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HomeMy WebLinkAboutItem No. 07 Amend No. 2 with Evergreen Cleaning Solution Janitorial ServicesText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-122 Agenda Date: 3/28/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 7) Page 1 City of Lake Elsinore Printed on 3/23/2017 Report to City Council To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Dave Nichols, Public Works General Service Manager Date:March 28, 2017 Subject:Amendment No. 2 to the Agreement with Evergreen Cleaning Solution for Citywide Janitorial Services Recommendations Approve and authorize the City Manager to execute Amendment No. 2 which is modifying the Scope of Services, and increasing the original contract amount by $21,425 bringing the $73,194 contract amount to $94,619. Background For all City-owned and a commercial vendor performs janitorial services on all leased buildings, facilities, and parks restrooms. The City entered in a contract with Evergreen Cleaning Solutions dated August 25, 2015 for Janitorial Services for $66,540 (on-call services and extra work is not included in this annual amount). Amendment No. 1 dated June 28, 2017 extended the contract a further 12-months and increased compensation to $73,194, which included 10% contingency. Discussion Modifications to the Scope of Services 1.Senior Center & Annex – The original scope of services required services three (3) days per week and included wet moping of the restroom floors. At the request of Community Services Department, the services were modified in December 2016 to 5 days per week and wet moping of all the hard surface floors at the facility on a daily basis. 2.Rosetta Canyon Sports Park – The new concession building restrooms receive services three (3) days per week on Friday-Saturday-Sunday nights since December 2016. Amendment No. 2 Evergreen Cleaning Solution Contract March 28, 2017 Page 2 3.Park Restrooms - Restrooms at 20 park-site locations are currently serviced 3 days per week by the janitorial company, and 4 days per week by staff. Effective April 1, 2017, this amendment increases the service to 7 days per week. As an example; to increase service to 7 days per week at Canyon Hills Park is $40 per month. The benefit of this change is two-fold: much less expensive than staff performing the work and frees up staff to perform other duties. Attached is a spreadsheet that shows per month per park the cost of this service. Fiscal Impact The current Public Works FY 16/17 budget has funds to cover this increase. EXHIBITS Exhibit A - Amendment No. 2 Agreement Exhibit B – Original Agreement Exhibit C – Revised Scope of Service Exhibit D - Revised Proposal Cost Analysis AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTOR SERVICES Evergreen Cleaning Solutions Janitorial Services This Amendment No. 2 to Agreement for Contractor Services (“Amendment No. 2”) is made and entered into as of March 28, 2017, by and between the City of Lake Elsinore, a municipal corporation (“City), and Evergreen Cleaning Solutions, a corporation (“Contractor”). RECITALS A.The City and Contractor have entered into that certain Agreement for Contractor Services as of August 25, 2015 (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B.The Original Agreement provided for compensation to Contractor in an amount not to exceed $66,540 for Fiscal Year 2015/2016. The term of the Original Agreement was for ten (10) months and allows the City to extend the term on a 12-month basis, not to exceed three (3) additional 12 month renewals. C.Amendment No.1 dated July 1, 2016, extended the term of the contract an additional twelve (12) months, and increase the compensation for such services to $73,194 for Fiscal Year 2016/2017. D.The parties now desire to modify the scope of services and increase the payment for such services as set forth in this Amendment No 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1.Section 1, Scope of Services. of the Original Agreement is hereby amended to add the following: Contractor shall perform the services and related work described in Contractor’s Revised Scope of Work (Exhibit A1) attached to Amendment No.2, in addition to Contractor’s Proposal (Exhibit A) in the Original Agreement. Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor’s Scope of Work (Exhibit A1), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call support on an as needed basis. 2.Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposal (Exhibit B). Amendment No. 2 – Evergreen Cleaning Solutions Page 2 Amendment No. 2 Evergreen Cleaning Solution 3/28/2017 In no event shall Contractor's compensation related to Contractor’s Proposal, Exhibit B exceed Ninety-Four Thousand Six Hundred Nineteen Dollars ($94,619)Fiscal Year 2016-2017 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. 3.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: Susan Domen City Clerk APPROVED AS TO FORM: Barbara Leibold City Attorney “CONTRACTOR” EVERGREEN CLEANING SOLUTION Fabrice Vuillemey, President Date: Attachments: Exhibit A Original Agreement Exhibit A1 Revised Scope of Work Exhibit B Revised Proposal Cost Analysis 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 EXHIBIT A 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, 20'16. 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. Comoensation. 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. ln 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 Pavment. 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. lf 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. b. ln 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. Ownershio 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 of{icers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including Page 2 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. a. Licensinq of lntellectual Propertv.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. Confidentialitv. 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. 7. 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. lndeoendent Contractor. lt 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 Elioibilitv lndemnification. ln the event that Contractor or any employee, agent, or subcontractor of Contraclor 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 conlribution and/or employee contributions for PERS benefits. 10. lnterests 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. Abilitv 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. Comoliance 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. lndemnitv. 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 Conlractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. lt is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of lhe 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. lnsuranceRequirements. a. lnsurance. 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' ComDensation Coveraoe. Contractor shall maintain Workers' Compensation lnsurance and Employeis Liability lnsurance for his/her employees in accordance with the laws of the State of California. ln addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability lnsurance 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. ln the event that Contractor is exempt from Worker's Page 5 Compensation lnsurance and Employer's Liability lnsurance 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 lnsurance in a form approved by the City Attorney. ii. General Liabilitv Coveraqe. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurence for bodily injury, personal injury and property damage. lf 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 lnsurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or lnsurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and lnsurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liabilitv Coveraqe. 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 lnsurance Services Ofrice Automobile Liability form CA 0001 (ed. 12190) 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:Vll 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-lnsured 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 lnsurance. 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 wriling 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. lf to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 City of Lake Elsinore Attn: City Clerk With a copy to: 130 South Main Street Lake Elsinore, CA 92530 lf to Contractor: Evergreen Cleaning Solutions Attn: Mr. Fabrice Vuillemey, President 23885 Corinth Drive Murrieta, CA 92562 17. Entire Aqreement. 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. Assiqnment and Subcontractinq. 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 lhe 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. lf 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 otheMise 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. Severabilitv. lf 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. Controllino 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. Litiqation Expenses and Attornevs' Fees. lf 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 aftempt 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. lf 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. lf the dispute remains unresolved after mediation, either party may commence litigation. 25. Authoritv to Enter Aoreement. 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 lnterests. 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. Page 8 27. Equal Oooortuniw Emplovment. 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. Prevailinq Waoes. 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). lt 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. ln approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page I lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "ctTY" CITY OF LAKE ELSINORE, a municipal corporation "CONTRACTOR" Evergreen Cleaning Solutions, a corporation Fabrice Vuillemey President Attachments: Exhibit A - Contractor's Proposal Exhibit B - List of Subcontractors By: Its: ATTEST: Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A EXHIBIT A PROPOSAL BID SGHEDULE CONTRACTOR: _Evergreen Cleaning Solutions Base Bid: Three (3) days per week of all Facility Buildings. All Park restrooms to be seruiced Friday through Sunday and all holidays. NOTE: The Proposal shalt include, but not be limited to, sales tax and all other applicable taxes and fees. SITE ADDRESS ITIONTHLY COST DAYS TO BE CLEANED City Hall 130 S. Main St. $e45.00 Monday, Wednesday, Friday City Hall Engineering Trailer 130 S. Matn St ${40.00 Monday, Wednesday, Friday Gity Yard Main Office 52{ N. LangstaffSt $220.00 Monday, Wednesday, Friday Gity Yard Mechanic Shop 521 N. LangstaffSt. $180.00 Monday, Vllednesday, Friday City Yard Offlce Trailer 521 N. Langstaff St $1lo.00 Monday, Wednesday, Friday Senior Center 420 East Lakeshore Dr. $52s.00 Monday, Wednesday, Friday Senior Center Annex Building 420A East Lakeshore Dr. $140.00 Monday, Wednesday, Friday CulturalGenter 183 North Main Street $490.00 Monday, Wednesday, Fridav Lake Community Center 3{0 W. Graham St. $825.00 Monday, Wednesday, Fridav Tiny Tots 400 W. Graham St. $225.00 Monday, Wednesday, Friday Ghamber of Gommerce 132W. Graham St $200.00 Monday, Wednesday, Friday Alberhill Community Park 28200 Lake St. $es.00 Friday, Saturday, Sunday and all Holidays Canyon Hills Community Park 34360 Canyon Hills Rd. $95.00 Friday, Saturday, Sunday and all Holidays City Park 243 S. Main St. $e5.00 Friday, Saturday, Sunday and all Holidays 1. 2. 3. () 4- 5. 6. 7- 8. 9. 10. ,,1. 12. 13. 14. I Alternate Bid: Five (5) days perweek of Facility Buildings. Seven (7) days per. j 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 40. 41. 42. 43. 27. 28. 29. 30. 31. 33. r-, l 34. 35. 38, 39. 37. City Hall 130 S. Main St $1,350.00 Mondav'Fridav Gity Hal! Engineering Trailer 130 S. Main St $200.00 Monday - Friday Gity Yard Main Office 521 N. Langstaff St. $3{0.00 Monday - Friday City Yard Mechanic Shop 521 N. Langstaff St. $250.00 Monday - Friday Gity Yard Office Trailer 521 N. l-angstaff St $200.00 Monday - Friday Senior Center 42O E.l-akeshore Dr. $750.00 Monday - Friday Senior Center Annex 42OAE. Lakeshore Dr. $200.00 Monday - Friday Cultural Genter 183 N. Main St $700.00 Monday - Friday Lake Gommunity Center 310 W. Graham St ${,175.00 Monday - Friday Tiny Tots 400 W. Graham St. $320.00 Monday - Friday Chamber of Gommerce 132 W. Graham St $280.00 Monday - Friday Alberhill Community Park 282OO Lake St. $135.00 Monday - Sunday, and all Holidays Canyon Hills Community Park 34360 Canyon Hills Rd. $135.00 Monday - Sunday, and all Holidays City Park 243 S. Main SL ${35.00 Monday - Sunday, and all Holidays Greekside Park 3200 Lost Road $135.00 Monday - Sunday, and all Holidays Lakepoint Park 420 E. Lakeshore Dr. $135.00 Monday - Sunday, and all Holidays Machado Park 15150 Joy St $135.00 Monday - Sunday, and all Holidays I I PROPOSAL SCHEDU LE (Continued) CONTRACTOR: Evergreen Cleaning Solutions 17. {8. 15. {6. 25. 26. 19. 20. 21. '/22. 23. 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 forly Five Dollars PROPOSAL SCHEDULE CONTRACTOR: Evergreen Cleaning Solutions SITE ADDRESS MONTHLY COST DAYS TO BE GLEANED Creekside Park 3200 Lost Road $95.00 Friday, Saturday, Sunday and all Holidays Lakepoint Park 420 E. Lakeshore Dr. $e5.00 Friday, Saturday, Sunday and all Holidays Machado Park 15{50 Joy St. $e5.00 Friday, Saturday, Sunday and all Holidavs McVicker Canyon Community Park 29355 Grand Ave. $140.00 Friday, Saturday, Sunday and all Holidays Rosetta Canyon Community Park 39423 Ardenwood Wv. $9s.oo Friday, Saturday, Sunday and all Holidays SummerhillPark 316{3 Canyon Estates Dr. $95.00 Friday, Saturday, Sunday and all Holidays Summerlake Park 900 W. Broadway $e5.00 Friday, Saturday, Sunday and all Holidays Swlck and iliatich Park 402 Limited St. $140.00 Friday, Safirrday, Sunday and all Holidays Tuscany Hills Park 30 Summerhill Dr. $e5.00 Friday, Safu rday, Sunday and all Holidays Yarborough Park 419 N. Poe St. $95.00 Friday, Saturday, Sunday and all Holidays La Laguna Resort 32040 Riverside Dr. $e5.00 Friday, Saturday, Sunday and all Holidays Seaport Boat Launch 500 W. Lakeshore Dr. $95.00 Friday, Saturday, Sunday and all Holidays ..\4. 45. 46. 47. 48. 49. 50. 5{. 52. MONTHLY COST PROPOSAL TOTAL Total Amount of Alternative Bid Proposal in NUMBERS: $7,890.00 Total Amount of Altemative Bid Proposal in WORDS: Seven Thousand Eight Hundred ninety Dollars MONTHLY COST P-ROPOSAL TOTAL TotalAmount of Base Bid in NUMB_ERS: $5.545.00 TotalAmount of Base Bid in WORDS: Five Thousand Five Hundred Fortv Five Dollars. TotalAmount of Altemate Bid in NUMEERS: $7,890.00 TotalAmount of Altemate Bid,in WORDS: Seven Thouqod_Eight Hundred ninetv Dolla.rs. i) McVicker Canyon Community Park 29355 Grand Ave. $200.00 Monday - Sunday, and all Holidays Rosetta Canyon Community Park 39423 Ardenwood Wy. $135.00 Monday - Sunday, and all Holidays SummerhillPark 31613 Ganyon Estates Dr. $135.00 Monday - Sunday, and all Holidays Summerlake Park 900 W. Broadway $,l35.00 Monday - Sunday, and all Holidays Swick and Matich Park 402 Limited St. $200.00 Monday - Sunday, and al! Holidays Tuscany Hills Park 30 Summerhitl Dr. $135.00 Monday - Sunday, and all Holidays Yarborough Park 419 N. Poe St $135.00 Monday - Sunday, and all Holidays La Laguna Resoft 32040 Rivercide Dr. $135.00 Monday - Sunday, and all Holidays Seaport Boat Launch 500 W. Lakeshore Dr. $135.00 Monday - Sunday, and all Holidays ON.CALL SERVICES EXTRA SERVICES SERVICE UNIT COST Chair cleaning Per Chair $e.00 Power wash concrete approach/sidewalk in accordance with all laws & regulations Per Sq Ft $0.10 Power wash exterior building walls in accordance with all laws & requlations Per Sq Ft $0.10 Transfer recycled materia! from container (ranging from 20-50 gallons) in building to bin in parking lot Per Container $2.00 Clean exterior and interior of commercial oven Per Unit $75.00 Clean exterior and interior of residential refrigeratorllreezer combination unit Per Unit M0.00 Clean exterior and interior of commercial refrigerator Per Unit $50.00 53. 54. 55. 59. 60. 56. 57. 58. 6'1. 62. 63. 64. 65. 66. 67. 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 wriften 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. SERVICE UNIT COST Wash and polish light fixtures, lamps, and reflectors Per Fixture $6.00 Machine carpet cleaning, other than scheduled requirement Per Sq. Ft $0.17 Special Event Cleaning of one Meeting Room at Lake Communitv Center Per Event $50.00 Special Event Cleaning of the Kitchen at Lake Communitv Center Per Event $7s.00 Special Event Cleaning at Senior Center Per Event $75.00 Labor for On-Call Services (Day) 8a.m.-5p.m. Per Hour $25.00 Labor for On-Call Services (Evening/Night) 5p.m.-8a.m. Per Hour $35.00 Labor for On-Call Services Holidays Per Hour $50.00 () N/A EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] EXHIBIT B PUBLIC WORKS ROUTING Once the attached documents have been reviewed, please sign and return to Public Works, at ext. 241 DateSignatureReviewing Department Public Works Review City Attorney Gity Manager City CIerk NAME OF VENDOR: SUPPORT DOCUMENTS: lnsurance(s) Proposal: Bonds: EVERGREEN CLEANING q,8 l< q-g-15 tu COMMENTS: Itr couTacTED coNTRAcToR To REQUEST ADDITIONAL INSURANCE CERT FOR AUTO & TO INCLUDE ADDITIONAL ENDORSEMENT FOR CITY ffiArE oF LtABt!,lIYlNsuEAUgE s51{?7-3S31i;6d;;F. Htlar lasurrltcs Ssrvitas P.O. Eo(468 Muniel?,cA Gener:l{ans ql Prpiettion CleaninE Solutio 23E85 Codruh Driva Mutriei*, cAg?!S?' FaBrlceVuillerneY City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 sz56€04ts COVERAGE lv i HaqeaneqyE-FlEM_FgiicYPEriop (*9rfiATED.l'Isrv{irl.lsrAt{El}ic . Alry FEQu|FE dEfr. irn* on.IfroieEu oi r},iy daqr516-oi{ciriiid oecuqfijrr_ y'rrr-rfsetFEcr ro uilc}r tH{s cEEnPie#rE fvAY 8E rs3uEo onriifEEiffitriE H::':-'-T::-'T -CQrt8ttlft- orl€n!! uallu"r I c,+n,t,,.^e: Ix J occua I AurDuoa! t It gr.FY i-jnotnwoi-l .*o*u*nuto.I l.^tllr-flngnUrv- ]--l "r"*rtar^*,'I iHr:orr.tg'e ryln',*^Pgeqjr oYilEnfirq gJS.i 5 '...,iUlOOliLY: rcn i r l,oagorluetuwI I e'r^iv.rwll4 i elcHoceLraF€NcE I _----_-- l€&!GIl3 cgltPErsnnoel *r,l g9;.1Yg3S! 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I{iiiiiitih*-uie*i?r,-- lc*ratsysg t*,F"€fr Prffi iitE*Iiltciirlt 3{qJl9netaF?If asov! ocEtrrtEcaagucflltEe rgll,lEo EFOEa?'€E(,',RArqil gnE TfiBtEas.llG isruillq t*E!B lrnr ifiEglvs* To pllt -g E'\$ vrntTT€ll :rt{tsE"BTXE tr€i lEct\?i llgLts!{AliE! !O il{tL6t' sla tffLtnGlQ lOgS $$lL}" rrFEE no €allgriftgf{ ofr L$3i5!f frF $'Y l<'lE rFcrr "}q lEuBEfr. ll8 &aE$tS tri City of Lake Elsinore 13o South fi.lain Street Lake Elsinore, CA 92530 2f (zos?Js5) cQltlitHr:- Qtri?xgtlaBlLi". I c+irn,.^o= ilJ oc;ua Cq{8i!{EP S!'ISLE tll'n tisctrdFti t- iibl-o*y* ilotict of CancelladEn far l{or'Pavmentgnly SPECIFIC REQUIREMENTS The specifications for janitorial services for the City shall consist of this document herein referred to as “specifications.” Contract Documents shall consist of the specifications, addenda, bonds, insurance certificates, the Agreement, and all required submittals: A. Specifications are for janitorial services at the following “Facilities” and “Parks” locations: Estimated Cleaning Facility Buildings Address Square Footage City Hall 130 S. Main St. 13,000 City Yard Main Office-A 521 N. Langstaff St. 3,420 City Yard Office Trailer–B 521 N. Langstaff St. City Yard Mechanic Shop-C 521 N. Langstaff St. Senior Center-Building-A 420 E. Lakeshore Dr. Senior Center Annex Building-B 420 E. Lakeshore Dr. Lake Community Center 310 W. Graham Ave. 10,500 Tiny Tots 400 W. Graham Ave. 1,000 Cultural Center 183 N. Main St. 5,000 Chamber of Commerce 132 W. Graham Ave. 1,300 Engineering Trailer 130 S. Main St. 480 City Yard Trailer 521 N. Langstaff St. 480 Parks Address Project No. Lakepoint Park (Restrooms) McVicker Park (Restrooms) Summerhill Park (Restrooms Summerlake Park (Restrooms) Swick-Matich Park (Restrooms) Tuscany HillsPark (Restrooms) Yarborough Park (Restrooms) Machado Park (Restrooms) Creekside Park (Restrooms) Alberhill Park (Restrooms) 420 E. Lakeshore Dr. PK0100 29355 Grand Avenue PK0200 31613 Canyon Estates Dr. PK0300 900 W. Broadway PK0400 402 Limited Street PK0500 30 Summerhill Drive PK0600 419 N. Poe St. PK0700 15150 Joy St. PK0900 3200 Lost Rd. PK1100 28200 Lake St. PK1600 Rosetta Park (Restrooms) 39423 Ardenwood Wy. PK1800 Seaport Boat Launch (Restrooms) 500 West Lakeshore Dr. La Laguna Resort (Restrooms) 32040 Riverside Dr. Rosetta Canyon Sports Complex 39423 Ardenwood Wy. PK1800 B. Care of Work Areas – The Contractor shall prohibit his employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephones, radio equipment, television sets, office equipment provided for official City use, or tamper with personal or City property. No equipment shall be unplugged without prior City of Lake Elsinore approval. Exhibit A1 Any potentially important envelope or other material found in the waste containers or on the floor shall be left in the area with a note and the Facilities Manager, or designee, shall be notified via telephone or e-mail by 9:00 a.m. the next business day. Employees of the Contractor shall protect the City from damages as a result of their work. City property or City staff’s personal property damaged by Contractor’s employees shall be repaired or replaced at Contractor’s expense. In the event of such damage, the Contractor’s employee shall leave a note in the general area of the damage and the Contractor shall contact the Facilities Maintenance office the next business day by 9:00 a.m. Services will continue to be provided per the bid schedule at the City of Lake Elsinore facility per the cleaning schedule. The Contractor is responsible for the general cleaning of restrooms, offices, cubicles, and carpet spot and restorative cleaning, vacuuming, locker rooms, and window glass cleaning. C. Security - In the event of a situation that may result in further damage or breach of security to City property if not corrected immediately (i.e. water leak, broken window, unsecured exterior door, etc.), employees of the Contractor are to inform their supervisor, who is to contact a Facilities representative via an after-hours number that will be provided to the Contractor. Upon leaving, employees of the Contractor shall ensure that all doors and windows they may have opened are securely closed and locked and that any lights they turned on are turned off. Should the Contractor or his employee lose any keys that provide access to any City facility, the Contractor may be required to pay the cost to re-key all affected locks. All lost keys, alarm codes, or key cards shall be reported to the Facilities Manager or designee immediately. The Contractor’s employees shall not admit anyone, including City employees, into any of the buildings or locked offices. City employees who are authorized to be in the building or secured areas have their own keys and/or key cards. D. Emergencies – Employees of the Contractor are to call 9-1-1 immediately if: 1. They observe anyone destroying City property either inside or outside the building. 2. Someone is trying to force their way into a City facility. 3. They observe a fire. 4. They smell smoke or a strong odor of gas. 5. Any other situation that would prompt a reasonable person to seek outside assistance. E. Hazardous Materials – The Contractor shall not use any hazardous materials or chemicals in any City facility without submission of the corresponding Material Safety Data Sheet (MSDS) and express authorization from the Facilities Manager or designee. Should the Contractor’s employees happen to generate a hazardous material during the course of their work, the Contractor shall remove and dispose of it immediately in accordance with all laws and regulations. If a hazardous material, such as empty aerosol cans, used motor oil, etc., is discovered on City property by the Contractor’s employees, they shall notify their supervisor immediately. The supervisor shall notify a Facilities Maintenance representative via an after-hours number should the situation require immediate clean-up and/or removal of the substance. If the situation is not urgent, the Contractor shall notify the Facilities Maintenance Division’s office by 9:00 a.m. the following business day. F. Coordination and Phasing - The Council Chambers, banquet rooms, conference rooms, and office spaces may be in use by employees and citizens during the time that the Contractor’s employees arrive to perform services. All work shall be performed in a phased operation so that these meetings are not disrupted. In no case shall work commence in an area where a meeting is in progress. If an office is occupied by a City employee who is working after hours, the Contractor’s employee may ask the occupant if cleaning can commence in that office/area. G. Personnel - The Contractor’s employees shall extend the highest quality of courtesy in speech, action, and deed to all City employees, officials, citizens, and visitors/guests. The City, through the Facilities Maintenance Division, retains the right to demand immediate dismissal or removal from the premises of any of Contractor’s employees considered being in violation of the requirements of these specifications. No employee under the influence of alcohol or drugs shall be allowed on the premises or in the building. The Contractor will immediately remove any of their employees whose conduct or workmanship is unsatisfactory. H. Contractor’s Employees may not: 1. Perform any service beyond their capability or training. 2. Use cleaning equipment or electrical outlets that are in need of repair. 3. Unplug electrical cords from outlets in use, i.e. computers, printers, etc. 4. Open and/or look in desk drawers, furniture, file cabinets, clothing, etc. 5. Take any items from a facility, no matter how small or insignificant the item may be (e.g. partial roll of toilet tissue, stick of gum, one penny). If in doubt, the Contractor’s employee should ask their supervisor. 6. Loiter in the parking areas before or after work. 7. Keep or remove trash or discarded items. These types of items are still considered to be the property of the City and are to be deposited in the appropriate bins. 8. Enter restricted areas, such as roofs, computer server rooms, etc., unescorted by City personnel. 9. Bring relatives, friends, or other non-employees of the Contractor to work with them. 10. Smoke inside any facility or within 20 feet of the exterior of any entrance. 11. Use City telephones for any purpose, except to call 911. 12. Use individual desks to take breaks. Appropriate locations will be designated for breaks (e.g. kitchen, break room, etc.). The Contractor shall assign a supervisor working regular working hours for the duration of this Contract. He/she shall have a minimum of five (5) years’ experience in janitorial maintenance supervision. The Contractor or his staff shall have expertise and experience in cleaning solutions and spot extraction from a variety of surfaces. The supervisor shall be capable of communicating effectively in both written and spoken English. I. Personnel Attire – All employees shall be required to wear appropriate attire and picture identification badges that readily identifies the individuals as employees of the Contractor. All badges shall be approved by the Facilities Manager or designee, and be provided by the Contractor at Contractor’s expense. J. Requirements Subsequent to Contract Execution – The Contractor is required to comply with the following: 1. The Contractor shall provide all management, customer service, labor, cleaning materials, equipment and supplies necessary to provide clean buildings, facilities and work environment in a responsible, safe, cost efficient, an environmentally friendly manner and perform the specified work, with the exception of consumable items such as toilet paper, hand towels, paper towels, hand soap, toilet seat covers, and waste container liners. Such consumables shall be purchased and stocked by the City. The Contractor shall be responsible for obtaining these items from a designated area at each site and refilling all containers and dispensers. Any consumables provided by the City that are in short supply must be reported to the Facilities Maintenance Division the next working day. The City does not provide waste container liners for interior recycle bins. Should the Contractor desire to use liners in these bins, the Contractor will bear the sole cost to purchase, stock, and replace them. Prior to commencement of work, the Contractor shall supply the City with an inventory of all equipment and cleaning supplies to be kept on City premises. The list or chart will identify the location where said equipment/supplies are to be kept. Contractor shall use only biodegradable cleaning products that will return to a natural state within fifteen (15) days after entering the sewage system. Material Safety Data Sheets (MSDS) shall be provided by the Contractor for all of Contractor’s cleaning supplies used and/or stored on City premises prior to such supplies being utilized in any City facility. The MSDS for all products used at the Public Works Yard Building shall be posted in all of the janitorial closets at the Public Works Yard per County of Riverside regulations. Contractor shall perform services in accordance with the most stringent of all federal, state and local codes and regulations. In addition, the Contractor shall follow all applicable standard industry practices. 2. Contractor’s equipment shall be new or in the best maintained working condition for its intended function. Equipment that is faulty or does not perform to the satisfaction of the City shall be replaced at Contractor’s expense. All Products and equipment used by the Contractor in performance of the contract shall meet the appropriate EPA and OSHA Standards and all vacuum cleaners must have HEPA filters. The Contractors equipment and supplies may be stored on site in the janitorial closets at each site location, upon approval by the Facilities Manager. 3. Prior to commencement of any work, the Contractor shall supply the names and addresses of each employee to be used on the contract for possible security checks. Any change in personnel shall be processed for clearance prior to work assignment. The City shall retain the right to demand the removal of any employee for disobeying orders, non-performance, unsatisfactory performance, or change in security status. There will be no cost to the Contractor for any security/background check. Security checks are a standard City procedure when hiring new employees. 4. Failure of the Contractor to perform any services required by the Contract specifications, evidenced by the inspection by the Facilities Manager or designee, may result in the following actions being taken: a. Notification will be made to the Contractor directing that a correction of the deficiency be started within two hours or as otherwise directed by the Facilities Manager or designee at no increase or additional cost to the total contractual amount. b. A report will be sent to the Contractor indicating the services that were not performed, the number of days the Contractor has to correct the situation, the facility in question, the location within the facility, the time, date, square footage if necessary, the amount to be deducted from the upcoming monthly payment (if any), and the requirement of the Contractor to submit his proposed remedy to the Facilities Manager within a specified time. c. Should the Contractor fail to perform the services promptly and correctly or not take steps to ensure future performance of the service in conformity with contract specifications, the Facilities Manager, at his/her sole discretion, shall have the right to: 1) Reduce the contract price to reflect the reduced value of services; 2) Have the services performed by another contractor, in conformity with the Contract, and charge the original Contractor for all costs incurred by the City plus fifteen percent (15%) for overhead; and/or 3) Terminate the Agreement for Contractor Services. 5. Working Hours – All work specified as Basic Services shall be performed within the time frames listed below: a. Commencement of work for Facility Buildings shall occur no sooner than 6:00 p.m. and be completed no later than 1:00 a.m. Park restrooms janitorial work shall occur no sooner than 10:00 p.m. and be completed no later than 6:00 a.m. Unless otherwise specified for a particular site or authorized by the Facilities Manager or designee. Details and exceptions are noted in Section R, Frequency of Service. b. On-Call and Extra Work shall be on the day and at the times selected by the City. 6. Administrative Responsibilities – The Facilities Maintenance Division is the contract administrator for the Agreement for Contractor Services, unless otherwise specified. Direct contact for daily work shall be the Facilities Manager or his designee. Requests or demands by other City employees shall be courteously listened to and referred to the Facilities Manager or designee. a. No work shall be performed which is contrary to the contract level of service or frequency charts without prior authorization by the Facilities Manager or designee. b. The Contractor agrees that should he perform work outside the scope of the Agreement for Contractor Services without a written amendment or authorization of the Facilities Manager or designee, such work shall be deemed to be gratuitous effort on the part of the Contractor, and the Contractor shall have no claim against the City for such work. c. The Contractor shall meet with the City representative periodically to inspect facilities and discuss matters of mutual concern. The frequency will be determined by the City representative, who shall be the sole judge of what constitutes the acceptable quality of work performed. d. The Contractor shall supply the Facilities Manager with name(s) and phone number(s) of responsible person(s) representing the Contractor for 24-hour emergency response. The above-mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing by the end of that business day. Failure to maintain current emergency information may result in a $200 penalty for each occurrence. Emergency response is defined as anything: 1) Per City representative(s) 2) By prior agreement 3) Public health/safety matters K. Extra Work and On-call Services 1. On-Call service shall be defined as emergency or additional work that is similar in nature to the Basic Services. The Contractor shall furnish all labor, material, and equipment to perform such on-call services per the costs quoted by the Contractor and listed in this RFP document. Response time for on-call services shall be within two hours or as otherwise directed by the Facilities Manager or designee. The City reserves the right to use or not use the Contractor to perform any On-Call Services. 2. Extra services are those items not listed in the Basic Services and if not already listed and quoted in this document, shall be negotiated on a time- and-material, not-to-exceed basis. The City reserves the right to use or not use the Contractor to perform any Extra Services. L. Contractor Payments – Payment for work described in these specifications shall be made on a monthly basis for work performed. 1. Each month, between the first and tenth day of the month, the Contractor shall submit a separate invoice for each site for the work performed during the previous month and include the corresponding City Purchase Order number. 2. Payment to the Contractor shall be made approximately forty five (45) days after submission of invoices for services rendered. M. City to Provide – The following shall be provided to the Contractor: 1. Electricity. 2. Water. 3. Trash container liners, including those for the sanitary napkin containers. No liners will be provided for recycle bins. 4. Consumable items (toilet paper, paper towels, hand soap, toilet seat covers). 5. Various janitor spaces – not available at all sites. All equipment and supplies must be kept only in these spaces and the areas must be kept clean and orderly. All faucets and lights are to be turned off upon leaving. 6. Dumpster and/or recycle bins are outside of the building for the disposal of trash and recyclables – not available at all sites. All dumpster/recycle enclosures shall be kept clean. At no time shall excess trash be left on the ground around the bins or inside the building. If an exterior bin is full, the trash is to be deposited into another City bin, even if it is at another site. All boxes are to be broken down before being placed in the recycle bin. N. Feminine Product Dispensers – Where applicable, the Contractor shall be responsible for supplying and restocking the product for the dispensers. The Contractor may retain all revenues collected from these dispensers. The City shall provide and repair the dispensers at its expense The City shall also provide liners for the sanitary waste containers. O. Termination of Agreement for Contractor Services 1. The City reserves the right to terminate the Agreement for cause immediately. 2. In the event of such termination, the bonds required shall remain in effect for six (6) months after the date of termination to provide surety that any remedial work required at the time of termination will be completed. 3. If the Contractor fails to meet the specifications of the Agreement for Contractor Services for any fifteen (15) consecutive or non-consecutive days, the City may, at its option, terminate the balance of the Agreement for Contractor Services by written notice of termination to the Contractor. Notice of such termination shall take effect three (3) days after such notice is mailed. 4. This agreement may be terminated by either party upon written notice not less than thirty (30) days prior to the proposed termination date. 5. The City reserves the right to cancel, reduce, alter, or add services to any building or portion thereof. Any such changes shall be accomplished through an Addendum to the Agreement for Contractor Services. Any monetary effect on the Agreement for Contractor Services from such changes shall be discussed and agreed upon between the City and the Contractor prior to such Addendum being finalized. 6. The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the Janitorial Services Specifications or the location(s) of service. Any addition or deletion of a facility shall be accomplished through an Addendum to the Agreement for Contractor Services. Any monetary effect on the Agreement for Contractor Services from such changes shall be discussed and mutually agreed upon between the City and the Contractor prior to such Addendum being finalized. P. Subcontracting Services – The Contractor shall not subcontract or assign the performance of any of the services in this agreement without prior written approval of the Facilities Manager or designee. Q. Reservation of Rights – The City reserves the right to arrange for any or all items of extra service, except as provided in the Agreement for Contractor Services, to be performed by separate Agreement for Contractor Services or purchase order by one or more other Contractors, if it is in the City’s best interest. R. Frequency of Service – All work described in Basic Services shall be performed in a manner equal to the best quality of the trade, regardless of its frequency. The Facilities Manager or designee shall be the judge as to the acceptability of all work performed. 1. Routine Schedule Base Bid: Three (3) days per week of Facility Buildings. All Park restrooms to be serviced Friday through Sunday and all holidays. or Alternate Bid: Five (5) days per week of Facility Buildings. Seven (7) days per week of Park restrooms. For the Base Bid option, the Senior Center shall be cleaned Tuesday, Thursday and Friday only. 2. Holiday Schedule City offices are closed for certain holidays during the year. All facilities will be closed on the following holidays and will not require service on the night of the observed closure unless otherwise notified by the City or at the mutual convenience and agreement of both the Contractor and the City, the routine work schedule may be adjusted to allow for observance of holidays or other special circumstances. New Year’s Day January 1 Martin Luther King Day 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11 Thanksgiving 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas December 25 REQUIRED BASIC SERVICES A. General Procedures and Definitions 1. The Janitor’s closet shall be kept in a neat, clean and orderly condition at all times, and securely locked when not in use. Mops are to be cleaned, rinsed, and wrung out prior to storing. Mop buckets are to be emptied at the end of each use. 2. Senior Center Facility shall be wet mopped five (5) days a week. 3. The Janitor’s closet should be stocked with ample consumable items at all times. The contractor is to notify the Facilities Manager or designee the following work day if consumable supplies are low. 4. All paper towel dispensers shall be filled to capacity each time service is performed. 5. All trash shall be discarded in the appropriate waste bin, usually located in the parking lot, and shall be considered the property of the City until it is removed by the City’s waste management hauler. At no time shall the Contractor’s employees be permitted to keep any items found on City property, even if it is in a waste or recycle container. 6. Office doors shall not all be opened at once. Only those office doors in the immediate area where Contractor’s staff are working are to be opened and then closed upon completion of cleaning. No office that has been opened by janitorial personnel may be left unattended. 7. All doors are to left in the same condition as they were found, i.e. if it was found open and unlocked, it is to be left open and unlocked after cleaning is performed. 8. Upon leaving a site, all designated lights shall be turned off. 9. “Hard surface” floors are defined as vinyl (VCT), tile, or composite (excluding bare concrete). 10. “Specialty flooring” is defined as rubberized, stone, wood, or laminate. 11. Any fixture found to be damaged, inoperable, or malfunctioning is to be reported to the Facilities Maintenance Division by 9:00 a.m. the following business day, unless immediate attention is required to prevent additional damage. In that case, the janitor will contact their supervisor who is to immediately notify the Facilities Maintenance Division standby person. 12. Any graffiti that cannot be removed with typical graffiti remover is to be reported to the Facilities Maintenance Division the following business day by 9:00 a.m. B. Daily - All Areas 1. Wipe clean all clear desk areas and counters. No items on desks, tables, overheads, etc. are to be moved. 2. Empty all desk and area trash containers (interior and exterior of the building) and replace liners as needed. Liners are to be concealed on waste containers that have decorative lids. Trash bags are not to be dragged along the ground; care is to be taken to avoid spillage or staining of carpets, floors, and exterior surfaces. Any stains resulting from Contractor’s actions shall be cleaned at Contractor’s expense. 3. Remove graffiti from walls and furniture. 4. Sweep/dust all hard surfaces and specialty flooring per manufacturer’s recommendations. 5. Vacuum all carpeting, including stairwells, with particular attention given to high traffic areas. 6. Clean, dust, and soft buff all counters, tables, and furniture. 7. Spot clean partitions; doors and frames; stairway walls and handrails; and wall switches. 8. Clean customer service windows. 9. Spot clean interior office, cubicle, door, and reception windows as needed. 10. Clean, sanitize, and polish all drinking fountains (interior and exterior of building). 11. Vacuum elevator floor and door tracks (floor level) and spot clean cab wa lls. 12. Clean glass on all glass-topped tables, primarily in conference rooms and offices. 13. Clean both sides of interior and exterior door glass panels. 14. Empty all large recycle bins (usually found in copy rooms). C. Daily - All Restrooms 1. Empty all waste containers (all types) and replace all liners. 2. Refill all consumable products. 3. Clean and disinfect all sinks, toilets, urinals, toilet seats (both sides), shower stalls, and exterior surfaces of all the aforementioned units, as well as the exposed piping. 4. Wet-wipe and sanitize toilet partitions with a cleaning and sanitizing solution. 5. Clean and polish all metal frames and fixtures. 6. Clean and polish mirrors. 7. Clean splash marks on walls adjacent to and above sinks, urinals, & toilets. 8. Spot clean all ceramic tile and walls. 9. Wet mop all floors. D. Daily - Park Restrooms 1. Empty trash containers and remove debris. 2. Sweep and wet mop floors. 3. Wash/scrub floors, as needed. 4. Clean dispensers and wash basins. 5. Refill paper products and soap. 6. Empty sanitary napkin receptacle. 7. Chemically clean toilets and urinals. E. Daily - All Kitchens, Coffee Areas, and Break Rooms 1. Empty all waste containers and replace all liners. 2. Wash all counter tops, tabletops, and sinks. 3. Wipe exterior of large appliances, i.e. refrigerators, microwave ovens, etc. 4. Wet mop and sanitize all hard surface floors and spot clean adjacent carpeting. 5. Clean Specialty flooring per manufacturer’s recommendation. 6. Refill paper towel dispensers. 7. No cleaning of dishes, silverware, or coffee pots will be required. F. Monthly – All Areas 1. Machine scrub and reapply floor finish to all hard service floors (upon request – floor care will be invoiced separately). 2. Clean all windows - inside only. 3. Clean ceiling vents. 4. Dust cobwebs. G. Weekends – Parks 1. Close and securely lock all Parks areas, at 10:00 p.m. H. Additive Schedule 1. Carpet cleaning (semi-annual) or as needed (invoiced separately). 2. Strip tile floors & refinish (semi-annual) or as needed (invoiced separately). I. Quality Standards The following performance standards shall be used to evaluate the quality of services: • Dusting – Free of all dirt, dust streaks, lint, cobwebs, and residue (oily films). • Sweeping – Free of all dirt, dust, grit, lint, and debris, except embedded dirt and grit. • Spot Cleaning –Free of noticeable stains/deposits and substantially free of cleaning marks. For floors: Spots the size of a dime or smaller. • Damp Mopping – Without dirt, dust, marks, film, streaks, debris, standing water, or sticky residue. • Dust Mopping – Free of cobwebs, debris, dust, and lint. • Glass Cleaning – Without streaks, film, deposits, stains, have a uniformly bright appearance, and adjacent surfaces have been wiped clean. • Wax Removal (stripping) – All wax removed down to the flooring material. Floor is free of all dirt, stains, deposits, debris, cleaning solution, standing water, and the floor has a uniform appearance when dry. Plain water rinse and pick-up must immediately follow wax removal operation. • Waxing (performed immediately after wax removal) - Uniform bright appearance and is free of streaks. Only non-skid/slip resistant rated floor finishes shall be utilized. • Scrubbing – Surfaces are without embedded dirt, cleaning solution, film, debris, stains, marks, or standing water and floor has a uniformly clean appearance. A plain water rinse must immediately follow the scrubbing process. • Dusting of Light Fixtures – All components, including bulbs and tubes, are without insects, dirt, lint, film, and streaks. • Wall Cleaning – Uniformly clean appearance, free of dirt, stains, streaks, lint, and cleaning marks. Painted surfaces must not be unduly damaged. Hard finish wainscot or glazed ceramic tile surfaces must be bright, free of film, streaks, and deposits. • Buffing of Floor Surfaces – Glossy, free of surface dirt, and have a uniformly bright appearance. Only non-skid/slip resistant rated floor finishes shall be utilized. • Carpet Cleaning – Free of all deposits, soil stains, and debris. • Polishing – Without deposits, oily film, tarnish, and displays a uniformly bright appearance. • Reconditioning/Refinishing – Surface/finish is bright, clear, glossy, skid resistant, free of scuffmarks, soil and adjacent surfaces are free of incidental residue. • Sanitizing – Surface is free of filth, odor, or infectious matter. • Vacuuming – Carpet, fabric, or other surface, is free of debris, dust, loose threads, lint, and non-film soil. Grout Cleaning – Grout has been cleaned to its original color and is free of all dirt, mold, mildew, and discoloration. EXHIBIT C ITEM FY2016/17 FY2016/17 FY2016/17 FY2016/17 FY2016/17 FY2016/17 NO.Code DESCRIPTION OF ITEMS QTY CURRENT CONTRACT # OF DAY ITEM COST PER MONTH AMENDED # OF DAYS COST INCREASE FOR ADDITONAL WORK FY 16/17 REVISED ITEM COST PER MONTH FY COST INCREASE CONTRACT COST AMENDMENT START DATE 1 Alberhill Community Park, 28200 Lake St 1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 2 Canyon Hills Community Park, 34360 Canyon Hills Rd 1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 3 City Park, 243 S Main St.1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 4 Creekside Park, 3200 Lost Rd 1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 5 Lakepoint Park, 420 E. Lakeshore Dr.1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 6 Machado park 15150 Joy St.1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 7 Rosetta Canyon Community Park, 39423 Ardenwood Way 1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 8 Summerhill Park, 31613 Canyon Estates Dr.1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 9 Summerlake Park, 900 W. Broadway 1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 10 Tuscany HIlls Park, 30 Summerhill Dr.1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 11 Yarborough Park, 419 N. Poe St.1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 12 McVicker Canyon Community Park, 29355 Grand Ave 1 3 $140.00 7 $60.00 $200.00 600.00$ 1-Apr-16 13 Swick & Matich Park, 402 Limited St.1 3 $140.00 7 $60.00 $200.00 600.00$ 1-Apr-16 14 Rosetta Canyon Sports Complex 39423 Ardenwood Way 1 3 $1,080.00 $1,080.00 7,560.00$ 1-Dec-16 15 Seaport Boat Launch, 500 W. Lakeshore Dr.1 3 $95.00 7 $40.00 $135.00 405.00$ 1-Apr-16 $1,420.00 $1,680.00 $3,100.00 $13,620.00 16 City Hall, 130 S. Main Street 1 3 $945.00 3 $945.00 17 City Hall Engineering Trailer, 130 S. Main Street 1 3 $140.00 3 $140.00 18 City Yard Main Office, 521 N. Langstaff St.1 3 $220.00 3 $220.00 19 City Yard Mechanic Shop, 521 N. Langstaff St.1 3 $180.00 3 $180.00 20 City Yard Office Trailer, 521 N. Langstaff St.1 3 $140.00 3 $140.00 21 Cultural Center, 183 N. Main St.1 3 $490.00 3 $490.00 22 Lake Community Center, 310 W. Graham 1 3 $825.00 3 $825.00 23 Tiny Tots, 400 W. Graham St.1 3 $225.00 3 $225.00 24 Chamber of Commerce, 132 W. Graham 1 3 $200.00 3 $200.00 25 Senior Center, 420 E. Lakeshore Dr.1 3 $575.00 5 $300.00 $875.00 6,125.00$ 1-Dec-16 26 Senior Center Annex Building, 420A E. Lakeshore Dr.1 3 $140.00 5 $100.00 $240.00 1,680.00$ 1-Dec-16 $4,080.00 $400.00 $4,480.00 $7,805.00 $5,500.00 $2,080.00 $7,580.00 $21,425.00 $73,194.00 $94,619.00 FACILITIES PROPOSED FY 2017/2018 SCHEDULE / MONTHLY COST JANITORIAL SERVICES CONTRACT COSTS EVERGREEN CLEANING SOLUTIONS - REVISED COST PROPOSAL Contract Increase Totals Current FY 2016/7 Annual Contract Amendment No.2 Revised FY 2016/7 Annual Contract PARKS