HomeMy WebLinkAbout4.14 Tri-Valley Janitorial Services Agreement
CITY CLERK
File # D~[Q][Qj.~[D]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 20, 2006
SUB.JECT:
Amendment to Agreement with Tri-Valley Janitorial Services
Report Prepared hy Melissa Morton, Public' Worh Dire~~
I) Resolution and Amendment
2) Current agreement and most recent amendment
ATTACHMENTS:
RECOMMENDATION:
/I . J\...."((Iopt the resolutian approving the amendment to the agreement
. \ WV1 with Tn-Valley Janitorial Service.
I<"INANCIAL STATEMENT:
Sufficient funds are included in the proposed 2006-2007 operating
budget for each facility to provide for cost changes included in this
amendment.
DESCRIPTION: Tri-Valley Janitonal Service has provided janitorial services in City
of Dublin facilities since 1993 The current agreement was originally executed in 1996 and has been
extended by amendment to its current expiration date of June 30, 2006. This amendment allows a 2.8%
rate increase that is commensurate with the Consumer Price Index rate of inflation (April 2006 Urban
Wage Earners) as well as ather minor cost changes related ta changes in the scope of work.
Staff will prepare a revised scape of work with the intent of issuing an RFP in early 2007 It shauld be
noted that the propased RFP is not an indication of dissatisfaction with the quality of wark provided by
Tri Valley Janitorial Service; the intent is to provide an entirely new agreement format which confarms
with the City's standard agreement and includes such elements as use of environmentally safe cleaning
products, specIal care requirements for the floor surfaces and other components in new buildings, and
changes in the frequencics of certain activities in arder to better suit the Cadlity's operation.
Staff recommends that the City Council adopt the resalution approving the amendment ta the agreement
with Tri-Valley Janitorial Service.
________w~_.___._____________________________w_~____________________________w_.~_________________________.___
COpy TO: Tri-Valley Janitarial Service
Page 1 of 1
ITEM NO. tf:, tf
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RESOLUTION NO. .06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*******.*
APPROVING AMENDMENT TO AGREEMENT
WITH TRI-V ALLEY JANITORIAL SERVICE
FOR CI1Y FACILITIES JANITORIAL SERVICES
WHEREAS, the current agreement with Tri-Valley Janitorial Service expires on June 30,2006,
and
WHEREAS, the City desires to extend the agreement for an additional one year time period; and
WHEREAS, an adjustment of rates is appropriate; and
WHEREAS, the City and Tri-Valley Janitorial Service have agreed on certain modifications to the
scope of services;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the amendment to the agreement attached hereto as Exhibit "A"
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2006
AYES.
NOES.
ABSENT
ABSTAIN.
Mayor
ATTEST
City Clerk
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EXHIBIT "A" OF RESOLUTION
-06
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AMENDMENT TO AGREEMENT WITH
TRI-V ALLEY JANITORIAL SERVICE
FOR CITY FACILITIES JANITORIAL SERVICES
WHEREAS, the City and Tri-Valley Janitorial Service entered into an agreement for City Facilities
Janitorial Services dated July 1, 1996, whieh agreement was been amended in 2001 to adjust rates and scope
of work and to extend the expiration date to June 30, 2006 and was amended in 2003 to modiry the scope of
work; and
WHEREAS, the City of Dublin desires to extend the tenn of agreement for an additional year, to June
30, 2007; and
WHEREAS, the rates are to be adjusted by the Consumer Price Index rate of inflation (April 2006
Urban Wage Earners) for the 2006-07 Fiscal Year; and
WHEREAS, the City has requested certain other modifications to the scope ofwork;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS
1. The following rates and work schedules shall apply beginning July 1,2006.
FaclH and Schedule Monthl Cost Facllit and SChedule Monthl Cost
Civic CenterlWest Trailer 5-day per
week service including upgrade of $3,865.00 Senior Center, 5 day per week service $2,151.00
Council Chambers to 5-da schedule.
Heritage Center School, 3 day per
East Trailer, 2.day per week service $404.00 week service; Church 1 day per week $451.00
service (one additional da ...
Swim Center 7.day per week service
Lib 7-da r week service .. $1,285.00 while center is 0 en $1,575.00
Library restroom floor scrub every
other month $262.00 $1,290.00
Library lobby floor, twice a year
$12300 $1,285.00
· Extra service for weekend events is billed at $25 per hour
.. If Friday library hours a.re approved in budget; otherwise 6-day service at $1,114 plus $40 per callout for Fridays will
remain in place.
... Extra service for events in old St. Raymond's Church is billed at $75.00 per time.
2. The term of agreement is extended to June 30,2007.
CITY OF DUBLIN
Mayor
ATTEST
A'Rf~VALL
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EXHIBIT -A-
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City Clerk
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EXlllBIT"A"OFRESOLunON 109 -os
AMENDMENT TO AGREEMENT WITH
TRI-VALLEY JANITORIAL SERVICE
FOR CITY FACILITIES JANITORIAL SERVICES
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WHEREAS, the City and Tri- Valley Janitorial Service entered into an agreement for City Facilities
Janitorial Services dated July 1, 1996, which agreement was been amended in 2001 to adjust rates and scope
afwork and to extend the expiration date to June 30, 2006 and was amended in 2003 to modifY the scope of
work; and
and
WHEREAS, Tri-Valley Janitorial has requested an adjustment of rates far the 2005-06 Fiscal Year;
WHEREAS, the City has requested certain other modifications to the scape of work;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS
1. The followin.g rates and work schedules shall apply beginning July 1,2005:
Fadllt aad SchedUle MaathI Cost
Civic Centtn'fWest Trailer 5-day per
week service' $3,644 44
East Trailtn', 2-day per week serviee $393.30
Lib ,6-da erweek service" $1.084.68
Library restroom floor scrub every
other month $255.00
Library lobby floor, twiee a yellI
$120.00
Existing Senior Center (until closed)
5 da er week service
$859.00
Facili and Schedule
New Senior Center, 5 day per week
service
Heritage Center Sehool, 2 day per
week serviee; Church 1 day per week
service ...
Swim Center 7-day per week serviee
while center is 0 n
Stager Gym 5-day per week service
adds flaor buffin
Emerald Olen Pre-school & Aetivity
Center 5-da er week service
Monthl Cost
$2 092.00
$336.66
$1,531.80
$1,255.00
$1,250.00
.. Extra service for weekend events is billed at $25 per hour
.. Extra serviee for Friday events is hilled at $40 per time.
.... Extra service for events in old 81. Raymond's Church is hilled at $75.00 per time.
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CITY OF DUBLIN
TRl-VALLEY JANITORIAL SERVICE
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ATTACmNT 2,.
JANITORIAL SERVICES AGREEMENT
Lf~ 71
TffiS AGREEMENT is made at Dublin, California, as of May 14, 1996, by and between the CITY OF
DUBLIN, a Municipal Corporation ("CITY") and Tri-Valley Janitorial Service ("CONTRACTOR"), who
agree as follows:
DEFINITIONS
DAILY shall mean five (5) days per week for the Civie Center and Senior Center, (2) days per week for the
Heritage Center, and seven (7) days per week for the Shannon Community Center and the Dublin Swim
Center. Swim Center service is reqUIred from Memorial Day through Labor Day only.
WEEKLY shaU mean one day per week. Days seleeted shall be determined by contraetor and approved by
the Public Works Direetor or hislher designee..
BI-WEEKLY shall mean once every J;jyQ weeks.
MONTIfL Y shaU mean once per calendar month. Day(s) selected shaU be determined by the contractor and
approved by the Public Works Director or hislher designee.
QUARTERLY shall mean four times per year Dates shall be consistently three months apart and shall be
selected by the contractor and approved by the Publie Works Director or his/her designee.
SEMI-ANNUALLY shall mean twiee per year. Dates shaU he seleeted by the contractor and approved by the
Public Works Director or hislher designee. Under no eondition or exeeption shall these dates be later than the
first and seventh months of the Agreement period.
ANNU AIL Y shall mean once per year Dates shall be selected by the contractor and approved by the Publie
Works Director or hislher designee.
CONTRACTOR shall mean Tri- Valley Janitorial Service (name of contractor).
CITY shall mean City of Dublin.
AS NEEDED or AS REQUIRED shall mean any item or area servieed to a safe and clean condition as
determined by the Public Works Director or hislher designee.
TERMS AND CONDmONS
SCOPE OF WORK
1 The services to be provided shall include full selVlce janitonal (in accordance with Section 32) at each
of the facilities. The regular services to be provided shall be performed as deseribed in the Janitorial Services
Specification which is attached hereto as Exhibit "B"
TERM OF AGREEMENT/RENEWALITERMINA nON
2. The term of this Agreement shall begin on July 1, ] 996, and shall eontinue in full force and effect
thereafter for a period of one year The Agreement shall be reviewed each year and may be renewed for up to
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a.total of five (5) years. Consideration may be given to an annual adjustment of the rates identified, provided
that the services performed are satisfactory Said adjustment will be subject to written amendment of this
Agreement which requires approval by the City Council. The Agreement may be terminated by either party
with 60 days' advance written notice, exeept that the City may terminate the Agreement without prior notice if
Contraetor fails to perform according to the terms of this Agreement. Upon termination, Contractor shall be
paid for all work performed to date, as provided in Seetion 8, said payment to be prorated a.s necessary.
PROVISION OF PERSONNEL
3 The Contractor shaUfurnish the neeessary employees to provide the building janitorial serviees
described in Exhibit B for the facilities listed in Exhibit A attached.
COMPLIANCE WITH ANTI-DISCRIMINATION LAWS
4. In the performance of this Agreement, the Contraetor agrees not to engage in discrimination in
employment of persons because oftheraee, color, national origin, ancestry, sex, or religion ofsucl! persons.
Violation of this provision may result in the imposition of penalties referred to in Labor Code 1735.
INDEPENDENT CONTRACTOR
5 Contractor shaH be considered an independent contractor and not an employee of the City of Dublin.
City shall have the right to control Contraetor only insofar as the result of Contractor's services rendered
pursuant to this A~eement; however, City shaU not have the right toeontrol the means by which Contraetor
aecomplishes sefVIces rendered pursuant to this Agreement.
Except as City may speeity in writing, Contraetor shaU have no authority, express or implied, to act on behalf
of City in any capacity whatsoever as an agent. Contraetor shall have no authority, express or implied,
pursuant to this Agreement, to bind City to any obligation whatsoever.
CONTRACTOR RESPONSffiLE FOR COMPENSATION TO EMPLOYEES OF CONTRACTOR
6. The Contractor shall be responsible for the cost of all remuneration of whatever kind to employees,
including, but not limited to, regular and overtime pay, as well as cost of va eat ion, vacation replacements, sick
leave,severance pay, and pay for legal holidays. The Contractor shall also pay all Federal and State payroll
taxes for its employees.
PREVAILING WAGE
7. The Contractor shaU eomply with Labor Code Seetions 1770 et. seq. Prevailing wage increases shall
not be considered as the basis of art agreement amendment outside of the time noted in the agreement.
COMPENSATION FOR SERVICE PROvIDED
8. Payment shall be made on a monthly basis. The Contractor shaU submit an invaice showing the
amount due for the previous month. The invoice shall itemize the costs for each facility The monthly costs
by faeility for all regular services (as defined in Exhibit B) ineluded as part of this Agreement are as follows:
Page 2 of Agreement
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Civic Center:
Shannon Community Center
Senior Center'
Heritage Center'
Dublin Swim Center
$2,940
$2,980
$ 834
$ 175
$ 980
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3 months (plus a few days) per year
TOTAL:
$7,909
The above monthly costs are the total amount to be paid by City for regular serviees. All such payments
above shall be contingent on approval of satisfactory performance of the work stated in the specifications.
Approval of satisfactory performance shall be judged solely by the City representative assigned to supervise
this Agreement.
Upon request by the City, Contractor agrees to perform serviees in addition to those regular services set forth
in Exhibit E, at the following rates: $15 00 per manhour, with a minimum of three (3) manhours to be billed
for each event. Invoices shall indieate the dates on which extra work was performed and the facility at which
the extra work was done.
HEALTH AND SAFETY
9 All afplicable safetY orders, rules, and regulations of the Department ofIndustrial Relations, or other
jurisdictiona agency shall be followed and enforced by the Contractor Contraetor shall comply with aU
applicable federal, state, and local laws, ordinances, or codes. Employees of the Contractor shall not wear
earphones for radios or tape players while working or utilize "boom boxes" or other electronic devices which
may disturb the public or distract from work being performed. Contraetor shall perform work in a safe
manner so ,as not to endanger employees of Contraetor or City or the General Publie. Smoking is not aU owed
in City facilities.
10. All personnel shall be in good health and free from contagious diseases. No employee drinking alcohol
or under the influence of alcohol or drugs shall be allowed on the premises or in the buildings, nor shaU any
employee bring aleohol or drugs on the premises.
SECURITY
11. Contractor shaUbe responsible for ensuring that aU doors are locked at aU times when work is
performed outside of regular operating hours. Contraetor shall be responsible for reponing any property
damage or vandalism at a facility to the Dublin Police Services. Neither Contractor nor its employees shall
admit any person into any facility (including grounds) on which work under this Agreement is being
performed who is not an aetive employee of the Contraetor All employees shall be required to wear
identifieation patches or badges whieh are to be furnished by the Contractor:
12. Contractor-will be responsible for maintaining any building keys issued to Contractor or its employees.
Ifkeys are lost, Contraetor will be responsible for aU costs associated with re-keying the facility(ies).
Contractor will also be required to pay any costs incurred by the City as a result of Contractor's failure
to utilize proper alarm codes at those faeilities which have alarm systems.
PERSONNEL
13 Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In
the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of
Page 30f Agreement
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any such persons, Contractor shall, upon receiving notice from City of such desire of City, cause the removal
of such person or persons. The time period for removal of the affected employee shall be at City's discretion,
. ,
14 Contractor shall provide and keep current an organizational ehart and list of all employees performing
work in City Facilities. It should be noted that Dublin Police Services will perform background checks on all
employees who work in the Civic Center Police Wing and may deny access to specific employees based on the
result.
SUPERVISION OF CONTRACTOR'S EMPLOYEES
15 All "work shall be performed under the supervision of a trained supervisor who will be responsible for
the conduct and workmanship of the Contractor's employees, There must be at least one (1) employee on the
premises during the hours that work is in progress who speaks and understands the English language (spoken
and written).
SUBCONTRACTORS OR ASSIGNEES
16. Nb perforrnanee of this Agreement, or any portion thereof, may be assigned or subeontracted by the
Contraetor without the express written consent of the Publie Works Director Any attempt by the Contractor
to assign or subcontract any part of the performanee of this Agreement without the eXpress written consent of
the Public Works Director shall be invalid and shall constitute a breaeh of this Agreement. Whenever the
Contractor is authorized to subcontraet or assign the terms thereof shall incorporate by reference this
Agreement and shall not eonflict with this Agreement. The City assumes no responsibility toward any
subcontraetors the Contraetor employs in the performance of this Agreement.
CHANGE IN OWNERSHIP
17 Contraetor agrees that if there is a change in ownership prior to completion of this Agreement, the
new owners will be required under terms of sale to assume this Agreement and complete it to the satisfaetion
of the City
INSURANCE
18. The Contraetor shall furnish, prior to beginning work, satisfactory eertificates of insurance issued by
the earrier The eertifieates-must indicate that the following coverage will be in effect and must be maintained
throughout the duration of the eontract:
a. Workers' Compensation Insurance in aceordance with the provisions of the Labor Code of the
State of California.
b Public Liability and Property Damage in not less than a eombined single limit of $1,000,000 for
one or more persons injured and property damaged in one accident. Property Damage
Insurance shall include specific protection from any possible damage to buildings on adjoining
property which may result from the exeeution of this Agreement.
c. Contraetual Liability' The Public Liability and Property Damage Insuranee shall also name as
an additional insured the City of Dublin and shall assume the defense of the City, its officers,
employees, and agents from all suits, actions, subjected or put by reason of, or resulting from,
the Contractor's operations in the performance of this Agreement.
Page 4 of Agreement
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The Certificates of Insurance shall note that caneellation or reduction in coverage of the specified insuranee
cannot oecur until ten (10 ) days after receipt by the City of notification of such cancellation or reduction by
registered maiL If cancellation or reduction of insurance should oecur, the City may obtain like insurance and
deduct the premiums from the amounts due the Contractor under this Agreement or may terminate the
Agreement.
BONDS
19 The Contraetorshall possess a Janitorial Service (dishonesty) Bond in an amount of not less than
$15,000 The City of Dublin shall be a named subscriber to the Bond.
LICENSES, PERMITS, ETC,
20. Contractor represents and warrants to City that he has all Iieenses, permits, qualifications, and
approvals of whatsoever nature which are legally required for Contractor to perform the work required
hereunder. Contractor represents and warrants to City that Contractor shall, at his sole eost and expense,
keep in effeet at all times during the term of this Agreement any licenses, permits: and approvals which are
legally required for Contractor to perform such work.
21. Contractor shall obtain and keep current a City of Dublin Business License.
TELEPHONE CONTACT
22. If an answering maehine is used by Contraetor for routine contaet on working days, the Contractor
shall respond to messages on the same day that the message was left, exeept that messages left after 4:00 p.m.
will require a response no later than 9'00 a.m. on the day following the date the message was left.
23 For emergency purposes, the Contraetor shall provide at his sole expense a home telephone number,
answering service number, telephone beeper, or other method of receiving calls by the Supervisor on a 24-
hour, 7-day-per-week basis. This contact arrangement shall be used to promptly address emergency
situations. Contractor's on-site supervisor shall carry a pager for emergency contaet during the time the erew
is working in the City's facilities.
WORKING HOURS
24. Parameters for working hours will be determined by the City and are subject to change. The general
hours a specific building is available to be cleaned are listed in the Building Specifications, Exhibit A. The
Contractor shall not begin work in a building or area of a building that is occupied by members ofthe public
without specific permission of the Public Works Director or hislher designee. Work in the Police Facility
must be performed when a Police Service employee is on duty, and access times must be arranged in advance.
25 The City observes the following holidays: New Year's Day, Martin Luther King, Jr 's Birthday,
Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans'Day, Thanksgiving Day and the
following Friday, Christmas Eve and Christmas Day, and New Year's Eve. Contraetor will not provide
service to City facilities on observed City holidays except when special events are held at a facility
SCHEDULES
26. The Contractor shall provide the City montWy with a written maintenance schedule whieh includes
proposed working hours. Dates for work other than routine daily items shall also be provided. This schedule
and any adjustments must he approved in wntmg by the City For all quarterly, semi-annual, and annual
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s~rvices, the Contractor shall inform the City a minimum of 15 days prior to the proposed performance of the
serviee. The City shall approve of the dates selected.
ENERGYCONSERV ATION
27 The Contractor shall be responsible for energy conservation in the premises being cleaned under this
Agreement. Upon entering the premises, lights in areas not being used by occupants and not required for
immediate cleaning purposes shallbe turned off. Lights shall be turned on only in areas where work is in
progress and shall be turned off as soon as the area is cleaned. All lights in the premises, except night lights or
other designed lights, shall be turned off when all cleaning is eomplete. Particular attention shaH be given to
turning off lights on Friday nights. If the Contractor fails to turn off lights as specified herein, the amounts
payable hereunder shaH be reduced by the estimated eost of energy used as a result of such failure.
REPORT OF DAMAGE
28. The Contractor shall report broken windows, plumbing leaks, and other building repair needs to the
Public Works Director or his/her designee. The Contractor shall immediately notify Dublin Police Services
when vandalism or other destruction of City property is observed inside and outside the facilities.
USE OF CITY PROPERTY
29. Employees of the Contractor shall not disturb papers on desks, floors, or other surfaces, open drawers
or cabinets, use radios, television sets, eoffee pots, stoves, refrigerators, typewriters, eomputers, copiers, or
tamper with personal or City property The telephones shall not be used for personal calls or for business
ealls not specifically related to this contract.
FURNISHING OF SUPPLJES AND EQUIPMENT
30. The Contractor shall furnish, at the Contractor's expense, all supplies and equipment necessary to
properly perform work. These supplies and equipment include, but are not limited to, waxes, floor finishes,
cleaners, floor stripper, sealers, detergents, cleaning powder, disinfectants, metal and furniture polishes, glass
cleaner, brooms, mops, mop presses, sweeping tools and cloths, buekets, brushes, sponges, squeegees, wet
and dry vacuum cleaners, janitor carts, ladders, floor machines, and adequate floor maehine scrub and polish
brushes. Contractor is responsible far furnishing any and all supplies required for the Holding Cells, including
those supplies related to removal ofinfectious waste. The City shall furnish the following paper produets and
supplies onlv' toilet tissue paper towels. seat orotectors wastebasket a~d trash receptaele liners hand soaD
for restroom dispensers. and sanitary napkins and tampons for restroomvendinll: cabinets. The Contractor
shall be responsible for notifying the Publie Works Director or his/her designee when these supplies need to be
re-ordered.
31 All supplies and materials furnished by Contraetor shall be kept in sealed, leak free, and clearly labeled
containers. Labeling shall be ofa permanent type that will not wash or fade away Aset of Material Safety
Data Sheets (MSDS) for all applicable products used in City facilities shall be provided in a separate binder
for each building serviced. Binders are to be maintained on-site in each building. City will review MSDS
sheets and products used and reserves the right to rejeet specific products. City shall be advised of any new
products proposed to be used before Contractor begins using the produet. Storage areas shall be cleaned and
maintained according to the Janitonal Service Specification, Exhibit B
32. The City shall not be responsible for damage to or loss ofContraetor's equipment, supplies, or
property left on the premises, '
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.STANDARD OF PERFORMANCE
IDrtJ2(
33 Contractor shall perform all services required pursuant to this Agreement in the manner and according
to the standards observed by a competent practItioner of the profession in whieh Contractor is engaged in the
geographieal area in which Contractor practices his profession. All instruments of service of whatsoever
nature which Contractor delivers to City, pursuant to this Agreement, shall be prepared in a substantial, first
class, and workmanlike manner and conform to the standards of quality normally observed by a person
practieing in Contractor's profession.
INSPECTION OF WORKIFAILURE TO PERFORM
34. The Public Works Director of the City of Dublin or his/her designee and the Contractor shall inspect
the work on a monthiy basis during the City's normal business hours at a time to be mutually agreed upon by
City and Contractor. The Director or his/her designee shall judge the performance of the Contraetor pursuant
to this Agreement. If, or when, the work is incomplete or unsatisfaetory to the City, the City shall notify the
Contraetor within one working day to ensure eomplianee. If the work has not been seeured within one.
worJcing day following notification for daily items or five working days following notifieation for items
performed weekly, bi-weekly, monthly, semi-annually, or armually, penalties may be assessed as noted in
Section 35 below
35 When the Contractor does not provide the services specified in Exhibit E, it is agreed that, in the event
of such failure, the City may choose one of the following options:
a. To seeure another contraetor to perform the necessary serviee, and to deduct the eost of this
service (including labor, matenals, and City's overhead) from Contractor's compensation for regular serviee.
b. To seeure an estimate from another contractor to perform the neeessary service and to deduct
the estimated cost of this service (including labor, materials, and City's overhead) from Contractor's
eompensation for regular serviee.
c. To estimate the cost of the neeessary service based on Contractor's quoted hourly rate for
extra work and to deduct the estimated cost of this service (including labor, materials, and City's overhead)
from Contractor's eompensation for regular services.
RESOLUTION OF DISPUTES
36. Except as otherwise provided in this Agreement, any dispute concerrung a question arising under this
contract which is not disposed of by verbal agreement shall be decided by the City, which shall reduee the
decision to writing and mail or otherwise furnish a copy to the Contraetor The deeision of the City shall be
final and conclusive unless, within ten (10) days from the date ofreeeIpt ofsueh copy, the Contractor mails or
furnishes to the City a written appeal. Resolution of the appeal shall be final and binding arbitration
conducted according to the rules of the American Arbitration Assoeiation. Each party in sueh arbitration shall
bear its own costs and attorney's fees and shall jointly pay the cost of the arbitrator and court reporter The
arbitrator shall be selected jointly by City and Contraetor The decision of the arbitrator shall be final.
Pending final disposition of a dispute, the Contractor shall proeeed diligently with the performance of the
contract as written.
EXCUSED NON-PERFORMANCE
37 Contractor shall be exeused from performanee during the time and to the extent that he is prevented
from obtaining, delivering, or perfomUng in the customary manner by aet of God; fire; strike; partial or total
interruption of, or loss or shortage of transportation faeilities; loekout; commandeering of raw materials or
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produets, plants, or facilities by the government. Satisfactory evidence shall be presented to the City and it
shall be established that the non-performanee is not due to the fault or negligence of the Contractor
HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR
38 Contractor shall take all responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to him, to any subcontractor, to the City, to City offieers and employees, or to parties
designated by the City, on account of the performance or character of the work, unforeseen difficulties,
accidents, occurrenees, or other causes predicated on active or passive negligence of the Contractor or of any
subeantractor Contractor shall indemnify, defend, and hold hannIess the City, its officers, offielals, directors,
employees, and agents from and against any or all loss, liability, expense, claim, costs (including costs of
defense), suits, and damages of every kind, nature, and description directly or indirectly arising from the
performanee of the work. This paragraph shall not be construed to exempt the City, its employees and
offieers from its own fraud, willful injury, or violation oflaw, whether willful or negligent. For purposes of
Section 2782 of the Civil Code, the parties hereto recognize and agree that this Agreement is not a
construction contract. By execution of this agreement, Contractor aeknowledges that he has read and
understands the provisions hereof and that this paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the Contractor or subcantractors from liability under this
paragraph.
IN WITNESS WHEREOF the parties thereto have caused this Agreement to be hereby executed.
CITY OF DUBLIN
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CONTRACTOR. /"
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ATTEST
Page 8 of Agreement
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CITY OF DUBLIN
BUILDING SPECIFICATIONS
(Approximate)
The following facilities are to be included in this Agreement:
a. Shannon Community Center
11600 Shannon Avenue
(comer of Shannon Avenue and San Ramon Road)
7 day per week service
Nonnal hours of operation:
Sunday through Thursday 7'00 a.m. to 10:00 p.m.
Friday and Saturday 7'00 a.m. to 12:00 midnight
Hours available for janitorial service: Sunday through Thursday, 10'00 p.m. to 6:00 a.m.,
Friday and Saturday, 12:00 midnight to 6:00 a.m.
b. Dublin Senior Center
7437 Larkdale Avenue
5 day per week serviee (Monday through Friday)
Nonnal hours of operation: 8:00 a.m. to 10:00 p.m.
Hours available for janitorial serviee: 10'00 p.m. to 6'00 a.m.
c. Civie Center
100 Civic Plaza
5 day per week service (Monday through Friday)
Administrative Win,,!::
Nonnal hours of operation: 8'00 a.m. to 5'00 p.m. Will have evening meetings which
would calise eertalll rooms to be used as late as 1'00 a.m.
Hours available for janitorial service. 5.30 p.m. to 11'00 p.m. (ar later if agreed in
advance).
Poliee Wing:
Normal hours of operation: 24 hours daily. Business hours 8'00 a.m. to 5'00 p.m.
Hours available for janitorial service. 5.30 p.m. to 11'00 p.m. with schedule to be
determined by the City for entry to the facility and servicing certain secured areas.
d. Hentage Center
6600 Donlon Way
2 days per week service; days by arrangement with facility manager
Nonnal hours of operation. weekdays 8 '00 a.m. to 12 noon and Sundays noon to 3 '00
p.m., may be used for meetings at other times of day
Hours available for janitorial service. typically evenings until 11'00 p.m. (arrange with
facility manager)
e. Dublin Swim Center
8157 Village Parkway
7 days per week service, approximately 3 months per year
Nonnal hours of operation. 7.30 a.m. to,9:00 p.m.
Hours available for janitonal service: 10'00 p.m. to 6'00 a.m.
EXHIBIT A BUILDING SPECIFICATION, PAGE 1
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The attached Building Summary contains square footage information pertairung to the five buildings
included in this contract. Following is a description of the buildings, ineluding number ofrestrooms and
kitchens, types of space, and so forth.
DUBLIN CIVIC CENTER:
Administrative Wing: Encompasses a Regional Meeting Room, large lobby area, and City Council
Chamber, as well as the City's administrative offices. This building includes approximately 4,850 square
feet .of shell space which does not have any tenant improvements and which will not require janitorial
servIce.
Key Elements - First Floor
Main Lobby' Main lobby and elevator lobby floors are terrazzo finish. Entry doors have installed floor
mats.
Cauncil Chamber: 150 fixed seats with carpeted floors. A signifieant amount of eherry wood natural
finish woodwork is loeated within this room. There is an eight-foot diameter terrazzo and brass inlaid
seal located in the floor Also, a small counter with a sink is located adjacent to this roam.
Small Caueus Room: Conferenee room with adjacent restroom containing one toilet and one sink.
Regional Meeting Room: Carpeted room whieh includes a small kitchen area with a microwave, small
refrigerator, and sink.
Public Restrooms:
Men's - 3 sinks, 2 urinals, 3 toilets_
Women's - 3 sinks,S toilets
Elevatar #1 (located at restroom lobby). Elevator is carpeted. Elevator/restroom lobby is terrazzo.
Information boath. Not presently in use and does not require janitorial serviee.
Development Services: This is the major office area on the first floor and includes the Building, Planning
and Public Works Departments.
This area contains enclosed offices plus work areas which have been developed using partitions. All of
the offiees are occupied. The area also includes two conference rooms and the main copy/mail room for
this wing. The public area contains a 3Qt foot long counter which has a terrazzo top A coffee counter,
sink, and small refrigerator are located in this area. A sink is also located in the copy room.
StaffLoeker Rooms/Toilets: Men's - I sink, 1 toilet, 2 showers.
Women's - 1 sink, 1 toilet, 2 showers, small lounge area.
Janitor's Closet: Janitor's closet with mop sink is located on the first floor
Staff Lunchroom. Includes a small kitchen area whieh has the following appliances: stove, microwave,
refrigerator, and dishwasher
EXHffiIT A. BUlLDING SPECIFICATION, PAGE 2
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Receiving: A large reeeiving room with concrete floor is located adjaeent to the loading dock. This
room provides storage for office supplies. A separate room adjacent to the receiving roam is used for
storage of toilet paper, paper towels. and other supplies provided by the City
Elevator #2: A seeondary elevator leads to a seeond floor expansion area. This elevator and the adjaeent
staircase are earpeted and will require some janitorial maintenance.
Key Elements - Second Floor
Grand Stairway: A large earpeted stairway whieh leads from the first floor lobby to the second floor
RecreationlFinance: These areas contain a small publie counter and four enclosed offices. Four
workstations have been created with partitions. The City's computer room and a small eonferenee room
are also located in this area.
Restrooms: Men's - 2 sinks, 1 urinal; 2 toilets
Women's - 2 sinks, 2 toilets
City CounciVCity Manager Reception Area. This area contains a small waiting area and two built-in
eherrywood desks.
Enclosed Offiees: There are 11 enclosed offiees loeated in this area,
Main File Room: The City's main files are loeated on the seeond floor This room contains an installed
moving fIle system and a small copier
Library' The library is slightly larger than a large office.
Coffee Counter: Two coffee eounterlsink areas are loeated on the second floor Both have small
refrigerators.
Police Win!?:
Contains approximately 19,390 square feet. This includes a 2,110::1: square foot vehicle sally port whieh
may require periodic broom sweeping, and a 300:t square foot eVIdence garage which will not be included
in the routine janitorial agreement.
Key Elements - First Floor:
LobbylWaiting Area: Carpeted.
Public Restrooms:
Men's - I toilet, 1 sink
Women's - 1 toilet, 1 sink
Small Conference RoomIFingerprinting Counter' A small conference raom is located off the lobby The
fingerprint eounter also has an adjacent sink.
Records: This area has two work stations and several file cabinets.
EXHIBIT A. BUILDING SPECIFICATION, PAGE 3
Copy/Mail Room: This room contains a smk and a counter
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Janitor Closet: This room contains a sink.
StaffRestrooms:
Men's. 1 sink, 1 toilet.
Women's -1 sink, 1 toilet
Future Dispatch Area: This area will contain one work station which will be staffed. The area will not be
used for dispatching at this time.
Holding Cell Area. This area contains a separate janitor's closet. Four holding cells are located in this
area. Each ceJJ is equipped with a sink and a toilet. (Cells will not be cleaned when inmates are present).
This area also includes a small adjacent interview room with sink and vestibule areas.
Evidence Storage !l!Id Evidence Garage: These storage areas are excluded from janitorial service.
Evidence Packaging: This counter area includes a sink and lockers and will require cleaning and mopping
as noted in the work schedule.
Annory' This area is excluded from janitorial service.
Elevator' A single elevator is loeated in the Poliee Wing.
Patrol OfficesJReport Writing: This consists of two small offices and a report wnting area. The small
offices were recently changed from carpet to vinyl tile.
TrainingfRoll Call: This is a single room which has a collapsible partition which ean divide the room.
EOC Office: This is a single, enclosed office which will be utilized on an intennittent basis.
Locker Rooms:
Men's - 3 sinks, 2 urinals, 2 toilets, large locker area with built-in shower area (3
heads).
Women's - 3 sinks, 2 toilets
Physical Training Room: Carpeted room cantaining various pieces of physical training equipment and a
large mirror on one wall.
Key Elements ~ Second Floor:
Lunchroom: This area contains a fully-equipped kitchen, mcluding stove, refrigerator, dishwasher, and
nucrowave.
Restrooms: Men's - 2 sinks, I urinal, 2 toilets
Women's. 3 sinks, 2 toilets
Open Office Area. Approximately 400 square feet of partitioned offiees.
Endosed Offices: Similar to enclosed offices in rest of building_
EXIDBIT A. BUILDING SPECIFICATION, PAGE 4
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Interview/Observation Rooms: Four enelosed offices are used as interview and observation rooms.
Administration ClericallReception Area. This area has one workstation which is partially enclosed with
partitions.
Conference Room Facilities: There-are two eonferenee rooms in this area, one whieh includes a built-in
counter and sink.
Staff Restroom: Single faeility includes one sink and one toilet.
SHANNON COMMUNITY CENTER
This facility was eonstructed in 1973 and renovated in 1988-89 The City of Dublin uses this building for
its community recreation programs and elasses. The building is also rented for meetings and special
functions such as wedding receptions.
Upper Floor:
Kitehen: Appliances include refrigerator, dishwasher, restaurant type range, warming tools, and
microwave oven.
Office: One large office, three small offices (all earpeted).
East Room: Has hardwood floors. Capacity of 104 assembly or 49 dining.
Social Hall: Linoleum floor Capacity of 486 assembly or 227 dining.
West Room: Carpeted floor; aceess to deck and lawn. Capacity of 152 assembly or 71 dining.
Restrooms: Men's - 1 stall, 2 urinals, 2 sinks.
Women's - 3 stalls, 2 sinks
Janitor's Closet.
Hall and Stairwell: Linoleum floors.
Lawer Floor:
Meeting Room: Carpeted, with access to patio, eapacity of 140 assembly or 70 dining.
Preschool. Partly earpeted, partly linoleum, with attaehed patio Three storage areas.
Hall and Elevator Lobby: Linoleum floors. Elevator intenor is earpeted.
Restrooms: Men's - 2 urinals, 1 toilet.
Women's. 2 toilets.
EXHIBIT A. BUlLDING SPECIFICATION, PAGE 5
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SENIOR CENTER
This facility was formerly a school multi-use room. It was renovated by the City of Dublin in 1988 (floor
n,plaeed in 1991) and is managed by the City for its senior citizen programs and classes.
Offiee. Carpeted.
Social Hall: Vinyl tile. Capacity ofJOO assembly or 197 dining.
Stage: Wood floor. One sink.
Restrooms: Ceramie tile. Men's - 2 stalls, I urinal, 2 sinks.
Women's - 3 stalls, 3 sinks.
StJrlI - 1 stall, 1 sink.
Kitchen Area. 1 toilet, I sink.
Janitor Closet: 1 sink.
HaUway/Office Area. Carpeted.
KitchenlDishwashing Room: Vinyl tile. Contains 3 sinks, dishwashe" and rinse sink, stainless steel
counter, oven and griU, refrigerator Kitchen was renovated in 1991.
HERITAGE CENTER
The portion of this facility which is to reeeive janitorial service is an approximately ISO-year-old former
schoolhouse, consisting of the foUowing rooms:
Carpeted meeting room - approximately 620 s.f
Carpeted office - approximately 336 s.f
Museum with vinyl tile floor - approximately 1,000 s.f (mostly covered by displays)
(2) Small vestibules with vinyl tile flaor - approximately 50 to 60 s.f. each
I men's and I women's restroom with ceramic tile floors - approximately 100 s.f. each.
Eaeh restroom has one sink. The men's has one stall and one urinal; the women's has two stalls.
DUBLIN SWIM CENTER BATHHOUSE
The portion of this building to be cleaned consists of showers and restrooms as fallows:
4 showers
4 sinks
6 toilets
2 urinals
Shower and restroom floor surfaces are ceramic tile.
EXHIBIT A: BUILDING SPECIFICATION, PAGE 6
CITY OF DUBLIN
JANITORIAL SERVICE SPECIFICATIONS
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Proposed work sehedule shall include the following:
ROUTINE JANITORIAL
R'F.s~OOMS AND SHOWERS
DAIT.Y:
Clean and disinfect restroom fixtures, toilets, urinals and basins, plumbing, mirrors, decorative and
protective metals, including undersides and tops of toilet seats.
Remove all sca~e using approved non-abrasive material.
Spot clean and dust walls, partitions, splashplates, windowsills, doors, and related structures.
Clean, refill, and restock soap, towels, toilet tissue, seat covers, and sanitary napkin/tampon dispensers.
These dispensers shall be restocked with sufficient supplies to last until the next servicing.
Empty and wipe down waste and sanitary containers, dispose of contents, replace liners.
Clean entrance doors, remove handprints from push plates and sanitize.
Wash/scrub and disinfect all showers with approved non.toxic gennicidal disinfeetant.
Report burned out light bulbs, graffiti, and any other abnormal situations to the Building Manager.
WEEKLY
Wash woodwork, ceramie tile, and fonnica surfaces and remove splash marks from walls, urinals, and
toilet partitions.
MONTHLY
Clean exterior of air duct reeeptacles.
ANNUALLY:
Remove air duct grilles and wipe back side of grille clean to remove dust! dirt.
EXIDBIT B. JANITORIAL SERVICE SPECIFICATION, PAGE 1
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OFFICES, COMMON AREAS, KITCHENS
AND OTR"F:n MT~r:F.T.l.A.~OTl~ ~OOM~ ANn FArn/mr~
DAILY:
Mop hardwood floors with treated dust mop, spot mop all spills using a wet mop and neutral (PH 7 or 8)
cleaner.
Clean and sanitize drinking fountains.
Spot clean fingerprints and other marks from woodwork, walls, doors, and glass partitions, and the inside
surfaces of exterior windows.
Spot clean walls, ,doors, door frlJ!Iles, and eounters.
Vacuum aU earpeted surfaces.
Spot clean spills or other spots on aU upholstered furniture, carpets, including elevator eabs, stairways,
and landings, and mats beneath desks and "walk-off' mats, using a method approved by the City
Empty and replaee liners in all wastebaskets and earry trash to specified containers at each site. Material
in recycling containers shaU be coUected separately and placed in a bin specifically for recycled paper
Leave aU lights off (ex:eept designated night lights or those in areas being used by employees or the
public).
Dust, with dusting agent or damp cloth where necessary, all horizontal surfaces of office furniture (as
much as can be done without disturbing papers on desks), partitions, ledges, windowsills, and counters,
Clean all kitchen and coffee bar sinks and counters and adjacent walls and cabinets, as well as stove,
microwave oven, dishwasher, refrigerator, and warming tray exterior surfaces.
Report burned out light bulbs, graffiti, and other abnormal situations to the Building Manager.
WEEKLY
Clean and polish metal chairs, office equipment, and wooden furniture.
Wipe down plastic and leather furniture.
Thoroughly vacuum and spot clean upholstered furniture.
Clean and disinfect handsets of phones.
Clean and wipe down all wastebaskets (interior and exterior) and interior trash cans.
Clean and disinfect surfaees of exercise equipment whieh eome in contact with the user of the equipment
(i. e., handgrips, pedals, seats, and backrests, etc.).
EXHIBIT B JANITORIAL SERVICE SPECIFICATION, PAGE 2
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ROUTINE FLOOR CARE
DAILY
Sweep and damp mop all restroom, locker, and shower floors using an approved non-toxic germicidal
disinfectant and clean water Remove all spills, sticky areas, gum, etc.
Damp mop linoleum/vinyl and terrazzo floors to remove dust, dirt, and spills; reapply floor wax as
neeessary to maintain an aceeptable surface condition. Iffacility is in use, dust mopping with a
chemieally-treated dust mop shall be performed in lieu of damp mopping. (See note below regarding
schedule for Senior Center and Shannon Center floors only)
Mop hardwood floors with treated dust mop, spot mop all spills using a wet mop and neutral (pH 7 or 8)
cleaner.
WEEKLY
Machine buff all floors, staircases, and landings to a high sheen using non-slip materiaL
Wet mop hardwood floors using a,neutral (pH 7 or 8) cleaner
Broom sweep saJly port (police) and reeeiving room.
BI-WEEKLY (EVERY mQ WEEKS):
Clean tile grout with approved cleaner.
Scmb vinyl, linoleum, and tile floors to remove seuffmarks or other marks that have not been removed
by normal mopping.
Pour water in all floor drains.
STRIPPING AND WAXING:
Hard surface floors (terrazzo, vinyl tile, linoleum, eeramic tile) shall be completely stripped and waxed
annually
Exeeptian: The Senior Center and Shannon Center floors are to be completely stripped and waxed semi-
annually The Senior Center floor is to be eompletely rewaxed on a quarterly basis for the two quarters
that the strip and wax is not performed. The Shannon Center floor is to be completely rewaxed on a
monthly basis for the ten months that the strip and wax is not performed.
ExceptIOn. The museum room portion of the Heritage Center is exempt from the annual strip and wax
requirement; however, the vestibules ~ required to be stripped and waxed according to this schedule. If
the City decides to have the museum floor stripped and waxed, it will be treated as an extra.
Note: Baseboards arid walls shall be wiped clean immediately after stripping and waxing to avoid
permanent stains and/or damage.
EXHIBIT B JANITORIAL SERVICE SPECIFICATION, PAGE 4
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Polish kitchen appliances and stainless steel to restore original finish. Clean interior of stoves,
refrigerators, and microwaves if needed, This item shall include heavy serubbing of appliances to remove
built up material.
MONTHLY
Perforrn high dusting (i. e., door sashes, tops of partitions, high eabinets, ledges, vents, and hanging light
fixtures). Cobwebs are to be removed to the extent that they can be removed with an extendable pole
and only to the extent that special equipment (i.e., mechanical lifts) is not required,
Clean all glass doors (both sides) in buildings, including glass partitions, to a height often (10) feet.
Clean stair railings and spot clean stairwells.
Clean exterior of air duct receptacles.
QUARTERLY:
Clean and polish all interior metal fixtures and surfaces, including door push and kick plates and pulls.
SEMI-ANNUALLY
Thoroughly clean venetian and vertical blinds.
Vacuum all fabnc window coverings (drapes, shades, etc.).
ANNUALLY
Vacuum and dust all fabric walls and partitions.
Remove and clean back side ofair duct reeeptacle grilles to remove dust! dirt.
C:OTTNrrr, rHAMRlr.R~
The services identified as "Daily" shall be performed tWJee weekly on days specified by the City except
that the Council Chambers shall be ehecked every day for litter and wastebaskets shall be emptied. All
other services shall be performed aceording ta the sehedule for" Offices, et. al. "),
EXHIBIT B JANITORIAL SERVICE SPEClFICATION, PAGE 3