HomeMy WebLinkAboutStaff Report 3.C 07/02/2012' A It -#3 .0
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DATE: July 2;2012
TO: Honorable Mayor and Members of the City Councilthroug ity Manager
• FROM Dan•.St John,-F.ASCE—Director, Public Works & Utiliti:� `� .
Ron•DeNicola.—Building & Grounds Manager
SUBJECT: Resolution Authorizing;the City Manager to.Execute a Professional Services
Agreement for Custodial Services in City Facilities: .
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RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution..authorizing the City
Manager to execute a-Professional Services,Agreement for Custodial Servicces for'City Facilities
with Mercedes L'anfair; a local Petaluma business, for $125,677 per year. •
BACKGROUND .
In the past;the City has,executedimulti-.year contracts for janitorial'.services and the current 3-
year contract covering mostbuildings is expiring. The City has separate contracts for some of its
Water Resources buildings. Fire stations have not been included, as.,fire stations custodial needs
are completed by staff
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Staff prepared a Request for Proposal(RFP) for a 3-year Janitorial Services contract to include
all City facilities, except fire stations,-m order to consolidate!services to a single vendor, to
iimprove competitive`pricing and simplify contract management.
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• The proposed•action meets City Council.goal: "Improve and enhance fiscal stability and
sustaiiiability".
DISCUSSION
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On April 19, 2012 the City tendered,an,RFP to the regional Building_Exchanges:for Janitorial
Maintenance Services for all City facilities: Staff also contacted local businesses to promote
participation in the bid°process. Six proposals were received by the City Clerk's office by the
due date of May 17, 2012. The six companies and respectivebids were:
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Agenda Revie �c
City Attorne >_Finance Director City Manager
.Nameof;Bidder Total Bid .
Mercedes Lanfair $125,677
Dun-Rite Maintenance $133,541
Servico:Building Maintenance $141,342
UBS $147,427
Redwood Building,.Maintenance $151;395'
Vanguard Cleaning'Systems $254,760
The City's staff estimate Was $1.'46;000 based on previous contracts of the services. Staff has
reviewed the references ofthe.apparent low bidder, Mercedes Lanfair, and find them to be
satisfactorily qualified to perform ithe requisite services. Mercedes Lanfair will betomplying
with the City's living wage requirement. They are a local Petaluma business.
FINANCIAL IMPACTS
The three-year contract will,be apportioned by fund as follows:
Contract Apportionment Cost Center Amount
Ellis Creek Plant 6600.66700 54250 $5;996 annually
Water Field Office 6700.67100.54250 $5,996 annually
General Operating Budget 110046300.54250 $113,685 annually
The approved FY 12-13 budget anticipated these costs.
ATTACHMENTS
1. Resolution
2. Professional Services-Agreement .
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• Attachment 1
RESOLUTION AUTHORIZING-THE CITY MANAGER
TO`EXECUTE'AiPROFESSIONAL;SERVICES AGREEMENT FOR
CUSTODIAL SERVICES;IN'CITY FACILITIES
WHEREAS, the City of Petaluma has numerous buil ding•facilities requiringjanitorial services;
and
WHEREAS, City staffprepared a Request for Proposal (RFP) and solicited proposals from 14
local and regional custodial service firms; and
WHEREAS, on May 1.7, 2012,sik proposals were received; and
WHEREAS, Mercedes Lanfair responded to the RFP and was chosen based on their proposal
bid, reputation, and experience in custodial services; and
NOW,THEREFORE, BE;IT RESOLVED that the City Council of the City hereby authorizes
the City Manager to execute a'SProfessional Services Agreement with Mercedes Lanfair, of
Petaluma CA, for custodial services in City facilities for a'total.of$125,677 annually.
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Attachment2
PROFESSIONAL SERVICES-AGREEMENT
JANITORIAL.SERVICES CITY FACILITIES
(Title of Project)
FY Fund#, Exp.Acct.# Project# Amount$ •
For multi-year contracts or contracts with multiple accounts:
FY 12-13 Fund .6600 Exp.Acct.#66700 Project 54250 Amount$5996
FY 12-13 Fund#6700 Exp.Acct.#67100 Project#54250 .Amount$5996
FY 12-13 Fund# 1100 Exp.Acct.# 16300 Project#54250 Ainount'$113:685
FY 13-14 Fund#6600 ,Exp.Acct..#66700 Project#.54250 Amount$599O
FY 13_14 Fund 6700 Exp..Acct.#67100 Project#54250 Amount$5996
FY 13-14 Fund# 1100 Exp.Acct..# 16300 Project#54250 Amount$113:685
FY 14-15 Fund#.6600 Exp.Acct.#66700 Project 54250 Amount$5996
FY 14-15. Fund f#6700 Exp.Acct#67100 Project#54250 Amount$5996
FY 14-15 Fund# 100 •Exp..Acct.# 16300 Project 54250 Amount$113,685
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 Mercedes=Lanfait, a Co. ("Contractor")
(collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for. the purpose of Contractor providing
professional services to City under the,tenns and conditions-:Setforth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement; the Parties
agree as follows:
1. 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. Compensation; Business-Tas-Certifcate.
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.
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
(iManage#1201137.1)June 2012 4
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B. Contractor shall be .compensated for services 5n addition to those described in
Exhibit A, only if Contractor and City execute a written antendrnent 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 .$125,677 annually without prior written
authorization of,the City Manager. 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" form
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. Modifications. This agreement shall not betmodified, 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, 2015, unless sooner terminated in accordance with Section 5. This Agreement
may be renewed by giving 30 days' notice to the City prior to the expiration date.
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT 5
(iManage#120'137 1)June.2012
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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, anyand all of City's documents or materials provided to Contractor and,any
and all of the documents-or materials prepared for City or relating to the performance of
the Services, shall be•deliveted;tothe City as soon as possible, but not later than fourteen
(14) 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.allServices 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.
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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 nonconforming 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. B ackground Checks: All Contractor personnel who. will be working in City of
g this Agreement and any
Petaluma ;facilities. during the effective dates 'of t
subsequent ;renewal periods are required to be fingerprinted and have a
background check performed by a City of Petaluma public safety official. All
persons'i'nthe 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 1-9 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 issued prior to said personnel
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT 6
(Manage N 1201137.1)June 2012
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receiving a City-issued contract employee badge and beginning any work within
City facility. Contractor personnel who do not have clearance will not t be allowed
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 fingerprint and background 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 toi work in any City facilities, shall wear Contractor supplied
uniforms'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 WorkIor'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,anion-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 (I) hour of receipt Failure to°return 3 phone calls
within the allotted time period within 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
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT 7
(iManage#1201137 1)June 2012
damage at the Contractor's expense, the City may effect such repair as necessary, and
deduct the cost from amounts duedor that may become due the Contractor. •
8. 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. Safety. 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 Petaluma shall ftirnish'to Contractor no facilities or equipment,
unless the City otherwise'agrees'in writing to provide the same.
A. The Contractor shall finnish, 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 furniture
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.
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JANI"FORIAL PROFESSIONAL SERVICES AGREEMENT
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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
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 Services.
16. Confidentiality. 'In the course of Contractor's employment, Contractormay 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 orindirect, 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 representsahat 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-Cotractor,:delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform 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. AssigninentlTransfer. No assignment or transfer in whole or impart of this Agreement
shall be'made,withoutthe 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
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JANITORIAL PROFESSIONAL'SERVICES AGREEMENT 9
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maintaining insurance coverage as required herein and which shall name City as an
additional insured.
22. Emergency Work: From:time to time, on an as needed basis,the City shall contact the
Contractor 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$25.00 per hour.
23. Compliance With All Laws. Contractor shall fully comply with all applicable local,
state and federal rules, laws;,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
government agency or entity provides compensation for any Services, Contractor shall
comply with all rules and regulations applicable to such fiscal assistance.
24. Recycled Content,.Recyclability.
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 product and,its,packagingto 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 Computability: 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 doesinot 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.
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT
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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:
ML CLEANING
940 Lakeville-Cir.
Petaluma, Ca
94954
Telephone: 707=765-2855
Facsimile:
Contractor: Mercedes Lanfair
Telephone:' 707-765-2855
Facsimile:
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT
(iManage 41201137.1)June 2012 1 1
27. Ownership of Documents. All original papers; documents or computer material,on disk
or microfilm, and copies thereof, produced a`s 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 orner 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 Scrvicessor 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-1, attached hereto and incorporated herein by referenee. [Indicate attached.
exhibit, e.g., "13-1" or ".13,2. 1
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`theParties 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 vertu ed in a court of competent
jurisdiction in the County of Sonoma, State of California.
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT
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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 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.
36. No Third'Party 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) year 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
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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, unlessan-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-recordsbe given to the City and that the.records°and documents be
maintained'in"Petaluma City I-tall. 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.
10
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
°Manage 41201137.1)Juno 2012 .. 13
40. Survival All obligations 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 Agreement. 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 CONTRACTOR
• By CYO(' LaocCti16
City Manager Name
ATTEST: 0 U i y\e:Y
Title
4 o L-WCCU i s C( �
City Clerk Address:
APPROVED AS TO FORM: C' all0 W1G (11 9I-{ 9 t{
City State Zip
City Attorney Taxpayer I.D.Number
. APPROVED: L Lb '2.±1 35
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
•
Risk Manager •
APPROVED:
Administrative Services.Director - -
file name:
1201137.1
II
• JANITORIAL PROFESSIONAL SERVICES AGREEMENT
(iManage#1201137.1)June 2012 14
GENERAL PROVISIONS: - - •
•
PROPOSALS: Contractors are required to submit a proposal on-all is Proposal submittals
that do not have,all items will not be considered.
•
This Request for Proposals (RFP) 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 City Manager.
All prices and 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'proposal.
•
All proposals must be signed with the firm's name by a responsible officer or employee.
Obligations assumed'bysuch signature rnustbe fulfilled.
• SUBMISSIONS OF PROPOSALS: Each proposal must be submitted on the prescribed forms •
(pages 3, 4, 5, 6, 7, 8,'16 of this Proposal andpage 25 if needed) in a sealed envelope with the
proposal name, closing date and time on•the outside. -
Information must furnished complete,and incompliance 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 proposals on a fair and uniform,basis.
Accordingly, the City reserves the right to declare as-non-responsive, and reject-any proposal in
which material information requested is not furnished or where-indirect or'incomplete answers or
information are provided.
Proposals and modifications or connections thereof received after the closing time specified will
not be considered.
' Proposals shall be for the total net price including all applicable taxes and charges.
No telegraphic, telephone or facsimile of proposals will be accepted. If a photocopy is to be
submitted, itmust:,be signedlim original, in ink.•
PROPOSAL POSTPONEMENT AND AMENDMENT: The City of Petaluma reserves[the right
to revise or amend thespecifications up to the time set for opening of 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 proposals may be postponed by such number of days as in the opinion of the
City, shall enable Contractors.to';revise their proposals.
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SINGLE PROPOSAL RESPONSE: If only one proposal is received in response to the Request
for Proposals, a detailed cost proposal-maybe requested:of'the single Contractor. A cost/price 1
analysis and evaluation and/orsauditmay,be'performed Of the cost proposal in order to determine
if the price is fair:and reasonable.
PROPOSAL WITHDRAWAL: After the proposals,are:opened, proposal may not be withdrawn
for ninety (90) calendar days. Prior to the date/time set for the proposal opening, however,
proposals may be modified or withdrawn by the Contractor's authorized representative in person,
by written notice, or by facsimile notice. If proposals are modified or withdrawn:in person, the
' authorized representative shall make his identity known and shall sign a receipt for the,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 proposal.opening. A facsimile
modification or withdrawal received in the designated office no later than the date/time set for
the proposal 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.
PROPOSER INVESTIGATION: Before submitting a 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 proposer will rely. -If the Contractor receives.an:award as a result of its proposal
submission, failure to have made such investigations and examinations will in no way relieve the
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-PROPOSAL CONFERENCE: There will be a one-time only Mandatory Site
i Inspection/Pre-Proposal Meeting for all locations on Thursday, May 3, 2012, at 10:00 am.
Prospective proposers are requested. to The Community Center, 320 N. McDowell Blvd,
Petaluma, CA. The mandatory site inspection/pre-proposal meeting will allow the prospective
proposer to familiarize him/herself with all conditions that may affect the performance and cost
of the contract.
Failure to familiarize oneself with all conditions shall not constitute a basis for subsequent
contract adjustment.
COMPETENCY OF CONTRACTORS: No 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 proposal 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.
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QUALIFICATIONS AND REQUIREMENTS OF CONTRACTOR: All work will be
accomplished by qualified personnel. In the event uncorrected workmanship,continues for"the
same cause after three (3) written notices to the Contractor from the Director of Public Works
and Utilities or their 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 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 1-9
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 I-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, ban be grounds for
termination of this contract.
The Contractor will cover the current-cost, as determined by the Police Department for each
fingerprint and background check.
No person in the employ of the-Contractor who will be considered-for employment to work in
any City facilities, shall have been convicted of any felony or a crime which relate to theft,
violence, or violation of 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 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 and Utilities 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 proposals as a whole; to reject any
and all proposals; to waive any informality in the proposal; and to accept the proposal that
appears to be in the best interestof the City.
In determining and evaluating the best proposal, the prices will not necessarily be controlling,
butquality,-efficiency, utility, general terms, delivery, suitability of the service offered, and the
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 proposal evaluation and award. Failure to provide this information may
be sufficient reason to declare the proposal non-responsive. The Director of Public Works and
Utilities shall be the sole judge in the determination of these matters.
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•
•
• Notice Of contract •award; if contract be awarded; will be made within ninety (90) days of
opening proposals to the lowest responsive and responsible Contractor(s), whose proposal
complies with all the requirements in'the Request for Pr'oposal`s.
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 intheschedule of theRequestfor'Proposals.
The Contractor shall not commence'werk under the terms and conditions of the.contract,uritil 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: July 1, 2012`through June 30, 2015
•
CHARGE FOR WORK NOT ;PERFORMED; In the event that the work: schedules are not
followed and a City employee of private Contractor must perform these•duties, the total charge to
the City for the performance of the work shall be imposed on the Contractor.
PAYMENT TO TILE CONTRACTOR: 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, CA, 94953. In the event this contract becomes ,
effective orCerminates during:the course'of a month, the amount paid to the Contractor for the
partial month shall be determined'by prorating the amount on the basis of the number of calendar
days involved and the work actually performed.
MODIFICATIONS: This agreement :shall not be modified, except in writing, by contract
amendment, executed by all parties. Oral change orders are not permitted. No change in this
Request for Proposals or resulting contract 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 contract and signed by the City of Petaluma.
PROFESSIONAL SERVICES AGREEMENT: The successful firm.will be required to execute,
• the City of Petaluma Standard Professional Services Agreement with living wage requirements
(see Attachment I). The proposer should know that.no exceptions to this agreement will be
accepted and that any Tian submitting a proposal must be prepared to execute tliispagreement
without:modifrcation. If a proposer believes that a modification of the agreement will benefit the
City, the proposer can describe such modification in their proposal, including description of the
perceived benefits:, There is no obligation on the part of the City to accept such a modification.
This proposal shall lie Exhibit A (scope of work) referenced in the-agreement.
This agreement is subject to the requirements of City's Living Wage Ordinance (codified in
Petaluma Muni'e"ipal 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.
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• I
NOTE: THE CITY ADVISES ALL PROSPECTIVE :CONTRACTORS TO CAREFULLY
READ THE CONTRACT INSURANCE REQUIREMENTS LISTED IN EXHIBIT B-1. IT°IS
ALSO ADVISED THAT PRIOR TO SUBMITTING A 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 AFTER AWARD OF RFP.
FAILURE TO COMPLY WITH THE INSURANCE REQUIREMENTS STATED HEREIN,
AFTER AWARD OF RFP WILL BE JUST,CAUSE FOR ANNULMENT OF AWARD.
NON-COLLUSION AFFIDAVIT: The Contractor declares, by ,signing and submitting a
proposal, that the proposal is not made in the interest of, or on behalf of any undisclosed person,
partnership, company, association;r.organization. or corporation; that the proposal is genuine and
not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any
other Contractor to put in a false or sham proposal, and has not directly or indirectly colluded,
conspired, connived, or agreed with any Contractor or anyone else to put:in a sham proposal, or
that.anyone shall refrain from submitting an RFP; that the Contractor has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
proposal price of the Contractoror any other proposer, or to fix any overhead, profit, or cost
element of the proposal 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 proposal are true; and, further,that.the Contractor has not, directly
or indirectly, submitted his or her proposal 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, Proposal depository, or to any
member or agent thereof to effectuate a collusive or sham proposal.
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, RECYCLABILITY:
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:
I. the ability of the product and its packaging to be reused, reconditioned for use, or
recycled through existing recycling collection programs; and
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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 COMPATIBILITY: 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.
ENTIRE AGREEMENT: 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 understanding, oral or written, between the
parties in this regard.
CONFIDENTIALITY: In the course;of providing services for the City of Petaluma, 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.
PROPOSAL CONTENTS: This proposal consists. of Request for Proposals, Provisions,
Specifications, Attachments and other teems and conditions as are attached or incorporated by
reference in the schedule of the Request for Proposals. .
SPECIAL PROVISIONS & SPECIFICATIONS
All questions or concerns are to be directed to the Building & Grounds Manager, Ron DeNicola,
at 707-778-4321.
CHANGES: The City may,at any time, by giving fifteem(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. Changes in the scope of five percent (5%) or less per
proposal item, shall not be cause'for adjustment.
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 his operations, and
shall repair or replace any datnaged real property, work, materials' or equipment to the
satisfaction of, and at no additional cost to, the City.
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The Contractor shall observe all pertinent safety practices and comply with any applicable safety
regulations.
DEFECTIVE WORK: if the City,representative finds that repairs or changes are.required in
connection with this contract, which, •in the opinion of the City representative 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 contract, the Contractor shall, within five (5)
days upon receipt of notice from the City representative, place in satisfactory condition, in every
particular, all of such work, correct all defects therein and make good on all damages.
SUPERVISION: The Contractor shall arrange for satisfactory supervision of.all contract work.
The Contractor or Contractor's English-speaking supervisors shall be available at all times when
the contract work is in progress; and during the day to receive instructions from the City .
representative.
FACILITIES AND EQUIPMENT: Contractor"shall, at his sole cost and,expense, furnish all
facilities and equipment:that may be required for finishing services pursuant to this agreement.
The City of Petaluma 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. work. These supplies and equipment. include, but are not
limited to, waxes, floor finishers, cleansers, floor strippers, sealers, detergents, cleaning
powder, disinfectants, metal and furniture 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 sanitarynapkin 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.
CONTRACTOR CONTACT INFORMATION: Contractor will provide a.phone number where
Contractor or Contractor's representative can be reached:on weekends and evenings. Contractor
agrees..to return any phone call within one (1) hour of receipt. Repeated'failure to return said
calls within the specified Period will result in a one percent (1%) penalty,on the current invoice.
Chronic failure to:abide with.this requirement will be groundsfor cancellation of the contract.
Contractor will perform an investigation of all areas outlined in this proposal on a monthly basis
•
with the Director of Public Works and Utilities or their designated representative.
INSPECTION: The Contractor shall accompany the City's representative on non-scheduled
inspection tours of the specific areas when requested bythe City representative.
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EMERGENCY WORK: From time to time, on an as needed, basis, the City shall contact the
Contractor to perform emergency work. The City will' provide as much advance notice as
possible. After the work is explained to the ,Contractor by.the,Director of Public Works and
Utilities or their representative, 'the Contractor shall.dispatch (within 2 hours) the appropriate
number of personnel and equipment required to complete this emergency work in a timely and
efficient manner.
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.
REFERENCES: The proposer shall• supply three (3) references of current Contractors of the
equipment/material/services offered in this proposal.
1. Company Name Address
Contact Phone
2. Company Name Address
Contact Phone
3. Company Name Address
Contact Phone
•
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SPECIFICATIONS
WORK 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 FACILITIES:
Facility Address
• City Hall offices hl English St.
• County offices 11 English St.
• City offices 27"Howard,St.
,
• Public Works and Utilities/Fire Inspection offices 22 Bassett St.
• Community Center 320 N. McDowell Blvd.
• Senior Center - 211 Novak Dr.
• Cavanaugh Rec. Center 426 8`h'St.
• Transit Building offices - 555 N. McDowell Blvd.
• Putnam Plaza Bathrooms Downtown
• Corp Yard buildings 840.Hopper St.
— Public Works and Utilities Department offices
— Breakroom/bathrooms
• Depot offices and bathroom Washington& Lakeville
• Keller Street Garage, Keller Street
• Police Department 969 Petaluma Blvd.No.
• Teen Center 150 Fairgrounds Dr.
• Library/Historical Museum 20+4`h St.
• Ellis Creek 3.890 Cypress Dr.
• Water Field Office 202 N. McDowell Blvd.
• Miscellaneous facilities as needed
ROUTINE JANITORIAL.INCLUDES:
• Cleaning: Remove all dint, stains and marks with approved cleaner.
• Dry Mopping: Remove all loose dirt and litter with a sweeping tool and cloth. In places
diffcult,to sweep,-use a brush°or vacuum.
• Disinfecting: Apply approved germicidal treatment.
• Damp Mopping: Remove all surface dirt and stains with a clean mop and clean warm water
containing detergent or floor cleaner as required and rinse.
• Dusting: Remove all loose dirt and debris. Treated cloths shall be used
• Vacuuming: Remove all surface and embedded dirt with a suction/brush cleaner.
• Scrubbing: Remove all dirt, stains and marks with an-approved'cleaner.
• Damp Wiping: Remove all surface dirt with a damp cloth.
• Polishing:Polish all chrome hardware with approved chrome polish.
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• All trash cans shall be emptied and liner bags replaced as needed.,
• Restrooms shall be thoroughly cleaned and disinfected, waterless urinal cartridges,
deodorizers, toilet paper; paper rowels and soap shall bereplaced as needed. .
SPECIAL NOTES: .
Carpets are not to be steamed. cleaned. Other appropriate cleaning,method shall be used in
accordance with carpet manufacturer's recommendations or acceptable industry`standards.
Floor stripping, sealing and finish coat°shall include removal of accumulation of old floor finish,
all surface dirt, stains and marks, rinse, dryand apply appropriate number of coats of approved
floor finish. This task-is to be performed four times per year for all buildings. A written schedule
for each facility shall be provided to the Building and Grounds Manager.
ANNUAL DEEP CLEANING for each facility shall be per written schedule submitted to the
Building and Grounds Manager. Tasks;include: Cleaning of ceilings, walls, window sills, light
. fixtures/covers and HVAC grills. .
SPECIAL.NEEDS/SPECIFICATIONS:
COMMUNITY CENTER:
€yy-r ".`,t„`",; it.Area7' :` x ,'il;":144 1F VorIt D'escrip tone„ Erequeney a N°'l .'SI ecial•Instruction3N+Ii '.,ct`..
1. Lobby(101)x& Lounge(202)
I. Floor—carpet Vacuum' Daily Spot clean if.needed
2. Glass Entrance.Doors Wash Daily
3. Water Eoimtains Clean-. Daily . •
4. Waste Cans Empty Daily,
5. Furniture Spot Clean. Daily ,
6. Ash Urns Empty-Damp Wipe Daily
T . Floor Mats Vacuum Daily
2. Craft Room(206) •
1. Floor Dust Mop, Wet Mop, Daily .
2. Sinks, Counter . .Clean; Daily
3. Waste Cans .Empty Daily
4, Dispensers Fill/Clean Daily ._
3. Conference Room 3 (213)
1. Floor 'Vacuum Daily Spot clean if needed
2. Furniture `Dust Daily Arrange according to instructions.
and check for
3. Chalkboard Clean Daily
4. Waste.'Can .Em. Daily
4. Conference Room 2
I. .Floor. Vacuum Daily Spot clean if needed!
2_ 'Furniture Dust./Damp Wipe Daily Arrange according to instructions
3: . Waste,Can _ Empty Daily
5. Multi-Use.Meeting-Room-AID'
I. Floor Dust Mop/Wet Mop Daily Burnish Saturday:&Sunday
2. Counter Damp Wipe Daily
3. Sink ' Clean Daily
4. Dispenser Fill]clean Daily ,
. 5. Waste Can Empty , Daily
6. Partition Spot Clean Daily As needed
7. Furniture ' Darn Wi e Dad Arrange,according to.instructions -
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'_ w,; .4nv; rea= ' `,, tic:M3 e , ^'WiiiligDe"scrjtwii4eziftegnelley,Vri r<Speciald'n's"tttuctions°s " . I
6. 'Janitor's Rooms
1. Equipment Damp Wipe Daily. Keep rooms clean at all times
2. Cart Clean/'Stock Daily
7. Club Room
1. Floor Vacuum Daily Spot clean if needed
2. Waste.Can Empty Daily
3. Furniture Dust Daily• Arrange according to instructions
8. • Corridors .
I. Floor _ Vacuum Daily If instructed
9. Activity Room
I. Floor Vacuum Daily Arrange according to instructions&
2. Furniture Damp Wipe Daily check for damage
3. Waste Can Empty Daily
4. Floor Mat Replace Daily If badly soiled
10. Multi-Use Assembly Room
1. Floor-carpet Vacuum Daily Spot clean if needed between events
2. Floor-wood DustMop/Damp Daily
3. Waste Cans Mop Daily Wash out if odor is present
4. Furniture Empty Daily Arrange according to instructions&
Damp Wipe check for damage
11. Stage Area
I. Floor-carpet Vacuum Daily If used
2. Floor-wood Dust Mop/Damp Daily
Mop
12. Multi-Use Dressing Room
I. Floor Dust Mop/Damp Daily If used
2. Counters Mop Daily Burnish Sunday
3. Waste Can Clean Daily
4. Furniture Empty Daily
Damp Wipe Arrange according to instructions
13. Restrooms
1. Floor Sweep'/Wet Mop Daily
2. Walls Damp:Wipe As Needed
3. Toilets Clean/Disinfect Daily
4. Urinals Clean%Disinfect Daily
5. Sinks Clean Daily
6. Counters Clean Daily
7. Dispensers Clean/,Fill Daily
8. Waste Cans Empty& Polish Daily Polish
9. Mirrors Clean Daily .
10. Partitions Spot Clean Daily
I I. Floor Drains Disinfect _ Sunday _14. Kitchen/Service Yard - If used
I. Floor Sweep l Wet Mop Daily
2. Dishwasher.(Exterior) Damp Wipe Daily
3. Carts Damp Wipe Daily
4. Sinks , Clean - Daily
5. Counter Tops . Clean Daily
6. Ovens(Exterior) Damp Wipe Daily
7. Stove Top Damp Wipe Daily
8. Microwave Damp Wipe Daily
9. Dispensers Fill/,Damp Wipe Daily
10. Waste Cans Empty Daily Wash out if odor present.
II. Refrigerator Spot Clean Daily
.12. Freezer Damp Wipe Daily
13. Ice Machine Damp Wipe Daily
Page 19
25
f i r i r k Desc'riphon,,to 3 Frequen peciallli struchons ,Fi e` C
14. Work Tables Damp Wipe 'Daily,
15. Dumpster Sweep Daily If needed
16. Service Yard Hose'Down If needed
15. Court Yard If used
L Concrete Walkway Sweep Daily
2. Waste Can Empty Daily
3. Ash Urns Empty/Damp Wipe Daily
4. Glass Doors Clean Daily
16. Miscellaneous
1. Outside Windows Washed Quarterly Daytime, not during special events
2. Entrances Sweep Daily
ELLIS CREEK WATER RECYCLING"FACILITY:
A. Semi-Weekly Services
�t6�s�A`rea`s�t9,be Cleaiiedw��g.. ,, ;, r,�,,, x . _Descr'iption _a.,5, _
Administration/Operations • Fill=and clean all dispensers(products supplied by,WR'&C).
Building: • Empty, clean and disinfect all waste receptacles and insert new liners (products
suppled by WR&C).
Bathrooms&Locker • Clean and disinfect all washbasins, counters,and fixtures with non-abrasive cleanser.
Rooms/Showers(including • Clean=all mirrors,chrome,stainless steel and polish to shine.
public bathroom at entrance) • Wash'.and.disinfect all urinals and toilets, removingstains and cleaning under rims and
flush holes.
• Maintain waterless urinals as recommended by manufacturer
• Clean and disinfect toilet seats,:fixtures and outside surfaces of urinals and toilets.
• Dust and spot clean with detergent all partitions,walls,doors and other surfaces.
• Sweep and damp mop floor with disinfectant-detergent solution.
• • Scrub,and disinfect with antifungal cleanser, all shower areas and fixtures.
• Dust and spot clean lockers and}benches.'.Benches shall be left dry.
• Clean floor drains-ofhair,soapand all other material.
• Clean and disinfect exterior of all lockers.
• Do not allow water to drip into lockers.
▪ All surfaces shall be free of soap scum, body oils,'mineral deposits,stains and odors.
• Garbage collection: Empty garbage can in front of public bathroom and at the
Public Area
beginning of the trailhead.
Entryway, Lobby, Hallways, • Vacuum all carpets and spot clean as needed..
Corridors,Traffic Areas • Dust mop
• Damp mop floors with disinfectant.
• Clean doors,door glass, frames and kickplates'on both sides.
• Clean and disinfect all telephones.:
• Empty and cleanwastebaskets,-central,recyclingbins, and trash receptacles, including
those outside entrances and at all outside patios,and replace liners.
• Wastebaskets and trash cans shall be free of stains and odors and shall be scrubbed as
necessary.
•
• Dust and wipe clean with damp of treated cloth: partitions, walls, base boards,
counters,cabinets,and all other horizontal surfaces. •
• Sweep'.outside entryways.
•• Wipe.down all doors and door handles at main entrance. Wash windows(inside).
Offices, Library and • Dust all desks, office furniture, chairs, partitions and picture frames"with'treated dust
Conference Rooms cloth:
• Clean and disinfect telephones.
• Do not move or disturb any paperwork or other materials.
• Spot clean tabletops,countertops, office furniture, fabric and chairs.
Page 20
26
•
," tAreas`to be'Cleaned .r.: 1 t 6, ?' .*21AftW ritiiieription 11•Mtc4:?1, _ .V: t` l*:•;C;;;
• Arrange chairs in orderly fashion.
'• Dust,and spot clean doors,, frames, walls, counters, sills, baseboards and partitions,.
glassand inside of window. -
• Empty,._clean and sanitize wastebaskets and recycling bins,-.and replace liners.
• .Vacuum.all.carpets.
• Wipe down conference room table with disinfectant.
Lunch Room/Training Room • Remove all trash.,and>recyclables and replace liners. Clean and disinfect as needed.
1
and Kitchen Wastebaskets shall be free of stains and odors.. -
• Disinfect_door handles and phones. •
• Fill and clean all dispensers.
• Dust mop floors.-
• Damp mop floors with disinfectant.
• Damp wipe tables and chairs with disinfectant,:and replace in orderly fashion.
• Dust and spot clean doors, glass,doorframes, walls, partitions, sills, and baseboards.
• Cleamand.disinfect countertops, sinks, exterior of appliances, interior of microwaves,
fixtures.
Laundry Room • Dainp'wipe,washers and dryers.
Back Entrance Sink and • Sweep;and damp mop laundry room floor,
Maintenance Area • Clean,and sanitize sinks.
Miscellaneous Services • Janitorial closets and storage areas shall be kept'clean, neat and orderly
• Spot clean walls.
•• Clean, sanitize:and.polish drinking fountains.
• .Damp"wipe all doors,walls, frames,sills,counters,baseboards,etc.
• Sweep all,exterior entrances and patios.. .
• Emptygarbage cans and replace liners.
• Cleanigarbage cans.
• Cleamyexterior furniture as needed.
• Carry or roll-all trash containers to exterior dumpster,and dispose,into dumpster.
• Remove all cobwebs in ceiling light fixtures and throughoutbuilding.
B. Quarterly Services—July,,October/January, April
. ? t
.z^t .F'S`AYCBS;ttl bet �`p'iR$ �'�e.°,'"�.._"•r;, � ��_� �T4'•.,�'.^mz DCSCr1�t1011 i�+,,...�.��.�:�.#���'w..._.9e ;�, a , i
Floors ' • Strip,wash and'wax floors per manufacturer recommendations.
• Cleam.groutaand seal.
• Chemically'clean carpets.
Miscellaneous • Spot clean chairs.
• Pull,out:copier:and vacuum behind and around. •
•.. Wipe down'with disinfectant all filing cabinets;in offices and library.
Kitchen • Clean oven interior.
• Wipe out of all cabinets.
• Wipe out interior of refrigerator. Pull out vacdurh behind and disinfect all sides.
c• Clean and disinfect countertops, sinks exterior of appliances interior of microwaves,
cupboards,and fixtures.
C. Semi-annual Services'(May and October)
„`� <'Areas''°iabe Cleajied`� " .I�,��;� k�.�..;s.,s r b��,rF^�` �s^'.a=F;Descript9n�fi s ��,,,.,.�,f��a�� •. t:,,,r«ire
Windows and Blinds Dustanddamp wipe blinds.
• Clean exterior of windows. •
Page 21
27
•
D. Annual Services
Exterior • Pressure wash all entryway concrete:
• Pressure wash all aluminum sunshades.
WATER FIELD OFFICE:
A. Semi-Weekly Services
,'t 4 •Areas:totbe,Cleanetl '
YBathrooms& Locker Rooms/ • Fill.and'clean all dispensers(products supplied.byWR&C).
Showers • Empty, clean and disinfect all waste receptacles and insert new liners. (products
supplied by WR&C).
• Clean-and disinfect all washbasins, counters,and fixtures with non-abrasive cleanser.
• Clean all mirrors, chrome,stainless steel and polish to shine:
• Wash and disinfect all urinals and toilets, removing stains and cleaning under rims and
flush holes
• Maintain waterless urinals as recommended by manufacturer.
• Clean and disinfect toilet seats, fixtures and outside surfaces of urinals and toilets.
• Dust and spot clean with detergent all partitions, walls, doors and other surfaces.
.• Sweep and damp mop floor with disinfectant detergent_solution.
• Scrub and disinfect with antifungal cleanser,all shower areas and fixtures.
• Dust and spot clean lockers and benches..'Benches'shall be left.dry.
• Clean floor drains of hair,soap and all other.material.
• Clean-and disinfect exterior of all lockers.
• Do not allow water to drip into lockers.
• All surfaces shall be free of soap:scum,body oils,mineral deposits,stains and odors.
Entryways, Lobby, Hallways, • Vacuum:carpets-::and.spot.clean as needed:
Corridors, Stairs, Traffic Areas • Sweep linoleum-and tile floors, buffing vinyl once per week.
• Dust all high and low areas,including vents,sills, baseboards,desks, lighting, counters
and tables.
• Clean all light fixture's.(switches:and controls),handrails and doors and door frames.
• Clean and disinfect all telephones.
• Wash/clean all door and partition glass.
• Sweep outside.entryways
.
• Wipe down all doors and door handles at main entrance.
• Wash windows(inside)..
Private Offices, Conference • Dust all desks; office furniture, chairs, partitions and picture frames with treated dust
Room and Cubicles cloth.
• Clean and disinfect telephones.
• Do not:move or disturb any paperwork or other materials.
• Spot clean tabletops, countertops, office furniture, fabric and chairs and plastic floor
mats.
• Arrange chairs in orderly fashion.
• Dust,and spot clean doors, frames, walls, counters, sills, baseboards and partitions,
glass and inside of window.
• Empty, clean and sanitize wastebaskets and recycling bins, and replace liners.
• Vacuum all carpets.
• Wipe down conference room table with disinfectant. _
Lunch Room/Training Room • Remove•alltrash and recyclables and replace liners. Clean and disinfect as needed.
•
and Kitchen Wastebaskets shall be free of stains and odors.
• Disinfect door handles and phones.
• Fill and clean all dispensers.
Page 22
28
A`tu r.,Ares',to i e,C•leane i xt
• Dust mop floors.
• Damp mop floors with disinfectant.
• Damp wipe tables and chairs with disinfectant, and replace in orderly fashion.
• Dust and spot clean doors,glass, doorframes, walls, partitions,silts, and baseboards.
• Clean and disinfect countertops, sinks; exterior of appliances, interior of--microwaves,
fixtures:.
_ • Sweep linoleum and tile floors, buffm1 vinyl once:ser week.
Miscellaneous Services • Janitorial'elosets and storage areas shall be kept dean,neat and orderly.
• Spot clean walls.
• Clean,,sanitize and polish drinking fountains,
• Damp'wipe.all doors, walls, frames,sills, counters; baseboards,etc.
• Sweep all exterior entrances and patios.
• Empty garbage cans and replace liners.
• Clean garbage cans.
• Clean exterior furniture as needed.
• Carry,or roll all trash containers to exterior dumpster and dispose into dumpster.
• Remove all cobwebs in ceiling light fixtures and throughout building.
B. Quarterly Services—July, October, January, April
Floors • Strip, wash and wax floors per manufacturer recommendations.
• Clean grout and seal..
• Chemically.clean carpets.
Miscellaneous • Spot clean chairs.
• Pull"out copier.andvacuum behind and around..
•
Wipe down with disinfectant all filing cabinets in offices.
Kitchen • Clean oven interior.
• Wipe out interior of all cabinets.
• Wipe out interior of refrigerator. Pull out and vacuum behind and disinfect all sides.
• Clean and disinfect countertops, sinks, exterior of appliances„interior of microwaves,
cupboards,and'fixtures.
C. Semi-Annual Services (May and October)
{,W+:vAreas"to.be`Cleanedb¢'.iP: .E: i° % r� Descrip tro 11 ,570:.'=°;P 'Y'' it y`iity: e$rri' #`t,
Windows&Floors • ClearV'h h the inside and outside of all windows.
• Shampoo all carpets.
• All tile floors and walls to be scrubbed,detailed,and cleaned.
D. Annual Services,
Exterior • Pressure wash all entiywayc6ncrete.
• Pressure wash all aluminum sunshades;
Page 23
29
•
KELLER STREET`PARKINGSTRUCTURE: Services;to be provided at the.Keller Street
Parking Garage'include, but are not limited to:
I. 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.
c. Squeegeethe 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.)
5. 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 pain. (between 8:00 p.m. and 9{00 p.m.).
CLEANING, .HOURS: All of the work is to be performed,,. in accordance with
Proposal/Contract. This work ,schedule may be altered by obtaining prior approval from the
Director of Public Works'and'Utilities 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 v 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 work 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 Department Of Public
Works and Utilities, Manager of Buildings and Grounds 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.
Page 24
30
b. Keys and alarm codes required by,the Contractor will be-issued by the City to a designated
Contractor employee underwritten custody receipt; and shall be returned to the City on
demand. Contractor will be responsible'for maintainingxany building keys issued. Any lost
keys must be reported to the City representative immediately: Contractor shall not copy any
City keys. Keys are tobemade or copied 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 shall 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:ofthe 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 Department Of Public Works
and Utilities, Managerof Buildings and Grounds.
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 4-7 are as follows:
Contractor is responsible for posting the frequency schedule in a suitable location for all floor
operations and window cleaning
EXCEPTIONS TO TIIE SPECIFICATIONS: Exceptions to the specifications of any
proposal items stated herein shall be fully described in writing by the proposer in the space
provided below:
•
•
Page 25
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. 35
•
•
INSURANCE REQUIREMENTS
•
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all, insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to forni arid the Risk Manager as to carrier and
sufficiency. 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,,now and in the future for injuries to persons or'damages°to property which may
arise from or in connection with the performance of the Services :by the Consultant, the
Consultant's agents,representatives, employees and subcontractors.
A. Minimum,Scope of Insurance it
Coverage shall be at least a'sbr`oad as:
1. Insurance Services,.Office Commercial General Liability=coverage:
a. Personal injury;;
b. Contractual-liability:
2. Insurance Services.Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation,insurance as required by the State of California and
Employer's Liability Insurance.
4. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain lirimits:no less than:
1. General Liability: $,1,000,000 per occurrence for bodily injury, personal injury I
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 Agreement 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: Em ployer's Liability: Bodily Injury by Accident- $1,000,000.each accident.
Bodily Injury by Disease - $1,000,000:policylimit.
Bodily Injury by Disease -.$1,000,000 each employee.
4. Such otherinsurance coverages and limits as may be required by the City.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared'to and approved by the City.
At the 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.
• Exhibit B1
Page 1 of 2
INSURANCE REQUIREMENTS(City)
(iManage#609323)April 2010 36
D. Other Insurance Provisions
The required general liability and automobile policies are-te contain, or be endorsed to
contain the following provisions:'
1. The City, its officers; officials, employees, agents and volunteers are to be
covered as Additional 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,
itsofficers;;officials, employees, agents or volunteers.
2. For any claimsselated-toahis project, the Consulfant?sinsurance 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.ih.limits except after thirty (30)'days' prior written notice by certified
mail, return receipt requested, has been given to,the City.
6. Consultant agrees to waive subrogation rights.against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
E. 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. All endorsements are to be received and'::approved by the
City before the,Services commence.
Exhibit B I -
Page 2 of 2
INSURANCE'REQUIREMENTS(City)
(iManage 11609323)April 2010 37
•
EXHIBIT C
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding •
mechanisms providing financial assistance (referred to hereafter as an'"Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part'of any'bid, application or
proposal for any Agreement,subject to the Ordinance, the covered entity shall:
• Acknowledge that the covered entity is aware of the Ordinance'and intends to comply
with its provisions.
• Complete-the Report of Charges, Complaints, Citations and/or Findings contained in
this Acknowledgement and Certification by providing information, including the date,
subject matter and manner ofresolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings,of violation of law or regulation by any regulatory agency or court
including but not limited to the California'Department of Fair Employment and Ilousing,
Division of Occupational Safety and-Health (OSHA), California Department of Industrial
Relations (Labor Comnussioner), Environmental Protection Agency and/or National Labor
Relations Board,which have been filed or presented to the covered entity within the ten
years immediately prior to the bid,proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or,the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing,this,Acknowledgement and Certification, the covered entity (i) acknowledges that it
is aware of the Ordinance and intends'to comply with'its provisions, (ii):attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Page 1 of 3
38
•
• this Acknowledgement andiCertificafion-is•authorized-to bind the:covered entity as to the
matters covered:in•this eledgtnent and Ce"r'tification. .
SO ACKNOWLEDGED and CERTIFIED:
Project or,Contract I.D:
•
kL C ' CC3 (I li%1 ( Date: O ''/0--i / it
(Print Name of Covered Entity/Business Capacity)
By Fq Ora' \ S Luc
(Print Name)
• /s/
(Signature)
Its ck YICN
(Title /Capacity of-Authorized Signet)
•
•
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Page 2 of 3
39
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE•SECTION 8.36.120
FOR EACH WAGE,HOUR,COLLECTIVE BARGAINING,,WORKPLACE SAFETY,ENVIRONMENTAL_
OR CONSUMER'PRO IECTION CHARGE,COMPLAINT,CITATION,AND/OR FINDING OF VIOLATION
OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT,INCLUDING.BUT NOT
LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND'HOUSING,DIVISION.OF
. OCCUPATIONAL SAFETY AND HEALTH (OSHA),CALIFORNIA DEPARTMENT OF INDUSTRIAL
RELATIONS (LABOR COMMISSIONER),ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL
LABOR RELATIONS BOARD,WHICH:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR,SUBCONTRACTOR,LESSEE,FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION-FUNDED,AGREEMENT OR BENEFIT.SUBJECT TO
PETALUMA MUNICIPAL CODE CI-IAPTER 8.36 (LIVING WAGE ORDINANCE),AND
• HAS BEEN FILED OR PRESENTED TO'YOU:WITHIN TI-fE TEN YEARS IMMEDIATELY PRIOR
TO THE BID,PROPOSAL,SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT
AND CERTIFICATION IS MADE
PLEASE PROVIDE THE DATE,THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT,CITATION OR FINDING,THE SUBJECT MAT I ER ANDTHE MANNER OF RESOLUTION,
IF ANY,FOR EACH SUCH CHARGE COMPLAINT,CITATIONOR FINDING.
IF NONE,PLEASE STAIE"NONE": ViC\--MQ
A rACII ADDITIONAL PAGES IF NEEDED.
Date: oC\ \ �Z
“ 4)
Regulatory Agency or Court: �F1 -Ck
1
Subject Matter:
Resolution,if any:
•
Expected resolution, if known:
June 2011 (iManage#1638697.2)
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Page 3 of 3
40