HomeMy WebLinkAboutItem 4.11 Award Janitorial Services Contract s
(000 -36
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: October 8, 1990
SUBJECT: Award of Bid - City Facilities Janitorial Services
(Report by Public Works Director Lee Thompson)
EXHIBITS ATTACHED: 1) Bid Results
2) Janitorial Cost Breakdown
3) Resolution Rejecting Bid from Golden Gate
Janitorial and Awarding Bid to Sir Thomas
Industries
4) Agreement
RECOMMENDATION: n/1) Adopt resolution rejecting bid from Golden Gate
Janitorial Service and awarding bid to Sir Thomas
Industries and authorize Mayor to execute the
agreement.
2) Authorize budget transfer to the Building
Management Operating Budget in the amount of
$12,100 from the Contingent Reserve.
FINANCIAL STATEMENT: Current budget for janitorial services is as follows:
Monthly Annually
Civic Center: $ 2,500 $ 30,000
Shannon Center: 1,200 14,400
Senior Center: 650 7,800
$ 4,350 $ 52,200
Bid submitted by Sir Thomas Industries:
Civic Center $3,755.10 $ 45,061.20
Shannon Center 1,220.08 14,640.96
Senior Center 768.20 9,218.40
$5,743.38 $ 68,920.56
Staff also obtained a callout rate for extra work such as cleanup following
special events) . Sir Thomas's quoted callout rate is $12.00 per hour with a
$558.60 minimum.
The janitorial services cost is paid from the Contract Services portion of
the Operating Budget for each respective facility. Based on expenditures for
the first three months of the 1990-91 Fiscal Year plus Sir Thomas' bid prices
for the remaining nine months, the janitorial cost for the Civic Center is
projected to exceed budget by approximately $12,100, allowing a contingency
of $1,000 for any extra work.
DESCRIPTION:
On September 24, 1990, the City Council awarded a contract for City
Facilities Janitorial Service to Shular' s and Son's, who submitted the lowest
bid to provide the work. This contract provides janitorial services for the
Civic Center, Shannon Community Center, and Senior Center.
One of the janitorial services contract requirements is provision of a
performance bond in the amount of one year's service. Shular' s and Son' s is
unable to obtain the required bond.
------------ ---------------------------------------------------------------
ITEM N0. COPIES TO: Sir Thomas Industries
Golden Gate Janitorial Service
The second lowest bidder, Golden Gate Janitorial, failed to complete a
section of the proposal which requires listing any addenda received. One
addendum was issued which addressed changes in the frequency schedule and
could therefore have affected bid prices. The "Instructions to Bidders"
portion of the bid documents provides that, if it is in the City's interest
to do so, the City may elect to waive any bid informalities.
Staff checked with Golden Gate's references and obtained the following
information. The first reference, which was a U.S. Postal Service postmark
facility, stated that Golden Gate was presently performing floor care only.
The second reference, a large private office facility, stated that Golden
Gate' s contract was only a month old and that it was not possible to evaluate
performance at this time. The third reference, the City of San Leandro,
stated that Golden Gate' s contract had recently come up for renewal and had
not been renewed.
Staff recommends that the bid informality not be waived and that Golden
Gate's bid be rejected.
The next lowest responsive bidder, My Favorite Janitorial Service, is also
unable to meet the bonding requirements and would therefore not be able to
meet the contract requirements.
The fourth lowest bidder, Sir Thomas Industries, did submit a valid bid and
is able to meet the bonding requirements. References given were for large
office-type buildings, and comments received were favorable.
On an annual basis, Sir Thomas's bid exceeds the janitorial budget to some
extent for the Shannon Center and Senior Center and to a greater extent for
the Civic Center. Staff feels that the additional cost is warranted in order
to obtain satisfactory performance. Since the previous contractor' s price
was less than the amount budgeted for the Shannon Center and Senior Center,
the total janitorial cost for FY1990-91 will be very close to the amount
budgeted (see Exhibit 2) . There are sufficient funds in the Operating
Budgets for the Shannon Center and Senior Center to cover the cost. However,
the janitorial cost for the Civic Center is projected to exceed the budget by
$11,100, and a budget transfer would be necessary if the contract is awarded
to Sir Thomas. Staff recommends increasing the amount of the budget transfer
by $1,000 to allow for extra work items such as cleanup after special events.
Staff recommends that the City Council (1) adopt the resolution rejecting
Golden Gate's bid and awarding the contract to Sir Thomas Industries and
authorize the Mayor to execute the agreement and (2) authorize a budget
transfer in the amount of $12,100 to the Building Management Operating Budget
from the Contingent Reserve.
2 -
JANITORIAL SERVICES CONTRACT
BID RESULTS
CIVIC SHANNON SENIOR TOTAL HOURLY RATE
BIDDER CENTER CENTER CENTER MONTHLY COST & MINIMUM
SHULAR'S & SONS 2,250.00 1,000.00 800.00 4,050.00 8.50/none
GOLDEN GATE 2,902.00 967.00 430.00 4,299.00 10.75/2 hrs.
MY FAVORITE 2,500.00 1,800.00 800.00 5,100.00 20.00/3 hrs.
SIR THOMAS 3,755.10 1,220.08 768.20 5,743.38 12.00/$558.60
REGAL BLDG. MTCE. 3,750.00 1,925.00 575.00 6,250.00 18.00/1 hr.
iZARO BLDG. MTCE. 3,870.00 1,705.00 800.00 6,375.00 15.00/none
KLEENTECH 3,910.37 1,838.03 755.99 6,504.39 12.00/4 hrs.
JANITORIAL SERVICES
1990-91 COST BREAKDOWN
MONTH/ CIVIC SHANNON SENIOR
CONTRACTOR CENTER CENTER CENTER
July
Black & White $ 2,370.00 $ 600.00 $ 425.00
August
Black & White 2,461.30 580.65 406.52
September
Regal Bldg. Maint. 2,466.00 1,980.00 826.00
(interim service)
Total to date: $ 7,297.30 $ 3,160.65 $ 1,657.52
Sir Thomas - 9 mo. 33,795.90 10,980.72 6,913.80
at contract price
Projected total
for FY1990-91 $ 41,093.20 $ 14,141.37 $ 8,571.32
Adopted budget 30,000.00 14,400.00 7,800.00
Difference: $ 11,093.20 ($ 341.37) $ 771.32
RESOLUTION NO. -90
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REJECTING THE BID OF GOLDEN GATE JANITORIAL SERVICE AND
AWARDING CONTRACT FOR CITY FACILITIES JANITORIAL SERVICES
TO SIR THOMAS INDUSTRIES
WHEREAS, the City of Dublin did, on September 13, 1990, publicly
open, examine, and declare all sealed bids for doing the work described in
the approved Plans, Specifications, and Modifications for the City Facilities
Janitorial Services Contract, authorized by the City Council on August 13,
1990, which Specifications, and Modifications are hereby expressly referred
to for a description of said work and for all particulars relative to the
proceedings under the request for bids; and
WHEREAS, the City Council reviewed the bids received and awarded
the bid to the lowest bidder, Shular's and Son' s, on September 24, 1990; and
WHEREAS, the Shular' s and Son' s has failed to obtain the
security required by the terms of the bid documents and the contract; and
WHEREAS, the second lowest bidder, Golden Gate Janitorial, did
not submit a responsive bid; and
WHEREAS, the third lowest bidder, My Favorite Janitorial
Service, is unable to provide the security required by the terms of the bid
documents and the contract; and
WHEREAS, the Public Works Director has recommended that the bid
award be made to the lowest responsive bidder hereinafter mentioned;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does hereby reject the bid submitted by Golden Gate Janitorial as
non-responsive and award City of Dublin City Facilities Janitorial Services
Contract to the lowest responsive bidder therefor, to wit Sir Thomas
Industries, at a bid of $5,743.38 per month, with an extra work rate of
$12.00 per hour, the particulars of which bid are on file in the office of
the Public Works Director.
PASSED, APPROVED, AND ADOPTED this 8th day of October, 1990.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
JANITORIAL SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of October 9, 1990, by and
between the CITY OF DUBLIN, a Municipal Corporation ("CITY") , and Sir Thomas
Industries ("CONTRACTOR") , who agree as follows:
DEFINITIONS
DAILY shall mean five (5) days per week for the Civic Center and Senior Center
or seven (7) days per week for the Shannon Community Center.
WEEKLY shall mean one day per week. Days selected shall be determined by
contractor and approved by the Public Works Director or his/her designee.
MONTHLY shall mean once per calendar month. Day(s) selected shall be
determined by the contractor and approved by the Public Works Director or
his/her designee.
QUARTERLY shall mean four times per year. Dates shall be selected by the
contractor and approved by the Public Works Director or his/her designee.
SEMI-ANNUALLY shall mean twice per year. Dates shall be selected by the
contractor and approved by the Public Works Director or his/her designee.
Under no condition or exception shall these dates be later than the first and
seventh months of the contract period.
ANNUALLY shall mean once per year. Dates shall be selected by the contractor
and approved by the Public Works Director or his/her designee.
CONTRACTOR shall mean Sir Thomas Industries .
CITY shall mean the City of Dublin.
AS NEEDED or AS REQUIRED shall mean any item or area serviced to a safe and
clean condition as determined by the Public Works Director or his/her
designee.
TERMS AND CONDITIONS
SCOPE OF WORK
1. The services to be provided shall include full service janitorial at each
of the facilities. The regular services to be provided are specified in
Section 2 and shall be performed as described in the "Janitorial Service
Specifications, " which are attached hereto as Exhibit "A" .
LOCATION OF FACILITIES
2. The following facilities are to be included in this Agreement:
Page 1 of Agreement
a. Shannon Community Center
11600 Shannon Avenue
(corner of Shannon Avenue and San Ranson Road)
7 day per week service.
Normal hours of operation: Sunday through Thursday 7:00 a.m. to
10:00 p.m. ; Friday and Saturday, 7:00 a.m. to 12:00 midnight.
Hours available for janitorial service: Sunday through Thursday,
10:00 p.m. to 6:00 a.m. ; Friday and Saturday, 12:00 midnight to 6:00
a.m.
b. Dublin Senior Center
7437 Larkdale Avenue
5 day per week service. (Monday through Friday)
Normal hours of operation: 8:00 a.m. to 5:00 p.m.
Hours available for janitorial service: 6:00 p.m. to 6:00 a.m.
C. Civic Center
100 Civic Plaza
5 day per week service. (Monday through Friday)
Administrative Wing -
Normal hours of operation: 8:00 a.m. to 5:00 p.m. Will have
evening meetings which would cause certain rooms to be used as late
as 1:00 a.m.
Hours available for janitorial service: 6:00 p.m. to 11:00 p.m.
Police Wing -
Normal hours of operation: 24 hours daily. Business hours 8:00
a.m. to 5:00 p.m. only.
Hours available for janitorial service: 6:00 p.m. to 11:00 p.m. ,
with schedule to be determined by the City for entry to the facility
and for servicing certain secured areas.
TERM OF AGREEMENT
3. The term of this Agreement shall begin on October 9 , 1990, and shall
continue in full force and effect thereafter for a period of one year. The
Agreement shall be reviewed each year and may be renewed for up to a total of
three (3) years. Consideration may be given to an annual adjustment of the
rates identified, provided that the services performed are satisfactory. Said
adjustment will be subject to amendment of this agreement which requires
approval by the City Council. The Contract may be terminated by either party
with 60 days' advance written notice. Upon termination, Contractor shall be
paid for all work performed to date, as provided in Section 9, said payment to
be prorated as necessary.
PROVISION OF PERSONNEL AND SUPPLIES
4. The Contractor shall furnish the necessary employees, supplies, and
equipment to provide all necessary building janitorial services for the
buildings listed in Item 2 above. The City will provide certain paper
products supplies as listed in this Agreement, Section 25.
Page 2 of Agreement
COMPLIANCE WITH ANTI-DISCRIMINATION LAWS
5. In the performance of this contract, the Contractor agrees not to engage
in discrimination in employment of persons because of the race, color,
national origin, ancestry, sex, or religion of such persons. Violation of
this provision may result in the imposition of penalties referred to in Labor
Code 1735 .
INDEPENDENT CONTRACTOR
6. Contractor shall be considered an independent contractor and not an
employee of the City of Dublin. City shall have the right to control
Contractor only insofar as the result of Contractor' s services rendered
pursuant to this Agreement; however, City shall not have the right to control
the means by which Contractor accomplishes services rendered pursuant to this
Agreement.
Except as City may specify in writing, Contractor shall have no authority,
express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to
this Agreement to bind City to any obligation whatsoever.
CONTRACTOR RESPONSIBLE FOR COMPENSATION TO EMPLOYEES OF CONTRACTOR
7. The Contractor shall be responsible for the cost of regular pay to
employees , as well as cost of vacation, vacation replacements, sick leave,
severance pay, and pay for legal holidays. The Contractor shall also pay all
Federal and State payroll taxes for its employees.
PREVAILING WAGE
8. The Contractor shall comply with Labor Code Sections 1770 et. seq.
Prevailing wage increases shall not be considered as the basis of a contract
amendment outside of the time noted in the agreement.
COMPENSATION
9. Payment shall be made on a monthly basis. The Contractor shall submit an
invoice showing the amount due for the previous month. The invoice shall
itemize the costs for each facility. The monthly costs by facility for all
regular services included as part of this agreement are as follows:
Civic Center: $3,755.10
Shannon Community Center $1,220.08
Senior Center $ 768.20
The above monthly costs are the total amount to be paid by City for regular
services . All such payments above shall be contingent on approval of
satisfactory performance of the work stated in the specifications. Approval
of satisfactory performance shall be judged solely by the City representative
assigned to supervise this contract.
Page 3 of Agreement
Upon request by the City, Contractor agrees to perform services in addition to
those regular services set forth in Exhibit A and Section 2 at the following
rates: $12.00 per hour, with a minimum charge of $558.60 to be billed for
each event.
HEALTH AND SAFETY
10. 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
federal, state and local laws, ordinances, or codes. Employees of the
Contractor shall not wear earphones for radios or tape players while working.
Smoking is not allowed in City facilities.
11. All personnel shall be in good health and free from contagious diseases.
No employee drinking alcohol or under the influence of alcohol or drugs shall
be allowed on the premises or in the building, nor shall any employee bring
alcohol or drugs on the :premises. Contractor agrees to remove immediately any
employee whose conduct or workmanship is unsatisfactory to the City.
SECURITY
12. 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. Neither Contractor nor its
employees shall admit any person into the building and grounds on which this
contract is being performed who is not an active employee of the Contractor.
All employees shall be required to wear identification patches or badges which
are to be furnished by the Contractor.
PERSONNEL
13. Contractor shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion,
at any time during the term of this Agreement, desires the removal of any such
persons, Contractor shall, immediately upon receiving notice from City of such
desire of City, cause the removal of such person or persons.
SUPERVISION OF CONTRACTOR'S EMPLOYEES
14. All work shall be performed under the supervision of a trained supervisor
who will be responsible for the conduct and workmanship of the Contractor's
employees. There must be at least one (1) employee on the premises during the
hours that work is in progress who speaks and understands the English language
(spoken and written) .
SUBCONTRACTORS OR ASSIGNEES
15. No performance of this Agreement, or any portion thereof, may be assigned
or subcontracted by the Contractor without the express written consent of the
Public Works Director. Any attempt by the Contractor to assign or subcontract
any part of the performance of this agreement without the express written
consent of the Public Works Director shall be invalid and shall constitute a
Page 4 of Agreement
breach of this agreement. Whenever the Contractor is authorized to
subcontract or assign the terms thereof shall incorporate by reference this
Agreement and shall not conflict with this Agreement. The City assumes no
responsibility toward any subcontractors the Contractor employs in the
performance of this contract.
CHANGE IN OWNERSHIP
16. Contractor agrees that if there is a change in ownership prior to
completion of this contract, the new owners will be required under terms of
sale to assume this contract and complete it to the satisfaction of the City.
INSURANCE
17. 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 additional insured.the City of
Dublin and shall assume the defense of the City, its officers,
employees, and agents from all suits, actions, subjected or put by
reason of, or resulting from, the Contractor' s operations in the
performance of the contract.
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 the amounts due
the Contractor under this contract or may terminate the agreement.
BONDS
18. 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.
Page 5 of Agreement
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.
LICENSES, PERMITS, ETC.
19. Contractor represents and warrants to City that he has all licenses,
permits, qualifications, and approvals of whatsoever naure which are legally
required for Contractor to practice his profession. Contractor represents and
warrants to City that Contractor shall, at his sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor to practice his
profession.
TELEPHONE CONTACT
20. If an answering machine is used for routine contact on working days, the
Contractor shall respond- to messages no later than 10:00 a.m. on the day
following the date the message was left.
21. For emergency purposes, the Contractor shall provide at his sole expense
a home telephone number, answering service number, telephone beeper, or other
method of receiving calls on a 24-hour, 7-day-per-week basis. This contact
arrangement shall be used to promptly address emergency situations .
WORKING HOURS
22. Working hours will be set by the City and are subject to change. Work in
the Police Facility must be performed when a Police Service employee is on
duty, and access times must be arranged in advance.
SCHEDULES
23. The Contractor shall provide the City with a weekly maintenance schedule,
including working hours. This schedule and any adjustments must be approved
by the City. For all quarterly, semi-annual, and annual services, the
Contractor shall inform the City a minimum of 30 days prior to the proposed
performance of the service. The City shall approve of the dates selected.
ENERGY CONSERVATION
24. The Contractor shall be responsible for energy conservation in the
premises being cleaned under this Contract. Upon entering the premises,
lights in areas not being used by occupants and not required for immediate
cleaning purposes shall be turned off. Lights shall be turned on only in
areas where work is in progress and shall be turned off as soon as the area is
cleaned. All lights on the premises, except night lights or other designated
lights, shall be turned off when all cleaning is complete. Particular
attention shall be given to turning off lights on Friday nights. If the
Contractor fails to turn off lights as specified herein, the amounts payable
hereunder shall be reduced by the estimated cost of energy used.
Page 6 of Agreement
REPORT OF DAMAGE
25. The Contractor shall report broker windows, plumbing leaks, and other
building repair needs to the Public Works Director or his/her designee. The
Contractor shall notify the City Police Department when vandalism or other
destruction of City property is observed inside or outside the buildings.
USE OF CITY PROPERTY
26. Employees of the Contractor shall not disturb papers on desks, open
drawers or cabinets, use radios, television sets, coffee pots, stoves,
refrigerators, typewriters, computers , copiers , or tamper with personal or
City property. The telephones shall not be used for personal calls.
FURNISHING OF SUPPLIES AND EQUIPMENT
27. The Contractor shall furnish, at the Contractor' s expense, all supplies
and equipment necessary :to properly perform work. These supplies and
equipment include, but are not limited to, waxes, floor finishes, cleaners,
floor stripper, sealers , detergents, cleaning powder, disinfectants , metal and
furniture polishes , glass cleaner, brooms, mops, mop presses, sweeping tools
and cloths, buckets, brushes, sponges, squeegees, wet and dry vacuum cleaners,
janitor carts, ladders, floor machines, and adequate floor machine scrub and
polish brushes. All liquids and powdered materials must be in properly
labeled containers. The City shall furnish the following paper products and
supplies only: toilet tissue, paper towels, seat protectors, wastebasket and
trash receptacle liners , hand soap for restroom dispensers , and sanitary
napkins and tampons for restroom vending cabinets. The City shall also
furnish light bulbs. The Contractor shall be responsible for notifying the
Public Works Director or his/her designee when these supplies need to be re-
ordered.
The Contractor shall be knowledgeable about the Hazardous Substance
Information and Training Act of 1983 (SB 1874) . Any materials kept on site
shall be labeled and Material Safety Data Sheets posted for applicable
supplies.
STANDARD OF PERFORMANCE
28 . Contractor shall perform all services required pursuant to this Agreement
in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices his profession. All
instruments of service of whatsoever nature which Contractor delivers to City,
pursuant to this Agreement, shall be prepared in a substantial, first class,
and workmanlike manner and conform to the standards of quality normally
observed by a person practicing in Contractor's profession.
INSPECTION OF WORK/FAILURE TO PERFORM/LIQUIDATED DAMAGES
29. The Public Works Director of the City of Dublin or his designee and the
Contractor shall inspect the work on a monthly basis. The Director or his
designee shall judge the performance of the Contractor pursuant to this
agreement. If, or when, the work is incomplete or unsatisfactory to the City,
Page 7 of Agreement
the City shall notify the Contractor within 10 days to ensure compliance. If
the work has not been secured within 5 working days following notification,
charges may be assessed as noted in Section 27 below.
30. When the Contractor does not provide the services specified in Exhibit A,
damages will be sustained by the City, and it may 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 administrative
costs are herein agreed to be a minimum of $20.00 per incident. In lieu of
charging liquidated damages as above, the City may elect to perform the
necessary service, and the cost of this service will be deducted from the
compensation for regular services and will include labor, materials, and
overhead.
RESOLUTION OF DISPUTES
31. Except as otherwise provided in this contract, any dispute concerning a
question arising under this contract which is not disposed of by verbal
agreement shall be decided by the City, which shall reduce the decision to
writing and mail or otherwise furnish a copy to the Contractor. The decision
of the City shall be final and conclusive unless, within ten (10) days from
the date of receipt of such copy, the Contractor mails or furnishes to the
City a written appeal. Pending final disposition of a dispute, the Contractor
shall proceed diligently with the performance of the contract as written.
EXCUSED NON-PERFORMANCE
32. Contractor shall be excused from performance during the time and to the
extent that he is prevented from obtaining, delivering, or performing in the
customary manner by act of God; fire; strike; partial or total interruption
of, or loss or shortage of transportation facilities; lockout; commandeering
of raw materials or products, plants , or facilities by the government.
Satisfactory evidence shall be presented to the City and it shall be
established that the non-performance is not due to the fault or negligence of
the party not performing.
HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR
33. 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 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
Page 8 of Agreement
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 that he has read and understands the
provisions hereof and this this paragraph is a material element of
consideration.
Approval of the insurance contracts does not relieve the Contractor or
subcontractors from liability under this paragraph.
IN WITNESS WHEREOF the parties thereto have caused this Agreement to be hereby
executed.
CITY OF DUBLIN CONTRACTOR:
Mayor
ATTEST
City Clerk
Page 9 of Agreement
EXHIBIT A
CITY OF DUBLIN
JANITORIAL SERVICE SPECIFICATION
Work shall be done according to the following schedule:
RESTROOMS
DAILY:
Clean restroom fixtures, toilet bowls, urinals and basins, mirrors, decorative
and protective metals, including undersides and tops of toilet seats.
Wash and disinfect toilet seats, including undersides, using an approved non-
toxic germicidal disinfectant.
Spot clean and dust walls, partitions, splashplates , windowsills, doors, and
related structures .
Sweep and damp mop floor using an approved non-toxic germicidal disinfectant
and clean water. Remove all spills, sticky areas , gum, etc.
Clean, refill, and restock soap, towels, toilet tissue, seat covers, and
sanitary napkin/tampon dispensers. These dispensers shall be restocked with
sufficient supplies to last until the next servicing.
Empty and wipe down waste and sanitary containers, dispose of contents,
replace liners.
Pour water in all floor drains.
Replace burned out light bulbs with correct wattage bulbs from supplies
furnished by the City. Note: Light bulbs and fluorescent lamps in fixtures
under ten feet in height are to be changed by the Contractor. Report is to be
submitted daily of fixtures which are not operable after lamps have been
changed and lights above ten (10) feet in height which are not operable.
Remove all graffiti with approved graffiti removal products. Report areas
where it cannot be removed to the Building Manager.
Clean entrance door, remove handprints from push plates and sanitize.
Wash and disinfect all showers with approved non-toxic germicidal
disinfectant.
WEEKLY:
Sweep with a heavy brush all restroom, locker, and shower room floors and
disinfect with an approved non-toxic germicidal disinfectant.
Sanitize, disinfect, and deodorize toilet bowls, seats, basins, and urinals
and plumbing and remove all lime deposits.
Page 10 of Agreement
Pumice toilets and urinals to remove all scale, using approved non-abrasive
material.
Wash woodwork, ceramic tile, and formica surfaces and remove splash marks from
walls, urinals, and toilet partitions.
Clean air duct receptacles.
MONTHLY:
Clean all interior light fixtures.
Sanitize all restrooms as follows:
Heavy duty cleaning, descaling, and disinfecting of water closets and urinals.
Scrub all shower surfaces and remove all scum, mold, or other foreign matter
from all shower surfaces. Disinfect and sanitize with approved germicidal
disinfectant.
Clean the grout with approved cleaner.
OFFICES, COMMON AREAS, KITCHENS,
AND OTHER MISCELLANEOUS ROOMS AND FACILITIES
DAILY:
Sweep all non-carpeted floors with chemically treated dust mop, including all
interior stairways.
Mop hardwood floors with treated dust mop; spot mop all spills using a wet mop
and neutral (pH 7 or 8) cleaner.
Damp mop and buff all terrazzo and tile-and-grout floors.
Empty and clean sand urns (including those outside doors) , telephones, and
elevator cabs.
Clean and polish drinking fountains.
Spot clean fingerprints and other marks from woodwork, walls, doors, and glass
partitions , and the inside surfaces of exterior windows.
Polish entrance metal where appropriate.
Damp mop linoleum/vinyl floors to remove dust, dirt, and spills; spot clean
doors, door frames, and counters. Reapply floor wax as necessary to maintain
an acceptable surface condition.
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Vacuum all carpeted surfaces.
Spot clean spills or other spots on all upholstered furniture, carpets ,
including elevator cabs, stairways, and landings, and mats beneath desks and
"walk-off" mats.
Empty and replace liners in in all wastebaskets and carry trash to specified
containers at each site.
Replace burned out light bulbs with correct wattage bulbs from supplies
furnished--by the City. Note: Light bulbs and fluorescent lamps in fixtures
under ten (10) feet in height are to be changed by contractor. Report is to
be submitted daily of fixtures not operable after lamps have been changed and
lights above ten (10) feet in height which are not operable.
Leave all lights off (except designated night lights or those in areas being
used by employees or the'`public) .
Check to make certain all exterior doors are locked before leaving assigned
work areas.
Dust all horizontal surfaces of office furniture (as much as can be done
without disturbing papers on desks) , partitions, floor moldings, ledges,
windowsills, and counters .
Clean all kitchen and coffee bar sinks and counters, as well as stove,
microwave oven, dishwasher, refrigerator, and warming tray exterior surfaces.
WEEKLY:
Perform high dusting (i.e. , door sashes, tops of partitions, high cabinets,
ledges, vents) , and remove cobwebs.
Clean and polish metal chairs, office equipment, and wooden furniture.
Machine buff all terrazzo floors, staircases, and landings to a high sheen
using non-skid material.
Clean picture glass, stair railings, and spot clean stairwells .
Wipe down plastic and leather furniture and venetian blinds.
Thoroughly vacuum and spot clean upholstered furniture, draperies, and
cornices .
Clean all glass doors (both surfaces) in buildings, including glass partitions
to a height of ten (10) feet.
Clean and disinfect handsets of phones.
Clean and wipe down all wastebaskets (interior and exterior) and interior
trash cans and replace plastic liners.
Page 12 of Agreement
Clean and disinfect surfaces of exercise equipment which come in contact with
the user of the equipment (i.e. , handgrips, pedals, seats and backrests,
etc. ) .
Polish kitchen appliances and stainless steel to restore original finish.
Wet mop hardwood floors using a neutral (pH 7 or 8) cleaner.
BI-WEEKLY (every two weeks) :
Scrub vinyl or linoleum floors to remove scuff marks or other marks that have
not been removed by normal mopping. Wax and machine buff.
MONTHLY:
Clean all light fixtures;.
Thoroughly clean venetian and vertical blinds and all fabric walls and
partitions .
Clean interior of stoves, refrigerators, and microwaves.
QUARTERLY:
Wash exterior surfaces of exterior windows; wash interior surfaces of exterior
windows to a height of ten (10) feet.
Clean and polish all interior metal fixtures and surfaces, including door push
and kick plates and pulls.
Vacuum all fabric window coverings (drapes, shades, etc. ) .
SEMI-ANNUALLY
During the first and seventh months of the contract, strip and seal terrazzo,
tile and grout floors, and vinyl floors, staircases, and landings. After
thoroughly stripping and preparing floor, apply base coat per manufacturer' s
specifications. If some areas require floor treatment in shorter maintenance
cycles to maintain safety underfoot, Contractor will perform such additional
maintenance as may be required.
Note: Contractor must make advance arrangements with City representative.
ANNUALLY
Shampoo and pile lift all carpets and entry rugs or deep clean by pressure
extraction process and pile lift. (Advance notice required. )
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Clean interior surfaces of exterior windows which are above a height of ten
(10) feet and any partition glass which is above a height of ten (10) feet.
COUNCIL CHAMBERS
Regarding the Civic Center Council Chambers, the service identified as "Daily"
shall be performed twice weekly on days specified by the City, except that the
Council Chambers shall be checked every day for litter, and wastebaskets shall
be emptied. All other services shall be performed according to the schedule
for "Offices, et. al. "
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