Resolution No. 8907
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RESOLUTION NO. 8907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF REQUEST FOR
PROPOSAL FOR JANITORIAL SERVICES AT CITY HALL AND
RELATED FACILITIES
6 WHEREAS, the City of Vernon is interested in obtaining
7 proposals from service providers to perform janitorial services for
8 the Vernon City Hall and related facilities; and
9 WHEREAS, the Director of Community Services and Water has
10 requested the issuance of the Request for Proposal for Janitorial
11 Services ("RFP") pursuant to Section 2.29-2 of the Vernon City Code.
12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
13 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
15 finds and determines that the recitals contained hereinabove are true
16 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
18 directs the Acting City Clerk, or his designee, to issue
19 the RFP, a copy of which is attached hereto as Exhibit "A" and made a
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Council
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SECTION 3:
The Acting City Clerk of the City of Vernon
2 shall certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 16th day of November, 2005.
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ATTEST:
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#.P' ~9NIS C. M BURG, Mayor
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10 BRUCE V. MALKENHORST, JR.
Acting City Clerk
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1 STATE OF CALIFORNIA
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4 I, BRUCE V. MALKENHORST, JR., City Clerk of the City of
COUNTY OF LOS ANGELES
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 8907, was duly adopted by the City Council of the City
7 of Vernon at a regular meeting of the City Council duly held on
8 Wednesday, November 16, 2005, and thereafter was duly signed by the
9 Mayor of the City of Vernon.
BRUCE V. MALKENHORST, JR.
Acting City Clerk
(SEAL)
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EXHIBIT
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
WM, "BILL" DAVIS
Councilman
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SOL BENUDIZ
Police Chief
THOMAS A. YBARRA
Mayor Pro-Tern
MARK C, WHITWORTH
Acting Fire Chief
LEWIS J, POZZEBON
Director of Environmental Health
H, "LARRY" GONZALES
Councilman
S. KEVIN WILSON
Director of Community Services
W. MICHAEL McCORMICK
Councilman
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
SHARON L. DUCKWORTH
Acting City Treasurer
October 2005
CITY OF VERNON
REQUEST FOR PROPOSAL
JANITORIAL SERVICES
The City of V ernon is seeking proposals and statements of qualifications from qualified firms to
provide janitorial services for the City of Vernon.
PROPOSAL FORMAT
The proposal shall include, at minimum, the following items:
. Letter of Transmittal.
· Executive Summary - Limit to two pages.
· Understanding of, and approach to, the project.
· Experience with similar projects for the past three years and related references.
· Qualifications of the firm members and their commitment to the project.
· A detailed description of the Scope of Work.
. Proposed schedule.
· Professional fees in a separate sealed envelope.
Insurance: Before the contract is awarded, the City of Vemon will require proof of insurance to
be provided, including a standard certificate of insurance, in at least the amounts and coverage
indicated on the insurance schedule. In addition to the standard certificate of insurance, proof of
general and umbrella liability coverage shall also be furnished in the form indicated on the
attached insurance schedule. The Work Task Items described in this Request for Proposal are
only a guide to the anticipated minimum scope of work. In addition to the above items, the
proposal shall include all elements, which can reasonably be anticipated as needed to complete
the services. There is no limit to the total number of pages included in your proposal. However,
proposals should be as concise as possible while still conveying all required information.
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The following items address general proposal preparation issues:
· The consultant is solely responsible for any costs incurred by responding to this Request for
Proposal.
· The proposal shall be signed by an official authorized to bind the firm to the Proposal and
Contract.
· The firm shall comply with all Federal, State and Local regulations governing any aspect of
the project, including conflict of interest laws and regulations.
· The contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religious creed, national origin, ancestry, physical
handicap, medical condition, marital status, or sex.
· The firm shall cooperate with the City and shall promptly and appropriately respond to
feedback made by the City.
· All work shall be performed in accordance with usual and customary standards of care for
similar work performed.
· City action on proposals normally will be taken within 45 days of opening, however, no
guarantee or representation is made herein as to the time between the proposal opening and
subsequent action.
PROPOSAL SELECTION
The City reserves the right to accept or reject any and/or all proposals, to waive irregularities and
technicalities, and to request resubmission. There is no obligation on the part of the City to award
the contract to the lowest bidder and the City reserve.s the right to award the contract to the most
qualified bidder submitting a responsive proposal with a resulting negotiated agreement which is
most advantageous and in the best interests ofthe City. The City shall be the sole judge of the
proposal and the resulting negotiated agreement that is in its best interest and its decision shall be
final.
CONSULTING SERVICES CONTRACT
A sample of the City's Standard Professional Consulting Services Contract and Insurance
Requirements the successful Proposer will be required to enter into with the City is attached
hereto as Appendix "A". Please see Section 5.05 of Appendix "A" for specific insurance
requirements. Proposers are strongly advised to review all the terms and conditions of the sample
contract. If the Proposer takes exception to any provision of the attached sample contract, the
Proposer must specify each exception and give a detailed statement of why he takes exception to.
each certain provision stated in the sample contract. The extent to which the Proposer takes
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exception to the City's contract will be considered and evaluated in the contract award.
Submission of the proposing firm's standard contract, as a part of the proposal will not be
accepted.
JOB WALK
A Job Walk will be held on Tuesday, December 1,2005 at 10:00 AM. Please contact Scott Rigg
for further details. The proposed fees shall be submitted in a separate sealed envelope and
addressed to Samuel Kevin Wilson, 4305 Santa Fe Avenue, V ~mon, CA 90058, no later than
2:00 PM, Tuesday, December 22, 2005.
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JANITORIAL SERVICES REQUIRED FOR CITY HALL, POWER PLANT, LEONIS
BUILDING, TRAILERS 1 & 2, BUSINESS DEVELOPMENT CENTER AND PETRELLI
CLEANING WORK AND QUALITY REQUIREMENTS
1. TOILET ROOMS: (Includes private toilet rooms)
A. Daily:
1) Sweep and wet mop or scrub floors utilizing a cleaner - disinfectant.
Swet>,plng, Wet Mopping Scmhhine' The floors shall be cleaned with a germicidal
detergent solution and free of dirt, water streaks, mop marks, string, gum, grease, tar, etc.,
and present an overall appearance of cleanliness. All surfaces shall be dry and the corners
clean.
2) Clean and sanitize all fixtures including metal and chrome surface - water closets, urinals,
washbasins, shower stalls, mirrors, waste receptacles, shelving, dispensers and wall
surfaces, utilizing a germicidal detergent solution.
Fixtllre rlel'lning' All fixtures and metal surfaces (washbasins, urinals, toilets, shower
stalls, etc.) shall be clean with an approved germicidal detergent solution; there shall be no
dust, spots, stains, rust, green mold, encrustation, or excess moisture.
3) Empty waste receptacles, service/supplies, paper towel, soap, toilet paper and seat cover
dispensers. Empty, clean and disinfect sanitary napkin receptacles; replace soiled bags
with new ones. Collect soiled bags in separate containers for disposal.
Servlcing- All supplies shall be provided and waste receptacles shall be emptied and
sanitary napkin dispensers emptied, cleaned, disinfected and new bags inserted.
4) Spot-Clean other Surfaces and Dust Horizontal Surfaces.
Spot-rlel'lning' Smudges, marks or spots shall have been removed without causing
unsightly discoloration,
ThOTOllgh Dllsting' There shall be no dust streaks. Corners, crevices, moldings and ledges
shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces
caused by dusting tools, When inspected with a flashlight, there shall be few traces of
dust on any surface.
B. Weekly:
Damp Mop and Spray Buff all Resilient Floors.
Dl'Imp Mopp1ne l'Inci Spm;y Ruffing' Floors shall be free of streaks, mop-strand marks and
skipped areas. All w3Ils baseboards and other surfaces shall be free of splashings and
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markings from the equipment. The finished area should have a uniform luster.
Damp wipe the full surface area of all stall-partitions, doors, counter tops, shelves, and
wastepaper receptacles utilizing a multipurpose germicidal cleaner.
Dl'Imp Wiptng' All dirt, dust, water stains, spots, streaks, and smudges shall be removed
from the surfaces,
Prime (lnci Trel'lt Floor Drl'ltns'
Prime and treat floor drains with and approved liquid enzyme treatment to reduce odors
and gas smells,
C. Monthly:
Damp mop and wax all hard and resilient flooring in remaining room areas.
Dl'Imp Mopptng l'Inci Wl'Ixtng' Damp mop and wax all hard and resilient flooring. The
finished area shall have a uniform luster. Walls, baseboards and other surfaces shall be
free of residue.
Grollt I,ines' All grout lines shall be free of all stains and discoloration.
D. Quarterly:
Strip and apply four coats of floor finish to resilient floors.
Stripping' All old finish or wax shall have been removed, There shall be no evidence of
. gum, rust, burns or scuffinarks. There shall be no buildup in corners or crevices.
Finishtne' Walls, baseboards and other surfaces shall be free of finish residue and marks
from the equipment. Floors shall be free of streaks, mop strand marks and skipped areas.
2, ROOM CLEANING: Includes all office areas, file rooms, conference rooms, kitchens, Council
Chambers, lounges, health units, and the corridor space adjacent to these areas.
A. Daily:
1) Empty wastebaskets and remove trash to designated disposal area. Clean washbasins and
mirrors, as necessary; supply paper towels where dispensers are provided. Clean the areas
used for .the collection of solid wastes, Wash or steam clean all cans used for collection of
food remnants, inside and out. No chemicals or cleaners shall be used without the prior
written consent of the manager. (Note: Carts and containers used for the collection and/or
storage of waste material shall be of noncombustible or flame resistant construction.)
Recyclahle Waste rollection' All recyclable waste disposed of in designated recycling
bins throughout the buildings shall be collected and removed to an area designated by the
City.
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I,lInch Rooms' Thoroughly germa-clean lunchroom floors including tables, chairs and
counter tops with approved disinfectant.
Solid Wl'I.c:te rol1ection' All solid wastes generated in the building shall be collected and
removed to area designated for trash by the City.
Porcell'lin Wl'Ire rlf',l'Inine' Washbasins shall be clean and bright; there shall be no dust,
spots, stains, rust, green mold, encrustation, or excess moisture.
Damp Wipine Mirrors' Mirrors shall be clean and free of dirt, dust, streaks and spots.
2) Clean interior of microwaves, sinks, ovens, stoves, refrigerators and coffeepots.
3) . Clean both sides of plate glass within the building:
Interior Gll'lss Clel'lnine' Glass shall be clean and free of dirt, dust, streaks, watermarks,
spots and grime and shall not be cloudy. Cleaners shall be non-abrasive and special care
shall be taken so that glass treatments (tinting) shall not be scratched.
4) In office areas, file rooms, conference rooms, and lounge areas sweep floors, vacuum
carpet and extend the sweep or vacuum to remove obvious dirt from around and under
furniture. Remove gum from under desks and workstations.
V l'IclIlImin e' Carpet surfaces shall be free of obvious dirt, dust and other debris.
Note: For the purpose of this contract, whenever the term carpet or carpeting is used, it is
intended to include wall-to-wall carpeting as well as room size rugs and area rugs.
Swep,pine' Floor surfaces shall be free of obvious dirt or debris. Sweep with a chemically
treated mop.
011 sting' Available horizontal surfaces shall be free of obvious dust. Dust all blinds.
Dust with a treated dust cloth all horizontal surfaces that are readily available and visibly
require dusting.
5) Carpet Spotting' Excessive buildup spillages or crusted material shall have been removed
along with spots, smears and stains. There shall be no evidence of fuzzing caused by
harsh rubbing or brushing. Cleaned areas shall blend with adjacent areas of carpeting.
Spot cleaning shall be done according to manufacture recommendations,
6) Damp mop lounge areas, including kitchens, and spray buff.
Dl'Imp Moppine l'Ind Sprl'lY RlIffing' Floors shall be free of streaks, mop strand marks and
skipped areas, Walls, baseboards and other surfaces shall be free of splashings and
markings from the equipment. The finished area shall have a uniform luster.
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B. Weekly:
1). In office areas, file rooms, libraries, conference rooms and lounge areas thoroughly dust
horizontal surfaces of furniture and all wall surfaces within approximately 70 inches of the
floor and vertical surfaces and under surfaces (knee wells, chair rungs, table legs, etc.).
Clean glass desktops. Vacuum all carpet.
ThOTOlle;h Dllstine' There shall be no dust streaks. Comers, crevices, moldings and ledges
shall be free of all dust. There shall be no oils, spots or smudges on
Dusted surfaces caused by dusting cycle. -
Dl'Imp Wipine (Gll'lss Desk Top)' Glass desktops shall be free of dirt, dust, streaks and
spots.
ThOTOllgh Vl'Icll1lming' Carpets, includirig corners, shall be clean and free from dust balls,
dirt and other debris; nap on carpets shalllie in one direction upon completion of the
vacuuming task.
Sweep full floor area.
ThOTOlle;h Sweflline' Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture or behind doors,
2) Spot clean wall surfaces within approximately 70 inches of the floor,
Spot rlel'lning' Smudges, marks or spots shall have been removed without causing
unsightly discoloration,
c. Monthly:
Damp mop and wax all hard and resilient flooring in remaining room areas:
Damp Mopping l'Inci Wl'Ixine' Damp mop and wax all hard and resilient flooring. The
finished area shall have a uniform luster. Walls, baseboards and other surfaces shall be
free of residue.
Telfllhones' Germicide all telephones.
D. Monthly:
In office areas, file rooms, libraries and conference rooms, Damp wipe glass in interior
office doors, partitions and bookcases,
Interior Gll'lss rlel'lning' See quality requirements outlined in room cleaning daily, Section
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E. Quarterly:
Strip and apply four coats of floor finish to all flooring.
Strippine' All old finish or wax shall have been removed. There shall be no evidence of
gum, rust burns or scuffinarks,
Finishine. Walls, baseboards and other surfaces shall be free of finish residue and marks
from equipment. Floors shall be free of streaks, mop strand marks and skipped areas. The
finished area shall have a uniform luster.
F. Services to be Performed as Required to Maintain Quality Standards:
Wash, damp wipe, or provide plastic liners for wastebaskets to keep them in an acceptable
condition.
rlel'lning Wl'Istehl'lskets' Wastebaskets shall be free of dust, debris and residue. Plastic
liners shall not be torn, worn or contain residue.
Wipe down and treat surfaces of wood paneling.
rlel'lnine Wood Pl'Ineline' Paneling shall be free of dirt, dust, steaks and spots.
3. MAIN ENTRANCES, MAIN LOBBIES AND MAIN CORRIDORS
A. Daily:
1) Sweep bare floors and vacuum carpeted floor areas, Clean and polish metal doorknobs,
push bars, kick plates, railings and other metal surfaces; clean and polish wood handrails,
doors and other wood surfaces; clean spots and marks off walls, dust all surfaces within
approximately 70 inches from the floor.
ThOrollgh Swet>,pine' Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture or behind doors.
ThOrolle;h Vl'IC1J1Jl11ing' Carpets shall be clean and free from dust balls, dirt and other
debris; nap on carpets shall lie in one direction upon completion of the vacuuming task.
Metl'll Polishine' Metal surfaces shall be free of smears, stains and finger marks. They
shall be clean and bright and polished to a uniform luster.
Wood Polishing' Wood surfaces shall be clean and free of smudges and residue.
Spot rlel'lning' Smudges, marks or spots shall have been removed without causing
unsightly discoloration.
Thorongh Dn~tine' There shall be no dust streaks. Corners, crevices, moldings and
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ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted
surfaces caused by dusting tools.
Telephones' Germacide public telephone.
2) Damp mop and spray buff all hard and resilient floors.
Dl'Imp Moppine l'Ind Spr::lY Ruffing' Floors shall be free of streaks, mop strands marks and
skipped areas. Walls, baseboards and other surfaces shall be free of splashing and
markings from the equipment. The finished area should have a uniform luster.
3) Clean both sides of entrance door glass and glass
Surrounding entrance doors within reach.
Gll'lss rlel'lnine' All glass shall be clean and free of dirt, grime, dust, streaks, watermarks
and spots and shall not be cloudy.
B. Monthly:
All grout lines shall be clean and free of stains and discoloration,
c. Quarterly:
1) Clean and polish all door thresholds.
rlel'lnine Thresholds' Thresholds shall be clean and free of oil, grease, dirt and grime.
Strip and apply four coats of floor finish to all hard and resilient floors.
Strippine' All old finish or wax shall have been removed. There shall be no evidence of
gum, rust, burns or scuffmarks. Water solutions shall not be used on wood flooring.
Note: Additional coats of finish may be required between this frequency in order to meet
the quality requirements identified in Main Entrances, daily Sec. 2,
Finishing. Walls,. baseboards and other surfaces shall be free of finish residue and marks
from equipment. Floors shall be free of streaks, mop strand marks and skipped areas. The
finished area shall have a uniform luster.
4. STAIRWAYS:
A. Three Times Weekly: (Mon-Wed-Fri)
Sweep or vacuum stair landings and steps, dust railings, ledges, grilles, fire apparatus, and
doors.
Sweeping or Vl'IcUllming St::lirways' Landings and treads shall be free of dirt, dust, and
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other loose foreign matter.
Dllsting' Railings, ledges, grilles, fire apparatus, and doors shall be dust free.
B. Monthly:
Wet mop or scrub steps, risers and landings; clean glass surfaces and polish bright metal
and woodwork. Spot clean walls to a height of approximately 70 inches.
Wet Mopping or Scmhhing' Steps, risers and landings shall be clean and free of dirt, water
streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of
cleanliness. All surfaces shall be dry and the corners clean.
rle:ming (Gll'lss)' Glass shall be clean and free of dirt, dust, streaks and spots.
Rright Metal Polishine' Bright metal surfaces shall have a polished and lustrous
appearance.
Wood Polishing' Surfaces shall be free of dirt, dust, streaks and spots.
Spot {;lel'lning' Smudges, marks, or spots shall have been removed without causing
unsightly discoloration.
5. PETRELLI LOADING AREAS: (Includes platforms and docks)
A. Daily:
Swep,p'
Swep,ping' Loading areas, entrances, steps, porches and stairs shall be clean and free of
trash, debris and foreign matter. No dirt shall be left in corners, crevices or where
sweepings were picked up.
Mop:
Moppine' Mop with a chemical cleanser, bringing all surfaces to a uniform luster.
Spot Cleaning - Loading areas:
Spot Oel'lning' Spot clean all spots from cement floors by damp mopping or other means
as needed.
Empty Waste Receptacles and Reinsert Trash Liners as needed.
B. Quarterly:
Wet mop or scrub:
Wet Mopping l'Ind Scmhhing' Area shall be clean and free of dirt, string, gum, grease, tar,
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oil spots, etc., and present an overall appearance of cleanliness. All surfaces shall be dry
and the corners clean,
Strip and reapply cement sealer to all cement flooring.
6. PASSENGER ELEVATORS:
A. Daily:
Clean all surfaces in the interior of the car, including floor track, and polish bright metal
surfaces. Clean exterior surfaces of all doors and frames. Vacuum carpets, damp mop
and spray buff resilient floors.
Dusting (Interior Elevator Surfaces): All vertical and horizontal surfaces shall be clean
and free of dirt and dust.
Dl'Imp Wiping: Damp wipe interior and exterior elevator surfaces using a multipurpose
germicidal cleaner. All surfaces shall be clean and free of finger marks and smudges.
rlel'lnine (Rlevl'Itor floor track)' Floor tracks shall be free and clean of dirt and grime
including miscellaneous debris.
RrieJ1t Metal Polishing' Bright metal surfaces shall have a polished and lustrous
appearance.
Vl'Icll1lmine' Elevator carpets shall be free of dustballs, dirt and other debris.
Dl'Imp Moppine l'Ind Sprl'lY Rnffine' Floors shall be free of streaks, mop strand marks and
skipped areas. Walls, baseboards and other surfaces shall be free ofsplashings and
markings from the equipment. The finished area should have a uniform luster.
8. DRINKING FOUNTAINS
A. Daily:
Clean drinking fountains and replenish paper cups where dispensers are provided.
rlel'lnine Drinkine Fountains' The porcelain or stainless steel surfaces shall be clean and
bright, and they shall be free of dust, spots, stains and streaks. Drinking fountains shall be
kept free of trash, ink, coffee grounds etc.
Metal Polishing' Metal surfaces shall have a polished and lustrous appearance.
9. STORAGE SPACE
A. Monthly:
Sweep the full floor area:
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ThOTOlleh Sweeping' Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture, or behind doors.
10. ENTRANCE AND ELEVATOR RUGS
A. Every Two Months:
Clean and shampoo entrance and elevator rugs as required to maintain quality standards
. but not less than six times a year.
Shl'lmpooine (F,ntmnce l'Ind Elevl'Itor Rng::::)' Rugs shall be clean and free of dirt, grime,
stains, and excessive buildup and crusted material.
11. INTERIOR WINDOWS AND GLASS
A. Quarterly:
Wash interior building windows, including spandrel glass, glass over vestibule doors, and
all plate glass around entrances, lobbies and vestibules.
Window Wl'IRhine' Washed glass shall be clean and free of dirt, grime, streaks and
excessive moisture and shall not be cloudy. Window sashes, sills, woodwork and other
surroundings of interior glass shall be wiped free of drippings and other watermarks,
12. EXTERIOR WINDOWS
Exterior windows shall be cleaned in the following months:
. May
. August
. November
13. MINI AND VERTICAL BLINDS
A. ANNUALLY:
1) Remove from the building premises all mini and vertical blinds and wash. Blinds shall be
returned and hung within 3 working days. Clean tapes and cords.
Wl'Ishine' Both sides of blind slats shall be clean and free of dust and water.
2) Dust or vacuum all blinds at a 6 month interval from washing cycle.
Dllstine' Both sides of blind slats shall be free of dust.
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HIGH CLEANING
A. Monthly:
Clean surfaces and objects in the building approximately 70 inches or more from the floor.
This includes but is not limited to the wall and ceiling areas, ventilating and air
conditioning outlets, transoms, clocks, ceiling moldings, tops of partitions, overhead
pipes, wall fans, pictures, plaques, wall or ceiling diffusers, file cases, bookcases, lockers,
etc. Damp wipe and dry high surfaces such as transoms, clock glass, picture frames and
glass, smudged areas surrounding air grilles, diffusers, etc. Drapes shall be vacuumed in
place.
Hie;h Clel'lning' Surfaces shall be clean and free of dust. Where glass is present, both sides
shall be clean and free of streaks.
15. MISCELLANEOUS REQUIREMENTS
1) Lights shall be used only in areas where and at the time when work is actually being
performed,
2) Mechanical equipment controls for heating, ventilation, and air-conditioning systems will
not be adjusted by the workers,
3) Water faucets or valves shall be turned off after the required usage has been accomplished.
4) Windows shall be closed and lights and fans turned off when not in use.
5) Organize and train employees to participate in building fire and civil defense drills.
6) Report fires, hazardous conditions, and items in need of repair to the contracting officer's
representative,
16. SPECIAL JOBS/REQUIREMENTS
Due to other than normal conditions, (types of occupancy, traffic flow, materials of
construction, priority areas, unusual design features, etc.) the following requirements are
designated as special jobs and become a part of this contract.
Modular and/or Systems Furniture and Upholstered Furniture
A. Monthly:
Thoroughly vacuum to remove embedded dirt and dust.
ThOTOlIe;h VaCllllmlne' All modular systems and upholstered furniture shall be vacuumed
completely to remove all dirt and dust.
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Spot (;lel'lning' Check and spot clean all modular desks and upholstered furniture with
approved cleaner. All spot cleaning shall be done according to manufacture
recommendations.
17. CARPET SHAMPOOING REQUIREMENTS
A. Weekly:
During the week, check and spot clean, corridors, lobbies, individual areas, conference
rooms, and all other carpeted areas on the floors as needed. Spot clean as per manufacture
recommendation.
B. Bi-Annually:
All Carpeted areas in the City Hall, Power Plant offices and Petrelli building will be
shampooed following the manufacturers recommended procedures.
rarpet Shampooine' All carpets shall be clean, free of spots, spillages and removable
stains. There shall be no evidence of fuzzing caused by harsh rubbing or brushing.
Note: Furnishings moved during the carpet shampoo program will be replaced in their original position.
18. PHYSICAL FITNESS CENTER
A. Daily:
1) Empty wastebaskets, and remove trash to designated disposal area. Clean washbasins and
mirrors, as necessary. Replenish toilet supplies and provide paper towels for all dispensers
provided. Wash cans for collection of food remnants, inside and out and/or provide
plastic liners as deemed necessary by the Building Maintenance Foreman. Clean
appliances with appropriate cleansers.
Solid Trl'l~h rollection' All solid wastes generated at the site shall be collected and
removed to the dumpster.
rl.el'ln Applil'lnces' Surface areas of appliances will be cleaned with appropriate cleansers.
Surface areas will be grease and dirt free, Appliances will shine, no smears or streaks will
be on surfaces.
Porcell'lin or St.ainles~ Steel (;1el'lnine' Washbasins shall be clean and bright, no dust,
spots, stains, green mold, rust, or encrustation and excess moisture.
nl'lmp Wjping (Mirrors)' Mirrors shall be clean and free of dirt, dust, streaks and spots.
2) Office Furnitnre' Doorknobs, hardware, etc. shall be cleaned with appropriate cleaner -
disinfectant. All wall and door surfaces will be cleaned daily to insure dirt of any kind is
removed.
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Wall rlel'lnine' Complete and total wall and door cleaning is required on a daily basis to
include baseboards. No smudges, grease, dirt, dust, etc. are to be accumulated on the
walls surfaces. Only high quality cleaners will be used to accomplish this task.
3) Clean horizontal surfaces including tables, counters, and desk tops. Clean vertical
surfaces of cabinets.
Dustine' All surfaces shall be free of dust. Furniture surfaces will be dusted (see note), to
insure a dust free environment.
4) Vl'ICIJlJm cm-pet.
V l'IcIJlJming' Carpet and corners shall be clean and free of dustballs, dirt and other debris;
nap on carpet shall lie in one direction upon completion of the vacuuming task.
c. Weekly:
Thoroughly dust vertical surfaces of furniture, knee wells, chair-rungs, table legs, etc.
Thorough Dnstine' All surfaces shall be free of dirt and dust.
D. Quarterly:
High cleaning of surfaces and objects approximately 70 inches or more from the floor.
This includes wall and ceiling areas, ventilating and air-conditioning outlets, transcoms,
clocks, ceiling molding, tops of partitions, wall fans, pictures, plaques, all furniture and
window sills. Damp wipe and dry high surfaces.
High rlel'lning' Surfaces shall be clean and free of dust, dirt and smudges, etc.
19. GENERAL REQUIREMENTS:
The following is l'Inticipl'lted:
1) The selected janitorial Service Company will bring to our immediate attention all
observed/needed maintenance/cleaning, which may be beyond the scope of the contract.
2) City staffwill not have to tell the service company when to perform as needed
maintenance/cleaning, the Service Company will anticipate the need and if within the
scope of the contract, will perform the needed services. A schedule for monthly and
yearly cleaning activities will be provided for the City.
3) The Service Company shall provide a callout list with telephone numbers regularly
updated, to handle emergency or unusual janitorial services.
4) The Service Company shall provide a list of all employees and their supervisors, who may
work upon these premises.
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5) A periodic meeting to review service performance will be conducted, Attendees shall
include, the contract administrator, a representative of the Service Company at least one
work area manager who is a resident of the affected spaces.
6) The following products will be supplied by the City of Vernon for janitorial use and
dispensing: Urinal tabs, paper towels, toilet pape~, seat covers, liquid hand soap, trash bags
and sanitary napkins. All other products required to perform the janitorial service as
outlined shall be supplied by the contractor.
7) Sign in Reqllirement:
A log sheet shall be provided for each facility. All employees assigned by the Contractor
to work in each facility shall sign in at the beginning of the work shift and upon leaving
that facility.
8) Sllpervision and Tn~ection:
It is mandatory that the Contractor have a night-time supervisor on duty 7 days a week and
that a pager is issuedto him, and the pager number must be given to the Building
Maintenance Foreman or his designate at the start of the contract.
9) Secllring ofRllilding~:
During and after janitorial services are performed, the contractor's employees shall enter
and leave through only specified locations, Contractor's personnel shall check to be sure
all doors and windows are closed and locked, so that the area is left in a secure condition
against entry.
10) TJniforms'
The Contractor shall provide appropriate work uniforms for all personnel. Uniforms shall
be worn at all times while performing work in City facilities. Uniforms shall be Blue
"Jumpsuits". The name of the company and the words "Janitorial Service" in large White
letters must appear on the back of jumpsuit. Each employee shall have a picture
identification nametag with company name pinned on front of uniform at all times.
11) Gerwrl'll Work Provisions:
1) The contractor shall not work or perform any operation during regular business hours
unless instructed by management.
2) The contractor shall be required to assign a designated English-speaking foreman as
project manager.
3) Contractor shall provide an annual cleaning schedule outlining specific cleaning tasks
to be performed.
4) Maintenance crews shall not use any office equipment i.e" phones, fax machines,
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copiers etc.
12) Rel'lsonl'lhle Time Frl'lmes l'Ire definedl'lR follows'
1) Emergency service notification must be responded to within two hours.
2) Areas impacted and affected by health and safety issues shall be immediately be
barricaded to inform the public and City personnel of potential dangers in that area
3) All other issues will receive written notification ("Punch List") giving two (2) working
days for completion. If the deficiency is not corrected within the required tWo-day period,
any item that has not been corrected may be completed by the City or by other contractual
services and actual costs will be charged to the Contractor without further notification.
13) General ronditions'
1) All damages that, in the City's opinion, are due to the Contractor's operation, shall be
repaired at.the contractor's expense.
2) The Contractor agrees to perform all work in a manner as to meet all acceptable
standards for safe practices during maintenance operations.
3) It shall be the Contractor's responsibility to inspect and identify any practices and
conditions that render any portion of the maintained areas unsafe.
4) If any person employed by the Contractor, or any subcontractor, shall fail or refuse to
carry out the directions of City management, or in the opinion of management, is
incompetent, disorderly, or uses threatening or abusive language to any person on the
work site, shall be discharged from the project immediately.
5) The Contractor warrants that in the performance of this Agreement, it shall comply with
all Federal, State and local laws and ordinances.
The work hours for each area shall be as follows:
1) 2nd and 3rd Floors: Monday through Thursday 1730 - 0400 hours.
2) 1 st and Basement Floors (Monday through Sunday) and Petrelli Building: Monday
through Friday 1730 - 0400 hours.
3) Petrelli Loading Dock area: Monday through Friday 0830 - 1130 hours.
FLOORING SURFACE AREA
City Hall Basement:
Carpet:
1,000 sq/ft.
Ceramic Tile: 350 sq/ft.
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Vinyl Tile:
Concrete:
3,600 sq/ft,
300 sqlft.
City Hall First Floor:
Carpet: 5,500 sqlft.
Ceramic Tile: 2,100 sqlft,
Vinyl Tile: 1,600 sqlft.
Rubber Tile: 300 sqlft.
Concrete: 300 sq/ft.
City Hall Second Floor:
Carpet: 17,200 sqlft.
Ceramic Tile: 8,000 sqlft.
Vinyl Tile: 1,800 sq/ft.
Rubber Tile: 300 sqlft.
. Concrete: 300 sqlft.
City Hall Third Floor:
Carpet: 6,000 sqlft.
Ceramic Tile: 450 sqlft.
Vinyl Tile: 2,300 sqIft.
Rubber Tile: 300 sq/ft.
Concrete: 200 sqlft.
Petrelli Building:
Carpet: 1,600 sqlft.
Ceramic Tile: 125 sq/ft.
Vinyl Tile: 2,380 sq/ft.
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Light and Power:
Carpet: 600 sqlft.
Ceramic Tile: 140 sq/ft.
Vinyl Tile: 3,400 sqlft.
Concrete: 450 sqlft.
Leonis Building:
Carpet:
Vinyl Tile:
3,686 sq/ft
246 sqlft
Business Development Center First Floor:
Concrete:
20,000 sq/ft
Business Development Center Second Floor:
Concrete: 20,000 sq/ft
Malburg Generation Station First Floor:
Carpet:
Vinyl Tile:
1,833 sqlft
3,497 sqlft
Malburg Generation Station Second Floor:
Carpet:
Vinyl Tile:
2,816 sqlft
1,195 sqlft
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PROPOSED BIDDING SCHEDULE
CITY OF VERNON
CITY HALL AND RELATED FACILITIES
FACILITY AREA IN SOUARE FEET MONTHLY COST
City Hall 5,250 $
Basement
City Hall First 9,800 $
Floor
City Hall Second 27,600 $
Floor
City Hall Third 9,250 $
Floor
Petrelli. BuildinQ' 4105 $
LiQ'ht and Power 4590 $
Business 20,000 $
Development
Center - First
Floor
20,000 $
Business
Development
Center - Second
Floor
Malburg 5,330 $
Generation
Station - First
Floor
Malburg 4,011 $
Generation
Station - Second
Floor
TOTAL COST PER MONTH $
Submitted by:
Address:
Signature:
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MISCELLANEOUS JANITORIAL SERVICES (Not Additional Cost Items)
1) FLOORING: Strip and apply four (4) coats of floor finish to flooring.
. ITEM 1 ' Ceramic Tile:
Cost Per Quarter Per Square Foot:
. ITEM 2' Vinyl Tile:
Cost Per Quarter Per Square Foot:
. ITEM l' Rubber Tile:
Cost Per Quarter Per Square Foot:
2) PETRELLI LOADING AREAS: (Includes platforms and docks)
. ITEM 1 . Wet mop or scrub platforms and docks and reapply cement sealer to all cement
flooring.
Cost Per Quarter Per Square Foot:
3) ENTRANCE AND ELEVATOR RUGS
. ITEM 1 . Clean and shampoo entrance and elevator rugs as required to maintain quality
standards, This shall be performed not less than six times a year.
Cost Bi-Monthly:
4) WINDOWS AND GLASS
. ITRM l' Exterior Glass: Wash all exterior-building windows leaving no visible
streaking.
Cost Per Quarter:
. ITEM 2' Interior Glass: Wash all interior-building windows leaving no visible
streaking.
Cost Per Quarter:
5) MINI AND VERTICLE BLINDS
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. ITEM 1 . Remove from the building premises all mini and vertical blinds and wash.
Blinds shall be returned and hung within 3 working days. Clean tapes and cords.
Cost Annually:
. ITEM 2' (Every Six Months) Dust or vacuum all blinds at a 6-month interval from
washing cycle. Both sides of blind slats shall be free of dust.
Cost Every Six Months:
6) CARPET SHAMPOOING REQUIREMENTS (Bi-Annually)
. ITEM 1 . All carpeted areas in the City Hall, Power Plant offices and RMI building shall
be shampooed as per the manufacturers recommended procedures.
Cost Per Square Foot:
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APPENDIX "A"
SERVICES AGREEMENT
This AGREEMENT ("Agreement") is made, entered into and executed in duplicate
originals, either copy of which may be considered and used as the original hereof for all purposes, as of
this _ day of ,2005, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN
CITY OF VERNON, a municipal corporation,
hereinafter referred to as the "City"
4305 Santa Fe Avenue
Vernon, California 90058
AND
***
hereinafter referred to as the "Contractor"
***
***
RECITALS
WHEREAS, the City has determined to retain the services of an independent contractor
to perform ***; and
WHEREAS, Contractor has prepared a proposal dated ,2005,
for the Services relating to , a copy of which is attached hereto as Exhibit _ and
incorporated by this reference (the "Proposal"); and
WHEREAS, Contractor represents that it is qualified artdcapable of furnishing the labor,
materials and expertise necessary to perform the Services that the City requires, as set forth in this .
Agreement, and is willing to do so on the terms and conditions set forth below; and
WHEREAS,
acceptable to the City; and
have been bid, and Contractor's cost proposal is
WHEREAS, the City desires to enter into an agreement with Contractor to provide the
services on a contract basis as defined in the terms and conditions set
forth below,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. TERM OF CONTRACT
1,01. This Agreement will become effective on
effect for ***.
,2005, and will continue in
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SECTION 2.
DEFINITION OF TERMS
2.01. Whenever used in the Agreement, the following terms shall mean:
A. "Agreement" shall mean that formally executed Services Agreement or Contract which
includes the Contract Documents attached. The Agreement constitutes the entire
Agreement between the parties relating to its subject matter.
B. "City" shall mean the City of Vernon, California, the entity which has executed the
Agreement and, where applicable, its affiliated companies, and its officers, directors,
employees, representatives and agents.
C. "Contractor" shall mean and, where applicable, its affiliated
companies, and its officers, directors, employees, representatives and agents.
D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may
have, but not necessarily, preceded execution of the Agreement, and including the
General Provisions and all exhibits and schedules attached to the Agreement and all plans
and specifications identified in the Contract Documents,
E. "Contract Price" shall mean the compensation set forth or provided for in Sections 4.01
and 4.02 of this Agreement. Whether it expressly provides for the reimbursement of
costs incurred by Contractor or simply for the payment of a lump sum of money, it is
intended to be the full and complete payrilent for satisfactory completion of the work and,
unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor,
services and taxes and all overhead, rentals and profit or fee, if any.
F. "General Provisions" or "General Conditions" shall mean the General Provisions as set
forth in this Agreement.
G, "Premises" shall mean the physical premises under City's control or ownership where
Work hereunder is to be performed,
H. "Proprietary Information" and "Confidential Information" shall mean all information,
whether written or oral, which Contractor acquires from, through or on behalf of City,
directly or indirectly, or which arises out of the Work, concerning the Work or
proprietary processes involved in the Work including, without limitation, information
concerning past, present or future business plans of City, information about the
operations of City's Premises, and other City information or know-how obtained during
the work, except information falling into any of the following categories:
1, Information which, at the time of disclosure hereunder, is in the public domain;
2, Information which, after disclosure hereunder, enters the public domain, except
where such entry is the result of Contractor's, or any entity within Contractor's
control, breach of this Agreement;
3, Information which, prior to disclosure hereunder, was already in Contractor's
possession without limitation regarding disclosure to others; or
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4, Information which, subsequent to disclosure hereunder, is obtained by Contractor
from a third party who is lawfully in possession of such information and not
subject to a contractual or fiduciary relationship to City with respect to said
information and who does not require Contractor to agree to refrain from
disclosing such information to others,
I. "Subcontractor" shall mean any first or lower-tier subcontractor and its employees,
representatives, agents, subcontractors or other personnel who have been approved in the
manner required by this Agreement.
J. "Work" or "Services" shall mean the services performed by Contractor as more
specifically delineated in Section 3 below,
SECTION 3, SERVICES TO BE PERFORMED BY CONTRACTOR
Specific Services
3,01. Contractor agrees to perform ***
3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take
all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel.
Change of Services
3,03. City may at any time, by written change order executed by the City Clerk, make changes only to
extend the work duration and total compensation of Contractor's Work. Changes in the scope of
work, or duties and obligations, shall be authorized only by the City,
3.04, City may make changes by increasing, reducing or deviating from the requirements of the scope
of Work. A form of Change Order is set forth in Exhibit attached hereto and
incorporated by reference.
Timing of Services
3,05. Contractor's Services shall commence upon the execution of this Agreement by both parties and
shall end when Contractor has completed the Work described in Section 3.01 of this Agreement,
unless this Agreement is otherwise terminated according to Section 6 of this Agreement.
Method of Performing Services
3.06, Contractor will determine the method, details, and means of performing the above-described
Services,
Status of Contractor
3.07. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as
an independent contractor, Contractor agrees that it is not and will not become an employee,
partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not
entitled to the rights or benefits afforded to City's employees, including disability or
Page 3 of 14
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unemployment insurance, workers' compensation, medical insurance, sick leave, or any other
employment benefit. Contractor is responsible for providing, at its own expense, disability,
unemployment, and other insurance, worker's compensation, training, permits, and licenses for
itself and for its employees and subcontractors. Contractor shall have complete and sole control
over its employees, the details of the Services and methods by which the Services are
accomplished, it being understood that City is interested only in the results to be obtained by
Contractor,
3.10. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement
does not create a partnership or joiilt venture between the parties.
Payment of Taxes
3.11, Contractor is responsible for paying when due all income taxes, including estimated taxes,
incurred as a result of the compensation paid by City to the Contractor for Services under this
Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties,
interest, or damages suffered by City resulting from Contractor's failure to comply with this
provision,
3.12. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on
behalf of Contractor or for the employees of the Contractor, Contractor shall not be treated as an
employee with respect to the Services performed hereunder for federal or state tax purposes.
Contractor shall be responsible to pay taxes mandated by law.
3.13. Since Contractor is not an employee of City, Contractor is not eligible for and shall not
participate in any employee benefit of City, including pension, health or other fringe benefits.
SECTION 4. COMPENSATION
4,01. In consideration for the Services to be performed by Contractor, described in Paragraph 3.01,
City agrees to pay Contractor the amount of *** Dollars ($***),
Entire Compensation
4,02. The Contract Price is full and complete compensation, and constitutes the entire compensation
due Contractor for the Services and any and all of Contractor's obligations hereunder. The
Contract Price includes without limitation compensation for applicable taxes, customs duties,
fee.s, overheads, profit, travel time to and from the Premises and all other direct and indirect costs
incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not
subject to escalation for any reason, except as expressly provided for in this Agreement. No
adjustments in compensation shall be made as a result of changes in the value of any currency.
The Contract price shall only be adjusted by formal, written Change Order or amendment to this
Agreement. If the City opts to extend the term of this Agreement, Contractor's rates, as listed in
this Agreement, shall be increased or decreased by seventy-five percent (75%) of the Consumer
Price Index (all Urban Consumers) for the Los Angeles-Riverside-Orange County area for the
twelve (12) month period prior to the beginning of each extension.
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Payment of Compensation
4,03, For Services rendered under Paragraph 3.01 of this Agreement, City agrees to pay Contractor the
sum set forth in Paragraph 4.01 of this Agreement on completion of *** and within thirty (30)
days of acceptance and approval of an invoice prepared in accordance with City requirements.
4,04, Contractor shall be responsible for paying any subcontractors used in the performance of this
Agreement. Subcontractors shall not bill the City directly.
Expenses
4,05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses
may only be billed if advance written approval has been obtained from the City Administrator,
Compensation for Changes
4.06, The compensation due Contractor, or the credit due City, for changes may not be established
verbally, and shall be established by a written change order signed by City as described in
Sections 3.04 and 3.05 of this Agreement. Compensation adjustments in each such change order
shall be established by one ormore ofthe following bases, as determined by City: (a) a lump sum
price to be negotiated between the parties; or (b ) Work unit rates to be negotiated between the
parties. Once established, the amount of the compensation due Contractor or credit due City for a
change shall not be subject to adjustment for any reason, including changes in the value of any
currency.
SECTION 5. OBLIGATIONS OF THE PARTIES
5,01. Contractor is responsible for meeting all conditions of this Agreement and City Standards &
Details for all Work performed. Substandard Work, as determined solely by the City, shall be
redone at the expense ofthe Contractor.
5,02. Contractor is responsible for damage resulting from performing repair and clean up of the
effected area.
5.03. Contractor will perform the services under this Agreement on City's Premises during regular
business hours or as directed by City.
Tools, Materials, and Equipment
5,04. Contractor will supply all tools, materials, supplies and equipment required to perform the
Services under this Agreement.
Liability Insurance
5.05. Contractor and its subcontractor(s), ifany, shall, prior to commencement of any Work and for the
duration of this Agreement, obtain and maintain at its own expense, those minimum levels of
insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall
provide the City with proof of insurance providing and maintaining the coverages and
endorsements set forth below. Said proof of insurance shall also provide that said policy or
Page 5 of 14
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policies shall not be canceled or materially reduced in coverage without giving at least thirty (30)
days prior written notice to the City,
5.06. The insurance coverage as listed herein shall be properly endorsed to include those contractual
.obligations which may be identified further within this Agreement and shall he endorsed to
provide City all the rights and privileges of an additional insured.
5.07, Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance
or, upon request, certified copies of the insurance policies evidencing that the coverages and
policy endorsements required under this Agreement, are maintained in force.
5.08, Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as
specified in this Agreement and that the City is endorsed as additional insured(s) on all required
Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in
effect the following minimum insurance coverages on an Occurrence Form Policy:
1. Workers Compensation within the statutory limits, including occupational illness or
disease coverage in accordance with the laws of the nation, state, territory, or province
exercising jurisdiction over Contractor's employees. Workers Compensation and
Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence.
Contractor further agrees to hold harmless and indemnify City for any and all claims
arising out of an injury, disability, or death of any of Contractor's employees or agents.
2, Comprehensive General Liability Insurance, including, but not limited to, Contractual
Liability, Products and Completed Operations Liability, Broad Form Property Damage
and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a
minimum combined single limit of $2,000,000 per occurrence,
3. Comprehensive Automobile Insurance, including, but not limited to, all owned, non-
owned or hired vehicles with a minimum combined single limit of $1,000,000 per
occurrence for bodily injury and property damage.
4. Excess Liability Insurance with limits of $2,000,000, Such evidence of insurance can
either be through the primary insurance coverages or through an excess policy. Such
insurance shall at all times be on an occurrence form and provide policy conditions as
broad as those required in the primary insurance,
Representations
5,09, To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City
and its elected officials, officers, agents and employees from all claims, suits, actions, demands,
damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs
and expenses incurred in connection therewith, including reasonable attorney's fees and all costs
of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its
employees or agents under this Agreement, except to the extent arising from or caused by the sole
negligence or willful misconduct of the City, its officers, agents or employees. The terms of this
indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are
in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on
the amount or type of insurance coverage carried by Contractor. .
Page 6 of 14
5.10, Contractor and City represent that each has read and understands the Agreement and Contract
Documents, The Contractor represents it understands the City's regulations concerning Premises
access, badges, parking, security, safety, fIre, prohibited drugs and alcohol, and smoking and
other rules, and that Contractor has visited Premises where the Work is to be done and is familiar
with the local conditions under which it is to be done. Contractor also represents that it is
experienced in performing and competent and qualified to perform the kind of tasks or
assignments included in the Work and employs or has available for employment in suffIcient
numbers all unskilled, skilled, administrative, supervisory, professional and managerial or oth~
personnel required to perform the Work as required by this Agreement.
5.11. Contractor represents that it has the qualifIcations and skills necessary to perform the Work under
this Agreement in a competent, professional manner, without the advice or direction of City. This
means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the
Services required under this Agreement constitutes a material breach of the Agreement.
5.12. Contractor declares and states that it has complied with and will continue to comply with all
federal, state and local laws regarding business permits and licenses that may be required to carry
out the Services to be performed under this Agreement.
5,13, Contractor agrees to indemnify, defend, and hold City free and harmless from all claims,
demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies,
including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach
by Contractor of any representation or provision contained in this Agreement or any negligent or
intentional acts or omissions by Contractor, it subcontractors, agents, and employees.
5.14, Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or
subcontracted without the prior written consent of City. Any assignment or delegation or
subcontract in violation of this Section shall, at City's sole discretion, be void, Consent by City
shall not relieve Contractor of responsibility for performance of Contractor's obligations
hereunder, City may assign all or any part of this Agreement at any time effective immediately
upon written notification to Contractor.
Work Injury
5,15, The treatment and care of injuries sustained by Contractor's employees, subcontractors, agents,
representatives or other personnel shall be and remain the responsibility of Contractor. City's
first aid facilities, if any, however, will be made available to Contractor's employees in
emergency cases which are the direct result of accidents occurring on the Premises. City shall
incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of
action, claim, liability or costs, including attorney's fees, arising in whole or part out of the
furnishing of such first aid or assistance to Contractor's employees, subcontractors, agents,
representatives or other personnel, or out of the failure to furnish such facilities or assistance.
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Records, Inspection and Audit
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5,16. During the course of Work being performed, Contractor and any of its subcontractors, shall
maintain and retain, not less than three (3) years after completion thereof, complete and accurate
records of the Contractor's costs which are chargeable to the City under this Agreement. City or
its designated, authorized representatives, shall have the right during this three (3) year period,
upon written reasonable notice, to inspect and audit those records. Such records to be maintained
and retained by the Contractor shall include: (a) payroll record accounting for the Contractor's
employees working full or part time on the Work; (b) invoices for purchases, receiving and
issuing documents, and all the other unit-inventory records for the Contractor's stores, stock or
capital items; (c) paid invoices and canceled checks for material purchased and for the
subcontractor's and any other third parties' charges; and (d) any other documentation City deems
necessary to support costs and charges under this Agreement.
Corporate Conduct
5.17. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or
employee of City, gifts, entertainment, payments, loans or other gratuities to influence the award
of a contract or obtain favorable treatment under this Agreement or any other contract.
Standard of Care
5.18. Contractor agrees that all services provided will be conducted by the principal and competent
staff members, if any, under the supervision of the principal, and that services will be performed
and rendered diligently, Contractor represents that it has, or shall secure, at its own expense, all
personnel required to perform Contractor's Services under this Agreement, but at all times shall
be responsible for the Services of such personnel. Contractor may not employ any subcontractor
without the prior written approval of the City,
Indemnity Process
5.19. The City shall notify Contractor in writing of any suits, claims or demands covered by any
indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall
assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor
fails, within a reasonable time after receipt of such notice, to assume the defense with counsel
reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect
conflict of interest exists between the parties with respect to the claim, or if in the sole judgment
of City the assumption and conduct of the defense by Contractor would materially and adversely
affect City in any manner or prejudice its ability to conduct a successful defense, then the City
shall have the right to undertake the defense, compromise and settlement of such claim for the
account and at the expense of Contractor. Notwithstanding the above, if the City in its sole
discretion so elects, City may also participate in the defense of such actions by employing counsel
at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor
shall not settle or compromise any claim or consent to the entry of any judgment without the prior
written consent of the City and without an unconditional release of all liability by each claimant
or plaintiff to the City,
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Treatment of Confidential and Proprietary Information
.,
5.20. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using
any Confidential or Proprietary Information except in connection with the Work or from
disclosing it to any third party other than to employees of Contractor who require it in
performance of the Work and except to such other third persons as City may authorize in writing.
If disclosll!e to such an employee or to other third persons is so authorized, Contractor shall enter
into with said party a confidentiality agreement containing provisions with respect to use and
disclosure of Proprietary Information substantially the same as those contained in this Agreement.
5.21. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary
Information which City may supply to Contractor hereunder. Contractor may copy, in whole or
part, such documents to the extent necessary for the performance of the Work, and Contractor
shall return to City upon the completion of the W orkor request by City all such documents and
copIes,
Compliance with Authority
5.22, Contractor shall comply with all laws, regulations, executive orders and other applicable
requirements of any governmental agencies having jurisdiction including the Fair Labor
Standards Act, the Occupational Safety and Health Act and all those relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed, religion,
sex, sexual preference, age or national origin,
5.23. Contractor shall make timely payment of all employment taxes and of all social security and other
contributions of every kind required to be made with respect to or measured by the wages and
salaries of persons employed by Contractor.
5.24, Contractor shall indemnify City against, and hold City harmless from, any liability or loss
including liability or loss from fines or penalties arising out of Contractor's failure to perform the
obligations imposed upon it by Sections 5.24 and 5,25 of the Agreement.
Progress Reports
5.25, Contractor shall meet with City staff, upon City's request, or as needed, in order to provide
reports or information concerning the Services being performed by Contractor under this
Agreement.
SECTION 6. TERMINATION OF AGREEMENT
6.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect
for a period of one (1) year after the effective date of this Agreement, unless otherwise extended
according to the terms and conditions set forth in this Agreement.
Non-Default Termination
6.02, City, at its sole discretion, may terminate this Agreement upon thirty (30) days written Notice to
Contractor and such termination shall be effective in the manner specified in such Notice and
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shall be without prejudice to any claim that either party may have against the other. During the
· thirty (30) day period after such notice is sent, the parties shall continue to act toward each other
in good faith.
6.03, In the event of any such termination, in full and complete settlement for the termination 'ofthe
Work, City shall pay Contractor for those Services performed prior to the date of delivery of the
termination notice, plus compensation for (i) necessary Work performed during the notice period
and authorized in the termination notice, and (ii) all costs reasonably and necessarily incWTed by
Contractor directly attributable to termination which could not reasonably have been avoided and
for which Contractor is not otherwise compensated that are incWTed through the date of
termination and effectuating the termination (''Termination Expenses"). Termination Expenses
shall not include lost profits, lost opportunities,. consequential damages, or the like. In no event
shall total payment exceed the Contract Price.
Termination on OccWTence of Stated Events
6,04, This Agreement will terminate automatically on the OCCWTence of any ofthe following events:
A. Bankruptcy or insolvency of either party; or
B. Sale of the Contractor; or
C. Assignment of this Agreement by Contractor without City's written consent.
Termination for Default
6,05. If Contractor defaults. in the performance ofthis Agreement or materially breaches any of its
provisions, City may terminate this Agreement by giving written notification to Contractor.
Termination will take effect immediately on receipt of notice by the breaching party or three (3)
days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material
breach of this Agreement includes, but is not limited to, the following:
A. Contractor's failure to complete the Work specified in Paragraph 3.01 and 3,02 of this
Agreement; or
B. Contractor's material breach of any representation or provision contained in Section Five
(5) of this Agreement.
6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver
of any different or later breach; nor shall any delay or omission by either party to exercise any
right it may have hereunder operate as a waiver of such a right. The failure of either party to this
Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof
and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
6.07. In the event of any termination of this Agreement or reduction in the scope of the Work,
Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the
Work or any other damages because of such termination or reduction,
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SECTION 7. GENERAL PROVISIONS
Notices
7.01. All notices, approvals, consents and other communications between the parties shall be in writing,
and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses
set forth below, or at such other address as may be furnished by either party to the other in
writing, Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day
the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or
the third (3 rd) day after mailing, whichever occurs first.
Contractor:
City:
***
City of Vernon
Attn: Bruce V, Malkenhorst, Jr., City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: ***
***
***
Fax:
Telephone:
***
***
Fax:
Telephone:
323-826-1438
323-583-8811 ext 260
Entire Agreement of the Parties
7.02. This Agreement supercedes any and all agreements, either oral or written, between the parties
with respect to the rendering of Services by Contractor for City and contains all of the
representations, covenants, and agreements between the parties with respect to the subject matter
of this Agreement and the rendering of those Services. Each party to this Agreement
acknowledges that no representations, inducements, promises, or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party, which are not contained in
this Agreement, and that no other agreement, statement, or promise not contained in this
Agreement or a subsequent amendment or change order shall be valid or binding. No amendment
or change in the provisions of this Agreement shall be made, except in a formal written
amendment signed by Contractor and an authorized representative of the City, or in a written
change order. Contractor expressly waives all claims for compensation based upon quantum
merit, implied contract or oral contract. Each party represents and warrants that it has read and
fully familiarized itself with this Agreement, and that such party has been fully authorized to sign
this Agreement.
7,03. This Agreement shall be comprised of these included provisions, together with Exhibits A and B,
which are all attached. In the event of conflict between this Agreement and any of the exhibits,
including the Proposal, this Agreement shall prevail.
Partial Invalidity
7,04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the remaining provisions will continue in full force and effect without being
impaired or invalidated in any way.
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Law and Arbitration
7.05, All disputes arising out of or related to this Agreement, the conduct of either party in connection
with this Agreement, and the relationship and rights of the parties in connection with this
Agreement, whether characterized as breach of contract. tort, or otherwise (except for those
requesting injunctive relief) shall be determined by binding arbitration in accordance with the
terms of this Section. The submittal of all matters to arbitration in accordance with the terms of
this Section is the sole and exclusive method, means and procedure to resolve any and all claims,
disputes or disagreements arising under this Agreement, except for claims by either party which
seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los
Angeles County, California, the decision of which court shall be subject to appeal pursuant to
applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall
at all times conduct themselves in accordance with the terms of this Section, relying on arbitration
as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated
hereunder shall take place before a panel of three retired judges of the Superior Court of the State
of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services,
Inc, ("JAMS"), Such arbitration shall be initiated by the parties, or either of them, within ten (10)
calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to
the other party and to JAMS. The Arbitration Notice shall contain a description of the subject
matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the
remedy or determination sought. Each party shall select a retired judge from the JAMS panel,
and the two selected judges shall mutually agree on the third retired judge from the JAMS panel.
If one of the parties does not select a retired judge from the JAMS panel within fourteen (14)
calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the
judge selected by JAMS and the judge selected by the other party will select the third judge for
the panel. The third judge is to be selected within ten (10) calendar days following the selection
of the first two judges, The three judges will together serve as the Arbitrators. The arbitration
shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or
other authorized representative, In rendering a decision(s), the Arbitrators shall determine the
rights and obligations of the parties according to the substantive and procedural laws of the State
of California and the terms of this Agreement. The decision of the Arbitrators shall be based on
the evidence introduced at the hearing and accompanied by a written statement of decision as to
each of the principal controverted issues, The agreement of two of the three Arbitrators as to the
resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written
decision to the parties within thirty (30) calendar days following the date of the selection of the
last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be
confirmed as a judgment by the Superior Court of the State of California, subject only to
challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The
validity and enforceability of the decision of the Arbitrators is to be determined exclusively by
the California courts.
Attorney's Fees
7,06, In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party
shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be
set by the arbitrators and/or court in the same action or in a separate action brought for that
purpose, in addition to any other relief which is obtained.
7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a
failure of performance shall be due to an uncontrollable force. The term "uncontrollable force"
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shall mean any cause beyond the control of the party affected, including, but not restricted to,
.. flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience,
federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United
States Government or any other government, which by exercise of due diligence such party could
not reasonably have been expected to avoid and by exercise of due diligence has been unable to
overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by
reason of an uncontrollable force shall give written notice within five (5) business days of such
fact to the other party and shall exercise due diligence to remove such inability with all
reasonable dispatch,
7,08, The captions used in this Agreement are for convenience only and shall in no way define, limit or
describe the scope or intent of the Agreement or any part thereof.
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IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below.
\,;
Executed at
, California, on
,2005.
City:
City of Vernon
Leonis C. Malburg, Mayor
Date:
ATTEST:
,Bruce V. Malkenhorst, Jr" Acting City Clerk
APPROVED AS TO FORM:
Eric T. Fresch, City Attorney
Contractor:
***
Signature:
Print Name:
Title:
Date:
Signature:
Print Name:
Title:
Date:
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INSURANCE REQUIRED TO BE SUBMITTED TO THE CITY
1. An endorsement naming the City of Vernon, its officers, and empioyees as insureds
under the policy.
2. An endorsement providing the City of Vemon thirty (30) days notice of cancellation or
material reduction of coverage.
3. An endorsement providing coverage for all operations under the City ofVemon permit
and specifying the activities covered.
4. Such other endorsement as may be required by addendum hereto.
5. A copy of your general and umbrella insurance policy declarations page.
6. Copy of schedule of forms of endorsements.