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HomeMy WebLinkAbout4.08 Janitorial Svcs Agmt~~~ OF Dp~~ : G ~ ~. i9'~;~'8z STAFF REPORT C I T Y C L E R K ~` ~ ~` DUBLIN CITY COUNCIL File # ^~~~-[~~ ': ~4LIFOR~~ ` DATE: June 21, 2011 TO: Honorable Mayor and City Councilmembers F~ Joni Pattillo, City Manager SUBJECT: Third Amendment to Agreement with ABM Industries, Inc. (formerly OneSource Building Services, Inc.) for Janitorial Services Prepared By: Steven Yee, Public Works Manager ~~ EXECUTIVE SUMMARY: The City entered into a five-year Agreement with OneSource Building Services, Inc. on June 19, 2007. Since the Agreement was approved, OneSource Building Services, Inc. has changed ownership to ABM Industries, Inc. Due to budgetary constraints, the City has not approved any cost increases for janitorial services since July 1, 2007. On May 16, 2011, the City received a Termination of Contract letter from ABM claiming the need for cancellation due to higher labor and related costs for janitorial services. In order to allow the City time to secure a new janitorial services agreement without interrupting current service, a third amendment to the Agreement is necessary to continue janitorial services #hrough August 31, 2011 at a negotiated monthly rate. The amendment also adds the Dublin Heritage Park and Museum to the Agreement for janitorial services. FINANCIAL IMPACT: __ _ These services are:.funded through the;'City`s General Fund: The current. monfhly rate for janitorial' services is: $10,275.35 The newly negotiated monthly rate effective through August 31, 2011 is $12,718.74. In add,ition, pro~ision of ~anitorial services for the Dublin Heritage Park and Museum' will be an atlditional $743.09'`per month:' RECOMMENDATION: Staff recommends that the City Council ~ Janitorial Services Agreement befinreen OneSource Building S ices, I c.). <. " Submitted By Public Works Director adopt the Resolution Approving Third Amendment to the City of Dublin and ABM Industries, Inc. (formerly Assistant City ager Page 1 of 2 ITEM NO. ~' ~~ ~ G:\MAINTENANCE\Buildings\Janitorial ServicesWmendment to ABMISTAFF REPORT ABM Amendment 3.doc DESCRIPTION: The current Agreement was approved by the City Council on June 19, 2007, and is effective for a five-year term, expiring on June 30, 2012 (Attachment 1). In response to the opening of the Shannon Community Center, the City amended the Agreement on March 17, 2009 to include the facility in the list of buildings serviced by ABM Industries, Inc., formerly OneSource Building Services, Inc. (Attachment 2). __ _ _ . _ _ _. _ _ _ _ _ In> response to fiseal year 2010 20;11 budgefary constraints, a second >amendment :to .the' Agreement was necessary to :reduce the scope of. seruices and compensation ;;schedule to reflect the reduction m D.ublin Library :operafional: hours and the transfer'of the janifonal services for;Stager Community Gym to the Dublin Unified;School District (Attachment 3) Since entering into the Agreement in 2007, ABM Industries; Inc. has not received any rate increases for their services under the Agreement. On May 16, 2011, the City received a Termination of Contract letter due to increased labor and related costs to continue janitorial services for the City facitities. Under Section 8 of the Agreement, the Contractor (ABM Industries, Inc.) may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. NOTICING REQUIREMENTS/PUBLIC OUTREACH: No public notification required. ATTACHMENTS: 1. Current Agreement dated July 1, 2007 2. Resolution No. 29-09 Approving Amendment to the Agreement with ABM Industries, Inc. (formerly OneSource ~ Building Services, Inc.) for Janitorial Services at the Shannon Center 3. Resolution No. 120-10 Approving Second Amendment to Janitorial Services Agreement Between the City of Dublin and OneSource Building Services, Inc. 4. Resolution Approving Third Amendment to Janitorial Services Agreeme°~t Befinreen the City of Dublin and ABM Industries, Inc. together with Exhibit "A" to the Resolution 1659095.1 Page 2 of 2 / ~i JA~IITORIAL SERVICES AGREEMENT BETWEEN 7H~ CITY OF DUBLIN AND ONESOURCE BUILDING SERVICES, INC. THIS AGREEMENT for consulting senrices is made ~y and between the CiTY OF DUBLIN ("City") and OneSource Building Services, Inc. ("Contractor"~ as of July 9, 2007. Section 1, SERVICES. Subject ta fhe terms and condi6or~s set forth in this Agreement, Contractor shall provide to Ciry the services described in the Scope of Services attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Te~m of Services. The term of this F~qreemertt shall begin on July 1, 2007 and shali end on June 30, 2012, the date of completion specifed in Exhibit A, and Contractor shall complete the seroices descnbed in Exhibit A and its Attachments 1 through 9 prior to that date, unless the term of the Agreement is otherwise terminated or extended, as p~ovided for in Secfion 8. The time provided to Contractor tu complete the services required by - this Agreement shall not affect the City's right to terminate the Agreement, as provided ~r in Sec#ion 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and accortling to the standards observed by a competenf practitioner of the profession in which Contracfor is engaged in the geographical area in which Contractor practices its profession, Contrac#or shall pr~pare all work products required by this Agreement in a substantial, first-class manner and shall conform fo the standards of quality normally observed by a person practici~g in Contractors profession. 1.3 AssiQnment of Personnel. Contractor shall assign only competent personnel to per~orm seroices pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Cantr~actor shall, immediately upon receiving natice from Cify of such desire of City, reassign such person or persons provided, however, that if the effectuating of such discharge ar transfer is limited by the confract between Contractor and the employee's union, Contractor agrees to use its best efforts wi#hin the limits of such union contract to effectuate such reassignment as promptiy as possible. 1.4 Time. Confractor shall devote such time to the performance of services pursuanf to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor's obligations hereunder. Contractor shall not be responsible for delays beyond Contractor's reasonable control. Section 2, COMPENSATION. City hereby agrees to pay ConVactor per facility, per mont~ fees as set fort~ in Exhibit B, notwithstanding any contrary indications that may be cantained in Contractor's proposal, for services to be performed untler ~hfs Agreement. In the event of a conflict between this Agreement and Contractor's proposal regarding the amount of compensation, the Agre2ment shalE prevail. City shal! pay ConfractQr for senrices rentlered pursuant to this Agreemenf at the time and in the manner ConsulGng Services Agreemenf between July 1, 2007 City of Dublin and OneSource Building Services, lnc. Page 1 of 13 ATTACHMENT I. ~ ~ ~,~~ d/ - . ~ ~i set fort~ herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant ta this Agresment. Contractor shall submit all invoices to City in the manner specified hereirt. Except as specificaliy aut~orized by Cify, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compertsation paid by City to Con~ractor under this Agreemenf is based upon Contractor's estimated costs of providing the seroice5 required hereunder, including salaries and benefits of employees and subcantractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributEons to any pensions and/or annuities to which Con#ractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such con#ributions beyond compensation required under this Agreement 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of fhis Agreement, based on the cost for services performed prior to tf~e invoice date. Invoices shall contain fhe following information: ^ Clear numerical identification, with no duplication of numbering; ^ The beginning and ending dates of the billing period; ~ ^ The cost per each facility far the specified month. If the billing is for autharized extra work, the billing shall include the date and description. of the wark and shall be submitte~ within 14 days of performing the work. ~ The total number af hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consu(tant performing services hereunder, as well as a separate notice when the #otal number of ho~rs of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the tlme necessary to complete the work described in Exhibit A; ~ The Contractor's signature. 2.2 Monthlv Pavment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have 30 days from the receipt of an invoice that camplies with all of the requirements above to pay Con~actar, 2.3 Total Pavment. Ciry shall pay for the services to be rendered hy Con~racfor pursuant to this Agreement. City shall not pay any additianal sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. In no svent shall Cflntractor submit any invoice for an arnount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modifed prior to the submission of such an invoice by a properly executed change order or amendment, 2.4 , Hourlv Fees. Fees for work performed by Contractor on an hourly basis shal! not exceed the amounts s~own on the compensation schedule attached hereto as Exhibit B. Consuiting Services Agreement between ,fufy 1, 2007 City of Dublin and OneSource Building Services, lnc, Page 2 of 13 ~ ~1 ~ 2.5 Reimbursable Expenses. Contractor shall not be eligible for reimbursable expenses. 2.6 Payment oF Taxes, Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any simi(ar federal or state taxes. 2.7 Payment uuon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shalt campensate the Confractor for all ou#sfanding custs antl r.eimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termina6on. Contractor shall maintain adequa#e lags and timesheets in order to verify costs incurred to that date. 2.8 ~ Authorization to Perform Services. The Contractor is not authorized to perform any ~services or incur any costs v+fiatsoever under the terms of this Agreement until receipt of aufhorization from the Contract Administrator. 2.9. Rate Adiustments. Contractor will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing t~e adjustment shall be the Consumer Price Index for Urban Wage Eamers for the San ~rancisco-Oakland Bay Area published by the U.S. Department of Labor, Bureau of E.abor Statistics (Index) which is published for the year ending in December. If the Index has increased over the Index for the prior year, the rates for the following year shall be established by mul#iplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calcula6on is set forth below. The Public Warks Director shall calculate the adjusted rate on each anniversary date of this agreement and shall provide notice to Contractor of such new rates. SAMPLE CALCULATION: (Using 1% index increase as an example) HOURLY CHARGE RATE $150.OOmr INDEX fNCREASE (Assuming 1°/a) ~50 x.01 ~ 1.50 1.50~r $151.50/hr Section 3. FACILITIES AND EQUIPMENT, Except as set forth herein, Contractar shall, at its sofe cost and expense, provide all facilities and equipment that may be necessary to perform the seroices required by this Agreement. City shap make available to Contractor only the facilities and equipment listed in this secfion, or as described iR Exhibit A attached hereto, and only. under the terms and conditions set forth herein. City shall furnish physical facilities such as storage clasets and sinkslfloor sinks, as may bs reasonabSy necessary far Contracto~s use. Contracfor is obEigated to use and maintain fhese facilities in an orderly fashion and with reasonable care, complying with all applicable building, fire, and safety codes. Where actual janitor storage closets are not available (for example, in the portabfe buildings) janitorial staff may be required to transport cleaning equipment to the site as needed). Consulting SeNices Agreement between July 1, 2007 City of Dublin and pneSource Buifding Services, Inc. Page 3 of 13 5( Section 4. INSURANCE REQUIREM~NTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to properry to the extent caused by performance of the wor~c hereunder by the Contractor and its agenfs, representatives, employees, and subcontractors. Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfacfory in alf respects to the City. Contractar shall maintain the insurance policies required by this section which can be a cambination of primary and excess coverages throughout t~e term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. To the extent required by law, any applicable deductibles or self-insured retainages are the responsibility of Contractor. Contractar shall not allow any subcontractor to oommence worEc on any subcon~act untii Contractor has obtained all insurance required herein for the subcontractor(s) and providetl evidence thereof to City. Verifcation of the required insurance shall be submitted and made part of fhis Agreement prior to execu6on. ~ 4.1 Workers` Compensatian. Contrac#or shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contracfor. The Statutory Workers' Compensation Insurance and Employe~s Liability lnsurance shall be provided with limits ofi not less than 4NE MILLION DQLLARS ($1,000,000.00) per accident. In the al#emative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fuliy with the pravisions of the Califomia Labor Code. Det~rmina6on of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discrebon of t~e Contract Administrator. The insurer, if insurance is provided, or ~e Contractor, if a program of self-insurance is provided, shall waive all rights of subrogafion against the City and its officers, officiais, employees, and valuntesrs for loss arising from work perforrned under this Agreement. An endorsement shall state that coverage shall not be canceletl except after thirty (30y days' prior written notice has been given to the City. Contrac~or shali notify City within ~4 days of no6ficafion from Contractor's insurer if such coverage is suspended, vaided or reduced in coverage or in limits. 4.2 Commercial General and AutomoBile Liabilifv Insurance. 4.2.1 General renuiremen~s. Contractor, at its own cost and expense, shall maintain commercial general and~ automobile IEability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work cantemplated by this Agreement, If a Commercial General Liabifi#y Insurance or an Automobile Liabi{ity form ar other form with a general aggregate limit is used, either fhe general aggregafe limit shall apply separately to the work to be performed under this Agreement or the genera! aggregate limit shall be at least twice the required occurrence ~imit. Such coverage shail include but shall not be limited to, protecfion against clairns arising from bodily and personal injury, Consulting Services Agreement between July 1, 2007 City of Dublin antl OneSource Building Services, Inc. Page 4 of 13 5 5( including death resu[ting thereftom, and @amage to property to the extent caused by Contractor's activities under this Agreement, including the use of owned and non-owned au#omobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as insurance Services 0#fice Commercial General Liability occurrence form CG 0001 or Insurance Seroices Off~ce form number GL 0002 (ed. 1173) covering comprehensive Genera€ Liability and Insurance Seroices Office form number GL 0404 covering Broad Form Comprehensive General Liabilify. Au~omobile coverage shall be at least as broad as Insurance Services Qffice Automobile Liability form CA 0001 Code 1(any auto) or Code 8 and 9(non-owned if cansultant has no owned autamobiles). No endorsemenf shall be attached limiting the coverage. 4.2.3 Add[tional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as addifional insureds with respect fo each of the following: liability ta the e~ent caused by activities perFflrmed by or on behalf of Contractor, including the insured's general superoision of Contractor; products and compEe#ed operations of Contractor; ptemises owned, occupied, or used by Contractor, and automobiles owned, leased, or used by the Contractor. ~ The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. Contractor's naming of City's Indemnifed Parties as additional insured under its insurance policies pursuant to this Agreement shall in no event be c~nstrued for any purpose so as to make Contractor or its insurer liable for the acts or omissions of the City's lndemnified Parties. b. The insurance shal! cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to cantribute to a Eoss under the coverage. d. Any faifure of Contractar to compiy with repo~ting provisions of the policy shall na# affect coverage provided to City and its officers, employees, agents, and volunteers. An endorsement shall state that coverage shal! not be canceietl except after thirty (30) days' prior written notice has been given ,to the City. Cantractor shall notify City within 14 days of notificatian from Con#ractor's Consttlting Services Agreement between July 1, 2007 City of ~ublin and OneSource Builtling Senrices, Inc. Page 5 of 13 ~ 51 ~ insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Resenred. 4.4 Atl Policies Requiremenfs. 4.4.1 Acceptability of insurers. Afl insurance required by this section is to be placed with insurers with a 8ests' rating of no less than A-VI I. 4.4.2 Verification of covera~e. Prior to beginning any wo~c under this Agreement, Contractor shall fumish City with certificates of insurance and with original endorsements effecting coverage required herein. The c~~ificates and endorsements for each insurance policy are to be signed by a~erson authorized by that insurer to bind coverage on its behalf. 4.4.3 Subcontracfors. Contractor shall include all subcontractors as insureds under its policies or shall fiurnish separate certifcates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, provided, however, Contractor may elect to reduce or increase a subcontractor's insurance limits commensurate with the risk associated with such subcontrac#or's work, but in no event shall a subcontractor's liability coverage limits be less than one miflion dol(ars ($1,a00,000.00). 4.4.4 Variafion. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and #orms of such insurancs are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. 4.4.6 Notice of Reduction in Coveraqe. In the event that any coverage required by this section is reduced, limited, or materiafly affected in any other manner, Contractor shall provide written notice to City at Contracfor's earliest possible opportunity and in no case later fhan five days after Contracior is notified of the change in coverage. 4.5 Remedies. In addit~on to any other remedies City may have if Contractor fails ta provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise the following remedy, which is an alternative to other remedies City may have and is not fhe exclusive remedy for Contracto~'s breach: ~ ^ Terminate this Agreement. Cansulting Services Agreement between July 1, 2007 City of Dublin and OneSource BuiEding Services, lnc. Page 6 of 13 ~ ~ ~ ' Section 5. INDEMNIFICATION AND CONTRACTOR`S RESPONSIBILITIES. Contractor shaN defend, indemnify and f~old harmless City and its o~cers, officials, employe~s, agents and volunteers (the "Indsmnified Pariies") from any and alf liabiiity, loss, damage, claims, expenses, attomeys fees and costs caused either directly or indirectly by Contractor's negligent acts or omissions in the performance of services under this Agreement. To the extent caused by Contractor, the Contractor's indemnity obligations hereunder exists irrespective of whether or not a third party claimant specifcally idenfifies Coniractor in his claim; and irrespective of whether or not such claimant actually joins Contractor as a party to any litigation. The Contractor must respond within 30 days to any tender the City may make hereunder of its defense and indemnity, unless the time has been extended by the Cify. Except to the extent Contractor reasonably believes that a potential claim does not implicate Contractor's negligent acts ar omissions, faifure to so respond may subject Contractor to liability far detriment ciused to the City by delay. In the event that Contrac#or ar any employee, agent, ar subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdic6on or the Califamia P~blic Employees Retirement System (PERS} to be eligible for enrollment i ~ PERS as an employee of City, Contractor shall indemnify, defentl, and hald harmless City for the payment of any employee andlor employer contributions for PERS benefi#s on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interes# on such contribu6ons, which would otherwise be the responsibility of City. In no event shall the Intlemnified Pafies or the Contractor be liable one to the other for any incidental, exempfary, unforeseeable, indirect, Joss of profits, punitive or consequential damages whether any claim is based on contract or tort, whether the likelihood of such damages was known to the Indemnified Parties or Contractor, and regard(ess of the form of the claim or action. Section fi. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At aVf times during the term of this Agreernent, Contractor shalf be an independent contractor and shaf( not be an employee of Cify. Clty shall have the right to confrol Contractor oniy insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel parsuant to Subparagraph 1.3; however, othenuise City shall not have the right to control fhe means by wf~ich Contractor accomplishes services rendere~ pursuant to this Agreement. Notwithstanding any other Gity, state, or federa( policy, rule, regulation, law, or adinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing seNices under this Agreement shall not qualify for or became enfitled to, artd hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an emplayee of City and entitlement to any contribution to be paid by City far employer contributians and/or emplayee contributions for PERS benefits. 6.2 Cantractar No Aqent. ~xcept as City may specify in writing, Contrac#or shal) have no authority, express ar implied, to act on behalf of City in any capacity wf~atsoeve~ as an Consuiting Services Agreement beiween July 1, 2007 City of Dublin and OneSource Building Seroices, Inc. Page 7 of 13 ~ / 1 agent. Conh'actor shap have no authority, express or implied, pursuant to this Agreement to bind City to any obJigatian whatsoever. Sectian T. LEGAL R~QUIREMENTS. 7.1 Governinq Law. The laws of fhe State of Califomia shaq govem this Agreement. 7.2 Cam~liance witE~ Applicable Laws. Contractor and any sabcantracto~s shafl comply with all laws applicable to the performance of the work hereuntler. 7.3 Other Governmental Requlabons. To the exten# that this Agreement may be funded by fiscal assistance from another govemmentaE entity, Contract~r and any subcontractars shall comply with a!I applicable rules and regulat~ons to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents an~ warrants to City that Confractor and its employees, agents, antl any subcontractors have a11 licenses, permits, qualifications, and approvals of whatsoeyer nature that are legally required ta prac~ce their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shail, at their sole cost and expense, keep in effect at al~ times during ~he term of this Agreement any licenses, permits, and approvals that are legal}y required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement vafid Business Licenses from City. 7.5 Nondiscrimination and . Equal Opportunity. Contractor shail not discriminate, on t~e basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor ~cnder this Agreement. Contractor shall comply with all applicable federal, state, and local laws, ~olicies, rules, and requirements related to equaf opportunity and nondiscrimination in employment, contracting, and the provisian of any services that are the s~bject of this Agreement, including but not limited to the satisfaction of any positive obligations ~equired of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcon#ract approved by the Contract Administrator or this Agreement. Section 8. TERMiNATION AND MODI~~CATION. 8.9 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractar, Consulting Services Agreement between July 1, 2007 City of ~ublin and OneSource Building SeNices, Inc. Page 8 of 13 5f Contractor may cancel fhis Agreemer~t upan fhirty ~30) days' written nofice to City and shalf include in such notice the reasons for cancellation. In the event of termination, Contractor shali be entitled to compensation far services performed to the effective~date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer soffware, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection~with this Agreement. 8.2 Extension. City may, in its. sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Gon~ractor unders~ands and agrees that, if City grants such an extension, it shall be subject to the City and Contractor agreement as to compensation. Similarly, unless authorized by the Confract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension. period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by ail the parties. 8.4 AssiQnment and Subcantracting. City and Contractor recognize and agree that this Agreement contemplates personal perfarmance by Contractor antl is based upon a determination of Contracto~s unique personal competence, experience, and speciaEized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Confractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of fhe Con~act Administrator. No portion of the servioes provided pursuant to this Agreement may be subconfracted or assigned without prior approval of the City of Dubfin. Requests to subcontract all or any portion of senrices required by this Agreement shall be submitted fo the City's Contract Administrator, ar hislher designee, at least thirty (30) days in advance of the proposed effective date o# the suboontract. Contractor shall include in this written request a detailed descripfion of how the Contractor plans #a oversee the services performed by the proposed subcontractor. Contractor shall be responsible for senrices provided by any subcontractor as if Contractor were providing the services with its own organization. 8.5 Survival. All obiiga6ons arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8,6 Options upon Breach by C~ntractor. If Contractor materially breaches any of fhe terms of this Agreemenf, City's remedies shall include, but not be limited to, the following: 8.6,9 immed~ately terminate the Agreement; Consul~ng Services Agreement between July 1, 2007 City of Dublin and OneSource Building Services, ]nc. Page 9 of 13 l~ 5 I 8,6.2 Retain the pfans, specificatio~s, drawings, reports, design documents, antl any other work product prepared by C~ntractor pursuant to this Agreement; 8.6.3 Retain a different Contractor to complete the work described in Exhibit A no# finished by Contractor, or 8.6.4 For a periotl of time nat to exceed 90 days, charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount thaf City would have paid Con#ractor pursuant to Section 2 if Contractor had comp(eted the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.9 Recards Created as Part of Contractor`s Performance. AI{ reparts, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, ~ records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obfains pursuant to this Agreemenf and that relate to the matters covered hereunder shall be the property of the Cify. Contractor hereby agrees to deliver those dacurnents to the City upon termination of the Agreement. It is understood and agreed #hat the documents and other materials, including but not limited to those described abave, prepared pursuant to this Agreement are prepared specfically for the Ci#y and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties withottt prior written consent of both pa~ies. Notwifhstanding any provision of this Agreement, such materials shall not include materials developed by Contractor which are of general applicability in its industry nor shall it include any pre-exis6ng information proprietary to Contracior or its consulfants, subcontractors, agents or affiliates, together with all developments, improvements, modifications, additions and enhancements thereto made during the term of disclosure which shall r~main the exclusive property of Contractor or its consultants, subcontractors, agents or affiliates, as applicable. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledger~, books of account, invoices, vouchers, cancefed checks, and ot~er records or documents evidencing or relating to charges for seroices or expenditures and disbursements charged to the City under this Agreemenf for a minimum of three (3) years, or for any longer period required by law, from the dafe of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any reoords or documents t~at Sec~ion 9.2 of this Agreement requires Contractor fo maintain shall be made available for inspection, audit, and/or copying at any time upvn reasonabte notice, during regular business hours, at fhe location of the records upon oral or written request of t~e City. Under Cafifomia Government Code Section $546.7, if the amount of public funds expended under this Consulting Services Agreement between July 1, 2007 City of Dubiin and OneSource Building Services, Inc. Page 90 of 13 ~l 51 Agreement exceeds TEiV THOUSAND DOLLARS ($10,000.00), tf~e Agreement shalf be subject to the examination and audit of the State Auditor, at the request of City or as part of ~any audit of the C~ty, for a period of three (3) years after final payment under fhe Agreement. City's audit rights shall not include the right to autlit the makeup of fixed price costs or fixed rates agreed upon by City. Section 10 MISCELLANLOUS PROVISIO~fS. 10.1 Attomeys' Fees. If a party to this Agreement brings any action, including an ac6on for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be en6fled to reasonabfe attomeys' fees in addition bo any other relief to which that pa~ty may be enatled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In fhe event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be ves#ed exclusivefy in .the state courts of Califomia in the County of Alameda or in the United States District Court for the Northern District of Califomia. 10.3 Severabili . If a co~rt of competent jurisdicfion finds or Nies ~hat any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No implied Walver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any o#her term of this Agreement. 10.5 Successors and Assigns. The provisions of t~is Agreement shall inure to the benefit of and shall apply to and bind the successars and assigns of the parties. 10.6 Use of Recycled Rroducts. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is avaiiable at equa! or less cost than virgin paper. 10.7 Conflict of lnterest. Cantractar may serve other clients, but none whose activities within the oorporate limits of City or whose business, regardless of location, would place Contractor in a"conflict of interest," as that term is defined in the Political Refo~cn Act, codified at California Govemment Code Section 81000 et seq. Contractor shall not empfoy any City official in the work performed pursuant to this Agreement. No officer or employee of City shali have any financial interest in this Agreement that woultl violate California Govemment Code Sec6ons 109~ ef seq. Consulting Services Agreement between ~ July 1, 2007 City of Dublin and OneSource Building Services, Inc. Page 11 of 13 ~a ~ i Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12} months, an employee, agent, appointee, or official of the City. If Con#racfor was an employee, agent, appointee, or official of the City in the previous firrelve months, Contracfor warrants that it did not par~cipate in any manner in the farming of fhis Agreement. Contractor understands that, if this Agreement is made in violation of Govemment Code §1Q90 eLseq., the entire Agreement is void and Contractor will not be entitled to any compensation for seroices performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimbur~e the City for any sums paid fo the Contractor. Contractor undersfands that, !n addition to the foregaing, it may be subject to criminal prosecution for a viofation of Govemment Code § 1090 and, if applicable, will be disqualified from holding pubEic offce in the State of Califomia. 10.8 Solicitation. Contractor agrees not to so~icit business at any meeting, focus group, or interview related fo this Agreement, either orally or through any written materials. 10.9 Contract Administrafion. This Agreement shall be administered by Melissa Morton, Rublic Works Director {"Contract Administrator'). All correspandence shall be directed to or through the Contract Administrator or his or her designee. 90.~0 Notices. Any written notice to Con~actor shall be sent to: OneSource Management, Inc. ' 1600 Parkwood Circle Suite 400 Atlanta, GA 30339 ATTiV: Legal Department With a copy to: Mike McGee, Sales Director OneSour~e 220 South Spn~ce Ave. Suite 200 Sauth San Francisco, CA 94080 Any wri#ten not~ce to City shall be sent to; Melissa Morton City of Oublin Public Works ~ 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract adrninistrator, tf~e first page of a technical report, flrst page of design specifications, and each page of consfruction drawings shall be stampedlsealed and signed by the licensed professional responsible for the repo~ldesign preparation. The stamp/seal shall be in a block entitletl °Seal and Signature of Registered Professional with repo~ldesign responsibility,' as in the foflowing example. Consulting Seroices Agreement between ~ Ju1y 1, 2(107 City of Dublin and OneSource Building Senrices, Inc. Page 12 of 13 13 5i Seal and Signature of Registered Professfonal with reporUdesign responsibility. 10.12 InteQration. This Ag~eement, including (1) the Scope of Services a~tached hereto and incorporated herein as Exhibit A and its Attachments 9 through 9, and (2) the Compensation Schedule attached hereto and incorporated rein as Exhibit B, represents the entire and integrated agreement between City and Con ctor and supersedes all prior negotiations, representafions, or ag~eements, either wr~tte~ r oral. CET~F DU$LIN Lockhart, Mayor C) ~ Kay Approved as to Form; ~u-u4'~- ~ Elizabeth Silver, City Attorney onal ~c~ President Consulting Services Agreement between July 1, 2007 City of Dublin and OneSource Building Services, Inc. Page 13 of 13 C ~~ EXHIBtT A SCOPE 4F SERVICES in addition to the terms and conditions in the foregoing Agreement, the Contractor sha11 comply with ihe following: SECTION 1- GENERAL SERVICE pROVISIONS A Work Schedule - Janitorial services shall be provided up to sev6n (7) days per week at the time speafied for each location. General cleaning shall be performed between the hours of 5:00 PM and 5:00 AM. The available tlme schedules for individual facili6es are set forth in Attachments 1 through 9 of this Exhibif A. The City resenres the right, with one (1) week's advance notlce, to change schedules. Contractor shafl provide twenty-four (24) hour emergency response, if requested, and shali respond to City wilhin four (4) hours of request for emergency services. Contractar shall provide a specific monthly schedule of all monihly, quarterly and semiannual services by building, giving specific dates. The schedule for the first fiao (2) months shall be prov+ded at least j5) days prior to the first day of the Agreement tam as set forlh in Sec6on 1.1. The schedule for 1he third month, and all subsequent months, shall be provided with each monthly invoice, and the invaces will not be paid if not acoompanied by a deaning schedule. Example: If ihe Agreement is awarded in May, becoming eflective on July 1, Contractor would need to provide to fhe City monthly cleaning schedules for July and August n~ later than June 25t~. As August comes to a cfose and the Cify receives Contractor's August invoice, Cantractor must aftach the deaning schedule for September, and this process wauld then continue for the duration of the Agreement. ~ Such monthly, quarterly and annual deaning services shall be provided on the day stafed on the monthly cleaning schedule; and if such work requires more t~an ane (1) day to conclude, Contractor must oomplete the work on successive days. Contractor may request a change to t~is cfeaning schedule with seven (7} days' advance notice. B, Holidays - The following twe[ve (12) days are Cfty holidays on which Confractor may need to provide service. All City facilities are dynamic due to their programmed use; and some locations will require ssrvice on holi~ays, as provided below. Independence Day New Year's Eve Labor Day New Years Day Veterans Day Martin Luther King, Jr.'s Birthday Thanksgiving Presidents Day Day after Thanksgiving MemoriaE Day Christmas Eve Chrislmas Day Buildings that may require service during holldays are listed below. The Contract AdminisUator or Facility Manager will p~ovide a schedule of which buildings will require holiday service thirty (30) days' prior to each holiday. • Civic CenterlPolice Wing (Operates 24 hours/7 days per weelc) . Public Library (Passible haliday services) . Senior Center (Possible holiday services) C. Suaulies and Ectuiament 1. Cont~actor shall Furnish and keep in good working order all necessary tools, equipment and supplies, including, but noi limited to, waxes, soaps, cleaners, mops, brooms, bu~ers, ladders, hoses, vacuum cleaners, etc. The Contract Administrator, Facility Manager, or hislher designee, must approve alE supplies andlor equipment prior to their use under this Agreement Any non-complying equipment or supplies shali be changed out immediaiely at the request of the Contract Administrator, Facility Manager or hislher designee. Janitoria{ Services Agreemenf between July 1, 2007 City of Dublin and ~neSource Building Senrices, Inc.-Exhibit A Page 9 of 11 ~ 51 Janitorial clasets located in City facilities may be used by Contractor and shall be kept dean and free of debris and odor at afl times. All supplies and equipment stored in any City janitorial closet sha11 be stored in a neat and orderly manner and in such a way as to preveot injury to City staff, the public, or Conlractot's employees. Co~tractor's on-site supervisor shall maintain an equipment inventory, and a copy sha!! be given to tfi~e Facility Manager's designee, upon request Unless otherwise agreed by the City in writing, deaning products shall meet the appropriate Green Seal Standard for that type of product; e.g., GS~7, GS-40, etc. Furiher information regarding emrironmental or Green Seal products can be found at http~llwww qreenseal orqffindaproduct/index cfm. 2. The City shall provide the follow+ng products for Contractar to use at City locatlons: toilet paper, paper towels; toilet seat covers; trash can liners; liquid hand soap; and feminine sanitary supplies. Ciry shatl atso provide at (ts expense all utili6es, including lights, power and water. Contractor shall stock and refill alf res~oom dispensers, as ouUined in the appEicable section(s) of f~is Exhibit A, (Janitorial Cleaning Specificatians - Master List, ~9 Restrooms, Locker Rooms, Dressing Rooms and Showers. D. Suaervision 1, Contrador shall provide a supervisor ar Jead custodian who shall be present during a11 scheduled cleaning hours and special wor[c assignments at a City facility. This individual shall speak, read, write, and understand English to ihe extent required io perform the applicable job descrip~on. All direc6on given to Contractor's supenrisor shall be as binding as ff given to Contractor, 2. MonthEy janitorial superrisor's repdrfs shall be prepaTed and submitted to Confract Administrafor, Facility Manager, or hislher designee, noting any. building deficiencies needing correctron. 3. While performing work under this Agreement, Contractor's supervisor shall carry a cell phone and pager by which City staff shall be able to communicate with hinVher. Othe~ janiforial staff, at a minimum, should carry pagers and may use Gity phones ia raspond to work-related issues. 4. Contraccor shall pravide a list of all Contractors' staff assigned to each wo~C site. The list shali indude name, address, and drive~s license number and the employee's work schedule and. assignment. A# Conhractor's expense, all of Contractors employees shall have taken and satisfactorily passed background screening for drug and alcohaf use. Except as provided for in Seciion 1.D.5 of this Exhibit A, City and Contractor have agreed that #he criminal badcground check requirement wi(I be sa~sfied by Contractor running a"Level 3° badcground check which includes a aiminal, felony, and misdemeanor check, in an employee's County of Residence and County of last employment only, a Social Security number traoe, and a motor vehide check ff fhe employee is required to drive as part of the employee's job descrip6on. 5. ConVactors emplayees, inc[uding supervisors and managers, and employees performing regular service, hE!- in worlc for absences, or any subcontract staff, who enter the Police Wing of the Civic Center, 100 Civic Plaza, shall have satisfactorily passed a background invesiiga6on Ihrough Dublin Police Services. The background check includes Live Scan processing. Contractor shall be responsible for paying the Deparfment of Justice fee for the Live Scan processing (at this 6me, approximately $100 per person). The City will absorb the staff fime cost involved in running the Live Scan equipment. Contractor is responsible for sc~eduling t~ese background checks prior to any of its employees worki~g in the Pofice Wng. The badcground checks must be performed at leasf iwo weeks (14 days) prior to ihe employee enterir~g the facility. E. Tra(ning • Con6ractor shall provide ongoing documented training programs finr alf of Contractor's staff. Training programs shall indude, but are not limited to, quality standards, task definitions, IIPP plans (Injury and Illness Prevention Program), MSDS sheets (Material Safety Data Sheets), Cal-OSHA (Califomia OccupaGonaf Health and Safety) regulations and all other applicable safety regulatioris. Contractor shafl provide to the Contract Administrator, Janitoriaf Services Agreement between July 1, 2007 City of Dublin and ~neSou~ce Building Services, Inc.--Exhibit A Page 2 of 11 ~~ ~ ~ ~ or his/her designee prior to beginning work, and annualiy thereafter (provided to City witf~ the twelfth (i2~} invoice of each year}, a report showing the Uaining provided for t~e janitorial sfaff working in City bu'~dings. ~ Emplo}~ee Conduct - Employees of Contrac#or, while performing work under this Agreement, SHALL NOT: 1. Be accompanied in their wark area by acquaintances, iamily members, assistants, or any ol~er person unless such person is an on-duty authorized Contractor employee. 2. Remove any City properry, or property, equipment, monies, forms or any ather item be[onging to an employee of the City, from City faalities. 3. Engage in horseplay ~r loud boisterous behavior. 4. Be under the influence of alcohol or drugs, 5. Gambls. 6. Smoke in any building. 7. Tum on or use any electronic equipment (computers, typewriters, radios, etc.} other than t~ose suppEied by Contractor. 8. Use any Ciiy telephoRe except those designated by the Cor~tract Administrator, Facility Manager, or hislher designee, for the performance of services under this AgreemenG 9. Open any desk, file cabinet or storage cabinet 10. ~ Remove any artide firom desks. 11. Consume any food or beverage other than lhat brought with or purct~ased by the employee. 12. Consume any food or beverage in any area NOT designated as a break or lunchroom. 13. Engage in non-work-related conversations with City employees or visitors. 14. Come to work Eate or leave worlc early. G. Emalovee Removal - Contractor shall remove from service on City premises any employee ot ConUactor who, in the opinion of the Contract Administrator, Facility Manager, or hismer designee, is not per6orming the services in a proper manner or who is incompetent, disorderly, abusive, dangerous, insubordinate, disruptive, who dces not comply wiih rules and regulations of the City, or is otherwlse objectionable; provided, however, that if the eifectuating of such discharge or transfer is rmited by the cantract between Cflntractar and the employee's union, Contractor agrees to use its best efforts within the limits of such union contract to effectuate such reassignment as promptly as possible. C9ntractor shall in no way interpret such removal to require dismissal of or other disciplinary action against t~e employee; and such removal shall not be the 6asis af any daim for compensation or damages against the Clty or any of its office~s, employees or agents as to the performance of ihe work. H. Employee Appearance and Ider~ification- Contractors personnel shal~ present a neat appearance and be easily recognized as Cantractor emplayees, Contractor shall provide each empfoyee with an identification badge and uniform. The badge shall include the employee's photograph and name, an empfoyee number and Contractor's name. The identification badge shall be displayed on t~e front of the employee's uniform at all times. Con~actor accepfs and understands that any employee who faiis to meet this requirement may be asked to leave City property. Should this occur, the Ciry will not compensate the Contractor or Contractor's employees for lost time. !t is expressly understood that Contractor is responsible for ensuring that all of its employees possess and carry valid photo-identification at all times on City property. Contractors employees shall be wearing their uniforms and idenGfication badges prior to entering any City building, and uniforms and badges shall be wom at all times while worlcing in a City facility. The uniform, at s minimum, shall be a unifoRn shiri to which Contracto~s business name and/or logo have been affixed. Emaloyee Qualifications Contractor's employees shall be at least eighteen {18) years of age and thoraughty trained and qualified in t~e work assigned to them. Cantractor's employees shall be able to follow directions and shall be physically capable of performing the duties assigned to ~hem, induding lifting/moving heavy items, dimbing fadders, etc, J. Re_po~ting and InsaecElons Building Control Lag: Con~actors suparvisor or lead custod~an shall be responsible for r~aintaining building conirol logs. Confractor's employees shall be responsible for signing in and out daily on ihe log. Furlher, Janitorial Services Agreement between July 1, 2007 City of DUblin and OneSource Building Senrices, Inc.-Exhibit A Page 3 of 11 ~ 5i Contracfor's employess who provide speclal deaning services are also required to sign in and out for . services provided. The building control logs shall be the focal point for, communication between the Contractor and the City and for sharing work-related comments and issues. 2 Status Reports; If and when unusaal circumstanaes arise, a report shall be given to ihe Confract Administrator, Faciliiy Manage~, ar hislher designee, the day of the occurrence. Fxamples of unusual circumstances include, but are not limited to, the observance of suspicious persons around a City facility and the discovery of inoperab~e Ggfiting in a Cily facility. 3. Regular Inspections: Contractor's account manager and supervisor shall meat wifh Faality Management representa6ves quarterly to ensure compGance with contract speci5catrons and shafl iniUate meetings, as needed, to review woric sites and resolve problems. 4. Timely Billing: Contractor shall provide speaal deaning service invoices within faurteen (14) days of the services being provided, City shafl be under no obligaaon to pay any invoioe which is submitted to Contr~act Administrator more than fhirty (30) days beyond campleGon of special deaning services. K. Work Pe~formance • Contractor shall adhere to the highest quality standards of the janitorial profession and the City's cleaning standards as communicated by the Facilities Management Superintendent, or his designee, and set forttt in this Agreement. Contractor shall immediately verbalfy notify the Facilities Management Superintendent, or his designee, of any occurrence or cond'+fion that interferes with its abiliiy to be in iull compliar~ce wlth Agreemenf requirements and shall confirm such verbal notification in wri~ng within 24 hours. L. Special Assiunments - City may request janiforial services for special events not cavered in the scope of services under this agreement and outs~de the normal scheduled deaning hours as outlined herein. Ciry may request these special services up to, but not later than, forty-eight (48) hours prior to the event. If the required services are outside Contractor's normal cleaning schedule, payment shall be made on the basis of the hourfy rate and, if applicable, minimum number of hours as set forth in Exhibit B. M. Emeraencv Work •"Emergency work" is defined as any.work beyond the general routine janitorial work required by this agreement Emergency work shau require a shortened Contractor response time of between two (2) and four (4) hours, depending upon the nature of said work. Contractor shall have suf~aent labor and call-out procedures to ensure t~at staffing is avaiEable for this type of unplanned requirement The City of Dubfin will work Gosefy with Contractor to develop a pracedure ior reac6ng to emergency situations. Compensation for `Emergency Work° shall be in accordance with the hourly rate for Special Asslgnments as described above. N. Storape - Contractor may use City janitorial dosets, if availa6le; and if utilize~, Contractor shall keep this space in a neat, dean, ador free, and orderiy condition. The City w111 not be responsible in any way for damage to or loss of Contractor's s#ored supplies andlor equipment or for Conlractor's employees' personal belongings stored in any Cify janftorial dosets. As noted in Sectlon 3 of 1he Agreement, if janitorial dosets are not available, Contractor shall store its supplies arid equipment in its own facilify or company vehides. 0. Securi - Cantractor shalf be required to have available the keys provided by the City at all 6mes while providing service to the City. A!f doors shal! be unloclced and locked in such manner and at such Gmes as required by each building's spec~cations. Contractor shall be responsible for ensuring that all doors are closed and locked during its pertormance of janitorial duties. Lost keys or security card-3ceys sha!! be immediately reported to the Facilities Management Superintendent, or his designee, and charged to Contractor at the rate of $50.00 per Icey or security card- key. In addition, Contractor shall reimburse.Ciiy for all costs associated with re-keying any or afl faclcs necessitafed by lost keys in hisTher control. Contractor's employees shall NOT set off, or fa~ to reset, a building alarm, as instructed. Such false alarms or failure to reset an alarm shall cause the Ciry to incur damages, and Contractor shall be charged liquidated damages of One Hundred Fifly Dolla~s ($150} per event Contractors employees shall rzof operate for personal use any City computers, fax machines, telephones, #elevision sets andlor coPiers while performing senrices Janitorial Services Agreement between July 9, 2007 City of Dublin and OneSource Building Services, lnc.--Exhibit A Page 4 of 11 ., ~~ 5 ~ ~ under this wntract Contractor shall be financially responsible for any loss, damages, ~ accrued charges for any unauthorized usage of City equipment. P. Care of Faciltties - Contractor's empfoyees shall regulady observe the general condiGon of all building areas and report problem areas to Contractor's supervisor or lead custo~an. Contractor shall be responsible for knowledge of and use af all fire alarms and fire preven~on equipment In case of emergency,. Contractor's employees shall no~ijr the Emergency Services by dialing 911 and shall then call or page t~e Conaact Administrator, Facility Manager, or hisltier designee, immediately. For non~mergency repairs, ConVactor shall report all required non-emergency repairs by contacGng the ConVact Administrator, Facility Manager, or hislher designee. Q, Energy Conservation: Unlsss othenuise specified by Contract Adminislrator or Facility Manager, lights are to be tumed off in facilibes when janitorial staff is finished working for the evening. R. Graffiti - Contractor shall immediately remove all graffitl f~om all surfaces found inside any of the buildings after cansulting with the Cantract Administratar, Facility Manager, or hisn-er designee, for removal metfi~odology. Grafliti noticed. an the outside of any building shall be reported to Contract Adminfsbrator, Facility Manager, or his/her designee. Section 2 - Reuuired Services The services to be provided under fhis Ag~ement are listed in this Section 2 of Exhibit A. (n some instances, services may differ among the various facilities. The following buildings are included in this agreement: • Civic Center,100 Civic Plaza (Includes both City Hal! and Police Wings and portable building in parking lot)~ • East Building Inspection Trailer, Chancery Way at Csntral Parkway (east of Tassajara Road) • Library (Community Room, lobby, main restrooms, and City staff aff~ces only), 200 Civic Plaza • • Scnior Center, 7600 Amador Valley Boulevard • Emerald Gfen Presch4ol and Activity Center, 4201 A& B Central Parkway • hleritage Center (historical school hause and church}, 6600 Donlon Way . Stager Community Gym, 6901 Yo~C Drive • Dublin Swim Center, 8157 Vllage Parkway (seasonal} Following is a master list.of seroices required under this Agreement. Not all services are required at all buildings; a specific breakdown is provided for each facifity iri Attachments 1t~rough 9 to this Exhibit A. Notwithstanding anything to the contrary in fhis Agreement or the Specifications, unless a specific number of fimes at specific designated hours a~e included in this Specifications, "police" or °policing" or "as required" or "as needed" or "at all times° or "continually" or °frequently inspecY' or "always° or °monito~" or °as necessary" or °as required°..or "repeated" or °immediafely° means to periodically to check an area as duties allow to see what is to be doRe to put the area in neat condition and doing the necessary work. The • use af "etc." in the Specifications denotes no additional requirement as to the Contractor's required performance. 1. Floor~n a. ~nyl, iinoleum, or concrete floors ~sweep) - Sweep with an anti-dust mop. b. ~nyl, Einoleum, or concrete floors (damp ar wet mop) - Use warm water with good Janitorial Services Agreement between July 1, 2007 City af Dublin and OneSource Building Servlces, Inc: -Exhibit A Page 5 of 11 ~ 51 ~ quality cleaner fhat leaves no visible or sticky cleaner residue, when dry. Remove all scuff and surface ma~cs. Rinse, if necessary, with clear wann water, and clean mop. Wipe any and afl baseboards free of moisture and dirt. Protect a!I wall surFaces. Buff all tile tioors, as required. c. ~nyl and IinoEeum (cleart and wax floors - traffic areas) - Dust entire floor and comers with treated mop. Damp mop and remove any spot or stains. Allow flooring to dry compfetely. Apply wax in traffic areas only, feathering out ta comers. Comers shall be waxed onky as part of complete stripping process (see d below). d. Vinyl and lino[eum (strip) - Strip completely and wax, incfuding comers. e. Stone, marbie, slate, granite, ceramic tite, travertine, terrauo floors, stairs (sweep) -- Sweep surfaces. f. Stone; marble, slate, granite, ceramlc tife, travertine, terraao floors, stairs (damp mop) - Use a detlicated mop and good-quality cleaner recommended for marble, slate, granite, ceramics and travertine. The floors shall be free of dust, di~t, cleaning material residue, str~aks, mop sVands, grease, and spills and thorough~y maintained to ~resent an aoceptable glass. Protect all wails from splashing and wipe off any moisture or chemicals from afl baseboards. Polish wood molding, if necessary, to prevent moisture damage. g. Stone, ~marbl~, slate, granlte, ceramlc tlle, travertine floors, stairs (strip, seal) - Apply stripping solufion. Machine s~rub (canventional machine) and wet vacuum stripping. This shall be followed by an applicabon of a neutralizer rinse, followed by a damp mopping with clear watec When floor is dry, apply fnish or sealer. Protect all wall finishes and wipe down all baseboards to be free af moisture and residue. Polish, as needed. h. Stone, marble, slafe~ granite, ceramic tile, travertine ftoors, stairs (refinishing) - Refinish as follows: Use a conventional (buffer} machine with a 3M blue cleaning pad and a trigger spray boftle with clean water to buff. Let floor dry. Follow with a dust mopping and then a damp mopping. Let floor dry. Apply two (2} coats of floor finish. Be sure floor is tharaughly dry beiween coats. Within 24 hours of last application of finish, bumish with a high-speed buffing machine (1,100 rpm). i. Swim Center Blue Resilient Rubber Flooring - Use warm water with good q~ality disinfectarit cleaner that leaves no visible or s6cky cleaner residue, when dry. Apply with brush, and rinse with clear warm water. Use wet vacuum to remove excess water. Wipe any and all baseboards ftee of moisture and dirt. Protect all wall surfaces. 2. Hardwood Fioors and Carpetinq a. Hardwood floors far gymnasiums, bailrooms or dance floors (dust rnopping) - Use a dedicated dust roop on hardwood floors with °Super Hil-Tone Qust° mop treatment, manufactured by Willard (or equivalentj. The mop shall be treated per man~facture~s instructions. b. Hardwood floor surfaces (wet mopping) - Use a dedicated wet mop with Hillard Super Shine All Cleaner (or equivalent; speci~ic products required for Senior Center bamboo wood ftooring and floor machine at Stager Gym). At the Gym mopping is done with a floor cleaning machine that uses a faam cleaner solution. Remove all scuff and surface rnarks. Follow di~ections on label. NQTE - DO NOT USE the same mop for damp mopping and for applyi~g the finish! c. Carpet and mats (vacuum traffic areas) - These areas include main enfries and all doo~s, elevator lobbies, elevators, areas where food is available, main comdor5 in Janitor~al Services Agreement between July 1, 2007 Ci~y of Dublin and OneSaurce Building Services, Inc.--Exhibit A Page 6 of 11 ~( buildings and open iandscaped areas. Vacuum traffic areas. Move all chairs, trashcans and other easily removed items, and vacuum undemeafh. Hand wipe baseboards. d. Carpet and mats (vacuum all areas, incEuding edges and comers) - Vacuum with an industrial- powered vacuum cleaner and inspect for spats. Remove spots, foUowing the manufacture~'s recommendations oampletely, with an approved industrial-grade spot rem~ver that leaves no visible residue. Report to the Facilities Management Superintendent, or his designee, all tears, bums, unraveling or ot~er damage. Move afl chairs, trash cans and other easiiy removed items and vacuum undemeath. Hand wipe basehoa~s. ~ ~ e. Carpet spot cleaning and spot removai - PerForm, as necessary. f. Graffiti (remove all marks and writing) - Remove ftom all interior sur~aces (doors and walls). !f unable to remove graffiti, call Rublic Works at 925-833-fi630 and leave a message. Leave callers name, loca~on of the building, flaor and area where the graffiti is located. g. Walls, doors and mold~ng (spot cleart) - On a regular basis, inspec# all waEls, doors and moldings; and remove any and all fingerprints, smudges, dirt or accumutations from these areas, as required. 3. Doors and Entrances a. Doors and entrances (clean and polish) - Clean and polish interior and exterior surfaces to a height of 8', removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oits or accumulations from these ar~as. On a reguEar basis, inspect all doors and entra~ces; ar~d clean doors and entrances across the enbre width of the entrance front, as required. b. Drinking Fountains - Clean, disinfect and polish. c. Public 7elephones (clean and disin#ect) - Clean and disinfect all public telephones ac~d enclosure walls. Remove all graffiti from phones and surrounding a~ea. If unable to remove graffiti, cantact Public Works at 925-833-fi630 and give loca6on and phone number. 4. Glass and Windows a. Glass and windows - On a regular basis, inspect all glass and f~ames and remove any and all fingecprints, smudges, di~, cobwebs, insects, grease, oils ar accumulations from these areas to a height of 8 feet, as required. When glass is part of an entrance area, cfean across the entire width of the entrance front, if required. Clean picture glass and mirrors as needed to remove finger~rints, smudges, and any other dirt or material, to leave a clean appearance. 5. Dustin a. Dusting - Remove all accumulated dust, dirt, debris and cobwebs from all surtaces, comers, shelving crevices, offce desks, bookcases, tables, partition tops, window ledges and baseboards. Use treated mops and claths to help prevent the redistribution of sarne into the air. Desktops shaEl be dusted only if papers have been removed. b. Dusting (high dusfing) - Remove alI accumulated dust, dirt and debris irom the surfaces, comers, crevices, light fi~ures, partitian tops, window iedges, door frames, jambs, and blinds. Use treated mops and cloths Eo help p~event the redistribution of same in the air. Blind slats shall be individualiy cleanetl. Remove cobwebs inside rooms, comers and ceilings. Clean HVAC vents and ceiling tiles. c. Wastebaskets- Empty wastebaskets and re~lace liners. Empty recycling cantainers in Janitorial Services Agreement between July 1, 2007 City of Dublin and OneSource B~ilding Sen+ices, Inc.-Exhibit A Page 7 of 11 ~I 51 ~ individual offices and common areas. Material from recycling cflntainers shall be kept separate from other trash arui ~laced in appropriate bins. Remave all other boxes, cardboard and oontainers which a~e designated as "trash° and place in the designated dumpster. Break down all cardboard boxes before discardiRg in dumpster. Large recycling bins inside fac9lities (for example, in t~e Civic Center mail room and lunchroom) may be emptied by others; contractor should verify with ihe facility manager for each facility where trash and rscyclable material is to be taken. d. Wastebasketltrash containers (wash and d~sinfect) - Clean and disinfect all wastebaskets and trash containers in all interior and exterior locations. e. Artificial Plants - Clean to nemove dust and other debris 6. Elevators a. E[evator (clean and polish) - Remove all finger and. haruiprints, gr~ase, oils, smudges or marks. Palish interior walls, ceilings, and door~ inside and outside. Vacuum carpet and elevator door tracks. Spot cfean carpet or flooring, as necessary, to remove stains and odors. ~ 7. Stairwells. Exterior and f~terior a. Staircases, balustrades and rallings (dust and wfpe) - Dust and wipe all stairr,ase areas, including all railings and areas around and undemeath stairs. Vacuum carpeted areas, and spot clean carpet. b. Stairwells - Sweep, damp mop and spot clean. 8. Offlces a. Wooden furniture {clean and polish) - Clean and polish all wooden fumiture with approved polish. Do not disturb any paperwork on desks, tables ar~d files. ~ b. Fonnica and metaf desks (clean alf) - Clean all tables, stands, chairs, filing cabinets, lockerfops and.fronts. Do notdisturb paperwork. c. Wood fixtures (polish) - Polish all wooden walls, doors, handrails and all accents. d. White boards and pen rails (clean) - Wash and clean (only if boards are erased). e. Fabric or carpeted walf caverings (dust andlor vacuum, spot ctean) - With a soft brush, dust all fabric and/or carpeted walls to maintain a neat and clean appearance. Vacuam all areas where a traffic pattem is evident. Spot clean areas per manufacturers speciftcations for wall covering. Damp wipe vinyl. Clot~ fabrics require chemical cleaner to remove spots. f. LEght switches ~cfean and disinfec~) -- Use a damp cloth to remove ail smudges, 6ngerprints and dirt. Apply disinfectant. g. Light fxtures (clean all) - Dust all with treafed cloth. Vacuum and damp wipe, if necessary, to remove al! accumulated dust and dirt. h. HVAC vents and diffusers (clean a!I) - Vacuum and clean wifh disinfiectant Vacuum adjacent ceiling tiles and areas. 9. Restrooms, l.ocker Rooms, Dressing Rooms and Showers a. Restrooms (clean, disfnfect, restock suppli~s) - Clean and disinfect all urinals, tailets> partitions and pfumbing. Damp mop floors with disinfec~ant. Clean and polish chrome antl stainless frxtu~es. Clean, disinfect and deodorize interior and exterior of sanitary napkin depositories. Replace dispasal bags antl plastic trash liners. Clean mirrors to be streak- free. Install disinfectant in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper, seat covers, paper towels, sanitary supplies and.deodorizers). Inspect Janitoriat Services Agreement between ,luly 1, 2007 City of Dublin and OneSource Building Services, Inc.-Exhibit A Page 8 of 11 a~~~5 ( lighting for satisfactory operation. Report to the Facilities Management Superintendent, or his designee, all iights that are not working properly. b. Showers (clean, disinfect) - Clean and disinfect all walls, floo~s and curtains. En6re area shaU be ftee of soap scum, fungi, hair, urine deposits and unpleasant odors. Floors and tiled areas shal( be free of streaks and mildew. c. Locker rooms or dressing rooms -lnstaU disinfectant in ftoor drains. Disinfect FtVAC vents, and clean mirrors to be streak-free. Wax floors to maintain original appearance. Vacuum ali carpet areas, and remove all stains. C~ean and disinfect lockers insi@e and outside, if unlocked, Do not disturb versonal belanQinqs. 10. Kitchen or Coffee Bar Areas a. Kitchenlbreakroom floars (degrease and dlsinfect) - Map all kitchen flaa~s with disinfectant. Re6nish, if necessary, to maintain original appearance. b. Kitchenl6reaicroomlcoffee bar sinks, counters and appiiances (wash and disinfect) - Inclade all kitchen tabletops in area and generaliy clean up alI stainless steef or laminate surfaces. c_ Cabinets, sinks and appllances (degrease, disinfect and polish} - Specific to facili~es with "wo~cing cooking [citchens.' Includes refrigerators, stoves, stove hoods, dishwashers, microwaves and all stainfess steel. d. Kitchen Vent Hoods Over Stoves - Degrease, clean and polish. e. Kitchen Anti Fatigue Mats - Degrease, disinfect, rinse and dry. f. Kitchen Floor Drains - Degrease and clean the floor drains / catch basins in kitchen fioor. 11. 5aecial Areas a. Bleachers (clean all surtaces) - Clean all areas around and under bleachers. Damp rnop bleacher seats. b. Jail area (clean an~ disinfect) - Clean and disinfect (when accessible} an walls, floors, ceiGngs and fix#ures. c. Janitorial closets (clean and stock) -- Clean, organize, stodc and keep odor-free. If any chemicals are stored here, maintain a binder of alf Material Safety Data Sheets (MSDS) and keep in each closet. d. Exercise rooms - Wipe down, cfean, deodorize and disinfect all exercise apparatus and mats_ Remove and replace mats in same locations to ensure proper fit. e. Personal computers - ~ust with anti-statlc cloth. f. City refrigerators - Clean as specified for individual tacilities. g. Venetian blinds - Dust and damp wipe bllnds with a t~eated cloth to prevent redistribu6on of dust into the air. h. Vending machlnes - Clean vendi~g machirte sur~aces and sweep or dust mop under the machines. i. Bleachers (sweep and pick up litter} - Sweep and pickup litter on, around and under bleachers, Section 3 - General Provisions A. LiQUidated Damages When Contractar fails to perform, es speci8ed, the services required ln this agreement, the City wiU have been damaged by that lack of performance. Since it is ditficult to define the amount of damage caused, Contr~tor shall Janitorial Services Agreement between July 1, 2007 Ci#y of Dublin and OneSource Building Services, ~nc.--Exhibit A Page 9 of 11 ~i 3~ agree to the following liquidafed damages: lf trained personnel do not report to provide the services required by this Agreemant, the City will incur damages; and liquidated damages of One Hundred Fifty and noh 00 Dollars ($150.00) per occurrence will be deducted from payments due the Con#ractor. Contractor will be notified of the assessment of liquidated demages by telephone or FAX within twenty-four (24) hours of failure to repo~. 2. If Cantractor fails to perform under the terms of this Agreement, t~e Cit~r will incur damage. Contractor will be notified by telephane or FAX wifhin twenty-iour {24) hours o( the failure fo perform, and performance shall be required within twenty-four (24} hours after receipt of such no6ce, If the ~erformance failure is not corrected wifhin tweniy-four (24} hours of recelpt of notice, lhe CIty Hdll incur damaqes; and liquidated damages of One Hundred Fifty and no1100 Dollars ($15U.00) per occurrence will be deducted from payments due the Contractor. 3. Liquidated damages of One Hundred Fifty and no/100 Dollars ($150.fl0) per occurrence will con6nue to be deducted from payments due the Cantractor unti'1 the perFormance failure is remedied. B. Subcontractin4 - No portion of the services provided pursuant to this Agreemen# may be subcontracted ar assigned without prior approval of the City of Dublin. Requests to subwntract all or any portion of servlces requi~ed by this Agreement sha@ be submitted to the ~ity's Cnntract Adminisfrator, or hislher designee, at least thirty (30) days in advance of the proposed effec#ive date of the subcontract. Contractor shall include fn this writien request a detailed description of how the Contractor plans to aversee the services performed by the proposed subcontractor. ConVactor shall be respons~ble for services provided by any su~COntractor as If ConVactor were providing the services wit~ its own organization. Any subcontractor who will provide services inside the Police Facilily shall have successfully passed a background check as described above ~rior to commencing work in that building. Contractor shall bear t~e e~ense of any subconiractor bacEcground checks. C. Labor Strike • Contractor shall be responsible for its own labor relationships and shall nsgotiate and be respoosible for resolving any and all dispufes beiween itself and i#s employees or any union represenGng its employees. Whenever Contractor has knowfedge that any actuaf or potential fabor dispute is delaying, will delay, or threatens to defay, the timely performance of services under this ,~reement, Contractor shall fmmediately give written notice thereof to t~e Cit~r's Facilities Management Superintendent, or his designee. It shall be the Contracto~s responsibility to provide conpnuous services, without intenuption, to all buildings and facilities specified herein throughout the term of the Agreement. In the event of a labor strike, Contracbr shall provide the means, at Contractor's cost, to provide cantinuous services in fulf compliance with Agreement requirements. Failure to do so will cause the City to take whatever action is necessary to provide the services. If, in doing so, City incurs costs in excess of those that would have been paid to the Contractor for the same services, these excessive costs shall be paid by the Cantractor. D. Pn•cina - All rates andlor prices included in this Agreement are firm and naf subject to escalation, except on an annua! basis according to the Consumer Price Index as provided in the Agreement Contracior represents and warrants that all rates andlor prices are at least as low as those currently being quoted by Contractor to commerc+al or govemment users for the same work of similar scope under similar circumstances. E. Lrms of Pavment- Payment shall be made within thirty (30} days from the date of receipt of invoice or acceptance of wock, whichever accurs last. If City is entitled to a prompt payment discount, fhe pe~iod of computaGon shall commence ori the date of receipt of invoice or acoeptance of work by City, whichever occurs last City shaJl endeavor to pay each invoice within lhiriy (30) days, but shafl not be responsible to Contracfor for additional charges, interest ar penalGes due to failure to pay within that period. F. Warran - Coritractor warrants that the work performed under this Agreement complies with all specficaGons and that workmanship is free from defects, If any portian of the work has nof been compfetely described in this Agreement, it shall comply with nationally recognized codes and established industry standa~ds. Contractor agrees that the aforementioned warranties shall be in addi6on io any warranties provided by law or offered by Contractor. Janitoria! Services Agreement between July 1, 2007 City of Dublin and OneSource Building Services, Inc.--Exhibit A Page 10 of 91 a 5~ G. Extra or Additianal Wark - Contractor shafl perfoRn ~o e~ra or addibonal work or alter or deviate irom the work speci~ied in this Agreement unless agreed in writing by City in advance of performance of the work. Payment for extra or addifronal work shall be made on fhe basis of the hou~iy rate and, if applicable, minimum number of hours as set forth in Exhibit B. . H. Force Maieure - Neither party to the Agreement sha11 be held responsible for delay or default caused by 6re, riot, acts of God, andlor war which is beyond that part7+'s reasonable control. Giiy may terminate the Agreement upon written no~ce after determining such defay or default wil! reasonably prevent successful performance of the Agreement Janitorial Services Agreement between July 1, 2Q07 Ciry of Dublin and OrieSource Building Services, lnc.--ExF~ibit A Page 11 of 11 ~ ~i ATTACHMFNI'- ~ City of Dublin Scope of Services - Frequency and Task Chart - Standard Seroice Levels Location: Civic Cenfer, City Hall Wing,100 Civic Plaza Janitorial Cleaning Hours: 5:00 PM to 5:00 AM* Estimated Bldg. Square Feet: 31,800 (5 Days per week, Monday - Friday) Note, includes auxiliary triple-wide inspection staff trailer in police parking Iot. FREQUENCY TASK See SecUon 2 °R uired Services" Qaily inyl, iinoleum, terrazzo; or concrete floors, sweep and/or dust mop ail floors 1a arpet and mats - vacuum traffic areas, staircases, and workspaces c arpet spot cleaning and remova! -(as necessary) e ~usting - all table tops, office desks, and filing cabfiets, and other surFaces a usting - removal of accumulated tlust a raffiti - remove all marks and wri~ng (general) rinking fountains - clean, disinfect and polish b elephones (al( phones) - clean and disinfect c astebaskets - empty and reline . c levators - clean artd polish a Restrooms - cleaR, disinfect, and restock supplies a Kitchen break-room floors - degrease and disinfect 10a Kitchen break-room sinks & counfers - degrease and disinfect 106 Coffee bar sinks and counters - degrease and disinfect 10b eekly -~ Carpet and mats - vacuum~all areas, including edges antl comers d Broam sweep receivinglfile room concrete floor 1a ~ Clean and tlisinfect light switches f ash white boards and en rails if erased d i•Weekl Cl~an tile rout MontE~ly: inyl and linoleum - clean and wax floors - traffc areas 1c Dusting - high dusfing b ooden furniture - clean and polish a Formica and metal desks - cfean all b ood fixtures - polish c enetian blinds - wipe down and cfean 19g uarterly: inyl and linoleum - strip completely and wax 1 d astebaskeUtrash containers - wash and disinfect d Light fixtures - clean all ~ g HVAC vents and diffusers - clean all h ending machines - clean machines and sweep/dust mop undemeam 11 h Artificial lants - Clean to remove dust and other debris Janitorial Services Agreement between ~ July 1, 2007 City of Dublin and OneSource Building Services, Inc: -Exhibit A Page 1 of 13 ~ ~l ~ emi-Annually:. trip and wax ail hard surface floors: terrazzo, vinyl or linoleum d,1g Janitorial Services Agreement between July 1, 2007 City of Dublin and OneSource Building~Services, Inc.-~Exhibit A Page 2 of 13 ~ 5( A'~TACHMENT - 2 City of Dublin Scope of Services - Frequency and Task Charf - Standard Seroice Levels Location: Civic Center Palice Wing,10~ Civic Plaza Estimated Square Feet: 29,200 Janitorial Cleaning Nours: 4:30 PM to 8.3U PN1 (6 -Days per week, Montlay -- Saturday} ~FaEQUENCY TASK ' see Sectton 2 "Requlr~ Servlces° linyl, finoleum, or concrete floors, sweep and/or dust mop all floors ;arpei and mats - vacuum traffic areas, staircases, & workspaces ;arpet spot cieaning and removal -(as necessary) )usting - all tabie tops, o~ce desks, filing cabinets, & other surfaces ;raffi~ - remove a!I marks and writing )rinking fountains - clean, disinfect and polish ;lean and disinfect telephones 31ass and windows (building entrances, lobby areas, etc.) ~ )usting - removal of accumulated dust. Vastebaskets - empty and reline :levators - clean and polish testrooms - clean, disinfect, and restock suppfies ~howers and locker rooms - clean and tlisinfect :itchen break-roam floors - degrease and disinfect ;itchen break-room sinks - degrease and disinfect ail area - clean and disinfect ~when accessible) Broom sweep sally po~t concrete floor when accessible - arpet and mats - vacuum all areas, including edges and corners alls, doors and mofding - remove fingerprints, smudges and ~irt oors & entrances - clean and polish, remove finger prints & smudges lean stair handrails ash white boa~ds and pen rails {if erased) xercise rooms - clean and deodorize myl and finoleurn - c~ean and wax floors - traffic areas usting - high d~sting ooden fumiture - clean and polish ormica and metal desks - clean all ood fixtures - polish abric or carpetetl wall coverings- dust and/or vacuum, spot clean ight swifches - clean and disinfect anitorial closets - clean organize, stock and keep order-fr~e Venetian blinds - wipe-dawn and clean _ a 1a 1b 1b b 1d !11c 11g machines - clean machine and sweep/dust mop undemeath Janitorial Services Agreement between City of Dublin and OneSource Building Services, Inc.--Exhibit A 11h July 1, 2007 Page 3 of 13 51 Quarteriy: inyl and Iinoleum - stri~ complete{y and wax 1 d tone, marble, slate, granite, ceramic tile travertine ffoors, stairs 1g astebaskeUtrash containers - wash and disinfect e . Light fxtures - clean all g HVAG vents and diffusers - clean all . h Personal computers - clean with anti-static.., 11e Semi- nnually: ity refrigerators - breakrooms anly 11 f Janiforial Services Agreement between July 1, 2007 City of Dublin and ~ri~~Ci~~a Building Services, Inc.--Exhibit A Page 4 of 13 ~1 5 ~ ~I ATTACHMENT - 3 City of DubGn Scope of Services - Frequency and Task Chart - Standard Service Levels Location: Library Suilding, 200 Civic Plaza {specified areas only) Janitorial Cleaning Hours: 11:00 PM to 5:Oa AM Estimated Building Square Feet: 3,000 ~portion in this Agreement) (7days per week~ PLEASE NOTE: PRODUCTS USED T0. CLEAN AND SEAL THE SLATE T1LE FLOOR IN THE LOBBY MUST BE APPROVED IN ADVANCE OF USE. FREQUENCY TASK . see section 2°aequ~r . Services" Daily: 1. inyl, linoleum, or concrete floors (sweep andlor dust mop all floors) 1 a 2. tone, marble, ceramic, slate (sweep) 1e 3. arpet and mats (vacuum traffic ar~as) ~ 4. arpet spot cleaning and spot removai e. 5. raffiti (remove all marks and writing) f 6. Daors and entrances (clean and polish} a 7. Dnnking fountains (clean, disinfect and polish) b 8. Public Teleplione tclean and disinfect) c 9. Dusting (remove accumuiated dust) . a 94. astebaskets (em~ty and replace liners) c 1~. Restrooms (clean, disinfect, restock) a 12. Kitchen/coffee bar sinks (clean and disinfect) 10b eekly: 1. inyl, linoleum or concrete floors (damp/wet mop) 1~ 2. Stone, marble, ceramic, slate (damplwet mop) 1f 3. Carpets and mats (vacuum a!I areas, including edges and corners d 4. alls, doors and molding (spot clean) g 5. Glass and windows (remove fingerprints, smudges, dirt} a 6. hiteboards and pen rails (clean) d 7. Cabinets, sinks and appliances (degrease, disinfect, and polish~ 10c Monthly: 1. usting - high dusting b 2. ooden fumiture - clean and polish . a 3. ormica and metal tlesks - clean aEl b 4. ood fixtures - polish ~ . 5. ight switches - clean and disinfect f 6. anitorial closets - clean organize, stock and keep odor-tree 1 f c 7. itchen vent hoods over microwaves-degrease, clean & polish 10d uarterly: 1. inyl and linoleum - clean and wax floors -~affic areas ~c 2. tone, marble, granite, ceramic tile floors (strip and seal~ 1g 3. astebasket/trash containers - wash and disinfect d Janitorial Seroices Agreement between July 1, 2007 City of Dublin and OneSource Building Services, Inc,--Exhibit A Page 5 of 13 5( 4. Light fixtures - ciean all g 5. HVAC vents and diffusers - clean all h 6. Personal computers - clean with anti-static cleaner 11 e 7. enetian blinds (dust and damp wipe) 11g Semi-Annually: 1. inyl and Iinoleum - sfrip completefy and wax 1d 2. ity refrigerator in o~ce area (clean and disinfect) 1f nnually: 1. tone, marble, granite, ceramic tile floors (refinishing) 1 h Janitorial Services Agreement befinreen July 1, 2007 City of Dublin and OneSource Building Services, Inc.--Exhibit A Page 6 of 13 / ~I ~ A7TACHMENT - 4 City of Dublin Scope of Seroices - Frequency and Task Char# - Sfandard Service Leve[s Location: Seniar Center, 7fi00 Amador Valley Slvd. Estimated Bldg. Square Feet:1~,500 Janitorial Cleaning Hours; 10:30 PM ko 5:00 AM Frequency: 5-Days per week, Monday - Friday; Weekends as needed following private rentals. FREQUENCY TASK See Sec6on 2"Requlred Services" aily: 1. inyl, linoleum, or concrete floo~s (sweep and/or dust mop all floars} 1a 2. tone, marble, ceramic, slate (sweep) 1e 3. Hardwood fioor in ballroom (sweep and dust mop on Tue/Thu) a 4. Hardwood floor in ballroom (sweep and damp mop on MoNWedlFrij 5. arpet and mats (vacuum traffic areas) c 6. arpet spot cleaning and spot removal e 7, raffiti (remove all marks and writing) f S. oors and entrances (clean and polish) ~ a 9. rinking fountains (clean, d€sinfect and polish) b 1 Q. Public Telephorie {clean and disinfect) c 11. Dusting (remove accumulated dust} a 12. astebaskets ~empty and replace liners} c 13. Restrooms (clean, disinfec#, restock) a~ 94. itchen quarry tile #loors (remove ma~s, degrease, disinfect, replace mats) 10a 15. 'tchenlcoffee bar sinks (clean and disinfect) 10b eekly: 1. inyl, linoleum or concrete floors ~damplwet mop~ 1 b 2. #one, marble, ceramic, slate (damp/wet mop} 1f 3. Carpets and mats (vacuurn all areas, including edges and corners d 4. alls, doors and molding (spot cfean) g 5. Glass and windows (remove fingerprints, smudges, dirt) a 6. hiteboards and pen rails (c~ean} d 7. Cabinets, sinks and appliances (degrease, disinfect, and polish} 10c 8. Kitchen Anti-Fatigue Mats (degrease and disinfect) (Fridays) 1 ~e ~ 9. Kitchen FEoor Drains de rease and clean Frida s 10f Monthly: 1. Dusting - high dusting ~ b 2. aoden furniture - clean and polish a 3, ~ormica and metal desks - ciean all b 4. ood fixtures -- polish c 5. Light switches - clean and disinfect f 6. anitorial closets - clean arganize, stock and keep ador-free 11c 7. Kitchen vent hoods over stoves - degrease, c~ean and polish 10d uarterly: 1. inyl and linaleum - clean and wax floors - fraffic areas 1c Janitorial Services Agreement between July 1, 20~7 City of Dublin and OneSource Building Services, Inc.-Exhibit A . Page 7 of 13 ~ ~ ~~ 2. tone, marble, granite, ceramic 61e floors (strip and seal) 1g 3, astebasket/trash containers - wash and disinfect d 4. ight fixtures - clean all 5. VAC vents and diffusers - clean all h 6. ersanal computers - clean with anti-static cleaner 11 e 7. enetian blinds (dust and damp wipe) 11 g 8. rtificial Plants - clean to remove dust e emi-Annually. 1. inyl and li~oleum - strip completely and wax 1d 2. ity refrigerator in office area (clean and disinfect} 1f nnually: 1. tone, ma~ble, granite, ceramic tile floors (refinishing) 1h Janitorial Services Agreement between July 1, 2007 City of Dublin and OneSoUrce Building Services, Inc.--Exhibit A Page 8 of 93 ~~ 5 f ~ ATTACliMENT - 5 Cify of Dublin Scope of Services - Frequency and Tas~C Chart - S#andard Service Levels Location: Emerald Glen Activity Cen#er/Preschool, ~ 4201 A and B Centraf Par[cway Estimated B~dg. Square Feet: 5,130 sf Janitorial Cleaning Hours:10:30 P.M. ta 6:Oa A.M. Frequency: 5-Days per week, Monday - Friday. FREQUENCY TASK see 5ection 2°Required S@rvlCes" Daily: 1. inyl, lineleum, or cancrete floors (sweep antl damplwet mop all floors) 1a 2. arpet and mats (vacuum traffic areas) c 3. arpet spot cleaning and spot removal e 4. raffti (remove all marks and writing) 5. Doors and entrances (clean and polish) a 6. Dusting (remove accumulatetl dust) a 7. astebaskets (empty and replace liner~) 8. Resfrooms (clean, disinfect, restock) a Weekly: ~. Carpets and mats (vacuum all areas, including edges and comers d 2. alls, doars and molding ~spot clean) g 3, lass and windows (remove fingerprints, smudges, dirt) a 4. Cabinets, sinks and appliances {degrease, disinfect, and polish) 10c 5. City refrigetators (clean as specified) 11f 6. Formica and metal desksltables - clean and disinfect afl b Monthiy: 1. Dusting - high dusting b 2. Light swifches - clean and disinfect 3. anitorial clasets - clean organize, stock and keep ador-feee 11c 4. in I and linoleum - clean and wax floors - trafflc areas 1c Quarterly: 9. myl and linoleum - ship completely and wax 1 d _ 2. astebaskedtrash containers - wash and disinfect d 3. Light fixtures - clean ail g 4. HVAC vents and diffusers - clean all ~ h 6. Personal computers - clean with anti-static cleaner 11e emi-Annually: 1. City refrigeratar in preschoaf area {clean and disinfect) 1f ' Janitoriaf Services Agreement between ~ July 1, 2007 City of Dublin and OneSource Building Services, Inc: -Exhibit A Page 9 of 93 ~~ ATTACHMENT - 6 City of Dublin Scope of Services - Frequency and Task Chart -- Standard Service Levels Lacatian: Sfager Community Gym, 6901 York Drive Janitorial Cleaning Hours:10:30 P.M. to 6:00 A,M. Frequency: Jan-Feb, 6 days per week, Mon-Sat Mar-Dec, 5 days per week, Mon-Fri August (no service for lasf three-weeks of the monfh; closed for maintenance) Estimated Bidg. Square Feet:11,610 FREQUENCY TASK - see secdon 2~Required servlces" Daily: 1. inyl, linofeum, or concrete floors {sweep andlor dust mop all floors} 1 a 2. ardwood floor in gym (sweep artd clean wifh floor machine) a 3. raffiti (remove all marks and wri6ng) f 4. Doors and ent~ances (clean and polish) a 5. rinking fountains (clean, disinfect and polish) b 6. ublic Telephone (cfean and disinfect) ~ c 7. usting {remove accumulate~ dust) a 8. astebaskets (empty and replace liners} c 9. estrooms {clean, disinfect, restocic) a 10 DD TASK Bleachers swee and icku litter 11i eekly: 1. inyl, linoleum or concrete floocs {damp/wet mop) 1 b 2. alls, doors and molding (spot clean) g 3. Giass and windows {remove fingerprinfs, smudges, dirt} a 4. Cabinets, sinks and appiiances (d~grease, disinfecf, and polish) 10c 5. Bleachers (clean all surfaces and damp mop) 11 a 6. ending Machines (clean machines/sweep undemeath) 11h Monthly: 1. Dusting - high dusting b 2. Light switches - clean and disinfect f 3. anitorial cfosets - clean organize, stock and keep alor-free 11 c Quarterly: 1. myl and linoleum - clean ~and wax floors - traffc areas 1 c 2. Restroom ceramic tile floors (strip ar~d seal) 1 g ~ 3. asfebaskedtrash containers - wash and disinfect d 4. HVAC vents and diffusers - clean all h emi-Annually: 1. inyf and IinoEeum - sfrip completely and wax, 1d Janitorial Services Agreement between July 1, 2007 City of Dublin and OneSource Building Services, lnc.-Exhibit A Page 10 of 13 ~I ATTACHMENT - 7 Cify of Dublin Scope of Services - Frequency and Task Chart - Standard Service Levels Location: Dublin Swim Center, 8157 Viliage Parkway Janitoriai Services Hours: 9:30 PM #0 5:00 AM Frequency: Feb-Mar, 2-Days per week, Tuelfhu Apr-May, 4-days per week, Sat/Sun, Tue/Fhu Jun-Aug, 7-days per week, Sun-Sat Sep, 4-days per week, Sat-Sun, TuelThu Estimated Bldg. Square Feet: Admin Bldg. = 3,315 sf REQUENCY TASK see Sect~on 2~Requ~rec services" Daily: 1. nack barconcrete floors (sweep andlordust mop all floors) (Jun-Aug} 1a 2. Spanish file in affice area {damplwet mop and disinfect) 1f 3. Blue flooring in lobbiesloffice (damplwet mop, disinfect, wet vacuum) 1i 4. Graffiti (remove all marks and writirtg) 5. Doors and entrances (clean and polish) a 6. rinking fountains (clean, disinfect and polish) b 7. Public Telephone (clean and disEnfect) c 8. Dusting (remove accumulated dust) a 9. , astebaskets (empfy and replace liners) c 14. Restrooms (clean, disinfect, wet vacuum, restockj a 11. howers (clean and disinfect) b 12. Locker rooms antl dressin rooms clean, disinfect, wet vacuum c eekiy: 1. nack bar concrete floors (tlamplwet mop) ~Jun-Aug) 9b 2, alls, doors and molding {spot clean) g 3. lass and wintlows (remove fingerprints, smudges, dirt) a 4. abinets, sinks and appliances (degrease, disinfect, and polish) 10c 5. ity refrigerators (clean as specified) 11f 6, ormica and metal desks - clean all b Monthly: 1. Dusting - high dusting b 2. ooden furniture - clean and polish a 3. ood fix~ures - polish c 4. ight switches - clean and disinfect f 5. anitorial closets - clean or anize, stock and kee odor-ftee 11c uarterly: 1. panish tile floors (strip and seal) (Feb, May, July} 1g x per year 2, astebasket/trash oontainers - wash and disinfect d 3. Personal computers - clean with anti-sta6c cleaner 11e 4. enetian blinds (dust and damp wipe) 1 tg nnually: 1. ffice and shower tile iloors (ref+nishing with anti-slip caating) 1 h 2. nack Bar concrete floor - clean and wax flaors June 1c Janitoriaf Services Agreement between July 1, 2007 City of Dublin and OneSource Building Services, Inc --Exhibit A Page 11 of 13 ~ 5~ ~ ATTACHMENT - 8 City of Dublin Scope of Seroices - Frequency antl Task Chart - Standard Service Levels Location: Dublin Neritage Center, 6600 Donlon Way. Estimated Bldg. Square Feet: School House: 2,9001 Church: 1,550 Janitorial Cieaning Hours: 9:00 P.M. to fi:00 A.M. Frequency: Schoof House - 3 days per week {Wed/FrilSun}; Church -1 day per week (Wed) Please note: Due to nature and historicai vafue of the Heritaae Center, atl cleaning products must receive approval from Museum Director prior to use. FREQUENCY TASK see secaon 2 nRequfred Servfces" aily: 1. inyl, linoleum, or concrete floors ~sweep andlor dust mop a~l floors} 9 a 2. ardwood floors (sweep and dust mop) a 3. arpef and mats (vacunm traffic areas) ~ c 4. arpet spot cleaning and spot removal e 5, raffiti (remove all marks and wri6ng) f 6. oors and entrances {clean and polish} a 7. usting (remove accumulated dust) a 8. asfebaskets (empty and replace liners) ~ _ c 9. estrooms (clean, disin#ect, restock) a eekly: 1. inyf, linoleum or concreke floors (damplwet mop~ b ~ 2. ardwood floors (sweep and damp mop) b 3. ar~efs and mats (vacuum all areas, including edges and comers~ d 4. alls, doors and molding (spot clean) g 5. lass and windows (remove fingerprints, smudges, dirt) a Monthly: 1. usting - high dusting b 3. ormica and metal desks - clean al[ b 5. ight switches - clean and disinfect f 6. aniforial closets - clean organize, stock and keep odor-~ree 11c uarterly: 1. inyl and linoleum - clean and wax floors - tra~c areas 1c 3. astebasket/trash containe~s - wash and disinfect d 4. ight fixtures - clean all g 5. VAC vents and diffusers - clean all h 6. Personal compute~s - clean with anti-s~atic cleaner 11 e 7. enetian blinds (dust and damp wipe) 11g emi-Annual€y: 1. inyl antl linoleum - strip completely and wax 1d Janitorial Services Agreement between July 1, 2007 Cify of Dublin and OneSource Building Services, Inc.-Exhibit A Page 12 of 13 ~ ~i~ ~ ~ ATTACHMEN'f - 9 City of Dublin Scope af Services - Fr~quency and Tasfc Char# - Standard Seroice Levels Location: Building Inspectar Trailers, Eastem Dublin. Janitorial Cleaning Wours: 5:00 P.M. to 5:00 A.M. Estimated Bldg. Square Feet: 2 single-wide trailers (2-Days per week, as arranged with staf~ IFREQUENCY TASK See Section 2°ttequire n__'t_'_n , linolsum, or concrete floors, sweep and/or dust mop all flaors 1 a et and mats - vacuum traffic areas and offices c et spot cleaning and removal -(as necessary) g iti - remove all marks and wri6ng h a and windows a ng - removal of accumulated dust a ebaskets empty and reline ~ooms - clean, disinfecf, and restock supplies a, ote, there is no on-site dumpster for this Ioca6an; trash musf ~ removed to the dumpster at anofher facility. ~e trailers are currently located at Central Parkway & Chancery ~t will be moved about % mile east in summer of 2007. Weekly: arpet and mafs - vacuum al! areas, inciuding edges and camers alls, doors and molding - remove fingerprints, smudges and dirt Doo~s & entrances - clean and polish, ~emove finger prints & smudges usting - all table taps, office desks, and filing cabinets ite boards and pen rails - wash clean usting - high dusting ooden furnit~re - clean and polish Formica and metal desks - clean a!! ood fxtures - polish abric or carpeted wali coverings- dust andlor vacuum, spot clean Light switches - clean and ~isinfect inyl and linoleum - clean and wax floors - traffic areas . astebasketltrash containers - wash and disinfecf Light fixtures - clean a~ VAC vents antl tliffusers - clean all ersonal com~uters - clean with anti-static... ually: ~Glass and windows, interior and exterior - all areas c 2h ,lanitorial Services Agreement beiween ~ July 1, 2007 City of Dublin and OneSource Building Services, Inc.-Exhibit A Page 13 of 13 ~f EXHI8IT B COMPENSATION SCHEDULE Compensa~on shall be paid pursuant to fhe folfowing Fee Schedule: ~ FACILITY MONTHLY COST ANNUAL COST Civic Center, Admin Wi , 5 da slweek $2,288.01 $27 456.12 Civic Center, Palice Win , 6 da s/week $1,386.95 $16,643.40 Libra Lobb , Communi Rm. 7 da s/week $1,052.00 $'12,624.00 Senior Center, 5 da slweek $1,509.41 $18,112.92 Herita e Ctr., school 3 da k., church 1 da /wk_ $337.69 $4,052.28 Swim Center; 7 da s/wk. 3 months $674.92 $2,022.36 Swim Center, 4 da s/week 3 months $391.50 $1,174.50. Swim Center, 2 da /week 2 months $203.15 $406.30 Sta er G m, 5 da s/week 10 months $978.75 $9,787.50 Sta er G m, 6 da s/week 2 months $1,114.30 $2 228.60 Emerald Glen Activit Ct~./PreschoQl 5 da s/week 692.82 8,313.84 East (ns ection Office Trailer 2 da s/week $123.37 1 480.44 TOTAL ANNUAL COST $104,302.26 EXTRA WORK $12.81/ HOUFt MINIMUM 2 HOURS Consulfing Services Agreement between July 1, 2007 City of Dublin and OneSource Building Services; Inc.-Exhibit B Page 1 of 1 ~( RESOLUTION NO. 29 - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *~r***~****~*********** APPROVING AMENDMENT TO THE AGREEMENT WITH ABM JANITORIAL SERVICES (FORMERLY ONESOURCE BUILDING SERVICES) FOR JANITORIAL SERVICES AT THE SHANNON CENTER WHEREAS, the current agreement with ABM Janitorial Services (formerly OneSource Building Services) expires on June 30, 2012; and WHEREAS, the City of Dublin desires to modify the Agreement scope of work to include the Shannon Community Center; and WHEREAS, the City and ABM Janitorial Services (formerly OneSource Building Services) have agreed on a monthly rate to provide janitorial services at the Shannon Community Center; and 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". PASSED, APPROVED AND ADOPTED this 17th day of March, 2009, 6y the following vote: AYES: Councilmembers, Biddle, Hart, Hildenbrand, and Mayor Sbranti NOES: None ABSENT: Councilmember Scholz ABSTAIIVING: None / v- . J.,~-- Mayor ATTES ~ , ~ t~- , .. ~~' ~`~ `7 City Clerk Reso No. 29-09, Adopted 3-17-09, Item 4.4 Page 1 of 1 ATTA C H M E NT 2 51. EX.~IIBIT "A" OF RESOLUTION NO. - 09 AMENDMENT TO "THE AGREEMENT BETWEEN ~ ABM JANITORIAL SERVICES (FORMERLY ONESOURCE BUILDING SERVICES) FOR JA1vIT~RIAL SERVICES AT THE ~SHANNON CENTER WHEREAS, the Gity and ABM Janitorial Services {formerly OneSource Builcling Services) entered into an agreement for janitorial services dated July 1, 2007; and WHEREAS, the City desires to modify the agreement scope of work to include the Shannon _ Community Center; and ~ WHEREAS; ABM Janitorial Services (formerly OneSource Building Services) has provided an acceptable monthly ra.te foi the services; NOW, TI~EREFORE, THE FARTIES HERETO AGREE AS FOLLOWS: . Addition of Facilitv The agreement with ABM Janitorial Services (formerly OneSource Building Services} sfiall be amended to include the Shannon Community Center. Scope of Work The Scope of Work shall be amended to include five days per week (Monday - Friday) for the Shannon Community Center, as shown in the attached Exhibit "A" to the Amendment. Compensation Compensation shall be amended to include compensation at a rate of $2,004.16 per month for the Shannon Community Center, as shown in the atEached Exhibit "B" to the Amendment. . CITY OF DUBLIN Mayor ATTEST: ABM JAI~IITORIAL SERVICES City Clerk~ . , ~~i ~l~lJ1 ~I G~2~_,~ . Date: /~~h.~ ll,, a Dl7 ~ G:4NAINTENANCElBa1ldin&rVar+itorialServicesld007RequestjorProposafslAmendmenr-ShatrnonCrr44mendmuutoAgreemenr: EXH I B IT ~ ~ ~~ 5i. FJ(HlBIT "A" TO THE AMENDMENT SCOPE OF 5ERVICES City of Dublin Scope of Services - Frequency and Task Chart - Standard Service Levels Locatlon: Shannon Communi~ Center,11600 Shannon Avenue Janitorial Cleanina Hours: 5~~ PM to 5_00 AM* (5 Davs npr week_ Mnndav - Fridavl REQUENCY TASK ~ ~+. ° uired Servk:ee" ily weep and/or dust mop all hard surface floors ~ a acuum all carpet area d pot clean carpet areas e ~ raffiti (remove all marks and writing) rs and entrances (Gean and polish) a rinking fountains (c{ean, disir~fect and polish) b blic Telephones (dean and disinfect) ust all surfaces a astebaskets (empty and r~place liners) estrooms (clean, disinfect, and restock) a ' cheNcoffee bar sinks (clean and disinfect) 10b chen floor - remove mats, degrease, disinfect, replace mats 10a eekly amp mop all hab surface floors ~ b acuum all carpeted areas including the edges d pot wash all walls, doors, and moldings g emove fingerprints and smudges from glass and windows a ash whiteboards and pen rails (i~ erased) abinets, sinks and appliances (degrease, disinfect and polish} 10c ash Anti-Fatigue mats (degr~ase and disinfect) - 10e 'tchen flaor drains (deg~ease and clean) 10f onthly: usting (high dusting) b ooden fumiture (clean and polish) . a ooden fixtures (polish) : ight switches (clean and disinfect~ f anitorial closets (clean, organize, stock and deep odor free) 11c Kitchen vent hoods over stoves (degrease, clean and polish) 10d uarterly: myl and linoleum (clean and ~efinish floa~s, traffic areas} 1 d ~~ . ~o ~ ~4,n .~~. ~~ ~ Si . ~~ EXNIBIT "B" TO TNE AMENDMENT ' ~ . . COMPENSATION SCHEDULE Compensation for the Shannon Community Center shall be paid per the following Fee Schedule ~.'. , FACILITY MONTHLY COST ANNUAL COST Shannon Commun' Center 5 da s/week $2 004.16 $24 049.92 EXTRA WORK $12.81/ HOUR MINIMUM 2 HOURS ~~ • ~ -~o ~~tE /'~~tt°.n-' !. ~ ~ ~ ~I ~ RESOLUTION NO. 120 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** APPROVING SECOND AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ONESOURCE BUILDING SERVICE, INC. WHEREAS, On June 19, 2007, the City Council approved a five-year Agreement with OneSource Building Services, Inc., to perform janitorial services; and WHEREAS, OneSource Building Service, Inc. changed its name to ABM )ndustries, Inc.; and WHEREAS, the City of Dublin is facing a budgetary shortfall and must reduce some services in order to maintain a balanced budget; and WHEREAS, on June 22, 2010 the City adopted the Fiscal Year 2010-2011 budget that included reductions of janitorial services specifically related to Stager Community Gym and Dublin Library; and WHEREAS, the City wishes to amend the term of the agreement with the reduction of janitorial services at the Dublin Library on Fridays of every month effective September 1, 2010 with an estimated annual reduction of $1,972.20; and WHEREAS, the City further wishes to amend the term of the agreement to eliminate janitorial services at the Stage Community Gym effective July 1, 2010. The current Fiscal Year 2010-2011 budget for janitorial services at the Stager Community Gym is $11,470. The estimated cost for janitorial services once transferred to the Dublin Unified School District is $32,436. The prorated City's share of the janitorial services cost is $22,381 or 69% of the total contract amount; and WHEREAS, A budget change of $10,911 will be necessary to cover the additional costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Second Amendment to Janitorial Services Agreement Between the City of Dublin and OneSource Building Services, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second Amendment to the Agreement. Page 1 of 2 ATTACHMENT 3, ~l ~ PASSED, APPROVED AND ADOPTED this 17th day of August, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~ ,w--1 U -- . Mayor , ATTE : ~ / j~ ' ' ~, .~ City Clerk Reso No. 120-10, Adopted 8-17-10, Item 4.4 Page 2 of 2 ~~ /r ~ l SECOND AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ONESOURCE BUILDING MAINTENANCE WHEREAS, on June 19, 2007, the City of Dublin (hereinafter referred to as "CITY") and ABM Janitorial Services (hereinafter referred to as "CONTRACTOR"), entered into that certain Janitorial Services Agreement Between the City of Dublin and OneSource Building Maintenance (hereinafter referred to as the "Agreement"; and WHEREAS, a First Amendment . to the Agreement to include the Shannon Community Center the list of buildings included in the Agreement was executed by the parties on March 17, 2009; and WHEREAS, CITY and CONTRACTOR wish to amend the term of the agreement with the reduction of janitorial services at the Dublin Library on Fridays of every month effective September 9, 2010; and WHEREAS, CITY and CONTRACTOR wish to amend the term of the agreement with the elimination of janitorial services at the Stager Community Gym effective Jufy 1, 2010; and WHEREAS, CITY and CONTRACTOR wish to amend the Agreement to reflect the fact that OneSource Building Maintenance has changed its name to ABM Industries, Inc. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, CITY and CONTRACTOR hereby agree to amend the Agreement as follows: Section 1. The Title of the Agreement is hereby amended to read as follows: JANITORIAL SERVtCES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ABM INDUSTRIES, lNC. Section 2. All references in the Agreement to "OneSource Building Services Inc." are hereby amended to ~efer to °ABM Industries, Inc." Section 3. Exhibit A, Section 2 of the Agreement is hereby amended to remove Stager Community Gym, 6901 York Drive from the list of buildings included in the Agreement. Section 4. Section 2(b) of the master list of services required under the Agreement, relating fo "Hardwood floor surfaces (wet mopping)", is hereby amended to read as follows: "Hardwood floor surfaces (wet mopping) - Use a dedicated wet mop with Hillard Super Shine All Cteaner (or equivalent; specific products required for Senior Center bamboo wood flooring). Remove all scuff and surface marks. Follow directions on label." Section 5. Attachment 3 to Exhibit A of the Agreement, "Scope of Services - Frequency and Task Chart - Standard Service Levels" for the Library Building, 200 Civic Plaza, is hereby amended to delete the requirement for seven days of service per week, and to provide for six days of service per week. EXHIBIT ~1. Tn tha Racnli itinn - Il~b ~ I _ ~ RESOLUTION NO. XX 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING THIRD AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ABM INDUSTRIES, INC. WHEREAS, On June 19, 2007, the City Council approved a five-year Agreement with OneSource Building Services, Inc., to perform janitorial services; and WHEREAS, On August 17, 2010, the City Council amended the Agreement to change the company name from OneSource Building Service, Inc. to ABM Industries, Inc.; and WHEREAS, on May 16, 2011, the City of Dublin received a Termination of Contract letter from ABM Industries, Inc. due to higher labor and related costs; and WHEREAS, ABM Industries, Inc. has agreed to continue providing services to the City through August 31, 2011 at a negotiated rate; and WHEREAS, the City wishes to amend the term of the Agreement and to increase the monthly rate for janitorial services; and WHEREAS, the City also wishes to amend the term of the Agreement to include the Dublin Heritage Park and Museum for janitorial services; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Third Amendment to Janitorial Services Agreement Befinreen the City of Dublin and ABM Industries, Inc., attached hereto as "Exhibit A" to the Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Third Amendment to the Agreement. PASSED, APPROVED AND ADOPTED this 21st day of June 21, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 1659099.1 City Manager ATTACHMENT 9~. ~17~ 5 f ~ THIRD AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ABM INDUSTRIES INC. (FORMERLY ONESOURCE BUILDING SERVICES INC.) WHEREAS, on June 19, 2007, the City of Dublin (hereinafter referred to as "CITY") and ABM Industries, Inc. (hereinafter referred to as "CONTRACTOR"), entered into that certain Janitorial Services Agreement between the City of Dublin and Contractor (hereinafter referred to as the "Agreement"); and WHEREAS, the Agreement has a five-year term, expiring on June 30, 2012; and WHEREAS, a First Amendment to the Agreement to include the Shannon Community Center to the list of facilities included in the Agreement was executed by the parties on March 17; 2009; and WHEREAS, a Second Amendment to the Agreement to reduce the janitorial services related to the Stager Community Gym and Dublin Library due to the City's budgetary shortfall was executed by the parties on August 17, 2010; and WHEREAS, on May 16, 2011, the CITY received a Termination of Contract letter from the CONTRACTOR; and, WHEREAS, the CONTRACTOR has agreed to continue the Agreement until August 31, 2011, at an increased monthly rate, thus allowing the CITY time to seek a new janitorial services agreement; and WHEREAS, CITY and CONTRACTOR wish to amend the Agreement to include the Dublin Heritage Park and Museum to the list of facilities included in the Agreement; and NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, CITY and CONTRACTOR hereby agree to amend the Agreement as follows: Section 1. Section 1.1 of the Agreement is amended to read as follows: "The term of this Agreement shall begin on July 1, 2007 and shall end on August 31, 2011. Contractor shall complete the services described in Exhibit A and its Attachments 1 through 10 prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. the time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8." Section 2. Section 2 of Exhibit A to the Agreement is amended to add the Dublin Heritage Park and Museum to the list of buildings included in the Agreement. Section 3. Attachment 1 to this Amendment, "City of Dublin Scope of Services - Frequency and Task Chart - Standard Services Levels" for the Dublin Heritage Park and Museum" is added as a new Attachment 10 to Exhibit A to the Agreement. ' EXHI~IT A To the Resolution ~~~' Section 4. All references in Exhibit A to the Agreement to "Attachments 1 through 9" shall be deemed to include the new Attachment 10 added to the Agreement pursuant to Section 3 of this Amendment. Section 5. Exhibit B to the Agreement, "Compensation Schedule," is hereby deleted. A new Exhibit B, attached to this Amendment as Attachment 2, is hereby inserted. Section 6. In the event of a conflict between the Agreement and this Amendment, this Amendment will control. Except to the extent inconsistent with this Amendment, the Parties ratify and confirm all of the terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: By: Joni L. Pattillo City Manager Attest: By: Caroline Soto City Clerk APPROVED AS TO FORM: By: John D. Bakker City Attorney ABM Industries Inc. Dated: By: Vera Barnard, District Manager 1659090.1 ATTACHMENT 1 TO THIRD AMENDMENT TO AGREEMENT ~( ~ ATTACHMENT -10 City of Dublin Scope of Services - Frequency and Task Chart - Standard Service Levels Location: Dublin Heritage Park and Museum, 11285 Dublin Bivd. Janitorial Cleaning Hours: 5:00 PM to 12:00 AM (5 days/week, Monday - Friday) Facilities: Restrooms, Sunday School Barn, Ceramics/Art Room and Kolb House Please note: Due to the nature and historical value of the buildings, all cleaning products must receive approval from Museum director prior to use. Sunday School Barn: 1327 sq. ft. FREQUENCY TASK See Section 2: "Required Services" Daily 1. Wood floor - sweep as needed 2. Wastebasket em and re lace liner Weekly 1. Walls, doors, moldings (spot clean as needed) 2. Glass and windows (remove finger prints, smudges, dirt) ~ 3. Doors (clean and polish) 4. Dustin dust window sills and furniture) Monthly 1. Dusting- high dusting 2. Light switches 3. Wood floor - sweep and mop 4. Wastebasket/trash containers- clean and disinfect Quarterly 1. Light fixtures and fans- clean 2. HVAC vents - clean all Restrooms: 289 sq. ft. FREQUENCY TASK Daily 1. Floor - sweep and mop 2. Toilets- clean and disinfect 3. Doors (clean and polish) 4. Wastebasket em and re lace liner Weekly 5. Walls, doors, moldings (spot clean) 6. Glass and windows (remove finger prints, smudges, dirt) 7. Dustin dust window sills and furniture Monthly 8. Dusting- high dusting 9. Light switches 10. Janitorial closets - clean, organize, _ _ stock and keep odor-free ATTACHMENT I ?~ I~-M~pME-NT ATTACHMENT 1 TO THIRD AMENDMENT TO AGREEMENT ~ G~ v 11. Wastebasket/trash containers- clean and disinfect Quarterly 12. Light fixtures - clean 13. HVAC vents - clean all Ceramics/Art Studio: 330 sq. ft. FREQUENCY TASK Daily 1. Dusting (dust window sills and furniture) 2. Wastebasket (empty and replace liner) 3. Floor - swee and mo Weekly 4. Walls, doors, moldings (spot clean) 5. Glass and windows (remove finger prints, smudges, dirt) 6. Doors (clean and polish) 7. Dustin - hi h dustin Monthl 8. Li ht switches Quarterly 9. Wastebasket/trash containers- clean and disinfect 10. Light fixtures - clean 11. HVAC vents - clean all Kolb House: 2304 sq. ft. FREQUENCY TASK Daily - 12. Bathroom and Kitchen Floor - sweep o Bathrooms and dap mop o Kitchen 13. Bathroom fixtures o Back Porch 14. Kitchen counters- wipe with light o Public Room solution o Halls 15. Wastebaskets (empty and replace liner) o Stairs to second floor Weekly 16. Walls, doors, moldings (spot clean) 17. Glass and windows (remove finger prints, smudges, dirt) 18. Dusting (dust window sills and furniture) 19. Doors (clean Monthly 20. Dusting- high dusting 21. Light switches 22.Janitorial closets - clean, organize, stock and kee odor-free Quarterly 23. Wastebasket/trash containers- clean and disinfect 24. Light fixtures - clean 25. HVAC vents - clean all 1659098.1 ATTACHMENT 2 TO THIRD AMENDMENT TO AGREEIVIENT ~~ /~ EXHIBIT B to the Agreement COMPENSATION SCHEDULE Compensation for janitorial services shall be paid per the following Fee Schedule as of June 22, 2011 through August 31, 2011: FACI LITY MONTHLY COST Civic Center, Admin Win $3,006.04 Civic Center, Police Win $1,822.21 Libra Lobb , Communit Rm. $1,123.03 Senior Center $9,983.10 Herita e Center $443.67 Swim Center, Dail $885.67 Emerald Glen Preschool $659.82 East Ins ection Office Trailer $162.09 Shannon Communit Center $2,633.11 Herita e Park and Museum $743.09 TOTAL MONTHLY COST $13,461.83 EXTRA WORK 2 hours minimum $12.81/ HOUR ~ATTACHMENT 2. - TD ~qMEN~MEw~"~'