HomeMy WebLinkAboutStaff Report 3.C 07/20/2009CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Discussion and Possible Adoption of Resolution Authorizing
Award of Contract to Universal Building Services for Janitorial Services,
Contingent Upon Completion of Required Background Checks, Submittal of
Required Insurance and Bonds, and Execution of Professional Services
Agreement
July 20, 2009
Meeting Date: July 20, 2009
Meeting Time: 7:00 PM
Category: ❑ Presentation ❑ Appointments ® Consent ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Department: Director:
Public Works Vincent Marengo
Total Cost of Proposal or Proiect: $102,560
Amount Budgeted:
$188,800
Contact Person: Phone Number:
Susan Lackie 778-4478
Name of Fund: General bund
Account Number: 1100.16300.54250
Current Fund Balance: $35,562,007.33
Recommendation: It is recommended that the City Council take the following action:
Adopt resolution authorizing award of contract to Universal Building Services for janitorial services, contingent
upon completion of required background checks, submittal of required insurance and bonds, and execution of
professional services agreement.
1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ❑ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ❑ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement:
On May 26, 2009 the City received five bids to provide janitorial services to City facilities, ranging from $82,560
to $203,161. The contract will be for a one-year period with three, one-year renewal terms available.
Attachments to Agenda Packet Item:
1. Resolution
2. Contract
Revie*ed by Finance Director:
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Rev. # 2, 7116109I Date Last Revised:
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Reviewed by City Attornev: Approved bv_Ci Manager:
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janitorial services 7-20.09.doc
CITY OF PETALUM A, CALIFORNIA
JULY 20, 2009
AGENDA REPORT
FOR
DISCUSSION AND POSSIBLE ADOPTION OF RESOLUTION AUTHORIZING AWARD OF CONTRACT
TO UNIVERSAL BUILDING SERVICES FOR JANITORIAL SERVICES, CONTINGENT UPON
COMPLETION OF REQUIRED BACKGROUND CHECKS, SUBMITTAL OF REQUIRED INsuRANCE
AND BONDS, AND EXECUTION OF PROFESSIONAL SERVICES AGREEMENT
RECOMMENDATION:
Adopt resolution authorizing award of contract to
contingent upon completion of required background
and execution of professional services agreement.
2. BACKGROUND:
Universal Building Services for janitorial services,
checks, submittal of required insurance and bonds,
Until December 2008, Dun -Rite Maintenance was under contract to perform janitorial services for all City
buildings. Currently Dun -Rite is performing this service on a month to month basis. To ensure the City
was receiving the most competitive cost for this work, staff prepared a Request for Proposal (RFP) for this
service. On May 26, 2009, the City received six bids, as follows:
Company
Bid Amount
Universal Building Services
$82,560.00
Clean Innovation
$104,830.50
Care Free Building Services, Inc.
$123,113.52
Varsity Contractors, Inc.
$126,579.24
Township Building Services
$133,169.69
Dun -Rite Maintenance, Inc.
$203,161.00
DISCUSSION:
Staff verified Universal Building Services' references and interviewed the two lowest proposers. The
company also provides janitorial services to the cities of Santa Rosa and Rohnert Park. Both cities' staff
were pleased with the service provided.
The contract also includes a per -square -foot and per -service -charge for services provided upon request of
the City. It is recommended that a 25% contingency ($20,000) be added to the bid amount, bringing the
total cost of service up to $102,560.
As required by the contract, employees of Universal Building Services working at City facilities are
required to be finger printed and to have a background check performed by a City of Petaluma public
safety official. These employees are also required to be United States citizens or have the legal right to
work in the United States. The contractor is currently in the process of completing this requirement.
4. FINANCIAL IMPACTS:
The total cost of the contract with Universal Building Services is $102,560, including the contingency.
The total contract budget is $188,000.00.
ATTACHMENT I
RESOLUTION
AUTHORIZING AWARD OF CONTRACT TO UNIVERSAL BUILDING SERVICES FOR
JANITORIAL SERVICES, CONTINGENT UPON COMPLETION OF REQUIRED BACKGROUND
CHECKS, SUBMITTAL OF REQUIRED INSURANCE AND BONDS, AND EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, City staff has prepared a Request for Proposal for Janitorial Maintenance Services for the
City Petaluma Facilities; and
"WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code and other applicable
law, City staff solicited bids for the Services; and
WHEREAS, the project was bid on May 26, 2009, and six bids were received and opened in accordance
with applicable law; and
WHEREAS, the lowest bid for the Services was from Universal Building Services for $82,560.00; and
WHEREAS, staff recommends that a 25% contingency be made available to be added to the contract to
cover emergency and additional services on an as -requested basis, for a total maximum contract amount of
$102,560; and
WHEREAS, staff has determined that Universal Building Services' bid satisfies the bidding
requirements; and
NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby:
In accordance with the City of Petaluma Charter and Municipal Code and other applicable law, waives
any and all non-conformance in the bid of Universal Building Services for Janitorial Maintenance
Services, finds the bid of $82,560 to be the lowest responsive bid, and further finds that Universal
Building Services is the lowest responsible bidder; and
2. Stipulates, as required by the contract, that employees of Universal Building Services working at City
facilities be finger printed and have a background check performed by a City of Petaluma public safety
official. These employees are also required to be United States citizens or have a legal right to work in
the United States; and
3. Awards the contract for Janitorial Maintenance Services, in the maximum amount of $102,560, the
amount of the lowest responsive bid of $82,560 plus $20,000 contingency for emergency and additional
services approved in writing, conditioned on Universal Building Services timely executing the
professional services agreement and submitting all required documents, including, but not limited to,
executed bonds, certificates of insurance, and endorsements, in accordance with the bid docu>nents; and
4. Directs staff to issue a notice of award to Universal Building Services; and
5. Authorizes and directs the City Manager to execute the contract on behalf of the City of Petaluma,
contingent upon Universal Building Services timely satisfying the above requirements.
6. Approves a 25% contingency for emergency and additional services to be added to the contract price for
a total maximum compensation of $102,560.00 subject to written staff authorization in accordance with
the contract.
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PROFESSIONAL SERVICES AGREEMIENT
Universal Building Service for Janitorial Service for City of Petaluma Facilities
(Title of Project)
FY 09-0I Fund # 1100 Exp. Acct. # 54250 Project # cost center 16300 Amount $$102.500
For multi-year contracts or contracts with multiple accounts:
FY Fund #
Exp. Acct. #
Project #
Amount $
FY Fund #
Exp. Acct. #
Project #
Amount $
FY Fund #
Exp. Accl. #
Project #
Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 ("Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and Universal Building Services, a Janitorial
("Contractor") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Contractor providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
I. Services. Contractor shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
("Services").
2. Cornnensation; Business Tag Certificate.
For the full performance of the Services as described herein, City shall compensate
Contractor under the following terms:
A. Payment will be made on a calendar -month basis in arrears. The Contractor shall
submit his invoice to the City of Petaluma, Accounts Payable Department, Post
Office Box 61, Petaluma, California, 94953. In the event this contract becomes
effective or terminates during the course of a month, the amount paid to the
Contractor for the partial month shall be determined by prorating the amount due
on the basis of the number of calendar days involved and the work. actually
performed. Contractor shall submit detailed monthly invoices reflecting all
Services performed during the preceding month, and including a revised schedule
for performance and additional documentation requested by City, as applicable.
B. Contractor shall be compensated for services in addition to those described in
Exhibit A, only if Contractor and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed $102,560 without prior written authorization of the
City Manager. Any emergency or additional Services authorized in addition to
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
the Services specified in Exhibit A and the base bid amount of $87,560 must be
approved in writing in accordance with Section 22 of this Agreement. Further, no
compensation for a section or work program component attached with a specific
budget shall be exceeded without prior written authorization of the City Manager.
C. Notwithstanding any provision herein, Contractor shall not be paid any
compensation until such time as Contractor has on file with the City Finance
Department current information requested on the "Vendor Information" fornr
available from City, and has obtained a currently valid Petaluma business tax
certificate.
D. City's obligation to pay compensation to Contractor as provided herein is
contingent upon Contractor's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto. The City may, at
any time, by giving fifteen (15) days written notice, delete or add to the Services.
If such changes cause an increase or decrease in the amount due under the
contract, an equitable adjustment shall be made and the contract amended in
writing accordingly.
E. Charge For Services Not Performed: If the Services are not performed in
accordance with the Agreement, including performance of Services pursuant to
the specific frequency tables in Exhibit A, in addition to any other available
remedy, the City may self perform or obtain substitute performance and deduct
the cost from amounts due or that may become due to the Contractor.
F. Emergency Services: From time to time, on an as -needed basis, the City shall
contact the Contractor to perform emergency services. The City will provide as
much advance notice as possible. After the work is explained to the Contractor
by the Director of Public Works or his representative, the Contractor shall
dispatch (within 2 hours) the appropriate number of authorized personnel and
equipment required to complete this emergency work in a timely and efficient
manner. Contractor shall be compensated for such work at the Emergency Work
rate as set forth in the Bid Documents.
3. Modifieations. This agreement shall not be modified, except in writing, by amendment,
executed by all parties. Oral change orders are not permitted. No change in this
Agreement shall be made unless the City of Petaluma gives its prior written approval
therefore. The Contractor shall be liable for all costs resulting from, and/or for
satisfactorily correcting, any specification changes not properly ordered by written
modification to the Agreement and signed by the City of Petaluma.
4. Term. The term of this Agreement commences on the Effective Date, and terminates on
June 30, 2010, unless sooner terminated in accordance with Section 5. This Agreement
may be renewed for uta to three (3) subsequent one year renewal periods subiect to the
aptaroval of the City. This Agreement may be renewed by giving 30 days notice to the
City prior to the expiration date requesting renewal for an additional one (1) year term. It
shall be within the sole discretion of the City as to whether the additional term shall be
renewed. Upon termination, any and all of City's documents or materials provided to
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
Contractor and any and all of the documents or materials prepared for City or relating to
the performance of the Services, shall be delivered to the City as soon as possible, but not
later than fourteen (ld) days after termination of the Agreement.
5. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Contractor or Contractor's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Contractor shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Contractor shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Contractor shall be liable to City for any excess cost City
incurs for completion of the Services.
6. Contractor's Representations And Requirements.
A. Independent Contractor: Contractor represents that Contractor possesses distinct
professional skills in performing the Services. City has relied upon said
representation as a material inducement to enter into this Agreement. Contractor
shall, therefore, provide properly skilled professional and technical personnel to
perform all Services under this Agreement. It is expressly understood that
Contractor and its agents and employees shall act in an independent capacity and
as an independent contractor and not as officers, employees or agents of City.
This Agreement shall not be construed as an agreement for employment.
B. Qualifications: All work will be accomplished by qualified personnel. In the
event uncorrected non -conforming workmanship continues for the same cause
after three (3) written notices to the Contractor from the Director of Public Works
or his designee, such continued failure to correct shall constitute grounds for
termination of the Agreement.
C. Background Checks: All Contractor personnel who will be working in City of
Petaluma facilities during the effective dates of this Agreement and any
subsequent renewal periods are required to be fingerprinted and have a
background check performed by a City of Petaluma public safety official. All
persons in the employ of the Contractor and working in a City facility must be a
United States citizen or be an individual who has a legal right to work in the
United States. The Contractor must verify citizenship or legal right to work in the
United States and retain an I-9 form for each person in the employ of the
Contractor and working in a City facility. On the 1-9 form, the Contractor must
verify the employment eligibility and identity documents presented by the
employee and record the document information on the Dorm I-9. This security
check must be completed and a security clearance issued prior to said personnel
receiving a City -issued contract employee badge and beginning any work within a
City facility. Contractor personnel who do not: have clearance will not be allowed
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
in any City facility. Repeated failure to perform the Services, as outlined, shall
constitute grounds for termination of this contract.
The Contractor will cover the current cost, as determined by the Petaluma Police
Department for each finp-emrint and back>?round check.
No person in the employ of the Contractor, who will be designated for
employment to work in any City facilities, shall have been convicted of any
felony or a crime relating to theft, violence, or a violation of the California
Health and Safety Codes. Any violation of this provision shall constitute grounds
for termination of this contract.
All persons in the employ of the Contractor, who will be designated for
employment to work in any City facilities, shall wear Contractor supplied
uniforins which identify them as Contractor's employees, and shall wear a City
issued contract employee ID badge at all times while working in a City facility.
Any persons in the employ of the Contractor, who no longer works at a City
facility, shall return to the Director of Public Works or his representative the City
issued ID badge. This person(s) shall then be removed from the Department of
Justice Subsequent Arrest Program.
D. Contractor Contact Information: Contractor will provide an English speaking
supervisor on an on-call and emergency basis. Said supervisor must be available
twenty-four (24) hours per day, seven (7) days a week. Contractor will provide a
phone number where Contractor or Contractor's English-speaking representative
can be reached on weekends and evenings. Contractor agrees to return any City -
initiated phone call within one (1) hour of receipt. Failure to return 3 phone calls
within the allotted time period within a ninety (90) day period shall be grounds for
termination of the Agreement.
E. Contractor agrees to perform a review of all Services outlined in the Agreement
on a monthly basis with the Director of Public Works or his designated
representative. The Contractor agrees to accompany the City's representative on
non-scheduled inspection tours of the specific areas when requested by the City
representative.
7. Damage To Existing Property_. The Contractor will be held responsible for any damage
to existing real property, work, materials or equipment, as a result of performance of the
Services, and shall repair or replace any damaged real property, work, materials or
equipment to the satisfaction of, and at no additional cost to, the City. If the City finds
that repairs or changes are required In connection with this Agreement, which, in the
opinion of the City are rendered necessary as the result of the use of materials, equipment
or workmanship which are inferior, defective or not in accordance with the terms of the
Agreement, the Contractor shall, within five (5) days upon receipt of notice from the
City, place in satisfactory condition, in every particular way, all of such work, correct all
defects therein, and make good on all damages. If the Contractor fails to correct any such
damage at the Contractor's expense, the City may effect such repair as necessary, and
deduct the cost from amounts due or that may become due the Contractor.
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
S. Supervision. The Contractor shall arrange for satisfactory supervision in the
performance of all Services. The Contractor or Contractor's English-speaking
supervisors shall be available at all times when the Services are in progress, and to
receive instructions from the City representative.
9. Safe . The Contractor shall observe all pertinent safety practices and comply with any
applicable safety regulations with respect to the performance of the Services.
10. Facilities and Equipment. Contractor shall, at his sole cost and expense, furnish all
facilities and equipment that may be required for performing Services pursuant to this
Agreement. The City of Petalwna shall furnish to Contractor no facilities or equipment,
unless the City otherwise agrees in writing to provide the same.
A. The Contractor shall furnish, at the Contractor's expense, all supplies and
equipment necessary to properly perform the Services. These supplies and
equipment include, but are not limited to, waxes, floor finishers, cleansers, floor
strippers, sealers, detergents, cleaning powder, disinfectants, metal and fiirniture
polishes, glass cleaner, brooms, mops, mop presses, sweeping tools and cloths,
buckets, brushes, sponges, squeegees, wet and dry vacuum cleaners, janitor carts,
ladders, floor machines, carpet extractors, adequate floor machine scrub and
polish brushes and pads.
B. Contractor is not responsible for furnishing the following consumable paper
products and supplies: toilet tissue, paper towels, seat protectors, wastebasket and
trash receptacle liners, hand soap for restroom dispensers, and sanitary napkin
liners.
C. The City of Petaluma shall not be responsible for damage to or loss of
Contractor's equipment, supplies, or property left on the premises.
11. Warranties. The Contractor warrants that the equipment and materials incorporated into
the performance of the Services shall be unconditionally guaranteed to be free from any
defects in design, material, and/or workmanship under normal use.
12. Licenses, Permits, Etc. Contractor shall, at Contractor's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
13. Time. Contractor shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Contractor's obligations pursuant to
this Agreement.
14. Inspection. Contractor shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
inspection and approval by the City. The inspection of such work shall not relieve
Contractor of any of its obligations pursuant to this Agreement.
15. Progress Reports. Upon the City's request, Contractor shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Contractor's
performance of the Services.
16. Confidentiality. In the course of Contractor's employment, Contractor may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Contractor shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
17. Conflict of Interest. Contractor represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Contractor further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Contractor represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Contractor will immediately advise City and City may, at its
sole discretion, immediately terminate this Agreement.
18. Contractor No Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
19. Standard of Performance. Contractor shall perform all the Services in a manner
consistent with the standards of Contractor's profession. All instruments of service of
whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be
prepared in a substantial, first class and workmanlike manner and confonn to the
standards of Contractor's profession. All such instruments of service shall become the
sole and exclusive property of City upon delivery of the same.
20_ Assienment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
21. Subcontractors. Contractor shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
b 10 JANfCQRIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
22. Emergency Work. From time to time, on an as needed basis, the City shall contact the
Contractor and provide written authorization to perform work not specified in Exhibit A.
Contractor agrees to dispatch the appropriate number of personnel and equipment to
complete the extra work. Extra work performed by the Contractor will be paid at the rate
of $19.63 per hour.
23. Compliance With All Laws. Contractor shall fully comply with all applicable local,
state and federal rules, Iaws, regulations and ordinances pertaining to the performance of
the Services required hereunder. This Agreement is subject to the requirements of
Petaluma Municipal Code, Chapter 8.36, Living Wage. To the extent that any other
govermnent agency or entity provides compensation for any Services, Contractor shall
comply with all rules and regulations applicable to such fiscal assistance.
24. Recycled Content, Reevclability.
A. Recycled Content Preference: It is the City policy, whenever practicable, to
purchase functional products which contain, in order of preference:
1. The highest percentage of post -consumer recovered material available in
the marketplace; and
2. The highest percentage of secondary waste recovered material available in
the marketplace.
B. Recyclability and Waste Reduction: In addition to the recovered material content
of a product, important criteria in selecting products shall also be:
1. The ability of the product and its packaging to be reused, reconditioned for
use, or recycled through existing recycling collection programs; and
2. The volume and toxicity of waste and by-product a given product and its
packaging generate in their manufacture, use, recycling, and disposal.
Products and packaging designed to minimize waste and toxic by-products
in their manufacture, use, recycling, and disposal shall be preferred.
C. Equipment Compatability: Equipment purchased or leased by the City shall be
compatible, whenever practicable, with the use of recycled -content products.
D. Definitions: For the purpose of this general provision, a "recycled product"
means all materials, goods, and supplies, no less than 50% of the total weight of
which consists of secondary and post -consumer waste with not less than 10% of
its total weight consisting of post -consumer waste. "Post -consumer waste" means
a finished material which would normally be disposed of as solid waste, having
completed its life cycle as a consumer item, and does not include manufacturing
waste. "Secondary waste" means fragments of products or finished products of a
manufacturing process which has converted a virgin resource into a commodity of
real economic value, and includes post -consumer waste, but does not include
excess virgin resources of the manufacturing process.
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
25. Discrimination. During the performance of this Agreement, Contractor shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
26. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a non -business day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Telephone: (707) 778-4360
Facsimile: (707) 778-4554
And:
Director of Public Works
City of Petaluma
Post Office Box 61
Petaluma, CA 94953
Telephone: (707) 778-4467
Facsimile: (707) 776-3602
Contractor: Dario DeVincenzi. Operations Manaaer
Universal Buildinp- Services
1318 Ross Street, Unit C
Petaluma. CA 94954
Telephone: (707) 781-6964
Facsimile: (510) 526-7289
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
27. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Contractor without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
28. Indemnification. Contractor agrees to indemnify, defend with counsel acceptable to
City, and hold harmless City and its officers, officials, employees, agents and volunteers
from and against any and all liability, loss, damage, claims, expenses, and costs
(including, without limitation, attorney's fees and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Contractor's
performance of the Services or its failure to comply with any of its obligations contained
in this Agreement. Notwithstanding the foregoing, to the extent that this Agreement is a
"construction contract" as defined in California Civil Code section 2783, as amended
from time to time, such duty to indemnify shall not apply when to do so would be
prohibited by California Civil Code section 2782. In the event that Contractor or any
employee, agent, or subcontractor of Consultant providing services under this Agreement
is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the
City, Contractor shall indemnify, defend, and hold harmless the 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 the
City.
29. Insurance. Contractor shall comply with the "Insurance Requirements for Contractors"
in Exhibit B-2, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-1 " or "B-2 "]
30. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
31. Litigation. If litigation ensues which pertains to the subject matter of Contractor's
Services hereunder, Contractor, upon request from City, agrees to testify therein at a
reasonable and customary fee.
32. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
33. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT
April 2009
34. Non -Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect_
35. Severability-. if any terns 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.
36. No 'Third Partv Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
37. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
38, Contractor's Books and Records.
A. Contractor shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the 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 pursuant 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 Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma 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.
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 Petaluma 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.
39. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
lQ JANITORIAL PROFESSIONAL SERVICES AGREEMENT I LI
April 2009
40. Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall
survive the termination of this Agreement.
41. Entire AL-reement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name:
1701137.1
7116109 (fmk)
CONTRACTOR
By
Name
Title
Address
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
JANITORIAL PROFESSIONAL SERVICES AGREEMENT �
April 2009
EXHIBIT A
DID PROPOSALff:ONTRACT
FOR
JAMORIAL MADUENAND SE, RVICE,
The following prices should be in accordance with terms, conditions and work specifications
contained herein:
BID PROPOSAUCONTRACT FOR JANITORIAL, BUMYNANCE SERVICES
Location Total Monthly Cast Tota[ Yearly Cos(
Janitorial services for all, City b6ldings
listed in the Bid ProposallContract table
on pages 4 through 6 (total net charge) 6, 8 8 0. 0 0 $ 82,560-00
SMYLCES TO BE, PR[i` MED UPON REi QUEST
Window washing (price per square foot) $ 0. 12 /sq. R
Carpet cleaning (price per square foot) $ 0. 0 9 /sq. fl
Any additional cleaning (Hourly rate per employee) $ 19 ---6 3 /hr.
Floor stripping, sealing, finish coat (price per square foot) $ 0. 0 9 /sq. ft. .
Spot cleaning of carpet (puce per square foot) $ 0.0 6 /sq. k
Teen Center (janitorial) $ 61 .00 /service
Community Center Assembly Room (janitorial) $ 7 9.0 0 /service
Community Center Mtcben deep cleaning including
equipment S 4 0. 0 0 /service
Emergency work $ 19 • 6 3 /service hour per EE
mom ON= am= awma CEMM
BID PROPOSALICONTRACT for Janitorial Maintenance Services
Janitorial Proposal/Frequency, Manpower and Time
The following prices must be In accordant® with terms, conditions and work specifications contained herein.
HOURLY DAILY
NUMBER OF DATE PER HOURS OF
PACILIi1f FREQUENCY PERSONNEL PERSON SERVICE PRICEIN ONTH PRICEIYEAR
1 City Hall Offices
19.63
Janitorial
2 X Week
Deep cleaning entire building, tDP
$24,588
down cleaning to include ceilings,
19.63
HVAC grill, light davers; viraEls, etc.
1 X Year
j County offices
$ •1,032
Janitodai
3 X Week
Deep cleaning entire building, top
$
down cleaning to Include ceilings,
$ 948
HVAC trill, light covers, walls, etc,
1X Year
Fire inspection Offices
$
j Janitorial
2 X Week
Deep cleaning entire building, tap
down cleaning to Include ceilings,
HVAC clrlll, light coven, walls, etc,
1 X Year
Petaluma Community Center
19.63
Janitorial (start time after 12:00
$
a.rn,)
6 X Waek
PCC Preschool carpet cleaning
1 X Week
Assembly Room carpet cleaning
2 X Month
Kitchen deep cleaning,. Including
equipment
1 X Month
Deep cleaning entire building, top
down cleaning to include calling,
HVAC grill, light covers, walls, etc,
1 X Year
N
1 8 19.63 3.50 $ 601 7,212
Liss/year
2 $ 19.63 12.00 $ 20 $ 240
1 $ 19.63 1.50 $ 389 $ 4.668
hrs/year
2 $ 19.63 8.00 $ 13 $ 156
1 5 19.63 0.50 $ 91 $ 1,092
hrs/year
1 19.63 4.00 $ 7 84
2 $
19.63
4.00
2,049
$24,588
1 $
19.63
1.00
$
86
$ •1,032
1 $
19.63
2.00
$
79
$ 948
1
19.63
1.00
$
20
$ 240
hrs/year
2 $
19.63
32.00
$
52
$ 624
Pade 4 of 19
BID PROPOSAUCO ITRACT for Janitorial Maintenance Services
Janitorial Proposal/Frequency,
Manpower and Time
The foliovuing prices must be
in accordance With terms, conditions
and work specifications
contained herein.
27 Howard Street
Janitorial
1 X Week
1
$
19-63
1.00
$
91
$
1,092
Deep cleaning entire building, tap
hr s /year
down cleaning to include ceilings,
HVAC grill, light covers, walls, etc.
1 X Year
1
$
19. 6 3
4. 0 0
$
7
84
Transit Building
Janitorial
1 X Week
_-1
$
19.63
1.00
$
91
$
1.092
Deep cleaning entire building, tap
dawn cleaning to Include ceilings,
h r s /year
HVAC grill, light covers, walls, etc.
'I X Year
1
$
19-63
4.00
$
7
$
84
Senior Center
Janitorial
2 X Week
1
$
19-63
1.50
$
261
$
3, 132
Deep cleaning entire building, top
h r s /yea r
down cleaning to Include ceilings,
HVAC grill, light covers, walls, etc.
1 X Year
2
$
19.63
8.00
$
13
$
156
Cavanaugh Ree, Center
Janitorial (Sept. 1 through May 15)
1 X Week
1
$
19.63
2.00
$
176
$
2.112
Janitorial (May 18 through Aug. 31)
2 X Week:
1
$
19.63
1. 5 0
$
256
$
3,072
Deep cleaning entire building, tap
h r s /yea r
down cleaning to inalude tailings,
HVAC grill, light covers, walls, etc,
1 X Year
2
$
19.6 3
B . 0 0
$
13
$
15 6
Pataluma Pulite Dept*
Janitorial
7 X Weelc
2
$
1 9. 6 3
1.25
S
771
$
9.252
Deep cleaning entire building, tap
down cleaning to Include ceilings,
hrs /year
HVAC grill, 11ght covers,. walls, etc.
1X Year
_ - 2
$
19. 63
8.00
$
13
$_
156
Floor wax, polish, glass cleaned,
cells cleaned
4 X Year
2
$
19. 6 3
6.00
$
40
$
480
Floor cleaning
3 X Weal(
1
$
19 .63
0.50
$
128
$
1,536
Page 5 of 19
,BID PROPOS,€AUCONTRACT for Janitorial Maintenance Services
Janitorial ProposallFrequency,
Manpower
and Time
The following prices must be in accordance with terms, conditions
and
work specifications contained
herein.
I Police Dept. Street Crimes Office
j
Janbrial
1 X Week
1
1$
19-63-
I 1.00
91
$
1.092
Deep cleaning entire building, top
down cleaningto include ceilings,
hrs /year
HVAC grill,_Ilght covers, wails, etc,
! X Year
1
19.6 3
4. 0 0
7
$
84
Putnam Pfau Bathrooms
j
Jamitorlal (a.m.)
7 X Week
2 $
19-. 63
1.00
$
618
$
7,416
ripen and Close Faclllty
a_m.lp.rn.
N / A $
NIA
N / A
$
N / A
$
N / A
� Feller Street Garage
j
j Pressure wash/trash
i removellpainting
1 X Week
1
$
19-63
8100 I$
687
$
8,244
{ Corporation Yard Office
�
Janitorial
2 X Month
1 $
19-63
1.00
$
45
$
540
Deep cleaning entire building, top
hrs /year
.
down cleaning to include ceilings,
HVAC grill, light covers, walls, etc.
1 X Year
1 $
19 . 663
2.00
$
3
$
36
Corp Yard Break
Room/Bathrooms
Janitorial
'I X Weelc
1 $
19-63
0.50
$
43
$
516
Deer cleaning entire building, top
hrs /yea r
down cleaning to include ceilings,
HVAC 011, light covers, walls, etc.
1 X Year
1 $
19-63. -
2.00
$
3
$
3 6
Park Maintenance Office
k Janitorial
1 XMonth
1 $
19.63
0.50
$
15
$
180
Deep cleaning entire building, top
hrs /year
down cleaning to include ceilings,
HVAC grill. Ilght covers, walls, eta,
1 X Year
1 $
19 .63
2.00
$
3
$
36
E Depot Bathrooms
II 11
Janitorial
2XWeek
1
$
19.63
1 0.50 1
$
91
$
1 _ 09?,
Page 6 OF19
BIDPROPO 'AIUCONTRACT
FOR
JANffO , N.ANCE' SMICE
CONTRACT PERIOD: Proposal to cover a one-year period beginning July 1, 2009 and ending
June 30, 2010, with tluee (3) one-year renewal terms available.
Proposal Announcement Date: Monday, May 4, 2009
Proposal Due Date: Tuesday, May 26, na later than 2--00 pm -
Name and Address of Bidder: Sign e of Autho 'zed to Sign:
Universal Building Services
3120 ?fierce Street cense no required
Richmond, CA 94804 Contmetor`sLicense No. by State of California
Phone Number. Please Type Signer's Name and Title
510-527-1078 Dario DeVincenzi -
Date of Bid Proposal: 22 May 2009 Operations Manager
GENERAL PROVISIONS
BID PROPOSALS: Contractors are required to submit a bid proposal on all items. Bid Proposal,
submittals that do not have all items will not be considered.
This Request for Proposals shall result in a firm, fixed price contract.
In case of default by the Contractor, the City of Petaluma may procure the articles or services
from others sources and may deduct any monies due to the Contractor, or that may thereafter
become due, the difference between the price named in the contract or purchase order and actual
cost thereof to the City of Petaluma. Prices paid by the City shall be considered the prevailing
market price at the time such purchase is made. Periods of performance may be extended if the
facts as to the cause of delay justify such extension in the opinion of the Director of Public
Works.
All prices and bid proposals must be in ink or typewritten. No pencil figures or erasures are
permitted. Mistakes may be crossed out and corrections inserted adjacent thereto and must be
initialed in ink by person signing the bid proposal.
All proposals must be signed with the firm's name by a responsible officer or employee.
Obligations assurned by such signature must be fulfilled_
SUBMISSIONS OF BID PROPOSALS: Each bid proposal must be submitted on the prescribed
forms (pages 3, 4, S, 6, 7, 15, 16, ?Q, and Bid Bond of this Proposal) in a sealed envelope with
the bid proposal name, closing date and time on the outside.
Information must be furnished complete and in compliance with the terms, conditions, provisions
and specifications of the Request for Proposals. The information requested and the manner of
submission is essential to permit prompt evaluation of all bid proposals on a fair and uniform
basis. Accordingly, the City reserves the right to declare as non-responsive, and reject any bid
proposal in which material information requested is not furnished or where indirect or
incomplete answers or information are provided.
Bid Proposals and modifications or corrections thereof received after the closing time specified
will not be considered.
Bid Proposals shall be for the total net price including all applicable taxes and charges.
No telegraphic, telephone or facsimile of bid proposals will be accepted. If a photocopy is to be
submitted, it must be signed in original, in ink.
If you do not bid, return this Request for Proposal and state reason; otherwise your name may be
removed from our mailing list.
BID PROPOSAL POSTPONEMENT AND AMENDMENT: The City of Petaluma reserves the
right to revise or amend the specifications up to the time set for opening of bid proposals. Such
revisions and amendments, if any, shall be announced by amendments to this solicitation.
Copies of such amendments shall be furnished to all prospective Contractors. Prospective
Contractors are defined as those Contractors listed in the City's Request for Proposals list for this
material/service, or who have obtained their documents subsequent to the advertisement. If
revisions and amendments require changes in quantities or prices proposed, or both, the date set
for opening of bid proposals may be postponed by such number of days as, in the opinion of the
City, shall enable Contractors to revise their bid proposals.
SINGLE BID PROPOSAL RESPONSE: If only one bid proposal is received in response to the
Request for Proposals, a detailed cost bid proposal may be requested of the single Contractor. A
cost/price analysis and evaluation and/or audit may be perfonned of the cost proposal in order to
determine if the price is fair and reasonable.
BID PROPOSAL WITHDRAWAL: After the bid proposals are opened, bids may not be
withdrawn for ninety (90) calendar days subject to loss of the required bid bond submitted by the
withdrawing bidder. Bid bonds will be returned at the conclusion of the ninety day period. Prior
to the date/time set for the bid opening, however, bid proposals may be modified or withdrawn
by the Contractor's authorized representative in person, by written notice, or by facsimile notice.
If bid proposals are modified or withdrawn in person before bid opening, the authorized
representative shall make his identity known and shall sign a receipt for the bid proposal.
Written or facsimile notices shall be received in the office designated on Page No. 1 of this
Request for Proposals no later than the exact date/time for the bid opening. A facsimile
modification or withdrawal received in the designated office no later than the date/time set for
the bid opening shall be considered if such message is confirmed in writing by fax.
ESTIMATED QUANTITIES: The quantities shown in the Request for Proposals are an estimate
only. The City reserves the right to adjust quantities as deemed necessary to meet its
requirements.
BIDDER INVESTIGATION: Before submitting a bid proposal, each Contractor shall make all
investigations and examinations necessary to ascertain all site conditions and requirements
affecting the full performance of the contract and to verify any representations made by the City
upon which the bidder will rely. If the Contractor receives an award as a result of its bid
proposal submission, failure to have made such investigations and examinations will in no way
relieve the Contractor from its obligation to comply in every detail with all provisions and
requirements of the contract, nor will a plea of ignorance of such conditions and requirements be
accepted as a basis for any claim whatsoever by the Contractor for additional compensation.
PRE-BID CONFERENCE: There will be a one-time only Mandatory Site InspectioulPre-Bid
Meeting for all locations on Wednesday, May 13, 2009, starting at 110:00 a.m. Prospective
bidders are requested to meet at 22 Bassett, Petaluma, CA. The mandatory site inspection/pre-
bid meeting will allow the prospective bidder to familiarize him/herself with all conditions that
may affect the performance and cost of the contract. Bids from bidders not on the list of
attendees at the mandatory bid conference will be returned.
Failure to familiarize oneself with all conditions shall not constitute a basis for subsequent
contract adjustment_
COMPETENCY OF CONTRACTORS: No bid proposal will be accepted from or contract
awarded to a Contractor who is not licensed in accordance with the law, who does not hold a
license qualifying him/her to perform work under this contract, to whom a bid form has not been
provided and who has not successfully performed on projects of similar character and scope.
The Contractor may be required, before the award of any contract, to show, to the complete
satisfaction of the City, that it has the necessary facilities, ability, experience, and financial
resources to provide the services specified herein in a satisfactory manner. Generally, Contractor
history and references are required at a minimum. The City may make reasonable investigations
deemed necessary and proper to determine the ability of a Contractor to perform the work, and
Contractor shall furnish the City all information requested for this purpose.
QUALIFICATIONS AND REQUIREMENTS OF CONTRACTOR: All work will be
accomplished by qualified personnel. In the event uncorrected non -conforming workmanship
continues for the same cause after three (3) written notices to the Contractor from the Director of
Public Works or his designee, such continued failure to correct shall constitute grounds for
termination of the contract.
All Contractor personnel who will be working in City of Petaluma facilities during this contract
are required to be fingerprinted and have a background check performed by a City of Petaluma
public safety official. All persons in the employ of the Contractor and working in a City facility
must be a United States citizen or be an individual who has a legal right to work in the United
States. The Contractor must verify citizenship or legal right to work in the United States and
retain an I-9 form for each person in the employ of the Contractor and working in a City facility.
On the I-9 form, the Contractor must verify the employment eligibility and identity documents
presented by the employee and record the document information on the Form 1-9. This security
check must be completed and a security clearance badge issued prior to said personnel beginning
any work. Contractor personnel who do not have clearance will not be allowed in any City
facility. Repeated failure to perform the _janitorial maintenance, as outlined, can be grounds for
termination of this contract.
The Contractor will cover the current cost. as determined by the Petaluma Police Denartment for
each finaermrint and background check.
No person in the employ of the Contractor who will be considered for employment to worit in
any City facilities, shall have been convicted of any felony or a crime relating to theft, violence,
or a violation of the California Health and Safety Codes. Any violation of this provision shall
constitute grounds for termination of this contract.
All persons in the employ of the Contractor who will be considered for employment to work in
any City facilities, shall wear Contractor supplied uniforms which identify them as Contractor's
employees, and shall wear a City issue contract employee security clearance ID badge at all
times while working in a City facility.
Any persons in the employ of the Contractor who no longer work at a City facility, shall return to
the Director of Public Works or his representative the City issued ID badge. This person(s) shall
be removed from the Department of Justice Subsequent Arrest Program.
AWARD: The City of Petaluma reserves the right to accept bid proposals as a whole; to reject
any and all bid proposals; to waive any informality in the bids; and to accept the bid proposal
that appears to be in the best interest of the City.
In determining and evaluating the best bid, the prices will not necessarily be controlling, but
quality, efficiency, utility, general terms, delivery, suitability of the service offered, and the
o7
reputation of the service in general use will also be considered with any other relevant factors.
Contractors shall be required to provide the information requested under Work Performance
History Capability in the Special Provisions & Specifications, References. This information will
be a critical part of the bid proposal evaluation and award. Failure to provide this information
may be sufficient reason to declare the bid proposal non-responsive. The Director of Public
Works shall be the sole judge in the determination of these matters.
Notice of contract award, if contract be awarded, will be made within ninety (90) days of
opening bids to the successful bidder, whose bid proposal complies with all the requirements in
the Request for Proposals.
Contractor shall submit to the City, for approval, within ten (10) days from notice of contract
award, all certificates of insurance evidencing the required coverage as described under
Insurance in the schedule of the Request for Proposals.
The Contractor shall not commence work under the terms and conditions of the contract until all
certificates of insurance have been approved by the City and he/she has received notice to
proceed in writing and an executed copy of the contract from the City of Petaluma.
CONTRACT PERIOD: Proposal covers a one (I) year period, beginning July 1, 2009 and
ending on June 30, 2010, with the possibility of three (3) one-year extensions.
CHARGE FOR WORD NOT PERFORMED_ If the work is not performed in accordance with
the contract including the specific frequency tables in Bid Proposal/Contract, in addition to any
other available remedy, the City may self perform or obtain substitute performance and deduct
the cost from amounts due or that may become due to the Contractor.
PROFESSIONAL SERVICES AGREEMENT: The successful firm will be required to execute a
City of Petaluma Professional Services Agreement with living wage requirements (see
Attachment 1). The proposer should know that no exceptions to this agreement will be accepted
and that any firm submitting a proposal must be prepared to execute this agreement without
modification. If a proposer believes that a modification of the agreement will benefit the City,
the proposer can describe such modification in their proposal, including a description of the
perceived benefits. There is no obligation on the part of the City to accept such a modification.
This proposal shall be End-iibit A (scope of work) referenced in the agreement.
This agreement is subject to the requirements of City's Living Wage Ordinance (codified in
Petaluma Municipal Code as Chapter 8.36). The services, as described in this proposal, will be
performed in accordance with all requirements of City of Petaluma Ordinance, including, but not
limited to, all applicable requirements contained in Exhibit C.
NOTE: THE CITY ADVISES ALL PROSPECTIVE CONTRACTORS TO CAREFULLY
READ THE CONTRACT INSURANCE REQUIREMENTS LISTED IN EXHIBIT B-2. IT IS
ALSO ADVISED THAT, PRIOR TO SUBMITTING A BID PROPOSAL, CONTRACTORS
SHOULD HAVE THEIR INSURING AGENCY REVIEW THE CITY'S INSURANCE
REQUIREMENTS TO DETERMINE IF THEIR CARRIER(S) WILL COMPLY WITH THE
ADDITIONAL INSURED BY ENDORSEMENT AND CANCELLATION LANGUAGE
THAT IS REQUIRED. ALL CERTIFICATES OF INSURANCE AND ENDORSEMENTS
MUST BE SUBMITTED TO THE CITY FOR APPROVAL AND AS A CONDITION OF
E,
AWARD. FAILURE TO COMPLY WITH THE INSURANCE REQUIREMENTS STATED
HEREIN, MAY PREVENT A CONTRACT FROM FORMING AND BE A BASIS FOR
TERMINATION FOR CAUSE -
NON -COLLUSION AFFIDAVIT: The Contractor declares, by signing and submitting a bid
proposal, that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization. or corporation; that the bid proposal is genuine
and not collusive or sham; that the Contractor bas not directly or indirectly induced or solicited
any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the Contractor has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the Contractor or any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other Contractor, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained
in the bid are true; and, further, that the Contractor has not, directly or indirectly, submitted his
or her bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association., organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
NOTE: It is the intent of the provision described below to inform prospective Contractors that
the City will expect the successful Contractor to use, whenever possible, recycled and/or
recyclable products during the performance of the contract.
RECYCLED CONTENT. RE'CYCLABILITY.
A. Recycled Content Preference: It is the City policy, whenever practicable, to
purchase functional products which contain, in order of preference:
1. the highest percentage of post -consumer recovered material available in the
marketplace; and
2. the highest percentage of secondary waste recovered material available in the
marketplace.
B. Recyclability and Waste Reduction: In addition to the recovered material content
of a product, important criteria in selecting products shall also be-
1.
e:
l. the ability of the product and its packaging to be reused, reconditioned for use,
or recycled through existing recycling collection programs; and
2. the volume and tonicity of waste and by-product a given product and its
packaging generate in their manufacture, use, recycling, and disposal. Products and
packaging designed to minimize waste and toxic by-products in their manufacture, use,
recycling, and disposal shall be preferred.
C_ Equipment Compatibility: Equipment purchased or leased by the City shall be
compatible, whenever practicable, with the use of recycled -content products.
RS
D. Definitions: For the purpose of this general provision, a "recycled product"
moans all materials, goods, and supplies, no less than 50% of the total weight of which consists
of secondary and post -consumer waste with not less than 10% of its total weight consisting of
post -consumer waste. "Post -consumer waste" means a finished material which would normally
be disposed of as solid waste, having completed its life cycle as a consumer iters, and does not
include manufacturing waste. "Secondary waste" means fragments of products or finished
products of a manufacturing process which has converted a virgin resource into a commodity of
real economic value, and includes post -consumer waste, but does not include excess virgin
resources of the manufacturing process -
PROPOSAL CONTENTS: This proposal consists of Request for Proposals, Provisions,
Specifications, Attachments and Other terms and conditions as are attached or incorporated by
reference in the schedule of the Request for Proposals.
SPECIAL PROVISIONS & SPE CM, CATIONS
All questions or concerns are to be directed to the City's Inspection Supervisor, Ken Burnet- at
(707) 778-4592.
CHANGES: The City may, at any time, by giving fifteen (15) days written notice, delete or add
to the scope of the work as set forth in the specifications. If such changes cause an increase or
decrease in the amount due under the contract, an equitable adjustment shall be made and the
contract amended in writing accordingly- -
WARRANTIES: The bidder shall be required to submit a copy of the equipment warranty terms
and conditions, or state those terms and conditions in the space provided below. In addition, a
statement must be made concerning the bidder's guarantee of workmanship.
All equipment placed in the City of Petaluma by Universal Building
Services in the fulfillment of this contract shall -be new and
subsequently maintained and serviced by UBS' Maintenance And Repair
Shoptechnicians. Universal BuildingServices nguarantees its
workmanship to meet or exceed the specifications in this RFP. -
In all purchases made by the City, availability and accessibility of warranty service and service
after warranty may be considered in determining the successful kidder.
J
SPECMCATIONS
WORD COVERED: The work covered under this specification consists of performing all
operations in connection with the accomplishment of custodial services on the following listed
facilities which are owned and operated by the City of Petaluma. The Contractor shall furnish all
labor, parts and equipment needed to perform satisfactorily the services herein specified. With
the exception of paper towels, toilet paper, toilet seat covers, wastebasket liners and hand soap,
the Contractor will furnish all supplies needed to satisfactorily perform the services herein
specified.
CITY OF PETALUMA FACIIEII'll'IIES
Facility Address
• City Hall offices
11 English St.
• County offices
1 I English St.
• City offices
V Howard St.
• Public Works/Fire Inspection offices
22 Bassett St.
• Community Center
320 N. McDowell Blvd.
• Senior Center
Lucchesi Parr
Cavanaugh Rec. Center
426 8m St
• Transit Building offices
555 N. McDowell Blvd.
® Putnam Plaza Bathrooms
Downtown
• Corp Yard buildings 840 Hopper St.
o Public Works Department offices
a Brealcroom/bathrooms
a Parks Department offices
• Depot offices and bathroom Washington & Lakeville
• Keller Street Garage
• Police Department 969 Petaluma Blvd. No.
• Miscellaneous facilities as needed
KELLER STREET PARKING STRUCTURE: Services to be provided at the Keller Street
Parking Garage include, but are not Iimited to:
1. Provide pressure washing service to the structure.
A. Concrete surfaces, stairs, railings, cement trash can exteriors hot and/or cold water
pressure washed to remove soil, gum, grease and stains.
B. Disinfect all concrete areas that have bird droppings; remove and dispose of bird
droppings.
2
C. Squeegee the water to remove puddles and standing water.
2. Remove and dispose of trash from the garage interior.
3. Clean and disinfect trash cans, paint trash receptacle exteriors.
4_ Clean and paint over graffiti on walls, doors, and stairwells. (Paint is provided by the City of
Petaluma.)
S. Clean glass in doors
6. The method and equipment that is used should capture all the cleaning solution and water.
PUTNAM PLAZA BATHROOMS: In addition to regular janitorial services to be provided for these
bathrooms, the Contractor shall be required to open/unlock the facility in the a.m. (between 6:00 a.m. and
7:00 a.m.) and close/lock in the p.m_ (between 8:00 p.m. and 9:00 p.m.).
CLEANING HOURS: All of the wort: is to be performed, as stated in the table an page 4, 5, and
6. This work schedule may be altered by obtaining prior approval from the Director of Public
Works or his representative.
Janitorial cleaning services for most offices will be provided after the hour of 6:30 p.m. and
before 6:00 a.m., or after regularly scheduled meetings in the Council Chambers and, in any
event, shall not interfere with any meetings in progress. All other janitorial services for the
remaining facilities will be provided as stated in the table on pages four through six. All window
washing shall be done during daylight hours. The Contractor may, for Contractor's convenience
and at no extra expense to the City, wash windows on weekends or holidays, provided
Contractor notifies and obtains approval of the City representative in advance.
It shall be the Contractor's responsibility to be aware of the current meeting schedules, holidays
events, gatherings, and other wort: routines of the City and its personnel and to conduct
Contractor's work in such a manner as to cause no interference with the proper execution of City
business.
All schedules for quarterly and semi-annual work. must be established prior to each contract year.
Said schedules must be submitted to the appropriate contact person in each department for their
approval. Also, a master schedule for each year must be submitted to the Public Works
Department (attention Ken Burnett, Inspection Supervisor) prior to each contract year.
SECURITY:
a. Contractor shall be responsible for ensuring that all doors are locked at all times when
work is performed outside of regular operating hours. Contractor shall be responsible for
reporting any property damage or vandalism at a facility to the Petaluma Police
Department. Neither Contractor nor its employees shall admit any person into any
facility (including grounds) on which work under the agreement is being performed who
is not an active employee of the Contractor and in possession of a City issued contract
badge. All Contractor employees shall be required to wear identification patches or
badges which are to be furnished by the Contractor.
b. Keys and alarm codes required by the Contractor will be issued by the City to a
designated Contractor employee under written custody receipt, and shall be returned to
the City on demand. Contractor will be responsible for maintaining any building keys
issued. Any Iost keys must be reported to the City representative immediately,
Contractor shall not conv anv Citv kevs. Kevs are to be made or co -pied only by the City.
If keys are lost, Contractor will be responsible for all costs associated with re -keying the
facility(ies).
c. Contractor will also be required to pay any costs incurred by the City of Petaluma as a
result of Contractor's failure to utilize proper alarm codes at those facilities which have
alarm systems.
d. All spaces shall be locked and lights turned off when cleaning in each area is completed.
Security lights and alarms (as directed) shall be turned on prior to leaving the facility.
CLEANING QUALITY REQUIREMENTS: Services performed under this contract slfall be
subject to inspection and approval of the City representative. First quality cleaning will be
required. Careless performance of the contract work will not be tolerated_ Unsatisfactory work
will be called to the attention of the Contractor and Contractor will be required to correct the
work deficiencies and improve the overall work results. Failure by the Contractor to comply
with such requests will result either in the corrective work being performed by other means and
the cost charged to the Contractor or in termination of the contract.
EXCLUSIONS: The exterior building, parking areas and landscaped areas are excluded from
this contract. Washing of skylights is also excluded.
REPORTS: A monthly report shall be prepared on the preceding month's work and submitted;
within five (5) working days after the end of each month to the City's Public Works Department
(attention Ken Burnett, Inspection Supervisor).
WORK SCHEDULE: All janitorial work shall be performed in accordance with the work
schedule and specifications included herein. Definitions of the terms used in the description
section of the schedule on pages 4, 5, and 6 are as follows:
Clean: Remove all dirt, stains and marks with approved cleaner.
Dry Mop: Remove all loose dirt and litter with a sweeping too] and cloth. In places
difficult to sweep, use a brush or vacuum.
Disinfect: Application of an approved anti -bacterial, germicidal treatment.
Damp Mop: Remove all surface dirt and stains with a clean mop and clean warm water
containing; detergent or floor cleaner as required and rinse.
Dust: Remove all loose dirt and debris. Treated cloths shall be used.
Vacuum: Remove all surface and embedded dirt with a suction/brush cleaner.
Scrub: Remove all dirt, stains and marks with an approved cleaner_
Strip: Remove accumulation of old floor finish, all surface dirt, stains and marks,
rinse, dry and apply appropriate number of coats of approved floor finish.
Damp Wipe: Remove all surface dirt with a damp cloth.
Polish: Polish all chrome hardware with approved chrome polish.
SPECIAL NOTE:
Carpets are not to be steamed cleaned. Other appropriate cleaning method shall be used.
Contractor is responsible for posting the frequency schedule in a suitable location for all floor
operations and window cleaning.
ov
INSURANCE REQUIREMENTS
Consultant and any subcontractor shall not commence work under this Agreement until Consultant
shall have obtained all insurance required under this paragraph and such insurance shall have been
approved by the City Attorney as to form and carrier and the City Manager as to sufficiency, nor
shall Consultant allow any contractor or subcontractor to commence work on this contract or
subcontract until all similar insurance required of the Consultant and/or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the body of
the insurance policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Consultant, the Consultant's agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
I. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
?. Insurance Services Office form covering Automobile Liability, code I (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance,
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City prior to
execution of this agreement.
B. IVlinimutm Limits of Insurance
Consultant shall maintain limits no less than:
I . General Liability: $2,000,000 per occurrence for bodily injury, personal injury and
property damage_ If Commercial General Liability Insurance or other form with a
general aggregate liability is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $I,000,000.
5. Such other insurance coverages and limits as may be required by the City prior to
execution of this agreement.
Exhibit B7
Page I oft
INSURANCE REQUIREMENTS - CITY
March 2003
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officers, officials, employees, and volunteers; or
the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of
the Consultant, products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; or automobiles owned. leased, hired or
borrowed by the Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials, employees, agents or
volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, agents or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City.
P. Acceptability of Insurers
Insurance is to be placed with insurers with a current A -M. Best's rating of no less than
A:VII_
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by
this clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf The endorsements are to be on forms provided by the City. All
endorsements are to be received and approved by the City before work. commences. As all
alternative to the City's forms, the Consultant's insurer may provide complete, certified
copies of all required insurance policies, including endorsements effecting the coverage
required by the City.
Exhibit B2
Page 2 of?
INSURANCE REQUIREMENTS - CITY
March 2003 _
EXE"IT C
(Living Wages)
Consultant shall provide its employees the following minimum compensation:
a. Living Wages: If the Consultant pays at least $1.50 per hour per employee
toward an employee medical benefits plan which allows employees to receive
employer -compensated care from a licensed physician, the Consultant shall pay
employees an hourly rate of not less than $11.70 per hour. If the Consultant does
not provide the employees with such medical benefits, the Consultant shall pay
employees an hourly wage of not less than $13.20. This provision does not
require that the Consultant pay more than $1.50 per hour or the entire cost per
employee for such medical benefits plan or compensate the employee for the full
cost of medical care.
b. Time -off: Employees shall be entitled to at least 22 days off per year for sick
leave, vacation, or personal necessity. At least twelve (12) of the required days off
shall be compensated at the same rate as regular compensation for a normal
working day. Ten. (10) of the required 22 days may be uncompensated days off.
Employees who work part-time shall be entitled to accrue compensated days off
in increments proportional to that accrued by full-time employees. Employees
shall be eligible to use accrued days off after the first six (6) months of
satisfactory employment or consistent with employer policy, whichever is sooner.
Paid holidays, consistent with established employer policy, may be counted
toward provision of the required 12 compensated days off. Compensation for
paid leave for part-time on-call employees, pro -rated as described herein above,
shall be provided as a lump sum payment twice a year to employees who worked
a minimum of 520 hours in the previous six months.
C. Additional compensation permissible. Nothing herein shall be construed to limit
Consultant's discretion to provide greater wages or time -off to its employees.
d. The initial rates set forth in (a) above shall increase annually on July 1, in
accordance with any increase due to a cost of living adjustment for City
employees, equal to the average cost of living adjustment (excluding equity pay
increases) for all City non -safety, non -management employees as of the date of
the most recent adjustment of the pay of non -safety, non -management employees,
but no more than the most recent December to December Consumer Price Index
for San Francisco -Oakland -San Jose (CPI -U), published by the Bureau of Labor
Statistics. City may review the impact of the .COLA on an annual basis to assess
any potential adverse impact and may modify or suspend adoption of a COLA
otherwise allowed by this provision.
IU?Q867