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HomeMy WebLinkAbout4.12 Janitorial Service Contract CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 25, 1989 SUBJECT • Award of Janitorial Service Contract 4e Prepared by Paul S. Rankin, Assistant City Manager EXHIBITS ATTACHED Proposed Agreement RECOMMENDATION Authorize the Mayor to execute the agreement with Black & White Building Maintenance Corporation and terminate the current agreement with Central Cleaning Company for Shannon Community Center and the Senior Center effective November 1 , 1989 FINANCIAL STATEMENT: The total cost for the 3 City facilities will be $3, 525 per month. Adequate funds have been included in the adopted 1989-90 Budget. DESCRIPTION At the regular City Council meeting of August 28, 1989, the City Council authorized Staff to solicit bids for janitorial services . Staff mailed sets of bid documents to 29 janitorial companies. A requirement of the bid package was a mandatory walk-through of each of the facilities. This pre-bid conference and walk-through was conducted on September 13, 1989 . A total of 7 firms were represented at the walk- through. On September 19, 1989, Staff opened the bids submitted. - A total of 6 bids were presented to the City. However, the bid presented by Central Cleaning Company could not be considered due to the fact that they did not attend the mandatory walk-through. The following chart outlines the bid results. The low bidder was Black & White Building Maintenance Corporation with a total monthly cost of $3, 525 . MONTHLY COSTS AS PRESENTED IN BIDS Bidder Shannon Senior Center Civic Center Total Black & White Building $ 600 .00 $ 425.00 $ 2,500.00 $ 3,525 .00 Maintenance Corporation Shular & Sons $1 , 000.00 $ 700 .00 $ 2, 000.00 $ 3,700 .00 My Favorite Janitorial $1 , 800.00 $1 , 200 .00 $ 2,500.00 $ 5,500.00 Kleentech Building $1 , 941 .52 $ 732.76 $ 7, 629. 19 $10,294.47 Maintenance Inc. R & J Janitorial Services $6,580 . 00 $3,570.00 $24,850.00 $35,000.00 The bid package consolidated all City facilities under a single contract. The City Council will be approving the agreement effective October 1 , 1989 for the Civic Center project. The Senior Center and Shannon Community Center are currently obtaining services pursuant to an agreement which requires a 30 day notice. Therefore, the agreement will provide for Black & White Building Maintenance Corporation to begin providing services at those facilities on November 1 , 1989 . Staff has reviewed the references provided by B&W Building Maintenance and received favorable comments. The firm has provided services to the City of Hayward at 11 different locations for the past 2 1 /2 years. Their work includes the main City office building and all other City owned buildings with the exception of the Fire Stations and Centennial Hall. Staff believes, in discussing with representatives of the firm, that they are familiar with the provision of services at municipal facilities. Staff recommends that the City Council approve the agreement with Black & White and authorize Staff to terminate the current agreement for services at Shannon Community Center and the Senior Center effective November 1 , 1989. COPIES TO: ITEM NO. 442 JANITORIAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, .as of , 1989, by and between the CITY OF DUBLIN, a municipal corporation ("CITY" ) , and BLACK & WHITE BUILDING MAINTENANCE CORPORATION ("CONTRACTOR") , who agree as follows: 1 . SERVICES Subject to the terms and conditions set forth in ' this Agreement, Contractor shall provide- to City the services described in Exhibit A. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2. LOCATIONS The following facilities are included in this -agreement. 1 . ' Shannon Community Center - 7 day per week service _ . 11600 Shannon Avenue (corner of Shannon Avenue & San. Ramon Road) Service to begin November 1 , 1989 2. Dublin Senior Center 5 day per week service 7437 Larkdale Avenue (adjacent to Dublin Joint Unified School District Offices) Service to begin November 1 , 1989" 3. . Dublin Civic Center - 5 day per week service 100 Civic Plaza (proposed) (corner of Dublin Boulevard & Sierra Court) Service to begin October 1 , 1989 - 3. TERM OF AGREEMENT The term'.of this Agreement shall commence on October 1 , - 1989, and shall continue in full force and effect thereafter for a period .of three (3) years, unless it is terminated by:.thirty ' (30) days. written notice from either party to the other, or otherwise amended. Contract shall be reviewed on an annual basis.`,• ,: '" Consideration may be given to an annual adjustment of the rates identified in Section 11 , provided that the services performed are satisfactory. Said adjustment will be subject to approval by the City Council. 4. STORAGE OF SUPPLIES/MATERIALS/EQUIPMENT Contractor will be provided with storage space within each . facility. 'Contractor shall obtain City approval for the use of any additional area not clearly designated for use of the Contractor. 5. PROVISION OF EQUIPMENT AND SUPPLIES" _ ' All equipment required for the provision of services under this agreement shall be provided by the Contractor. . Contractor may store equipment as noted above. Page 1 of 6 City shall provide the following supplies: light bulbs, hand soap, towels, toilet tissue, seat covers, sanitary napkins, and deodrants. Contractor shall be responsible for notifying designated City employee of the need to obtain additional supplies. Such notice shall occur with adequate lead time for City to obtain delivery of supplies, prior to running completely out. 6. QUALITY OF SUPPLIES Only materials identified and recommended for a specific use shall be used by the Contractor in accordance with the . manufacturer's instructions: The City reserves the right to specify the type and quality of all materials used in performance under the agreement. . 7. COMPLIANCE WITH LAWS • All applicable safety orders, rules and regulations of the . Department of Industrial Relations; or other jurisdictional agency shall be followed and enforced by the Contractor. Contractor shall comply with all applicable state and local laws, ordinances, codes. . 8. SECURITY OF BUILDINGS . Contractor shall be responsible to ensure that all doors are . locked at all times when work is performed outside of regular . operating hours. Contractor shall be responsible for reporting any property damage or vandalism at a facility to the Dublin Police Services. 9 . LABOR . Contractor shall furnish only experienced personnel trained in the provision of services outlined in this agreement. All personnel shall be properly supervised by Contractor. If, in the opinion of the City's representative supervising this contract, any of Contractor's employees is incompetent, disorderly, refuses to perform in accordance with the contract, . or is in any way unsatisfactory, Contractor shall be removed from work under the contract. Any subcontractors for specialty or other services, such as window cleaning, carpet cleaning, etc. , shall also abide by and be subject to all terms of this agreement. 10. PREVAILING WAGE . All Contractors are hereby informed that they must comply with Labor Code Sections 1770 et. seq. The possibility of wage increases is one of the elements to be considered by Contractor in determining his bid, and shall not be considered as the basis of a contract amendment at outside of the time noted in the agreement. Page 2 of 6 11 . COMPENSATION The contract will provide for payment on a monthly, basis. Contractor must submit an invoice showing the amount due for the previous month. The invoice shall itemize the costs for each facility. The monthly cost by facility for all regular services included as part of this agreement are as follows: Civic Center $2,500 (Two thousand five hundred dollars) Shannon. Community Center$ 600 (Six hundred dollars) Senior Center $ 425 (Four hundred twenty five dollars) All such payments above shall be contingent on approval of performance of the work stated in the specifications. Approval of satisfactory performance shall be judged solely by the City representative assigned to supervise . this contract. Contractor agrees to perform additional services outside the frequencies in excess of this agreement according to the following rates: $11 .00 (Eleven dollars) per hour (A minimum of three (3) hours will be billed for each event. 12 . INSURANCE The Contractor must furnish, prior to beginning work, satisfactory certificates of insurance issued by the carrier. The certificates must indicate that the following coverage will . be in effect and must be maintained throughout the duration of the contract: a. Workers' Compensation Insurance in accordance with the provisions of the Labor Code of the State of California. b. Public Liability and Property Damage in not less than a combined single limit of $500,000 for one or more persons injured and property damaged in any one accident. Property Damage Insurance shall include specific protection from any possible damage to buildings on adjoining property or to soil of adjoining"'' property which may result from the execution of this contract. c. Contractual Liability . The Public Liability and Property Damage Insurance shall. also name as an insured the City of Dublin and. shall assume the defense of the. City, its officers, employees, and agents from all suits, actions, subjected or put by reason of, or resulting from, the Contractor' s operations in the performance of the contract. Page 3 " of 6 The Certificates. of Insurance shall note that cancellation or reduction in coverage of the specified insurance cannot occur until ten (10) days after receipt by the City of notification of such cancellation or reduction by registered mail. If cancellation or reduction of insurance should occur, the City may obtain like insurance and deduct the premiums from amounts due. the Contractor under this contract, or, terminate the agreement. 13 . BONDS The following bonds shall be provided. All bonds are to be made payable to the City of Dublin and shall inure to the benefit of said City. a. Faithful Performance Bond The Contractor shall deliver to the City a Faithful, Performance Bond in a sum not less than one hundred percent (100%) of the amount bid for the first year. Subsequent years shall be bonded on a year-to-year basis. The Bond shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California. b. The Contractor shall possess a "Janitorial Service Bond" in . an amount of not less than $15,000. The City -of Dublin shall be a named subscriber to the Bond. 14. LIQUIDATED DAMAGES If the work defined in the specifications is not finished or completed as therein set forth, damages will be sustained by the . City and that it will be impractical and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by any reason of such failure. It is therefore agreed that the City may, in the event of such failure, . .. withhold from each monthly payment to Contractor a sum of money to be determined solely by the City in accordance with its . estimate of the reasonable costs of the services not performed and of the administrative costs incurred to verify, document and register Contractor to comply with this contract. These costs are herein estimated to be a minimum of $20.00 per incident. • 15 . , INSPECTIONS Regular inspections will be conducted by the City representative responsible for supervising the agreement, to assure that services are being properly informed and that satisfactory levels of workmanship are adhered to. City may request that Contractor's, representative be present during the inspection and that Contractor develop a plan to address any deficiencies in a timely manner. Contractor shall be - . available for inspections on a monthly basis. Page 4 of 6 1 6. EMERGENCY TELEPHONE CONTACT Contractor shall maintain at their sole expense an answering service, telephone beeper, or other method of receiving calls on a 24 hour, 7 day a week basis. This contact arrangement shall be used to promptly address emergency situations. 17. WORKING HOURS Working hours will be set by the City representative responsible for supervising this contract and are subject to charge. The Police facility will have certain restricted hours of access. A Police Services employee must be on site when services are provided. ' Contractor will be required to begin cleaning of this facility at 4:00 p.m. This may be adjusted depending on Contractor' s staffing, as approved by City. 18. SCHEDULES Contractor will be required to provide the City with a weekly maintenance schedule. Approval of the schedule and any adjustments must be approved by the City. Schedule must also indicate the time at which the services will be provided. For all semi-annual and annual services, Contractor shall inform City a minimum of 30 days prior to the proposed performance of the service. City shall approve of dates selected. 19 . ASSIGNMENT The Contractor shall not assign the agreement in whole or part without prior written approval of the City Council. . 20. DESIGNATION OF SUBCONTRACTORS Contractor shall identify any subcontractor and the scope of work to be performed. All subcontractors shall be subject to the approval of the City. 21 . DESIGNATION OF CONTRACT REPRESENTATIVE Contractor shall identify in writing the representative who will be supervising the agreement and responding to requests from the City. City will also have a representative designated to be the key contact for items related to the contract. This individual will be designated by the City Manager 22. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall. be an independent contractor and shall not be employee of the City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant Page. 5 of 6 to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 23 . HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the City, to City Officers and . employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. Contractor shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, . claim, costs (including costs of defense) , suits, and damages of every kind, nature and description directly or indirectly arising from the performance Of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code, the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement, Contractor acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. CONTRACTOR By CITY By ATTEST: City Clerk ' Page 6 'of 6