HomeMy WebLinkAboutStaff Report 3.G 9/10/2012 tog&fad I teisn'` 3 .Q
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Iss$'
DATE September 10, 2012
TO: Honorable Mayor and-Members of the City Council through City Manager
FROM: Dan St John, F.ASCE —Director, Public Works &Utilities
Ron DeNicola-Building & Grounds Manager
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for Custodial Services in City Facilities.
RECOMMENDATION
It is recommended that the City Council adopt the attachedResolution authorizing the City
Manager to execute a Professional Services Agreement for Custodial Services for City Facilities
with Mercedes Lanfair, a local Petaluma business, for'$125,677 per year.
BACKGROUND
In 2009 the City executed amulti-year contract for janitorialservices and the current 3-year
contract covering most buildings has expired. Water Resources buildings, previously under
separate contracts, are now being included in the proposed City=wide contract. Fire stations are
not included because staff,perfonnsthe custodial'function in'these buildings.
The award of contract was initially scheduled for the July 2,.2012 Council meeting, however, it
came to staffs attention by one of the respondents, Universal Building Services (UBS) that
another respondent, Mercedes Lanfair had not received an addendum during the proposal
period.The.award date was postponed to allow staff to review'the,matter'and conclude that the
procedural,irregularity was minor and.did not impact the evaluation process or affect the final
outcome..Mercedes Fantail-subsequently received the addendum and responded that its
substance"did"not change their proposal costs of$125,677,.which is the low proposal amount, nor
did it change any other proposal information such as experience, reputation and proximity used
by city staff in evaluating+the'proposal. UBS base proposal is $147,427 and Mercedes Lanfair is
$125;677.
The proposed action m eets City Council goal:;'Improve and enhance fiscal stability and
sustainability".
Agenda Rev'et:
City Attorne Finance Director City Mana
DISCUSSION
Staff prepared a Request for Proposal (RFP) fora 3-year Janitorial.Services contract to include
all.City facilities, except fire stations, to consolidate services to a single vendor. This will
improve competition and simplify contract management. 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 proposal process.
Six proposals were received by the City Clerk's'office.bythe due date of May 17, 2012. The six
companies and respective estimated costs were:
Name of Propser Estimated
Annual Costs
Mercedes Lanfair $125,677
Dun-Rite Maintenance $133,541
Servico Building Maintenance $141,342
UBS $147,427
Redwood Building Maintenance $15.1,395
Vanguard Cleaning Systems $254,760
Proposers also included unit costs to perform "on-calf' services as may be required by the City.
The Request For Proposal also included an additive alternative for the.cost to clean several
restrooms,located within.parks. This alternative was not taken, as'the cleaning service for parks
is being,.performed by the Old Adobe Developmental,Services program, separate from the
custodial services.agreement.
Staff evaluated the proposals based on the company's experience; proximity of management
office, recommendations of existing customers, and estimated annual costs. City staff estimated
the..annualxcost'of$146,000 based on previous contracts of the service's. Staff has reviewed the
experience and references,of the apparent low price proposer; Mercedes Lanfair, and find them
to be satisfactorily qualified to`perform the requisite services. Mercedes Lanfair will comply with
the City'siliving wage requirement. They are aaocaFPetaluma 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 1100.1'6300.54250 $113,685 annually
The approved FY 1-2-13 budget anticipated these costs. The previous.contract annual cost was
$102,560, which did not include the Water Field Office nor the Ellis Creek Plant facilities, as the
new contract does.
2
ATTACHMENTS
I. Resolution
2. Professional Services Agreement
3
Attachment'1
RESOLUTION,AUTHORIZING THE CITY MANAGER
TO EXECUTE A.PROFESSIONAL SERVICES AGREEMENT FOR
CUSTODIAL SERVICES IN CITY FACILITIES
WHEREAS,,the City of Petaluma has numerous building facilities requiring janitorial services;
and
WHEREAS, City staff prepared a-Request for Proposal (REP)and solicited proposals from 14
local and regional custodial service firms; and
WHEREAS, on May 17, 2012, six proposals were received; and
WHEREAS, Mercedes Lanfair responded to the RFP and was chosen based omtheirestimated
annual price, reputation, proximity of management office; and experience in custodial services;
and
WHEREAS,RFP respondent Universal Building Services, whose proposal amount is $147,427,
ranking 4th highest of submitted proposals, notified City staff in atelephone conversation that
RFP respondent Mercedes Lanfair's proposal did not take into account a Proposal addendum;
and
WHEREAS, it was determined by staff that the addendum was not delivered to Mercedes
Lanfair priortosubmittal of the proposals and therefore was not addressed in the proposal
submitted by Mercedes Lanfair; and
WHEREAS, Mercedes Lanfair subsequently received the addendum and responded that its
substance did not change their proposal costs of$125,677, which is the low proposal amount, nor
did it change any other proposal information such as experience; reputation and proximity used
by City staff in evaluating the proposal.
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City hereby authorizes
theiCity Manager to execute a Professional'Services Agreement with Mercedes Lanfair, of
Petaluma CA, for custodial services in City facilities for a total of$125,677 annually and waives
alhirregular`ities in the proposal evaluation and selection proposal evaluation process.
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Attachment 2
PROFESSIONAL SERVICES AGREEMENT
JANITORIAL SERVICES CITY FACILITIES
(Title of Project)
FY Fund# Exp.Acct.#,_ Project# Amount$
For multi-year contracts or contracts with multiple accounts;
FY 121213 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 Amount$113:685
FY 13-14. Fund#,6600 Exp.Acct#66700 Project#54250 Amount$5996
FY 13_14 Fund#6700 Exp.:Acct.#67100 Project#54250 Amount$5996
FY 13-14 Fund#1100 Ezp.Acct.#.16300 Project#54250 Amount$113685
FY 14-15 Fund#6600 Exp.Acct.#66700 Project#54250 Amount'$5996
FY 14_15 Fund#6700 Exp..Acct.14 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-Lanfair, 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 terms and conditions set forth 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 Tax 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:
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
(iManage#1201137:,1)June 2012 5
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 $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 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 byithe City of Petaluma.
4. Term. The,term of this Agreement commences on the Effective Date, and terminates on
June 30, 2015, unless sooner terminated ins 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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JAMTORIAL'PROFESSIONAL SERVICES AGREEMENT 6
(Manage#1201137.I)June 2012
requesting renewal for an additional one 0) 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 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
(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.Agreementby 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'extentsuch 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 Seryices.
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 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 issued prior to said personnel
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT n
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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
in any City facility. Repeated failure to perform the Services; as outlined, shall
constitute grounds for termination ofthiscontract.
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.
MI persons in the employ of the Contractor, who will be designated 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
issued contract employee°IDlbadge 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. Thisrpetson(s) shall then be removed from the Department of
Justice Subsequent Arrest Program.
D. Contractor Contact Inforniation: 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 as result of performance of the
Services, and shall repair or replace an 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
(iManage#12011371)June 2012 6
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.
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 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 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:alltime§ 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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JANITORIAL PROFESSIONAL SERVICES AGREEMENT
(iManage#I201137.1)June 2012 9 ,
14. Inspection. Contractor shall provide the City every-reasonable opportunity to ascertain
that the Servicesare 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 the Services.
16. Confidentiality. In the course of Contractor's employment Contractor may have access
to trade secrets and confidential information, disclosure of.winch 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, 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. Assignment/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'tins Agreement, including but not limited to, procuring and
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT t)
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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 836, 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,Recvclability:.
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 thew, 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 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.
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JANITORIAL PROFESSIONAL SERVICES AGREEMENT
(iManage#I201137.1)lune 2012 I I
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 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 onreceipt 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 do 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: (70.7)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#1201137.1)June 2012 12
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 Cityy and its officers, officials, employees, agents and volunteers
from and against any and all liability, loss, damage, claims, expenses, and costs
(=luding, 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-1, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-I" 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
(IMenage#1201137.1)June 2012 13
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 of 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;atContractor'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.
10
JANITORIAL PROFESSIONAL SERVICES AGREEMENT
(;Manage 41201137.1)June 2012 14
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 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 E'YCC S La n ;(4 , ,
City Manager Name
ATTEST: d i' \AC.'y
Title
(' 4 O LCC\CCU L kC CCU
City Clerk Address
APPROVED AS TO FORM: 'Pe-k-ct 7VVtG' (A 9L( 9 4s Lc
City State Zip
•• - ® `_ ' ' •
City Attorney Taxpayer I:D.Number
APPROVED: L - O C 2 35
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Administrative Services Director
file name:
1201137.1
11 •
JANITORIAL.PROFESSIONAL SERVICES AGREEMENT
(iManage 41201137.1)June 2012 I 5
GENERAL PROVISIONS,
PROPOSALS: Contractors are required to submit a proposal on all items. Proposal submittals
that do not have all items will not be considered.
This Request for Proposals (RFP) shall result in 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 by such signature must be fulfilled.
SUBMISSIONS OF PROPOSALS: Each proposal must be submitted "on the prescribed forms
(pages 3, 4, 5, 6, 7, 8, 16 of this Proposal and page 25 if needed) in a sealed envelope with the
proposal name, closing date and time on the outside.
Information must be 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 corrections'thereof received after the closing time specified will
not be considered.
Proposals shall be for the total nefprice'including all applicable taxes and charges.
No telegraphic,telephone or facsimile of proposals will-be accepted. •If a photocopy is to be
submitted, it must be signed in original, in ink.
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 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 revisetheir proposals.
Page 9
16
SINGLE PROPOSAL RESPONSE: If only;one proposal is°received in.response'to the Request
for Proposals, a detailed cost proposal may be requested of;the?single Contractor. A cost/price
analysis and evaluation and/or audit may 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
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 contracts 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.
Page 10
17
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 Citylof Petaluma facilities during this contract
are required to be fingerprinted and have;a backgrounchcheck by a City of Petaluma public safety
official. All persons in the employ of the.Contractorand working in a.City facility must be a
United States citizen or be an individual who has 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 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.
My 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 interest of the City.
In determining and evaluating the best proposal, the prices will not necessarily be controlling,
but quality, 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.
Page 1 I
18
Notice of contract award, if contract be awarded, will be made within ninety (90) days of
opening proposals to the lowest responsive and responsible C o ntractor(s), whose 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 Th 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: 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 or 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 THE 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 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 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 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 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 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.
Page 12
19
-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, 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 Contractor or 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:
1. the ability of the product and its packaging to be reused, reconditioned for use, or
recycled through existing recycling collection programs; and
Page 13
20
2. the volume and toxicity of waste and byproduct.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 terms 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 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. 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 damaged real property, work, materials or equipment to the
satisfaction of, and at no additional cost to, the City.
it
Page 14
21
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 sanitary napkin liners.
c. The City of Petaluma shall not he 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 (I) hour of receipt. Repeated failure to return:said
calls within the specified period will result in a one percent (I%) penalty,on the current invoice.
Chronic failure to abide with this requirement will be grounds for 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 by the City representative.
Page 15
22
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
Page 16
23
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 11 English St.
• County offices 11 English St,.
• City offices 27 Howafd St.
• Public Works and Utilities/Fire Inspection offices 22 Bassett/St..
• Community Center 320 N. McDowell Blvd.
• Senior Center 211 Novak Di.
• Cavanaugh Rec. Center 426 8th St.
• Transit Building offices - 555 N. McDowell Blvd.
• Putnam Plaza Bathrooms Downtown
• Corp Yard buildings 840 Hopper St.
— Public Works and Utilities Department offices
— Breakfoomlbathrooms
• 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 3890 Cypress Dr.
• Water.Field Office 202 N.McDowell Blvd.
• Miscellaneous facilities as needed
ROUTINE JANITORIAL INCLUDES:
• Cleaning: Remove all dirt, stains;and marks with approved cleaner.
• Dry Mopping: Remove all loose dirt and litter With a sweeping tool and cloth. In places
difficult to sweep, use a brush or vacuum.
• Disinfecting: Apply approved anti-bacterial, 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.
Paae 17
24
:
• All trash cans shall be emptied and liner bags replaced as needed. I
• Restrooms shall be thoroughly cleaned and disinfected, waterless urinal cartridges,
5
deodorizers, toilet paper, paper towels and soap shall be replaced 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, dry and 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:
:: .
t`.=mss '�g"$r; �s�'�AreA�z�,.,,pis„=��'±��,.`1,�,�;Worl.`�Des'crinfion�+�'�� `r.F Fell'ucncti��,��r'r. 2SpeciaLlnsfruc ttons,"u`'°;�e
1. Lobby(101)&,Lounge(202)
1. Floor—carpet Vacuum Daily Spot clean if needed
2. Glass Entrance.Doors Wash Daily •
3. Water Fountains Clean Daily
4. Waste Cans Einpty Daily '
5. - Furniture Spot Clean Daily
6. Ash Urns Empty-Damp Wipe Daily
7. 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 bust Daily .Arrange according to.instructions
and check for damage
3. Chalkboard Clean Daily
4. Waste Can Empty Daily
4. Conference Room 2 1
1. 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 A-D
1. Floor Dust Mop/Wet Mop Daily Burnish Saturday&Sunday
2. Counter DampWipe Daily
3. Sink Clean Daily
4. Dispenser Fill/Clean Daily
5. Waste Can Einpty Daily
6. Partition Spot Clean Daily As needed
7. Furniture Damp Wipe Daily Arrange according to instructions
Page 18
25
1 . .G. I,< ,Area;,: ,is # f 1'-t,WorL.Descriritiiiii 4 1, r Frtquency".;. 1 =_•;,'Special'Jnsfructions,;;..° i'
6. Janitor's Rooms
I. Equipment Damp Wipe Daily Keep rooms cleanfat 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 .
1. Floor Vacuum Daily If instructed _
9. Activity Room
1. 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
I. Floor-carpet . Vacuum. Daily Spot clean if needed between events
2. Floor-wood Dust Mop./•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
1. 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
11. Floor Drains _ Disinfect Sunday
14. Kitchen/Service Yard If used
I. Floor Sweep/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
11. Refrigerator Spot Clean Daily
12. Freezer Damp Wipe Daily
13. Ice Machine Damp Wipe Daily
Page 19
26
14. Work Tables Damp Wipe Daily
15. Dumpster Sweep Daily If needed
16. Service Yard Hose Down If needed
15. Court Yard If used
I. 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
Administration/Operations • Fill and.clean all dispensers(products supplied'byWR&C).
Building: • Empty, clean and disinfect all waste receptacles and insert new liners (products
supplied by WR&C).
Bathrooms& Locker • Clean:and.disinfectall washbasins,counters,and fixtures with non-abrasive cleanser.
Rooms/Showers(including • Clean all minors, chrome,stainless steel and polish to shine.
public bathroom at entrance) • 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.
• 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 floors:
• Damp mop floors with disinfectant.
• Clean doors,door""glass,frames and kick plates on both sides,
• Clean and disinfect all telephones.
• Empty and clean wastebaskets, central recycling bins, 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 or 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
27
i-fv.A
,; a reus!to be 6lcaied , i.. sa - • r.., p
• 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 all trash 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:
• 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.
• Clean and disinfect countertops, sinks, exterior of appliances, interior of microwaves,
fixtures.
Laundry Room • Damp 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 cleanwalls.
• 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
r"_.4.Areas±to�bc.Cleaned ,��.; izv.
Floors • Strip,wash and wax floors per manufacturer recommendations.
• Clean grout and 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 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)
•
Windows and Blinds •• Dusvand damp wipe,blinds.
• Clean exterior of windows.
Page 21
28
D. Annual Services
?`�i° Areasto be Cleane�,K�� -e `' r» ,°c.'.. CF4r DfSCI i tlOn F
Exterior • Pressure all entryway concrete
• Pressure wash all aluminuni sunshades.
WATER FIELD OFFICE:
A. Semi-Weekly•Services
Bathrooms&Locker Rooms/ • Fill arid.clean"all dispensers(products supplied by WR&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 anddiiinfect all urinals and toilets,remoQing 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 and low areas, including vents, sills,baseboards, desks. lighting, counters
and tables.
• Clean all light fixtures(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 all trash 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.
• Pill and clean all dispensers.
Page 22
29
r't..enAYCaS•tO,be Cleaned l °ril■
• 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.
• Clean and disinfect countertops, sinks, exterior of appliances. interior of microwaves,
fixtures.
• Sweep:linoleum and tile floors,buffing vinyl once per week.
Miscellaneous Services • Janitorial closets and storage areas shall be kept clean, neat and orderly.
• Spot clean walls.
• Clean,.sanitizeand 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
t At c s'.�to be Cleaned s t•'+ I,-",yt' ;- `ta P ti,
Floors • Strip,wash and wax floors per manufacturer recommendations.
• Clean grout and 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.
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)
,,,� :tArenstdbe,Gleaiied �:, �T:z , . .
Windows&Floors ' • Clean/wash.the inside and-outside of all windows.
• Shampoo all carpets.
• All tile floors and walls to be scrubbed,detailed, and cleaned.
D. Annual Services
^z xnW -t< a.ryt< n g. a r vq M z °' ''it'
"'�,,.t'?AYea$°iQbe°CICanCti�-,..-}„ ... .�,W t. z- �1+''`rk _, a!is.e...�dyn#.�.rDC5C1'IptlOn:.I€F
Exterior • Pressure wash all entryway concrete.
• Pressure wash all aluminum sunshades.
Page 23
30
KELLER STREET PARKING STRUCTURE: Services,to be provided at the Keller Street
Parking Garage include, but are noflimited 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.
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,.painftrash 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 p.m. (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.Utilitiesor 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 work routines o€-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
31
b. Keys and alarm codes required by the Contractor;will be.isUëd 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 maintaining any building keys issued. Any lost
keys must be reported to the City representative immediately.. Contractor shall not copy any
City keys. Keys are to be made or copied only bv;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 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 Department Of Public Works
and Utilities, Manager of 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 THE 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
32
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36
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 form and 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
Coverage shall be at least as,.broad 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,limits no less than:
1. General Liability: $,1,000,000 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 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. 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. Such other insurance 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 1609 323)April 2010 -37
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 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,
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 of 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 cornplywith repotting 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.
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 1
Page 2 of 2
INSURANCE REQUIREMENTS(City)
(iManag#609323)April 2010 3 8
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 coveted entity shall:
• Acknowledge that the covered entity is aware of the Ordinanceand 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 of resolution, 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 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 havebeen 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
CPIY OF PETALUMA LIVING WAGE ORDINANCE
Page lof3
39
this Acknowledgement'and.Certification-is authorized to bind'he covered entity as to the
matters covered in,this eledgment and Certification.
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D:
- C t PC vmtt:S Date: o /o 112
Print Name of Covered Entity/Business Capacity)
By N cyCC OS Lan c&h
(Punt Name)
7.
/s/ , k_ )
(Signature)
Its OAR VA-C-
(Tide/Capacity of Authorized Signer)
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Page 2 of 3
40
II
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 PROTECTION 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 PROJECTION AGENCY AND/OR NATIONAL
LABOR RELATIONS BOARD,WHICH:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR,SUBCONTRACTOR,LESSEE,FRANCHISEE
AND/ORPARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION-FUNDED AGREEMENT OR BENEFIT SUBJECT TO
PETAI..UMA MUNICIPAL.CODE CHAP IER8.36 (LIVING WAGE ORDINANCE),AND
• HAS BEEN FILED OR PRESENTED TO YOU WITHIN:THE TEN YEARS IMMEDIATELY PRIOR
TO THE BID,PROPOSAL,SUBMISSION.OR 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 MAI 1ER AND THE MANNER OF RESOLUTION,
IF ANY,FOR EACH SUCH.CHARGE COMPLAINT,CITATION OR FINDING.
IF NONE,PLEASE STATE"NONE": t"G`C\�%
ATTACH ADDITIONAL PAGES IF NEEDED.
Date: 00 '0-A \Z
Regulatory Agency or Court: � 'C
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
41