Resolution No. 2010-152RESOLUTION NO. 2010-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR JANITORIAL SERVICES
WHEREAS, the City of Vernon is interested in obtaining
proposals from qualified contractors to provide janitorial services
for Vernon City Hall,_ the Public Works Building, Vernon Light & Power,
the Leonis.Building and the Petrelli Building; and
WHEREAS, the Director of Community Services & Water has
requested the issuance of a request for proposals for -janitorial
services (the "RFP").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2 The City Council of the City of Vernon hereby
directs the City Administrator, or his designee, to issue in
accordance with Vernon City Code Section 2.29-2 the RFP, a copy of
which is attached hereto as Exhibit A, to one or more qualified
contractors, and to report to the City Council on the -proposals
received with a recommendation for action.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 15t day of November, 2010.
Name: Hilario Gonzales
Title: Mayor /
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-152, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, November 1, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of November, 2010, at Vernon, California.
Willard a aguq6h1 City Clerk
(SEAL)
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COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community -Services & Water
4305 Santa Fe Avenue, Vernon, Califoriva 90058
Telephone (323) 583-8811 Fax (323) 826-1435
CITY OF VERNON
REQUEST FOR PROPOSAL
JANITORIAL SERVICES
November 2010
The City of Vernon is seeking proposals and statements of qualifications from qualified firms to
provide janitorial services to. the City of Vernon.
PROPOSAL FORT
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's members and their commitment. to the project.
• ` A detailed description of the Scope of Work:
• Proposed' schedule.
• Professional fees in a separate sealed envelope.
The following. items address general proposal -preparation issues:
The contractor is' solely responsible for any costs incurred by responding to this Request for
Proposal.
• The proposal shall be signed by an official or representative authorized to bind the firm
to a Contracting Services Agreement with the City Contract and the Proposal.
• The contractor shall comply with all Federal; State and Local regulations governing any
aspect of the project, including conflict of interest laws and regulations.
Exclusivefy Industriaf
• The contractor shall, in. all solicitations or advertisements for employees
p yees placed by or on
behalf of the contractor; -state that all :qualified applicants will receive consideration for
employment without 'regard to : race, `:color, religious deed, :national origin, ancestry,
physical handicap, medical condstion,;mantal status, or sex.
• The contractor shall cooperate with, the Cityand 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. The City reserves the right to award the contract to the most
qualified bidder who submits a responsive proposal with a resulting negotiated agreement that is
most advantageous to and in the best interests of the City. The City shall be the sole judge of the
proposal and the resulting negotiated agreement, and its decision shall be final.
-CONTRACTING SERVICES AGREEMENT
A sample of the City's Standard Professional Contracting Services Agreement and Insurance
Requirements that the successful Proposer will be required to enter into with the City are herein
attached. Proposers are strongly advised to review all the terms and conditions of the sample
Agreement. If the Proposer takes exception to `any provision of the attached sample Agreement,
the Proposer must specify each provision and give a detailed statement of why -he -.takes exception
to each such provision. The extent to which the Proposer takes exception 'to provisions in the
Agreement will be considered and evaluated in the Agreement award. Submission of the
proposing firm's standard agreement as a part of the proposal will not be accepted.
JOB WALK
A Job Walk will be held on Tuesday, November 23, 2010 at 9 00 AM. Please -contact Scott Mgg
for further details.
PROPOSAL SUBAUTTAL
The proposal and fees shall be submitted to Samuel Kevin Wilson, Director of Community
Services, 4305 Santa Fe Avenue, Vernon, CA 90058, no later than MO P.M. on Tuesday,
December 7, 2010. The contractor shall submit four (4) copies of the subject proposal and fee
schedule. The fee schedule shall be submitted in a separate sealed envelope.
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JANITORIAL SERVICES REQUIRED FOR CITY HALL, PUBLIC WORKS FACILITIES,
LIGHT & POWER BUILDING, LEONIS BUILDING, AND PETRELLI BUILDING
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.
Sweeping. Damp Mooning Scrubbing The floors shall be cleaned with a germicidal
detergent solution, be free of dirt, water streaks, mop marks string,
and present an overall appearance of cleanliness. All surfaces shall be dry ease, tar, etc comershe
clean. The contractor shall use designated mops for bathrooms, hallways,
and b eak
rooms.
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.
,Fixture Cleanin • All fixtures and metal surfaces (washbasins, urinals, toilets, shower
stalls, etc.) shall be cleaned with an approved germicidal detergent olution. There shall
be no dust,' spots, stains, rust, green mold, encrustation, or _excess moisture.
3) Empty waste receptacles and refill service/supplies,
seat cover dispensers. Em Paper towel, soap, toilet paper and
Empty, clean and disinfect sanitary napkin receptacles; replace
soiled bags with new ones. Collect soiled bags in separate containers for disposal. Black
trash bags shall be used for regular trash dispensers and clear bags shall be used for
recycled materials.
Servicing All supplies shall be provided, and waste receptacles and sanitary napkin
dispensers emptied, cleaned, disinfected,and new bags inserted.
4) Spot -clean other surfaces and dust horizontal surfaces.
Snot-Cl�. Smudges, marks or spots shall be removed without causing unsightly
discoloration.
Thorough Dusting: 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 no traces'of dust
on any surface.
B. Weekly:
1) Wet mop and spray buff all resilient floors.
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Wet Mopping and Spray Buffing: Floors shall be .free of streaks and mop -strand marks.
There shall be no skipped areas. All walls, -bmeboardsl and other surfaces shall be free of
splashings and markings 'from the equipment. The finished area shall have a uniform
luster.
2) Wet wipe the full surface area of all stall partitions, doors; =countertops; shelves, and
wastepaper receptacles utilizing a multipurpose germicidal cleaner.
Wet Wiping: All dirt, dust, .water stains, spots, streaks, and smudges shall be removed
from the surfaces.
Prime and Treat Floor Drains:
3) Prime and treat floor drains with an approved liquid enzyme treatment to reduce odors and
gas smells.
C. Monthly:
. 1) Wet mop and wax all hard .and 'resilient flooring in remaining room areas.
Wet Mopping and Waxing: 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.
Grout Lines: All grout lines shall be free of all stains and discoloration. The contractor
shall use the proper cleaning agents and removal techniques to ensure the -grout lines are
kept in pristine: condition,
D. Quarterly:
1) Strip and apply four coats of floor finish to resilient floors using anon -slip floor wax.
Stripping: All old finish or wax shall be removed. There shall be no evidence of gum,
rust, burns or scuffmarks. There shall be no buildup of old finish or wax in corners or
crevices.
Finishing: Walls, baseboards and other surfaces shall be free of finish or waxy residue
and marks from the equipment. Floors shall be free of streaks, mop strand marks. There
shall be no skipped areas.
2. ROOM CLEANING:, Includes all .office areas, file rooms, conference rooms, kitchens, city
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
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food remnants, inside and out. No chemicals or cleaners shall be used without the prior
written consent of the Public Works & Water Superintendent. (Note: Carts and containers
used for the collection and/or_ storage of waste material shall be of non-combustible or
flame resistant construction).
Recyclable Waste Collection: All recyclable waste disposed of in designated recycling
bins throughout the buildings shall be collected and removed to an area designated by the
City.
Lunch Rooms: Thoroughly germa-clean lunchroom floors including tables, chairs and
counter tops with approved disinfectant.
Solid Waste Collection: All solid wastes generated in the building shall be collected and
removed to area designated for trash by the City.
Porcelain Ware Cleaninw. Washbasins shall be clean and bright; there shall be no dust,
spots, stains, rust, green mold, encrustation, or excess moisture.
Damp Wiping. Mirrors Mirrors shall be clean and free of dirt, dust, streaks and spots.
2) Clean interior of microwaves, sinks, ovens, stoves, refrigerators and coffee-pots.
3) Clean both sides of plate glass within the building:
Interior Glass Cleanin • 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) are not scratched. The contractor shall use a
specified cleaner and towels, supplied by the City, to clean the bullet resistant glass in the
Vernon Police Department.
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.
Vacuuming: 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.
Sweeping_ Floor. surfaces shall be free of obvious dirt or debris. Sweep with a chemically
treated mop.
Dusting: 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.
Carpet Spotting_ Excessive buildup spillages or crusted material shall be 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 manufacturer recommendations.
5) Damp mop and spray buff lounge areas, including kitchens.
Damp Mopping and Spray Buffing: 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.
B. Weekly:
1) In office areas, file rooms, city council chambers, 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 carpets.
Thorough Dusting: 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 cycle.
Wet Wiping (Mass Desk Top): Glass desktops shall be free of dirt, dust, streaks and spots.
Thorough Vacuuming: Carpets, including corners, 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.
2) Sweep full floor area.
Thorough Sweeping_ Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture or behind doors.
3) Spot. clean wall surfaces within approximately 70 inches of the floor.
Spot Cleaning_ Smudges, marks or spots shall be removed without causing unsightly
discoloration.
C. Monthly:
1) Wet mop and wax all hard and resilient flooring in remaining room areas:
Wet Mopping and Waxing: 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.
Tele hones: Use germicidal cleaner to clean all telephones.
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D. Monthly:
1) In office areas, file rooms, and conference rooms, damp wipe glass in interior office doors,
partitions and bookcases.
E. Quarterly:
1) Strip and apply four coats of floor finish to, all flooring using a non -slip wax.
Stripping. All old finish or wax shall be removed. There shall be no evidence of gum,
rust burns or scuffinarks.
ite 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.
3. MAIN ENTRANCES, MAIN LOBBIES AND MAIN CORRIDORS
A. Daily:
1) Sweep and damp mop 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.
Thorough Swe_epina� Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture or behind doors.
Thorough Vacuuming• 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.
Metal Polishin • 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 Cleaning: Smudges, marks or spots shall be removed without causing unsightly
discoloration.
Th )ugh Dusting: 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. .
2) Damp mop and spray buff all hard and resilient floors.
Damp Mopping and Sprav Buffinsr Floors shall be free of streaks, and mop strands marks.
There shall be no 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.
Glass Cleaning: All glass shall be clean and free of dirt, grime, dust, streaks, watermarks
and spots and shall not be cloudy.
B. Monthly:
1) All grout lines shall be clean and free of stains and discoloration utilizing proper cleaning
agents and techniques to ensure they remain in pristine condition.
C. Quarterly:
1) Clean and polish all door thresholds.
Cleaning Thresholds: Thresholds shall, be clean and free of oil, grease, dirt and grime.
2) Strip and apply four coats of floor finish to all hard and resilient floors using a non -slip
wax.
Stribping_ All old finish or wax shall have been removed. There shall be no evidence of
gum, rust, burnsor scuffmarks. Water solutions shall not be used on wood flooring.
Note: Additional coats of finish may be required between quarterly applications in order
to meet the quality requirements identified in Part 3 (Main, Entrances, Main Lobbies and
Main Corridors).
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)
1) Sweep. or vacuum stair landings and steps; dust railings and ledges.
Sweeping or Vacuuming Stairways: Landings and treads shall be free of dirt, dust; and
other loose foreign matter. The contractor shall take precautions to ensure the non -slip
tape is not damaged during cleaning operations.
B. Monthly:
1) 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 .lVlopping.or Scrubbing: Steps, risers and landings shall be clean and free of dirt, water
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streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of
cleanliness. All surfaces shall be dry and the corners clean.
Cleaning_(Glass)• Glass shall be clean and free of dirt, dust, streaks and spots.
Bright Metal Polishing: Bright metal surfaces shall have a polished and lustrous
appearance.
Spot Cleaning: Smudges, marks, or spots shall have been removed without causing
unsightly discoloration.
5. PASSENGER ELEVATORS:
A. Daily:
1) 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.
Dusting (Interior Elevator Surfaces): All vertical and horizontal surfaces shall be clean
and free of dirt and dust.
Damp Wiping: Damp wipe interior and exterior elevator surfaces using a multipurpose
germicidal cleaner. All surfaces shall be clean and free of finger mark, sland smudges.
Cleaning (Elevator floor track): Floor tracks shall be free and clean of dirt. -and grime,
including miscellaneous debris.
Bright Metal Polishing_ Bright metal surfaces shall have a polished and lustrous
appearance.
Vacuuming: Elevator carpets shall be free of dustballs, dirt and other debris.
6. DRINKING FOUNTAINS
A. Daily:
1) Clean drinking fountains using appropriate cleaning agents.
Cleaning Drinking Fountains: The surfaces shall be clean and bright, and they shall be free
of dust, spots, stains and streaks.
Metal Polishing: Metal surfaces shall have a polished and lustrous appearance.
7. STORAGE SPACE/JANITORIAL ROOMS
A. Monthly:
1) Sweep the full floor.area:
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Thorough Sweeping:, Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture, or behind doors.
8. ENTRANCE
A. Every Two Months:
1) No less than six times a year, clean and shampoo entrance as required to maintain quality
standards.
Shampooing: Entrance rugs shall be clean and free of dirt, grime, stains, and excessive
buildup and crusted -material.
9. EXTERIOR WINDOWS
A. ANNUALLY:
1) The exterior windows of City Hall, Light & Power Building (first floor), Fire Station No.
2, and Petrelli Building shall be cleaned one (1) time annually on the following month:
• June
10. 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.
Washing: 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.
Dusting: Both sides of blind slats shall be free of dust.
11. HIGH CLEANING
A. Monthly:
1) 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.
High Cleaning: Surfaces shall be clean and free of dust. Where glass is present, both sides
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shall be clean and free of streaks.
12. 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 shall'
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.
Modular and/or. Systems Furniture and Upholstered Furniture
A. Monthly:
1) Thoroughly vacuum to remove embedded dirt and dust.
Thorough Vacuuming: All modular systems and upholstered furniture shall be vacuumed
completely to remove all dirt and dust.
Spot Cleaning• Check and spot clean all modular desks and upholstered furniture with
approved cleaner. All spot cleaning shall be done according to manufacture
recommendations.
13. CARPET SHAMPOOING REQUIREMENTS
A. Weekly:
1) 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 manufacturer
recommendation.
B. Bi-Annually:
1) All Carpeted areas in the City Hall, Power Plant offices and Petrelli building will be
shampooed following the manufacturer's recommended procedures._
Carpet Shampooing All carpets shall be clean, free of spots, spillages and removable
stains. There shall be no evidence of fizzing caused by harsh rubbing or brushing.
m
Note: Furnishings moved during carpet shampooing shall be replaced in their original position.
14. GENERAL REQUIREMENTS:
1) City staff shall not be required to inform contractor when to perform as needed
maintenance/cleaning; the contractor is expected to anticipate the need and, if within the
scope of the Agreement, perform the required services. A schedule for monthly and
yearly cleaning activities will be provided by contractor for the'City.
2) The contractor shall provide a call out list with regularly updated telephone numbers to
handle emergency or unusual janitorial services.
3) The contractor shall provide a list of all employees and their supervisors who may work
upon the City's premises. All of contractor's employees must successfully complete a
background investigation by the Vernon Police Department, which includes a fingerprint
Live -Scan process. The Live -Scan cost will be incurred by the contractor.
4) A periodic meeting to review service performance will be conducted at the request of the
City. Attendees shall include the. City's Public Works & Water Superintendent, a
representative of the contractor, and City Foreman or his designee.
5) The following products will be supplied by the City of Vernon for janitorial use and
dispensing: Urinal tabs, paper -towels, toilet paper, 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.
6) Sign -in Requirement:
A log sheet shall be provided by the City 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.
7) Supervision and Inspection:
It is mandatory that the contractor have a night-time supervisor on duty 7 days a week and
that a pager be issuedto him/her. The pager number must be given to the Building
Maintenance Foreman or his designee on the effective date of the Agreement or before
services under the Agreement are performed.
8) Securing of Buildings:
During and after janitorial services are performed, the contractor's employees shall enter
and leave only through 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
to protect against unauthorized entry.
IW
10) Uniforms:
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 each jumpsuit. Each employee shall have a picture
identification nametag with company name pinned on front of uniform at all times.
11) General 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) The 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,
copiers etc.
12) Reasonable Time -Frames are defined as follows:
1) Emergency service notification must be responded to within two hours.
2) Areas impacted and affected by health and safety issues shall 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 Conditions:
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, fails or refuses to carry
out the directions of City management or, in the City's opinion , is incompetent,
disorderly, or uses threatening or abusive language to any person on the work site, that
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employee or subcontractor 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) 1st and Basement Floors (Monday through Sunday) and Petrelli Building: Monday
through Friday 1730 — 0400 hours.
3) Petrelli: Monday through Friday 0830 -1130 hours.
FLOORING SURFACE AREA
City Hall Basement:
Carpet: 1,000 sq/ft.
Ceramic Tile: 350 sq/ft.
Vinyl Tile: 3,600 sq/ft.
Concrete: 300 sq/ft.
City Hall First Floor:
Carpet: 5,500 sq/ft.
Ceramic Tiler 2,100 sq/ft.
Vinyl Tile: 1,600 sq/ft.
Rubber Tile: 300 sq/ft.
Concrete: 300 sq/ft.
City Hall Second Floor:
Carpet:
17,200 sq/ft.
Ceramic Tile:
8,000 sq/ft.
Vinyl Tile:
1,800 sq/ft.
Rubber Tile:
300 sq/ft.
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Concrete: 300 sq/ft.
City Hall Third Floor:
Carpet: 6,378 sq/ft.
Ceramic Tile: 320 sq/ft.
Vinyl Tile: 424 sq/ft.
Rubber Tile: 589 sq/ft.
Concrete: 165 sq/ft.
Petrelli Building:
Carpet: 1,808 sq/ft.
Vinyl Tile: 1,250 sq/ft.
Light and Power:
Vinyl Tile: 3,162 sq/ft.
Leonis Building:
Carpet: 2,650 sq/ft
Vinyl Tile: 162 sq/ft
Public Works Building:
Rubber Tile: 3,710 sq/ft.
Ceramic Tile: 117 sq/ft.
Concrete: 68 sq/ft.
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PROPOSED BIDDING SCHEDULE
CITY OF VERNON
CITY HALL AND RELATED FACILITIES
FACILITY
AREA IN SQUARE FEET
MONTHLY COST `
City Hall
Basement
5,250
$
City Hall First
Floor
9,800
$
City Hall Second
Floor
27,600
$
City Hall Third
Floor
7,876
$
Petrelli Building
3,058
$
Light and Power
3,162
$
Leonis Building
2,812
$
Public Works
Building
3,895
$
I.
TOTAL COST PER MONTH
$
Submitted by:
Address:
Signature:
16
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 3: 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 task shall be performed not less than six times a year.
Cost Bi-Monthly:
4) WINDOWS AND GLASS
• ITEM 1: Exterior Glass: Wash all exterior -building windows leaving no visible
streaking.
Cost Annually:
• ITEM 2: Interior Glass: Wash all interior -building windows leaving no visible
streaking.
Cost Annually:
17
5) MINI AND VERTICLE BLINDS
• 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:
18
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
COVER PAGE
Contractor:
[insert name of contractor]
Responsible Principal of Contractor:
[insert name, title]
Notice Information - Contractor:
[insert name of contractor]
[insert insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone.: [insert phone number]
Facsimile: [insert fax number]
Notice Information - City:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: IMark Whitworth,
City Administrator
Telephone: (323) 583-8811 ext. 398
Facsimile: (323) 826-1408
Commencement Date:
[insert commencement date]
Termination Date:
[insert termination date], unless extended
pursuant to Section 1
Consideration:
Total not to exceed $[insert amount] .
(includes all applicable sales tax); and more
particularly described in Exhibit B
Records Retention Period
[insert number of years contractor must
retain records]
r.
12720-0001\1189197v3.doc
SERVICES AGREEMENT BETWEEN THE CITY .OF VERNON
AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF
SERVICES]
THIS AGREEMENT is made and entered into as of , 2010 ("Effective
Date"), by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation
("Contractor"). City and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to have certain [brief description of services] services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit
A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
MOW rencu..r.,.,..., i 4hi, A__4- . _ ..--- `- - - - m, m
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) . Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
12720-0001\1189197v3.doc 2
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its City Council
members, officers, officials, employees, agents or volunteers shall not be liable at law. or in
equity occasioned by failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a.) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the.Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for. Contractor's obligations under this Agreement and shall serve as
principal liaison between,City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses;. and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
12720-0001 \l l 89197v3.doc
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose.. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will Iimit.or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
. (c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to'.
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on. behalf
of Contractor shall at all times, be under .Contractor's exclusive direction and .control. Neither
City nor any of its City Council members, officers, officials, employees, agents, or volunteers
shall have control over the conduct of Contractor or any of Contractor's officers, employees, or
agents except as set forth in this Agreement. Contractor shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers, officials,
employees, agents, or volunteers. of City. Contractor shall not incur or have the power to incur
any debt, obligation or liability whatsoever against City, or bind City in any manner.
.(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be'liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to.pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11, : Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon. the Contractor at least five (5)
calendar days prior written notice. Upon receipt. of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
12720-0001\1189197v3.doc 4
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services. required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all. Confidential Information, asodefined in Section 13 below,
to City within thirty (30). days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the .
services required by this Agreement. in no event shall City be liable for anticipated profits orfor
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status; Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by -
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
12720-0001\1189197v3.doc 5
iv. information which is. required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions.of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes -other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records.and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 1..6. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its City Council members, officers, officials, employees, agents, and volunteers
from and against any and all claims, suits, demands, actions, losses, damages, judgments,
settlements, penalties, fines, defensive costs or expenses, including without limitation, interest,
attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or
attributable to the acts or omissions of Contractor,.or Contractor's officers, employees, or agents
which in any way arise out of, result from, or are in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the sole negligence or
willful misconduct.. City, its City Council members, officers, officials, employees, agents, or
volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section 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.
Section 18. Insurance,
(a) Contractor shall at all times during the term of this Agreement carry, .
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability, Insurance, with minimum limits of Two Million Dollars ($2000,000)'for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
12720-0001\1189197v3.doc 6
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of. Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit.
Each Excess Liability insurance policy shall provide policy coverage and terms at least as broad
as those required of the primary insurance and shall provide that such Excess Liability
Insurance policy will drop down and assume the underlying insurer's obligations and provide
coverage in the event the underlying insurer becomes insolvent.
(e) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(f) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VI in the latest
edition of Best's Insurance Guide.
(g) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately, terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium. thereon.
(h) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance; satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that.the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an endorsement
naming the City, its officers, officials, employees, agents, and volunteers as additional insureds.
All of the policies required under this Agreement shall contain an endorsement providing that
the policies cannot be canceled or reduced except on thirty .(30) days prior written notice to City,
and specifically stating that the coverage contained in the policies affords insurance pursuant to
the terms and conditions as set forth in this Agreement.
(i) All of the policies of insurance required by this Agreement shall contain
(1) an endorsement naming the City, its City Council members, officers, officials, employees,
agents, and volunteers as additional insureds, (2) an endorsement providing that the policies
cannot be canceled or reduced except with thirty (30) days prior written. notice to City, and (3)
an endorsement specifically stating that the coverage contained in the policies affords insurance
pursuant to the terms and conditions as set forth !in this Agreement.
12720-0001 \11891970.doc 7
(j) The insurance provided by Contractor shall. be primary to any coverage
available to City, and any insurance or self-insurance maintained by City,. Its City Council
members, officers, officials, employees, agents, or volunteers shall be excess of Contractor's
insurance and shall not contribute with it. The policies of insurance required by -this Agreement
shall include provisions for waiver of subrogation. Contractor hereby waives all rights of
subrogation against City, its City Council members, officers, officials, employees, agents, and
volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self-insuredretentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following; ° Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions- of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20 Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications..' The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws 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. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor; if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day,, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
12720-0001 \ 11891970.doc . 8
Section 23. Materials and Workmanship. , City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected. shall be removed from City premises at the Contractor's sole expense.
Section 24. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all permits and licenses required by federal, state. or local law, rule or
regulation. Costs for obtaining City permits required under this Agreement will be waived. All
requirements for obtaining permits. (including City permits) remain in effect and are not waived;
.only the costs of City permits are waived.
Section 25. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act.(Chapter 2 (commencing with Section 16,700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services; or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 26. Assignment and Subcontracting, Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of. City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 27.. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,.
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitration shall be administered by JAMS r pursuant to its Streamlined Arbitration Rules and
Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide
written reasons for their decision. The arbitration decision shall be final and binding on the
Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this
Agreement: This clause shall not preclude Parties from seeking provisional remedies in aid of
arbitration from a courLhaving jurisdiction pursuant tolhis Agreement. The exclusive jurisdiction
and venue under this Agreement shall be the Superior Court of California, Los Angeles County.
Section 28. Attorneys Fees. 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 or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 29. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
12720-000111189197v3.doe 9
Section 30. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the. Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified by a writing signed by both Parties.
Section 31. Waiver. 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 whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default 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. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section.32. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The.term "uncontrollable force" shall mean 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.
Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 34. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice. Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section $5. Cover Page _--and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the. event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 36. Headings. Headings used -in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 37. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
12720-0001 \ 11891970.6c 10
Section 38. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 39. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to.
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page).
12720-0001 \ 1189197v3.doc 11
IN WITNESS WHEREOF, the Parties have. signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City [CONTRACTOR'S NAME], a [State
and California municipal corporation incorporated in] corporation
By:
HILARIO GONZALES
Mayor
ATTEST:
WILLARD G. YAMAGUCHI, City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER, City Attorney
By:
Name:
Title:
By:
Name:
Title:
12720-0001 \1189197v3.doc 12
EXHIBIT A
SCOPE OF -SERVICES
Contractor will perform the following work pursuant to this Agreement:
[Describe services here in detail, including schedules for deliverables and services]
SCHEDULE OF WORK:
[Provide a timeline in which work shall be commenced and completed]
WARRANTY:
[If applicable, indicate warranty].
12720-0001\1189197v3.doc 13
EXHIBIT B
FLAT FEE
[Example (Delete and replace with actual terms):]
[Contractor shall be paid"$[insert flat amount] to perform all Services described in Exhibit A.]
[Contractor shall invoice City [FREQUENCY] for Services provided under this Agreement.]
[Example (Delete and replace with actual terms):]
12720-0001 \1189197v3.doc 14
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 3, 2010
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2010-152 — A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for Proposals for Janitorial Services
Transmitted herewith is a copy of Resolution No..2010-152 referenced above, which was approved by
City Council on November 1, 2010.
Thank you.
WY:dj
Attachment
c: Resolution No. 2010-152
STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: September 30, 2010
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, of Community Services & Water
RE: Permission to Seek Request for Proposals for Janitorial Services
The Community Services and Water Department (Department) is requesting permission to seek
Request for Proposals (RFP) from qualified contractors to provide Janitorial Services for City Hall, Public
Works Building, Light & Power, and Leonis Building. The City currently has a contract with Common
Area Maintenance, Inc. to perform this function. In light of changing economic conditions it would be in
the best interest of the City to seek RFP's for this work.
It is important that the City go out to bid in order to gain a fair market perspective in terms of
current price schedules. The attached RFP for Janitorial Services has been reviewed and approved to form
by the City Attorney's office. It is my recommendation that the City Council grant the Department
permission to issue RFP's to qualified. contractors for Janitorial Services at the next City Council meeting.
Thank you.
SKW/sr
Enclosures
1�.of� R�,o RECEIVED
. OCT 0 4 2010
Gs,°ELY,r°°she CITY CLERK'S OFFICE
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark Whitworth, City Administrator
FROM: Samuel Kevin Wilsoil; Director of Community Services and Water
DATE: September 30, 2010
SUBJECT: Permission to Seek Request for Proposals for Janitorial Services
The Department of Community Services and Water (Department) has prepared a Request for Proposal
(RFP) to seek bids from qualified janitorial firms to facilitate the cleaning of City facilities. The Department last
went to bid in 2006 and awarded the agreement to Common Area Maintenance, Inc. The Department has
determined that is should seek RFP's in order to ascertain current market rates.
The attached RFP for Janitorial Services has been reviewed and approved to form by the City
Attorney's office. A Staff Report is herein attached recommending that the City Council grant approval to issue
RFP's to qualified contractors to perform Janitorial Services at the next City Council meeting. Thank you.
SKW/sr
Enclosures
FASwtMcott\MyDocum tsVmn HalServiees\RFP\RFPJanitorialCiryAdminisha[a.doc
WYi
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COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community Services & Water
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1435
CITY OF VERNON
REQUEST FOR PROPOSAL
JANITORIAL SERVICES
November 2010
The City of Vernon is seeking proposals and statements of qualifications from qualified firms to
provide janitorial services to 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's members and their commitment to the project.
• A detailed description of the Scope of Work.
• Proposed schedule.
• Professional fees in a separate sealed envelope.
The following items address general proposal preparation issues:
The contractor is solely responsible for any costs incurred by responding to this Request for
Proposal.
• The proposal shall be signed by an official or representative authorized to bind the firm
to a Contracting Services Agreement with the City Contract and the'Proposal.
• The contractor shall comply with all Federal, State and Local regulations governing any
aspect of the project, including conflict of interest laws and regulations.
Excfusivefy Industriaf
• 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 contractor 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. The City reserves the right to award the contract to the most
qualified bidder who submits a responsive proposal with a resulting negotiated agreement that is
most advantageous to and in the best interests of the City. The City shall be the sole judge of the
proposal and the resulting negotiated agreement, and its decision shall be final
-CONTRACTING SERVICES AGREEMENT
A sample of the City's Standard ProfessionalContracting Services Agreement and Insurance
Requirements that the successful Proposer will be required to enter into with the City are herein
attached. Proposers are strongly advised to review all the terms and conditions \of the sample
Agreement. If the Proposer takes exception to any provision of the attached sample Agreement,
the Proposer must specify each provision and give a detailed statement of why he'takes exception
to each such provision. The extent to which the Proposer takes exception to provisions in the
Agreement will be considered and evaluated in the Agreement award. Submission of the
proposing firm's standard agreement as a part of the proposal will not be accepted.
JOB WALK
A Job Walk willbeheld on Tuesday, November 23, 2010 at 900 AM. Please contact Scott Rigg
for further details.
PROPOSAL SUBMITTAL
The proposal and fees shall be submitted to Samuel Kevin Wilson, Director of Community
Services, 4305 Santa Fe Avenue, Vernon, CA 90058, no later than 2:00 P.M. on Tuesday,
December 7, 2010. The contractor shall submit four (4) copies of the subject proposal and fee
schedule. The fee schedule shall be submitted in a separate sealed envelope.
2
JANITORIAL SERVICES REQUIRED FOR CITY HALL, PUBLIC WORKS FACILITIES_ ,
LIGHT & POWER BUILDING, LEONIS BUILDING, AND PETRELLI BUILDING
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.
Sweeping Damp Mopping Scrubbing: The floors shall be cleaned with a germicidal
detergent solution, be 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. The contractor shall use designated mops for bathrooms, hallways, and break
rooms.
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.
Fixture Cleaning: All . fixtures and metal surfaces (washbasins, urinals, toilets, shower
stalls, etc.) shall be cleaned with an approved germicidal detergent solution. There shall
be no dust; spots, stains, rust, green mold, encrustation, or excess moisture.
3) Empty waste receptacles and refill 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. Black
trash bags shall be used for regular trash dispensers and clear bags shall be used for
recycled materials.
Servicing: All supplies shall be provided, and waste receptacles and sanitary napkin
dispensers emptied, cleaned, disinfected and new bags inserted.
4) Spot -clean other surfaces and dust horizontal surfaces.
Spot -Cleaning: Smudges, marks or spots shall be removed without causing unsightly
discoloration.
Thorough Dusting: 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 no traces of dust
on any surface.
B. Weekly:
1) Wet mop and spray buff all resilient floors.
3
Wet Moppingand Spray Buffing_ Floors shall be ,free of streaks and mop -strand marks.
There shall be no skipped areas. All walls, baseboards and other surfaces shall be free of
splashings and markings from the equipment. The finished area shall have a uniform
luster.
2) Wet wipe the full surface area of all stall partitions, doors, countertops, shelves, and
wastepaper receptacles utilizing a multipurpose germicidal cleaner.
Wet Wiping: All dirt, dust, water stains, spots, streaks, and smudges shall be removed
from the surfaces.
Prime and Treat Floor Drains:
3) Prime and treat floor drains with an approved liquid enzyme treatment to reduce odors and
gas smells.
C. Monthly:
1) Wet mop and wax all hard. and resilient flooring in remaining room areas.
Wet Mopping and Waxing; 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.
Grout Lines: All grout lines shall be free of all stains and discoloration. The contractor
shall use the proper cleaning agents and removal techniques to ensure the grout lines are
kept in pristine condition.
D. Quarterly:
1) Strip and apply four coats of floor finish to resilient floors using a non -slip floor wax.
Stripping_ All old finish or wax shall be removed. There shall be no evidence of gum,
rust, burns or scuffmarks. There shall be no buildup of old finish or wax in corners or
crevices.
Finishing: Walls, baseboards and other surfaces shall be free of finish or waxy residue
and marks from the equipment. Floors shall be free of streaks, mop strand marks. There
shall be no skipped areas.
2. ROOM CLEANING: Includes all office areas, file rooms, conference rooms, kitchens, city
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 Public Works & Water Superintendent. (Note: Carts and containers
used for the collection and/or storage of waste material shall be of non-combustible or
flame resistant construction).
Recyclable Waste Collection: All recyclable waste disposed of in designated recycling
bins throughout the buildings shall be collected and removed to an area designated by the
City.
Lunch Rooms: Thoroughly gerrna-clean lunchroom floors including tables, chairs and
counter tops with approved disinfectant.
Solid Waste Collection: All solid wastes generated in the building shall be collected and
removed to area designated for trash by the City.
Porcelain Ware Cleaning: Washbasins shall be clean and bright; there shall be no dust,
spots, stains, rust, green mold, encrustation, or excess moisture.
Damp Wiping Mirrors: Mirrors shall be clean and free of dirt, dust, streaks and spots.
2) Clean interior of microwaves, sinks, ovens, stoves, refrigerators and coffee-pots.
3) Clean both sides of plate glass within the building:
Interior Glass Cleaning: 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) are not scratched. The contractor shall use a
specified cleaner and towels, supplied by the City, to clean the bullet resistant glass in the
Vernon Police Department.
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.
Vacuuming: 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.
Sweeping_ Floor surfaces shall be free of obvious dirt or debris. Sweep with a chemically
treated mop.
Dusting: 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.
Carpet ,S otting: Excessive buildup spillages or crusted material shall be 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 manufacturer recommendations.
5) Damp mop and spray buff lounge areas, including kitchens.
Damp Mopping and Spray Buffing_ 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.
B. Weekly:
1) In office areas, file rooms, city council chambers, 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 carpets.
Thorough Dusting_ 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 cycle.
Wet Wiping (Glass Desk Tops Glass desktops shall be free of dirt, dust, streaks and spots.
Thorough Vacuuming_ Carpets, including corners, 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.
2) Sweep full floor area.
Thorough Sweeping_ Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture or behind doors.
3) Spot clean wall surfaces within approximately 70 inches of the floor.
Spot Cleaning_ Smudges, marks or spots shall be removed without causing unsightly
discoloration.
C. Monthly:
1) Wet mop and wax all hard and resilient flooring in remaining room areas:
Wet Mopping and Waxing_ 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.
Telephones: Use germicidal cleaner to clean all telephones
D. Monthly:
1) In office areas, file rooms, and conference rooms, damp wipe glass in interior office doors,
partitions and bookcases.
E. Quarterly:
1) Strip and apply four coats of floor finish to all flooring using a non -slip wax.
Stripping: All old finish or wax shall be removed. There shall be no evidence of gum,
rust burns or scuffmarks.
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.
3. MAIN ENTRANCES, MAIN LOBBIES AND MAIN CORRIDORS
A. Daily:
1) Sweep and damp mop 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.
Thorough Sweeping_ Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture or behind doors.
Thorough Vacuuming_ 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.
Metal Polishing: 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 Cleaning Smudges, marks or spots shall be removed without causing unsightly
discoloration.
Thorough Dusting 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.
2) Damp mop and spray buff all hard and resilient floors.
Damp Mopping and Spray Buffing: Floors shall be free of streaks, and mop strands marks.
There shall be no 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.
Glass Cleaning: All glass shall be clean and free of dirt, grime, dust, streaks, watermarks
and spots and shall not be cloudy.
B. Monthly:
1) All grout lines shall be clean and free of stains and discoloration utilizing proper cleaning
agents and techniques to ensure they remain in pristine condition.
C. Quarterly:
1) Clean and polish all door thresholds.
Cleaning Thresholds: Thresholds shall be clean and free of oil; grease, dirt and grime.
2) Strip and apply four coats of floor finish to all hard and resilient floors using a non -slip
wax.
Stripping: 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 quarterly applications in order
to meet the quality requirements identified in Part 3 (Main_ Entrances, Main Lobbies and
Main Corridors).
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)
1) Sweep or vacuum stair landings and steps; dust railings and ledges.
Sweeping or Vacuuming Stairways: Landings and treads shall be free of dirt, dust, and
other loose foreign matter. The contractor shall take precautions to ensure the non -slip
tape is not damaged during cleaning operations.
B. Monthly:
1) 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 Scrubbing_ 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.
Cleaning (Glass . Glass shall be clean and free of dirt, dust, streaks and spots.
Bright Metal Polishing_ Bright metal surfaces shall have a polished and lustrous
appearance.
Spot Cleaning: Smudges, marks, or spots shall have been removed without causing
unsightly discoloration.
5. PASSENGER ELEVATORS:
A. Daily:
1) 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.
Dusting (Interior Elevator Surfaces): All vertical and horizontal surfaces shall be clean
and free of dirt and dust.
Damp 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.
Cleaning (Elevator floor track): Floor tracks shall be free and clean of dirt and grime,
including miscellaneous debris.
Bright Metal Polishing_ Bright metal surfaces shall have a polished and lustrous
appearance.
Vacuuming: Elevator carpets shall be free of dustballs, dirt and other debris.
6. DRINKING FOUNTAINS
A. Daily:
1) Clean drinking fountains using appropriate cleaning agents.
Cleaning Drinking Fountains: The surfaces shall be clean and bright, and they shall be free
of dust, spots, stains and streaks.
Metal Polishing: Metal surfaces shall have a polished and lustrous appearance.
7. STORAGE SPACE/JANITORIAL ROOMS
A. Monthly:
1) Sweep the full floor area:
9
Thorough Sweeping_ Floors shall be clean and free of trash and foreign matter. No dirt
shall be left in corners, under furniture, or behind doors.
8. ENTRANCE
A. Every Two Months:
1) No less than six times a year, clean and shampoo entrance as required to maintain quality
standards.
Shampooing Entrance rugs shall be clean and free of dirt, grime, stains, and excessive
buildup and crusted material.
9. EXTERIOR WINDOWS
A. ANNUALLY:
1) The exterior windows of City Hall, Light & Power Building (first floor), Fire Station No.
2, and Petrelli Building shall be cleaned one (1) time annually on the following month:
• June
10. 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.
Washing: 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.
Dusting: Both sides of blind slats shall be free of dust.
11. HIGH CLEANING
A. Monthly:
1) 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.
High Cleaning_ Surfaces shalFbe clean and free of dust. Where glass is present, both sides
shall be clean and free of streaks.
12. 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 shall
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.
Modular and/or. Systems Furniture and Upholstered Furniture
A. Monthly:
1) Thoroughly vacuum to remove embedded dirt and dust.
Thorough Vacuuming All modular systems and upholstered furniture shall be vacuumed
completely to remove all dirt and dust.
Spot Cleaning_ Check and spot clean all modular desks and upholstered furniture with
approved cleaner. All spot cleaning shall be done according to manufacture
recommendations.
13. CARPET SHAMPOOING REQUIREMENTS
A. Weekly:
1) 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 manufacturer
recommendation.
B. Bi-Annually:
1) All Carpeted areas in the City Hall, Power Plant offices and Petrelli building will be
shampooed following the manufacturer's recommended procedures..
Carpet Shampooing: 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 carpet shampooing shall be replaced in their original position.
14. GENERAL REQUIREMENTS:
1) City staff shall not be required to inform contractor when to perform as needed
maintenance/cleaning; the contractor is expected to anticipate the need and, if within the
scope of the Agreement, perform the required services. A schedule for monthly and
yearly cleaning activities will be provided by contractor for the City.
2) The contractor shall provide a call out list with regularly updated telephone numbers to
handle emergency or unusual janitorial services.
3) The contractor shall provide a list of all employees and their supervisors who may work
upon the City's premises. All of contractor's employees must successfully complete a
background investigation by the Vernon Police Department, which includes a fingerprint
Live -Scan process. The Live -Scan cost will be incurred by the contractor.
4) A periodic meeting to review service performance will be conducted at the request of the
City. Attendees shall include the City's Public Works. & Water Superintendent, a
representative of the contractor, and City Foreman or his designee.
5) The following products will be supplied by the City of Vernon for janitorial use and
dispensing: Urinal tabs, paper towels, toilet paper, 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.
6) Sign -in Requirement:
A log sheet shall be provided by the City 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.
7) Supervision and Inspection:
It is mandatory that the contractor have a night-time supervisor on duty 7 days a week and
that a pager be issued. to him/her. The pager number must be given to the Building
Maintenance Foreman or his designee on the effective date of the Agreement or before
services under the Agreement are performed.
8) Securing of Buildings:
During and after janitorial services are performed, the contractor's employees shall enter
and leave only through 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
to protect against unauthorized entry.
12
10) Uniforms:
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 each jumpsuit. Each employee shall have a picture
identification nametag with company name pinned on front of uniform at all times.
11) General 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) The 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,
copiers etc.
12) Reasonable Time Frames are defined as follows:
1) Emergency sei vice notification must be responded to within two hours.
2) Areas impacted and affected by health and safety issues shall 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 Conditions:
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, fails or refuses to carry
out the directions of City management or, in the City's opinion , is incompetent,
disorderly, or uses threatening or abusive language to any person on the work site, that
13
employee or subcontractor 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) l st and Basement Floors (Monday through Sunday) and Petrelli Building: Monday
through Friday 1730 - 0400 hours.
3) Petrelli: Monday through Friday 0830 - 1130 hours.
FLOORING SURFACE AREA
City Hall Basement:
Carpet: 1,000 sq/ft.
Ceramic Tile: 350 sq/ft.
Vinyl Tile: 3,600 sq/ft.
Concrete: 300 sq/ft.
City Hall First Floor:
Carpet: 5,500 sq/ft.
Ceramic Tile: 2,100 sq/ft.
Vinyl Tile: 1,600 sq/ft.
Rubber Tile: 300 sq/ft.
Concrete: 300 sq/ft.
City Hall Second Floor:
Carpet: 17,200 sq/ft.
Ceramic Tile: 8,000 sq/ft.
Vinyl Tile: 1,800 sq/ft.
Rubber Tile: 300 sq/ft.
14
Concrete:
300 sq/ft.
City Hall Third Floor'-:
Carpet:
6,378 sq/ft.
Ceramic Tile:
320 sq/ft.
Vinyl Tile:
424 sq/ft.
Rubber Tile:
589 sq/ft.
Concrete:
165 sq/ft.
Petrelli Building:
Carpet:
1,808 sq/ft.
Vinyl Tile:
1,250 sq/ft.
Light and Power:
Vinyl Tile:
3,162 sq/ft.
Leonis Building:
Carpet:
2,650 sq/ft.
Vinyl Tile:
162 sq/ft
Public Works
Building:
Rubber Tile:
3,710 sq/ft.
Ceramic Tile:
117 sq/ft.
Concrete:
68 sq/ft.
15
PROPOSED BIDDING SCHEDULE
CITY OF VERNON
CITY HALL AND RELATED FACILITIES
FACILITY
AREA IN SQUARE FEET
MONTHLY COST
City Hall
Basement
5,250
$
City Hall First
Floor
9,800
$
City Hall Second
Floor
27,600
$
City Hall Third
Floor
7,876
$
Petrelli Building
3,058
$
Light and Power
3,162
$
Leonis Building
2,812
$
Public Works
Building
3,895
$
TOTAL COST PER MONTH
$
Submitted by:
Address:
Signature:
16
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 3: 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 task shall be performed not less than six times a year.
Cost Bi-Monthly:
4) WINDOWS AND GLASS
• ITEM 1: Exterior Glass: Wash all exterior -building windows leaving no visible
streaking.
Cost Annually:
• ITEM 2: Interior Glass: Wash all interior -building windows leaving no visible
streaking.
Cost Annually:
17
5) MINI AND VERTICLE BLINDS
• 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:
18
7
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S
NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
COVER PAGE
Contractor:
[insert name of contractor]
Responsible Principal of Contractor:
[insert name, title]
Notice Information - Contractor:
[insert name of contractor]
[insert insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: [insert fax number]
Notice Information - City:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth,
City Administrator
Telephone: (323) 583-8811 ext. 398
Facsimile: (323) 826-1408
Commencement Date:
[insert commencement date]
Termination Date:
[insert termination date], unless extended
pursuant to Section 1
Consideration:
Total not to exceed $[insert amount]
(includes all applicable sales tax); and more
particularly described in Exhibit B
Records Retention Period
[insert number of years contractor must
retain records]
12720-0001\1189197v3.doc
SERVICES AGREEMENT BETWEEN . THE CITY OF VERNON
AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF
SERVICES]
THIS AGREEMENT is made and entered into as of , 2010 ("Effective .
Date"), by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation
("Contractor"). City and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to have certain [brief description of services] services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit
A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date Listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement City
may renew this Agreement on a year-to-year basis at its discretion. tAn�yserurcesgerfarrned'
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) . Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
12720-0001 \1189197v3.doc 2
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its City Council
members, officers, officials, employees, agents or volunteers shall not be liable at law or in
equity occasioned by failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. , Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses,_ and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
12720-0001\1189197v3.doc 3
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending -against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its City Council members, officers, officials, employees, agents, or volunteers
shall have control over the conduct of Contractor or any of Contractor's officers, employees, or
agents except asset forth in this Agreement. Contractor shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers, officials,
employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur
any debt, obligation or liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
12720-0001 \1 189197v3.doc 4
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all. Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
M All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status; Disclosure of Information.'
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
12720-0001 \ 1189197v3.doc 5
iv. information which is, required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions.of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its City Council members; officers, officials, employees, agents, and volunteers
from and against any and all claims, suits, demands, actions, losses, damages, judgments,
settlements, penalties, fines, defensive costs or expenses, including without limitation, interest,
attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or
attributable to the acts or omissions of Contractor,. or Contractor's officers, employees, or agents
which in any way arise out of, result from, or are in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the sole negligence or
willful misconduct of City, its City Council _members, officers, officials, employees, agents, or
volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section 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.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry, .
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000)`for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
12720-0001\1189197v3.doc 6
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force of all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit.
Each Excess Liability Insurance policy shall provide policy coverage and terms at least as broad
as those required of the primary insurance and shall provide that such Excess Liability
Insurance policy will drop down and assume the underlying insurer's obligations and provide
coverage in the event the underlying insurer becomes insolvent.
(e) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(f) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(g) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(h) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an endorsement
naming the City, its officers, officials, employees, agents, and volunteers as additional insureds.
All of the policies required under this Agreement shall contain an endorsement providing that
the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City,
and specifically stating that the coverage contained in the policies affords insurance pursuant to
the terms and conditions as set forth in this Agreement.
(i) All of the policies of insurance required by this Agreement shall contain
(1) an endorsement naming the City, its City Council members, officers, officials, employees,
agents, and volunteers as additional insureds, (2) an endorsement providing that the policies
cannot be canceled or reduced except with thirty (30) days prior written notice to City, and (3)
an endorsement specifically stating that the coverage contained in the policies affords insurance
pursuant to the terms and conditions as set forth in this Agreement.
12720-0001\1189197v3.doc 7
Section 30. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified by a writing signed by both Parties.
Section 31. Waiver. 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 whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default 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. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 32. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean 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.
Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 34. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information— Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 35. Cover Pape and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the. event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 36. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 37. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
12720-0001\11891970.doc 10
Section 38. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
.Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 39. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page]
12720-0001 \ 11891970.doc 11
EXHIBIT B
FLAT FEE
[Example (Delete and replace with actual terms):]
[Contractor shall be paid $[insert flat amount] to perform all Services described in Exhibit A.]
[Contractor shall invoice City [FREQUENCY] for Services provided under this Agreement.]
[Example (Delete and replace with actual terms):]
12720-0001\1189197v3.doc 14
Page 1 of 2
Arellano, Claudia
Fvom: Katrina Gonzales [KGonzales@rwglaw.com]
Sent: Friday, September 24, 2010 10:53 AM
To: Arellano, Claudia
Subject:. RE: RFP'S
Attachments: Vernon -- RFP for Janitorial Services 2010 (KCG Edits).DOC; Vernon - Form - Repair and Maintenance
Services Agreement Flat Rate. DOC
Hello Claudia,
Attached is a copy of the RFP for janitorial services with my recommended revisions and some comments.
I have also attached the sample agreement that should be attached to the RFP. I believe the document is in track
changes; if it is, please accept the changes to this sample. Let know if you have any questions.
Thanks,
Katrina
From: Arellano, Claudia[mailto:CArellano@ci.vernon.ca.us]
Sent: Tuesday, September 07, 2010 8:19 AM
To: Katrina Gonzales
Subject: FW: RFP'S
Good morning Katrina,
Per your request, attached herewith are the RFP's for the Urban Water Management Plan and for the Janitorial Services.
Thank you for your assistance.
Claudia
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9/30/2010
Page 2 of 2
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9/30/2010