the City Public
Works Manager (or designee).
Contractor Personnel Requirements
1. Contractor shall assign a sufficient number of trained and 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. An application per
personnel is required to perform a formal criminal history records check. Should an employee not
pass the criminal history records check; a refund will not be provided.
4. All assigned personnel must have all the proper safety training and equipment operator certificates
to meet the minimum requirements of Cal OSHA.
California Air Resources Board Advanced Clean Fleet Regulations
Vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 pounds and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets (ACF) Regulations. Such vehicles may therefore be subject to requirements to
reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets
webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
For each calendar year, CONTRACTOR shall provide to the CITY a certificate of compliance with the
CARB ACF rules or a signed statement stating their fleet is not subject to the High Priority and Federal
Fleets regulations in title 13, CCR, Sections 2015 through 2015.6, and the State and Local Government
Fleets regulations in title 13, CCR sections 2013 through 2013.4.
§ Section 2013. State and Local Government Fleet Applicability, Definitions, and General
Requirements.
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a) Scope and Applicability
1. Fleet Applicability. Except as provided in the exemptions specified in section 2013(c) and
2013(e), this article applies to any state or local government agency with jurisdiction in
California that owns, leases, or operates one or more vehicles specified in section
2013(a)(2) in California as described in the vehicle scope specified in section 2013(a)(2)
on or after January 1, 2024. This article does not apply to federal fleets subject to title 13,
California Code of Regulations (CCR), section 2015.
2. Vehicle Scope. Except as provided in the exemptions specified in section 2013(c), vehicles
subject to this article are vehicles that have a gross vehicle weight rating (GVWR) greater
than 8,500 lbs. that are operated in California.
3. Hiring Entities. The requirements specified in section 2013(j) apply to any motor carrier,
broker, governmental agency, person, or entity that hires and operates or hires and directs
the operation of vehicles in California that are subject to this article.
g) Hiring Entity Documentation. Hiring entities that are subject to section 2013(a)(3) must keep
certificates of reported compliance or signed statements received from hired fleets used to
verify that hired fleets are compliant with the applicable regulations. Additionally, hiring entitles
must keep copies of contracts with hired entities that include the disclosure of regulation
applicability as specified in section 2013(j)(2).
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