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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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COMMENTS:
Itr couTacTED coNTRAcToR To REQUEST ADDITIONAL INSURANCE CERT FOR AUTO & TO
INCLUDE ADDITIONAL ENDORSEMENT FOR CITY
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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