HomeMy WebLinkAboutID# 15-731 Agreement Evergreen Cleaning Solutions ServicesCITY Or
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: AUGUST 25, 2015
SUBJECT: Award of Agreement for Contractor Services for Citywide
Janitorial Services
Recommendations
1. Award the Agreement for Contractor Services to Evergreen Cleaning
Solutions in the annual amount not to exceed $73,194 (including 10%
contingency for optional on -call services and /or extra work).
2. Approve the Agreement for Contractor Services in substantially the form
attached and authorize the City Manager to execute the Agreement for
Contractor Services in such final form as approved by the City Attorney.
3. Authorize the City Manager to renew the Agreement for FY 2016/17
upon successful review and staff recommendation.
4. Authorize the additional appropriation as outlined in the Fiscal Impact
section of this report.
Background
Janitorial services for all City -owned and leased buildings, facilities, and parks
restrooms are performed by commercial vendors. In response to a Request for
Proposals advertised in January 2015, the City received eight (8) bids from
qualified contractors to perform citywide janitorial services. On February 24, 2015
the City entered into a four -month agreement with the lowest bidder, Semilla
Landscape Corp. ( Semilla).
During the months that Semilla provided janitorial services Facilities staff received
numerous employee complaints regarding poor performance. Facilities staff
afforded Semilla every opportunity to resolve their performance issues; however,
upon expiration of the contract on June 30, 2015, it was decided that renewing the
contract with Semilla would not be in the City's best interest due to unresolved
Agreement for Contractor Services Janitorial Services
August 25, 2015
Page 2
performance issues. To ensure uninterrupted janitorial services until a new
contract could be awarded, the work is currently assigned to temporary contract
employees.
Discussion
Evergreen Cleaning Solutions (Evergreen) submitted the second lowest bid in
response to the January 2015 RFP for janitorial services, at an annual base bid
cost of $66,540 (on -call services and extra work is not included in this annual
amount). City staff spoke to Evergreen regarding awarding their firm the
agreement for janitorial services for FY 2015/16 at the rates included in their bid
and they have agreed to honor those rates.
Fiscal Impact
The agreement to be awarded to Evergreen Cleaning Solutions is for an amount
not to exceed $73,194 (including 10% contingency for optional on -call services
and /or extra work). The base bid monthly cost of services is $5,545.
The FY 2015 -16 Annual Operating Budget Award includes an appropriation of
$86,440 for janitorial services, which is divided amongst the following divisions:
Park Maintenance, Lake Maintenance, Community Center, Senior Center, and
Facilities.
Award of the agreement requires an additional appropriation of $8,860 from
unencumbered Facilities Internal Service Funds (ISF account 320.9050.5201) to
Community Center account 100.6020.5201.
Change in Additional
Semilla Annual Evergreen Cost of FY 15/16 Appropriation
Division Account Cost Annual Cost Services Budoet Needed
Facilities
320
- 9050
-5201
$
21,600.00
$
30,558.00
$
8,958.00
$
36,000.00
$ -
Parks
100-
4030
-5201
$
190500.00
$
17,490.00
$
(2,010.00)
$
25,000.00
$
Lakes
100
- 5010
-5201
$
3,000.00
$
2,508.00
$
(492.00)
$
9,660.00
$ -
Senior Ctr
100
- 6030
-5201
$
4,800.00
$
8,778.00
$
3,978.00
$
10,780.00
$ -
Community Ctr
100
- 6020 -5201
$
71200.00
$
13,860.00
$
6,660.00
$
5,000.00
$ 8,860.00
$
56,100.00
$
73,194.00
$
17,094.00
$
86,440.00
$ 8,860.00
Agreement for Contractor Services Janitorial Services
August 25, 2015
Page 3
Prepared by:
Approved by:
Approved by:
Approved by:
Attachments:
Mia Beltran
Management Analyst
Jim Smith, P.E.
Interim Director of Public Works
Jason Simpson
Director of Administrative Services
Grant Yates
City Manager
Attachment
A
- Agreement
for Contractor Services
Attachment
B
— Contractor
Letter
AGREEMENT FOR CONTRACTOR SERVICES
Evergreen Cleaning Solutions
Janitorial Services
This Agreement for Contractor Services (the "Agreement ") is made and entered into as
of August 25, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City")
and Evergreen Cleaning Solutions, a corporation ( "Contractor ").
RECITALS
A. The City has determined that it requires the following services: cleaning services
at City -owned buildings, park restrooms, and lake facilities.
B. Contractor has submitted to City a proposal, dated February 8, 2015, attached
hereto as Exhibit A ( "Contractor's Proposal ") and incorporated herein, to provide services and
related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and
related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A),
subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent
with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials,
necessary tools, expendable equipment, and all taxes, utility and transportation services
required to perform such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor's
Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the City Manager.
Evergreen Cleaning FY 16 Janitorial Contract Page 1
C. Term.
Unless earlier terminated
as provided elsewhere in this
Agreement, this Agreement
shall continue in full force and
effect, commencing on
August 25,
2015 and ending on June
30, 2016. The City may, at its
sole discretion, extend
the term of
this Agreement on a 12 -month basis not to exceed three (3) additional twelve
(12) month
renewal terms by giving written notice thereof to Contractor
not less than thirty (30)
days before
the end of the contract term,
such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's compensation exceed SIXTY
SIX THOUSAND FIVE HUNDRED FORTY dollars ($66,540) without additional written
authorization from the City. Notwithstanding any provision of Contractor's Proposal to the
contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent
that such services and related work were performed. Contractor's bills shall be segregated by
project task, if applicable, such that the City receives a separate accounting for work done on
each individual task for which Contractor provides services. Contractor's bills shall include a
brief description of the services performed, the date the services were performed, the number of
hours spent and by whom, and a description of any reimbursable expenditures. City shall pay
Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor's expense, provide such
reports, plans, studies, documents and other writings to City upon written request. City
acknowledges that any use of such materials in a manner beyond the intended purpose as set
forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and
hold harmless Contractor, its officers, officials, agents, employees and volunteers from any
claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including
b.
In the event this Agreement is terminated pursuant
to this Section, the
City shall
pay to
Contractor the actual value of the work performed up to the
time of termination,
provided
that the work performed is of value to the City. Upon termination
of the Agreement
pursuant
to this
Section, the Contractor will submit an invoice to the City,
pursuant to Section
entitled "Method
of Payment" herein.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor's expense, provide such
reports, plans, studies, documents and other writings to City upon written request. City
acknowledges that any use of such materials in a manner beyond the intended purpose as set
forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and
hold harmless Contractor, its officers, officials, agents, employees and volunteers from any
claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including
any and
all
costs and expenses
in connection therein),
arising out of
the City's use of such
materials
in
a manner beyond the
intended purpose as set
forth herein.
Auditor or a designated
a. Licensing of Intellectual Property. This Agreement creates a
nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and
all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible medium
of expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants
that Contractor has the legal right to license any and all Documents & Data. Contractor makes
no such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Contractor or provided to Contractor by the City. City shall not
be limited in any way in its use of the Documents & Data at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the
performance of this Agreement shall be held confidential by Contractor. Such materials shall
not, without the prior written consent of City, be used by Contractor for any purposes other than
the performance of the services under this Agreement. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the services under this Agreement.
Nothing furnished to Contractor which is otherwise known to Contractor or is generally known,
or has become known, to the related industry shall be deemed confidential. Contractor shall not
use City's name or insignia, photographs relating to project for which Contractor's services are
rendered, or any publicity pertaining to the Contractor's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
Contractor's Books and Records.
a. 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 City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Contractor
to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents
required to
be maintained pursuant to this
Agreement shall be made available for inspection
or audit, at
any time
during regular business
hours, upon written request by
the City Manager,
City Attorney,
City
Auditor or a designated
representative of these officers.
Copies of such
documents
shall be
provided to the City for
inspection at City Hall when it is
practical to do so.
Otherwise,
unless an alternative is mutually
agreed upon, the records shall
be available at Contractor's
address
indicated for receipt of
notices in this Agreement.
Page 3
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City
may, by written request by any of the above -named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor,
Contractor's representatives, or Contractor's successor -in- interest.
8.
possesses no authority with
Independent
City decision beyond rendition
Contractor.
recommendation or counsel.
It is understood that
Contractor, in the performance of
the work
and services agreed to be performed,
shall act as
and be an independent contractor
and shall
not act as an agent or employee of the
City.
9. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or 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 the 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.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
10. Interests of Contractor. Contractor (including principals, associates and
management employees) covenants and represents that it does not now have any investment
or interest in real property and shall not acquire any interest, direct or indirect, in the area
covered by this Agreement or any other source of income, interest in real property or investment
which would be affected in any manner or degree by the performance of Contractor's services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his /her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b.
possesses no authority with
respect to any
City decision beyond rendition
of information, advice,
recommendation or counsel.
(FPPC Reg.
18700(a)(2).)
11. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement.
Contractor shall therefore provide properly skilled personnel to perform all services under this
Agreement. All work performed by Contractor under this Agreement shall be in accordance with
Page 4
applicable legal requirements and shall meet the standard of quality ordinarily to be expected of
competent contractors in Contractor's field of expertise.
12.
Compliance
with
Laws. Contractor shall
use the standard of care in its
profession to
comply with
all applicable federal, state and
local laws, codes, ordinances and
regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that
Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any licenses, permits, insurance and approvals which are legally
required of Contractor to practice its profession. Contractor shall maintain a City of Lake
Elsinore business license.
14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury,
bodily injury, loss of life, or damage to property, or any violation of any federal, state, or
municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or
negligent acts or omissions of Contractor or its employees, subcontractors, or,agents, by acts
for which they could be held strictly liable, or by the quality or character of their work. The
foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to
property, or violation of law arises from the sole negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
property, or violation of law. It is understood that the duty of Contractor to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for
damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this
Section and that it is a material element of consideration.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk
Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his /her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days
prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City. In the event that Contractor is exempt from Worker's
Page 5
Compensation Insurance and Employer's Liability Insurance for his /her employees in
accordance with the laws of the State of California, Contractor shall submit to the City a
Certificate of Exemption from Workers Compensation Insurance in a form approved by
the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance 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. Required commercial general liability coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form CG
0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be
attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non -owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each
occurrence. Automobile liability coverage must be at least as broad as Insurance
Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No
endorsement may be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self- insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
Page 6
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self - insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance coverage required
herein. Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16.
Notices.
Any notice
required to be given under this
Agreement shall be
in writing
and either served personally or
sent prepaid, first class mail.
Any such notice
shall be
addressed to the other party at
the address set forth below.
Notice shall be
deemed
communicated within 48 hours from
the time of mailing if mailed as
provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore. CA 92530
If to Contractor: Evergreen Cleaning Solutions
Attn: Mr. Fabrice Vuillemey, President
23885 Corinth Drive
Murrieta, CA 92562
17, Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and
competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Contractor under this Agreement will be permitted only with
the express consent of the City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written
authorization of the City. If City consents to such subcontract, Contractor shall be fully
Page 7
responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement
shall create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of the City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute
a continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling
Law Venue.
This Agreement
and all
matters relating to it shall be
governed by the laws
of the State
of California and
any action brought relating to this
Agreement shall be held
exclusively in
a state court in the
County
of Riverside.
23, Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any
disputes arising out of this Agreement through mediation prior to commencing litigation. The
parties shall mutually agree upon the mediator and share the costs of mediation equally. If the
parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its
successor in interest. JAMS shall provide the parties with the names of five qualified mediators.
Each party shall have the option to strike two of the five mediators selected by JAMS and
thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after
mediation, either party may commence litigation.
25. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to
enter into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement.
26. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
.-
27. Equal OpportunitV Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
28. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title
8, Section 16000, et seq., ('Prevailing Wage Laws "), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. Contractor agrees to fully comply with all applicable federal and state labor laws
(including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties
that, in connection with the Work or Services provided pursuant to this Agreement, Contractor
shall bear all risks of payment or non - payment of prevailing wages under California law, and
Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers,
employees, agents, and volunteers, free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity
shall survive termination of this Agreement.
29. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
"CONTRACTOR"
Evergreen Cleaning Solutions, a corporation
Grant Yates, City Manager By Fabrice Vuillemey
Its: President
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Contractor's Proposal
Exhibit B — List of Subcontractors
Page 10
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
EXHIBIT A
PROPOSAL BID SCHEDULE
CONTRACTOR: _Evergreen Cleaning Solutions
Base Bid: Three (3) days per week of all Facility Buildings. All Park restrooms to
be serviced Friday through Sunday and all holidays.
NOTE: The Proposal shall include, but not be limited to, sales tax and all other
applicable taxes and fees.
SITE ADDRESS MONTHLY COST I]AYR TO RP M FANFrI
1.
2,
3.
4.
5,
6.
7.
8.
9.
10,
11.
12,
13,
14,
City Hall
$945.00
Monday, Wednesday,
130 S. Main St.
Friday
City Hall Engineering Trailer
$140.00
Monday, Wednesday,
130 S. Main St
Friday
City Yard Main Office
$220,00
Monday, Wednesday,
521 N. Langstaff St.
Friday
City Yard Mechanic Shop
$180.00
Monday, Wednesday,
521 N. Langstaff St,
Friday
City Yard Office Trailer
$140,00
Monday, Wednesday,
521 N. Langstaff St,
Friday
Senior Center
$525.00
Monday, Wednesday,
420 East Lakeshore Dr.
Friday
Senior Center Annex
$140.00
Monday, Wednesday,
Building
Friday
420A East Lakeshore Dr.
_
Cultural Center
$490.00
Monday, Wednesday,
183 North Main Street
Friday
Lake Community Center
$825.00
Monday, Wednesday,
310 W. Graham St.
Friday
Tiny Tots
$225.00
Monday, Wednesday,
400 W. Graham St.
Chamber of Commerce
$200.00
_Friday
Monday, Wednesday,
132 W. Graham St.
Friday
Alberhill Community Park
$95.00
Friday, Saturday, Sunday
28200 Lake St.
and all Holidays
Canyon Hills Community
$95.00
Friday, Saturday, Sunday
Park
and all Holidays
34360 Canyon Hills Rd,
City Park
$95.00
_ Friday, Saturday, Sunday
243 S. Main St.
and all Holidays
Alternate Bid: Five (5) days per week of Facility Buildings. Seven (7) days per
week of all Park restrooms.
NOTE: The Proposal shall include, but not be limited to, sales tax and all other
applicable taxes and fees.
DAYS TO BE
SITE ADDRESS MONTHLY COST CLEANED
27.
28,
29.
30,
31.
32.
33.
34.
35.
36.
37.
38.
39,
40.
41.
42,
43,
City Hall
130 S. Main St.
$1,350.00
Monda - Frida
City Hall Engineering Trailer
$200.00
Monday - Friday
130 S. Main St
City Yard Main Office
$310.00
Monday - Friday
521 N. Langstaff St.
City Yard Mechanic Shop
$250.00
Monday - Friday
521 N. Langstaff St.
City Yard Office Trailer
$200.00
Monday - Friday
521 N. Langstaff St.
Senior Center
$750.00
Monday - Friday
420 E. Lakeshore Dr.
Senior Center Annex
$200.00
Monday - Friday
420A E. Lakeshore Dr.
Cultural Center
$700.00
Monday - Friday
183 N. Main St,
Lake Community Center
$11175,00
Monday - Friday
310 W. Graham St.
4
y
Tiny Tots
$320.00
Monday - Friday
400 W. Graham St.
Chamber of Commerce
$280.00
Monday - Friday
132 W. Graham St.
Alberhill Community Park
$135.00
Monday — Sunday,
28200 Lake St.
and all Holidays
Canyon Wills Community Park
$135,00
Monday — Sunday,
34360 Canyon Hills Rd.
and all Holidays
City Park
$135.00
Monday — Sunday,
243 S. Main St.
and all Holidays
CreeksidePark
$135.00
Monday — Sunday,
3200 Lost Road
and all Holidays
Lakepoint Park
$135.00
Monday — Sunday,
420 E. Lakeshore Dr.
and all Holidays
Machado Park
$135.00
Monday — Sunday,
15150 Joy St.
and all Holidays
J
15.
16.
17,
18.
19,
20.
21.
22,
23,
24,
25.
26.
PROPOSAL SCHEDULE (Continued)
CONTRACTOR: Evergreen Cleaning Solutions
SITE ADDRESS
MONTHLY COST nAYS TO RP rl FANFn
Creekside Park
$95.00
Friday, Saturday, Sunday
3200 Lost Road_
and all Holidays
Lakepoint Park
$95.00
Friday, Saturday, Sunday
420 E. Lakeshore Dr.
and all Holidays
Machado Park
$95.00
Friday, Saturday, Sunday
15150 Joy St,
and all Holidays
McVicker Canyon
$140.00
Friday, Saturday, Sunday
Community Park
and all Holidays
29355 Grand Ave.
Rosetta Canyon Community
_
$95.00 _
Friday, Saturday, Sunday
Park
and all Holidays
39423 Ardenwood Wy.
Summerhill Park 4
$95.00
Friday, Saturday, Sunday
31613 Canyon Estates Dr.
and all Holidays
Summeriake Park
$95.00
Friday, Saturday, Sunday
900 W. Broadway
and all Holidays
Swick and Matich Park
$140.00
Friday, Saturday, Sunday
402 Limited St.
and all Holidays
Tuscany Hills Park
$95,00
Friday, Saturday, Sunday
30 Summerhill Dr.
and all Holidays
Yarborough Park
$95.00
Friday, Saturday, Sunday
419 N. Poe St.
and all Holidays
La Laguna Resort
$95.00
Friday, Saturday, Sunday
32040 Riverside Dr,
and all Holidays
Seaport Boat Launch
$95.00
Friday, Saturday, Sunday
500 W. Lakeshore Dr.
and all Holidays
MONTHLY COST PROPOSAL TOTAL
Total Amount of Base Bid Proposal in NUMBERS: $5,545.00
Total Amount of Base Bid Proposal in WORDS:
Five Thousand Five Hundred forty Five Dollars
PROPOSAL SCHEDULE
CONTRACTOR: Evergreen Cleaning Solutions
44.
45.
46.
47.
48.
49,
50.
51,
52.
McVicker Canyon Community Park
$200,00
Monday - Sunday,
29355 Grand Ave.
and all Holidays
Rosetta Canyon Community Park
$135.00
Monday - Sunday,
39423 Ardenwood Wy.
and all Holidays
Summerhill Park
$135.00
Monday - Sunday,
31613 Canyon Estates Dr.
and all Holidays
Summerlake Park
$135.00
Monday - Sunday,
900 W. Broadway
and all Holidays
Swick and Matich Park
$200,00
Monday - Sunday,
402 Limited St.
and all Holidays
Tuscany Hills Park
$135.00
Monday - Sunday,
30 Summerhill Dr.
and all Holidays
Yarborough Park
$135.00
Monday - Sunday,
419 N. Poe St.
and all Holidays
La Laguna Resort
_
$135.00
Monday - Sunday,
32040 Riverside Dr.
and all Holidays
Seaport Boat Launch
$135,00
Monday - Sunday,
500 W. Lakeshore Dr.
and all Holidays
MONTHLY COST PROPOSAL TOTAL
Total Amount of Alternative Bid Proposal in NUMBERS:
$7,890.00
Total Amount of Alternative Bid Proposal in WORDS:
Seven Thousand Eight Hundred ninety Dollars
MONTHLY COST PROPOSAL TOTAL
Total Amount of Base Bid in NUMBERS: $5,545.00
Total Amount of Base Bid in WORDS: Five Thousand Five Hundred Forty Five Dollars.
Total Amount of Alternate Bid in NUMBERS:
$7,890.00
Total Amount of Alternate Bid in WORDS: Seven Thousand Eight Hundred ninety
Dollars.
ON -CALL SERVICES
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65,
66.
67.
SERVICE
UNIT_
COST
Wash and polish light fixtures, lamps, and
Per
Fixture
Power wash concrete approach /sidewalk in
Per Sq Ft
reflectors
accordance with all laws & re ulations
Power wash exterior building walls in
_
Per Sq Ft
$0.10
accordance with all laws & regulations
Machine carpet cleaning, other than scheduled
Per
Sq. Ft
$0.17
Per Container
requirement
(ranging from 20 -50 gallons) in building to bin in
arking lot
Special Event Cleaning of one Meeting Room at
Per
Event
$50.00
$75.00
Lake Community Center
Per Unit
$40.00
refrigerator/freezer combination unit
Special Event Cleaning of the Kitchen at Lake
Per
Event
$75.00
refrigerator
_Community Center
_
Special Event Cleaning at Senior Center
Per
Event
$75.00
Labor for On -Call Services (Day)
Per
Hour
$25.00
Labor for On -Call Services (Evening /Night)
Per
Hour
$35.00
5 p.m. — 8 a.m.
Labor for On -Call Services
Per
Hour
$50.00
Holidays
_
EXTRA SERVICES
SERVICE
UNIT
COST
Chair cleaning
Per Chair
$9.00
Power wash concrete approach /sidewalk in
Per Sq Ft
$0.10
accordance with all laws & re ulations
Power wash exterior building walls in
_
Per Sq Ft
$0.10
accordance with all laws & regulations
Transfer recycled material from container
Per Container
$2.00
(ranging from 20 -50 gallons) in building to bin in
arking lot
Clean exterior and interior of commercial oven
Per Unit
$75.00
Clean exterior and interior of residential
Per Unit
$40.00
refrigerator/freezer combination unit
Clean exterior and interior of commercial
Per Unit
$50.00
refrigerator
NOTES:
1. On -call and /or extra services is not guaranteed.
2. Work to be performed either as- needed on -call and /or extra services shall be
performed only by written work order authorization from the City. A work authorization
delineating scope, schedule, and fee shall be provided by the City to the Contractor prior
to the commencement of any on -call and /or extra services.
N/A
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
EXHIBIT B
1'
Mia Beltran
Management Analyst
City of Lake Elsinore
Dear Mia,
We are delighted you are considering Evergreen Cleaning Solutions with the awarding of the Janitorial
contract for the City of Lake Elsinore.
Per our phone conversation I send you this letter to confirm Evergreen Cleaning Solutions, will honor the
costs stated in the bid proposal delivered to your office on February 2015.
Feel free to contact me if you have any questions or concerns.
Sincerely,
e�
Fabrice Vuillemey
Evergreen Cleaning Solutions
23885 Corinth Drive, Murrieta, CA 92562 Phone: (951) 852 -4128