Loading...
HomeMy WebLinkAboutItem 4.05 Tri-VallyJanitorialContract (2) .. .... .. tj., . CITY CLERK File # n~rG1~-[3l[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 14, 1996 SUBJECT: Award of Contract - City Facilities Janitorial Services Report Prepared by: Lee S. Thompson, Public Works Director EXBlBITS A'lTACHED: 1) 2) 3) Proposal Summtuy Resolution Proposed Agreement RECOMMENDATION:o/J Adopt resolution awarding contract to Tri-Valley Janitorial Setvice and authorize Mayor to execute agreement. FINANCIAL STATEMENT: Proposed annual cost by facility is as follows: Civic Center Shannon Community Center Senior Center Heritage Center Swim Center $35,280 $35,760 $10,008 $ 2,100 $ 2.940. $86,088 (5 days/week) (7 days/week) (5 days/week) (2 days/week) (7 days/week) *Based on 3 months. The actual cost would be somewhat higher depending on the exact number of days the Swim Center is open. Tri-Valley Janitorial has agreed to pro-rate the cost ofsetvice for the additional 9ays. This cost is budgeted in the Contract Service Operating Budget for each facility. DESCRIPTION: The current three-year contract for janitorial setvices expires on June 30, 1996. Staff solicited proposals from firms which had expressed an interest over the past several years. Proposals were received from six firms, including the current provider. The total annual cost ranged from $74,208 to $86,088. Exhibit 1 details the proposals that were received. Staff did contact the references for all of these firms, and the comments were, for the most part, good. The City's Purchasing Ordinance exempts certain maintenance contracts from the competitive bid process, and consequently does not require that the contract be awarded on the basis oflowest price. This provision was instituted several years ago because of poor perlbnnance from some low-bid contractors. Prior to contracting with Tri- Valley, the City utilized four different contractors in a three and a half year period (three of which were tenninated after less than a year of service). The Staff time required to deal -------~---------------------~----------------~-~------------------ COPIES TO: f:\tolltract\jualtor\agltawrd ITEM NO. M ..'"~,...,.. ; \i:;\\~~t,; ,\f) ~ with a. poor. performer can outweigh the dift'etencein cost between a lower bid and a higher one. In addition, poor maintenance is reflected in the appearance of the City' I 'buildings. StadFfeeJsthat the.. current janitorial service contractor, Tri- Valley Janitorial Service, has provided excellent service for the past three years. Very little City Staft"time is required to administer this contract, as Tri- .Valley's D)Ii1agement staffvisits the City facilities frequently to inspect the quality of the work being perfonned. Any requests.that are madlS'by City Staft"receive a prompt response. In the past, the most ~t ,areas to maintain satisfactorily have been the large social hall floors at the Shannon Ceriter and Seaior;Center. White previous contractotl have had difficulty providing the consistent cleaWiness and . appeanaace desQifbr these facilities, Parks and.Community Services Staff have been very pleased with . the care that Tri- Valley provides. .".~:\ , , , .- <"' The proposed costs for the Civic Center, Senior Center, and Heritage Center are proposed to be the same as the current costs. At Staft's request, thefl<lorcare frequency for the Shannon Center hasbe<<m increued, and 'the cost for that facility is proposed to increase accordingly. The Swim Center was formerly mailUained by the City's Aquatics Staffand has just been added to the scope ofwork. .The tent10fthe proposed contract is proposed, to be one year with the option of extensions up to a. maxinlWD of1ive'years. The contract roaybeterminated upon 60 days' ,wrifton notice, except that the City may terminate the contract with no advance notice in the case ofpoorpetfonnance. Staff reconunend$ that the. City Council adopt the resolution awarding the contract for janitorial services to .... Tri.. VaHey .Jan1toria1 S~ce. .:? ." ," "," . Page 2 m 1 II- I~ 118 Igl ~I I:~_I I~" I II WOt-N alOCD ...J8 ~. 1:: g ~ cD cD <...J ..... 0:3 I-~ ~I: ::j; l~ Ii.: i. g (1)_ ;:_ ~_ ,.... ...J fD- C() < I-~ go:: tit ~ tit tit ... tit ; ~ Ii I I I~ tit tit tit tit tit I. I~ ... I... ~ ~ I~. ... ... I~ o ~ ! ~ ... .. r- -<i! Ii I- ... -1115 E 0.1:l5'l !E l2 0:: NI ' In W...,8 ~ ~ Ii ...1 ... ... ... l~ ~ ~ m ~I ; I .....li1 ... ...1 ... ...J ::! S ! t5 ... ... ffi...,e ... ... ... ... ... ... ffifo:: ~ ~~8 ~ Ii ... mN~ ~ :t B 0:: ... ~ ~ I: .- III ~ ~ III Ii a <i! ~ it 0 e ffi...,1- ~ !Ef~ .., w ZIIl U iil~ ~ Ii ;:)- - cijf--ffill1w ~< III Z ~~ B 50 0:: , ... ... ... :is 0 ~ In N .... .... ... ... ... 01 III III iD lO ; ~ In ..... .... o '" N ... ... 7i -0 o J!! :g ~ oS 41 ~!'" ~ ~ '" ... tit t) l: ..8 oS ... ... ... tit tit ... j In It) ~ ..... '" v ... ... ... ~ 0 a:l ~ 0 S a:l a:l l?l ..... v In a:l tit tit ... ... "" ... ... .!! l~ .. I II l5 N ~ ... 0 In ~ Ii ~ 'S e ... tit ~ .5 III ~ ;:) III l:J ~ f i L ! sl ! ! ... ... ... -' t5 II:: 0 W ..., 1-1 ... !E~-t 0 ~Q;8 :g ~I~ Ii II~- .,. ~.....~ Ii III 5 ~ o 0:: In :5 ;(i.. (") .... e:- ... tit ... It> It> 8 IF ~ : : I: I~ ~ tit 21!i ~ ~ ~ ~ N N N ... ... ... ... ... , ~. I~ ~ : tit tit I... ... ~ g; I!R i. !. a:l ;:: N N N N tit tit ... tit OJ tit -c <i. I ...J ~ 5 g d 1i: ~ < I (I) > g 0 ~ .. ~0~~~ i~"~ ~ ~ (I) (I) > ~ g !f ~ li~ ~ ~ ~~I ~ o .., I- ~ > 0:: 41 ~ ~I ~I IQ;;I I~I I~ I~I I I I 1 I ~I ell u.. 1(1) ~ ~ g ... ~1a:: R ~I~ 9 v ~tu. tit Ult>~ ~ g N 0:: tit - .... I I al i G; .t: "" 41 .l/! ~ ~ l '" !! l'l i 1Il~ ~fI) :e ;:)0:: ;:) ::::;;::> ~ -~ - Z Z _ i ::::;; ... 13 i ~I -1 nll I I 1 I I I I I I ~ -I- I I I J I I 1 - I 1 1 1 I I ~B ~-' ~~ 0 ~ ~I 8 ~ :is 0. '!j .... S III ..; .... V to ... tit ... ... ... ... " II " " " " . I- " " ~ ~ ~ I!~ ;1 ~ ; 0:: .... ... tit ;1 ... tit tit ~ g! ! j 0:: 0 ~ z z ~ ~ < ~ ~ ~ 0:: ~ ~ ~ lZ ~ > ~ It e ~ "' ~ ~ ~ < 0 :I: < > o .., I- t- ~ 1& I ~ el ~ 0:: Iii: I IW] I~I l~llG::I liiil 11-1 ~ '" v EXHr~~T ~~r, ~ S-uV\~"(\ { (b~~ RESOLUTION NO. - 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN . ********* APPROVING AGREEMENT WITH TRI- VALLEY JANITORIAL SERVICE FOR CITY FACILITIES JANITORIAL SERVICES WHEREAS, City of Dublin Municipal Code Section 2.36.050(A) provides that certain maintenance services, including janitorial services, are exempt from competitive bid requirements; and WHEREAS, the current contractor for janitorial services has performed in an exemplary manner and the City wishes to continue their service; and WHEREAS, the cost of said setvice is reasonable for the scope of services provided; NOW, THEREFORE, BE IT RESOL YED that that the City Council of the City of Dublin does hereby approve the agreement with Tri~ Valley Janitorial Service for City Facilities Janitorial Setvices at the following per-month costs: Civic Center Shannon Center Senior Center Heritage Center Swim Center Total: $2,940.00 $2,980.00 $ 834.00 $ 175.00 $ 980.00 $7,909.00 .'- and an hourly rate for extra work of$15.00 per hour with a three~hour minimum. BE IT FURTHER RESOL YED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 14th day of May, 1996. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk . f:\contract\janitor\resoaward --EXHiBiT 1J ~e00ktiU'f\ -~-'- ~'"o . . .' JANITORIAL SERVICES AGREEMENT TillS AGREEMENT is made at Dublin, California, as of May 14, 1996, by and between the CITY OF DUBLIN, a Municipal Corporation ("CITY") and Tri-Valley Janitorial Service ("CONTRACTOR"), who agree as follows: DEFINITIONS DAILY shall mean five (5) days per week for the Civic Center and Senior Center, (2) days per week for the Heritage Center, and seven (7) days per week for the Shannon Community Center and the Dublin Swim Center. Swim Center service is required from Memorial Day through Labor Day only. WEEKLY shall mean one day per week. Days selected shall be determined by contractor and approved by the Public Works Director or his/her designee.. BI-WEEKL Y shall mean once every two weeks. 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 consistently three months apart and shall be selected by the contractor and approved by the Public Works Director or hislher 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 Agreement period. ANNUALLY shall mean once per year. Dates shall be selected by the contractor and approved by the Public Works Director or hislher designee. CONTRACTOR shall mean Tri- Valley Janitorial SelVice (name of contractor). CITY shall mean City of Dublin. AS NEEDED or AS REQUlRED 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 selVice janitorial (in accordance with Section 32) at each of the facilities. The regular services to be provided shall be performed as described in the Janitorial Services Specification which is attached hereto as Exhibit "B". TERM OF AGREEMENT/RENEWAUfERMlNATION 2. The term of this Agreement shall begin on July 1, 1996, 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 Page 1 of Agreement eVY16t't' 4 k/;.nUi;tt ,__ ~ -- tfm p0S~~ Ar{~~ a total offive (5) years. Consideration may be given to an annual adjustment of the rates identified, provided that the services performed are satisfactory. Said adjustment will be subject to written amendment of this . Agreement which requires approval by the City Council. The Agreement may be tenninated by either party .. : with 60 days' advance written notice, except that the City may terminate the Agreement without prior notice 1 . - . Contractor fails to perform according to the terms of this Agreement. Upon termination, Contractor shall be paid for all work performed to date, as provided in Section 8, said payment to be prorated as necessary. PROVISION OF PERSONNEL 3. The Contractor shall furnish the necessary employees to provide the building janitorial services described in Exhibit B for the facilities listed in Exhibit A attached. COMPLIANCE WITH ANTI-DISCRIMlNA TION LAWS 4. In the performance of this Agreement, 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 5. 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 6. The Contractor shall be responsible for the cost of all remuneration of whatever kind to employees, including, but not limited to, regular and overtime pay, as well as cost of 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 7. The Contractor shall comply with Labor Code Sections 1770 et. seq. Prevailing wage increases shall not be considered as the basis of an agreement amendment outside of the time noted in the agreement. COMPENSATION FOR SERVICE PROVIDED 8. Payment shall be made on a monthly basis. The Contractor 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 (as defined in Exhibit B) included as part of this Agreement are as follows: :. Page 2 of Agreement .- .- . Civic Center: Shannon Community Center: Senior Center: Heritage Center: Dublin Swim Center $2,940 $2,980 $ 834 $ 175 $ 980 3 months (Plus a few days) per year TOTAL: $7,909 The above monthly costs are the total amount to be paid by City for regular setvices. All such payments above shall be contingent on approval of satisfactory performance of the work stated in the specifications. Approval of satisfactory performance shall be judged solely by the City representative assigned to supervise this Agreement. Upon request by the City, Contractor agrees to perform services in addition to those regular setvices set forth in Exhibit B, at the following rates: $15.00 per manhour, with a minimum of three (3) manhours to be billed for each event. Invoices shall indicate the dates on which extra work was performed and the facility at which the extra work was done. HEALTH AND SAFETY 9. All applicable safety orders, rules, and regulations of the Department ofIndustrial 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 or utilize "boom boxes" or other electronic devices which may disturb the public or distract from work being performed. Contractor shall perform work in a safe manner so as not to endanger employees of Contractor or City or the General Public. Smoking is not allowed in City facilities. 10. All personnel shall be in good health and free from contagious diseases. No employee drinking alcohol or under the influence of alcohol or drugs shall be allowed on the premises or in the buildings, nor shall any employee bring alcohol or drugs on the premises. SECURITY 11. Contractor shall be responsible for ensuring 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 any facility (including grounds) on which work under this Agreement 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. 12. Contractor will be responsible for maintaining any building keys issued to Contractor or its employees. Ifkeys are lost, Contractor will be responsible for all costs associated with re-keying the facility(ies). Contractor will also be required to pay any costs incurred by the City as a result of Contractor's failure to utilize proper alarm codes at those facilities which have alarm systems. PERSONNEL 13. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of Page 3 of Agreement any such persons, Contractor shall, upon receiving notice from City of such desire of City, cause the removal of such person or persons. The time period for removal of the affected employee shall be at City's discretio.>: 14. Contractor shall provide and keep current an organizational chart and list of all employees performinp'. work in City Facilities. It should be noted that Dublin Police Services will perform background checks on all employees who work in the Civic Center Police Wing and may deny access to specific employees based on the result. SUPERVISION OF CONTRACTOR'S EMPLOYEES 15. All work shall be performed under the supervision ofa trained supervisor who will be responsible for the conduct and workmanship of the Contractor's employees. There must be at least one (1) employee on the premises during the hours that work is in progress who speaks and understands the English language (spoken and written). SUBCONTRACTORS OR ASSIGNEES 16. 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 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 Agreement. CHANGE IN OWNERSHIP 17. Contractor agrees that if there is a change in ownership prior to completion of this Agreement, the e::: new owners will be required under terms of sale to assume this Agreement and complete it to the satisfaction of the City. INSURANCE 18. The Contractor shall 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 $1,000,000 for one or more persons injured and.property damaged in one accident. Property Damage Insurance shall include specific protection from any possible damage to buildings on adjoining property which may result from the execution of this Agreement. 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 this Agreement. .' Page 4 of Agreement .' .,: . The Certificates of Insurance shall note that cancellation or reduction in coverage of the specified insurance call110t 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 Agreement or may terminate the Agreement. BONDS 19. The Contractor shall possess a Janitorial Service (dishonesty) Bond in an amount of not less than $15,000. The City of Dublin shall be a named subscriber to the Bond. LICENSES, PERMITS, ETC. 20. Contractor represents and warrants to City that he has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for Contractor to petform the work required hereunder. 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 petform such work. 21. Contractor shall obtain and keep current a City of Dublin Business License. TELEPHONE CONTACT 22. If an answering machine is used by Contractor for routine contact on working days, the Contractor shall respond to messages on the same day that the message was left, except that messages left after 4:00 p.m. will require a response no later than 9:00 a.m. on the day following the date the message was left. 23. For emergency purposes, the Contractor shall provide at his sole expense a home telephone number, answering service number, telephone beeper, or other method of receiving calls by the Supervisor on a 24- hour, 7~day-perMweek basis. This contact arrangement shall be used to promptly address emergency situations. Contractor's on-site supervisor shall carry a pager for emergency contact during the time the crew is working in the City's facilities. WORKING HOURS 24. Parameters for working hours will be determined by the City and are subject to change. The general hours a specific building is available to be cleaned are listed in the Building Specifications, Exhibit A. The Contractor shall not begin work in a building or area ofa building that is occupied by members of the public without specific permission of the Public Works Director or hislher designee. Work in the Police Facility must be petfonned when a Police Service employee is on duty, and access times must be arranged in advance. 25. The City observes the following holidays: New Year's Day, Martin Luther King, Jr.'s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the following Friday, Christmas Eve and Christmas Day, and New Year's Eve. Contractor will not provide service to City facilities on observed City holidays except when special events are held at a facility. SCHEDULES 26. The Contractor shall provide the City montWy with a written maintenance schedule which includes proposed working hours. Dates for work other than routine daily items shall also be provided. This schedule and any adjustments must be approved in writing by the City. For all quarterly, semi-annual, and annual Page 5 of Agreement services, the Contractor shall inform the City a minimum of 15 days prior to the proposed performance of the service. The City shall approve of the dates selected. . ENERGY CONSERV A nON 27. The Contractor shall be responsible for energy conservation in the premises being cleaned under this Agreement. Upon entering the premises, lights in areas not being used by occupants and not required for immediate cleaning purposes 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 in the premises, except night lights or other designed lights, shall be turned offwhen all cleaning is complete. Particular attention shall be given to turning offlights on Friday nights. If the Contractor fails to turn offlights as specified herein, the amounts payable hereunder shall be reduced by the estimated cost of energy used as a result of such failure. REPORT OF DAMAGE 28. The Contractor shall report broken windows, plumbing leaks, and other building repair needs to the Public Works Director or his/her designee. The Contractor shall immediately notify Dublin Police Services when vandalism or other destruction of City property is observed inside and outside the facilities. USE OF CITY PROPERTY 29. Employees of the Contractor shall not disturb papers on desks, floors, or other surfaces, open drawers or cabinets, use radios, television sets, coffee pots, stoves, refrigerators, typewriters, computers, copiers, or tamper with personal or City property. The telephones shall not be used for personal calls or for business calls not specifically related to this contract. FURNISHlNG OF SUPPLIES AND EQUIPMENT '. 30. The Contractor shall furnish, at the Contractor's expense, all supplies and equipment necessary to properly perform work. These supplies and equipment include, but are not limited to, waxes, floor finishes, cleaners, floor stripper, sealers, detergents, cleaning powder, disinfectants, metal and furniture polishes, glass cleaner, brooms, mops, mop presses, sweeping tools and cloths, buckets, brushes, sponges, squeegees, wet and dry vacuum cleaners, janitor carts, ladders, floor machines, and adequate floor machine scrub and polish brushes. Contractor is responsible for furnishing any and all supplies required for the Holding Cells, including those supplies related to removal ofinfectious waste. The City shall furnish the following paper 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 Contractor shall be responsible for notifying the Public Works Director or his/her designee when these supplies need to be re-ordered. 31. All supplies and materials furnished by Contractor shall be kept in sealed, leak free, and clearly labeled containers. Labeling shall be of a permanent type that will not wash or fade away. A set of Material Safety Data Sheets (MSDS) for all applicable products used in City facilities shall be provided in a separate binder for each building serviced. Bmders are to be maintained on-site in each building. City will review MSDS sheets and products used and reserves the right to reject specific products. City shall be advised of any new products proposed to be used before Contractor begins using the product. Storage areas shall be cleaned and maintained according to the Janitorial Service Specification, Exhibit B. 32. The City shall not be responsible for damage to or loss of Contractor's equipment, supplies, or property left on the premises. . Page 6 of Agreement ....~" .~ ... . STANDARD OF PERFORMANCE 33. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in 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 34. The Public Works Director of the City of Dublin or his/her designee and the Contractor shall inspect the work on a monthly basis during the City's normal business hours at a time to be mutually agreed upon by City and Contractor. The Director or his/her designee shall judge the performance of the Contractor pursuant to this Agreement. If, or when, the work is incomplete or unsatisfactory to the City, the City shall notifY the Contractor within one working day to ensure compliance. If the work has not been secured within one working day following notification for daily items or five working days following notification for items performed weekly, bi-weekly, monthly, semi-annually, or annually, penalties may be assessed as noted in Section 35 below. 35. When the Contractor does not provide the services specified in Exhibit B, it is agreed that, in the event of such failure, the City may choose one of the following options: a. To secure another contractor to perform the necessary service, and to deduct the cost of this service (including labor, materials, and City's overhead) from Contractor's compensation for regular service. b. To secure an estimate from another contractor to perform the necessary service and to deduct the estimated cost of this setvice (including labor, materials, and City's overhead) from Contractor's compensation for regular service. c. To estimate the cost of the necessary service based on Contractor's quoted hourly rate for extra work and to deduct the estimated cost of this service (including labor, materials, and City's overhead) from Contractor's compensation for regular services. RESOLUTION OF DISPUTES 36. Except as otherwise provided in this Agreement, 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. Resolution of the appeal shall be final and binding arbitration conducted according to the rules of the American Arbitration Association. Each party in such arbitration shall bear its own costs and attorney's fees and shall jointly pay the cost of the arbitrator and court reporter. The arbitrator shall be selected jointly by City and Contractor. The decision of the arbitrator shall be final. Pending final disposition ofa dispute, the Contractor shall proceed diligently with the performance of the contract as written. EXCUSED NON-PERFORMANCE 37. 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 Page 7 of Agreement 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 Contractor. ."':" HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR 38. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the perfonnance 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 perfonnance 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 oflaw, whether willful or negligent. For purposes of Section 2782 of the Civil Code, the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this agreement, Contractor acknowledges that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or 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 8 of Agreement .' .'-"'~ . . .~ CITY OF DUBLIN BUILDING SPECIFICATIONS (Approximate) The following facilities are to be included in this Agreement: a. Shannon Community Center 11600 Shannon Avenue (comer of Shannon Avenue and San Ramon Road) 7 day per week service Nonnal hours of operation: Sunday through Thursday 7:00 a.m. to 10:00 p.m. Friday and Saturday 7:00 a.m. to 12:00 midnight Hours available for janitorial service: Sunday through Thursday, 10:00 p.m. to 6:00 a.m.; Friday and Saturday, 12:00 midnight to 6:00 a.m. b. Dublin Senior Center 7437 Larkdale Avenue 5 day per week service (Monday through Friday) Nonnal hours of operation: 8:00 a.m. to 10:00 p.m. Hours available for janitorial service: 10:00 p.m. to 6:00 a.m. Civic Center 100 Civic Plaza 5 day per week service (Monday through Friday) Administrative Wing: Nonnal 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: 5 :30 p.m. to 11 :00 p.m. (or later if agreed in advance). Police Wing: Nonnal hours of operation: 24 hours daily. Business hours 8:00 a.m. to 5:00 p.m. Hours available for janitorial service: 5 :30 p.m. to 11 :00 p.m. with schedule to be determined by the City for entry to the facility and servicing certain secured areas. d. Heritage Center 6600 Donlon Way 2 days per week service; days by arrangement with facility manager Nonnal hours of operation: weekdays 8:00 a.m. to 12 noon and Sundays noon to 3:00 p.m.; may be used for meetings at other times of day. Hours available for janitorial service: typically evenings until 11 :00 p.m. (arrange with facility manager) c. e. Dublin Swim Center 8157 Village Parkway 7 days per week service, approximately 3 months per year Nonnal hours of operation: 7:30 a.m. to 9:00 p.m. Hours available for janitorial service: 10:00 p.m. to 6:00 a.m. EXHIBIT A: BUILDING SPECIFICATION, PAGE 1 The attached Building Summary contains square footage infonnation pertaining to the five buildings included in this contract. Following is a description of the buildings, including number of rest rooms and kitchens, types of space, and so forth: . DUBLJN CIVIC CENTER: Administrative Wing: Encompasses a Regional Meeting Room, large lobby area, and City Council Chamber, as well as the City's administrative offices. This building includes approximately 4,850 square feet of shell space which does not have any tenant improvements and which will not require janitorial service. . Key Elements - First Floor Main Lobby: Main lobby and elevator lobby floors are terrazzo finish. Entry doors have installed floor mats. Council Chamber: 150 fixed seats with carpeted floors. A significant amount of cherry wood natural finish woodwork is located within this room. There is an eight-foot diameter terrazzo and brass inlaid seal located in the floor. Also, a small counter with a sink is located adjacent to this room. Small Caucus Room: Conference room with adjacent restroom containing one toilet and one sink. Regional Meeting Room: Carpeted room which includes a small kitchen area with a microwave, small refrigerator, and sink. Public Restrooms: . Men's - 3 sinks, 2 urinals, 3 toilets. Women's - 3 sinks, 5 toilets Elevator #1 (located at restroom lobby). Elevator is carpeted. Elevator/restroom lobby is terrazzo. Infonnation booth: Not presently in use and does not require janitorial service. Development Services: This is the major office area on the first floor and includes the Building, Planning and Public Works Departments. This area contains enclosed offices plus work areas which have been developed using partitions. All of the offices are occupied. The area also includes two conference rooms and the main copy/mail room for this wing. The public area contains a 30:t foot long counter which has a terrazzo top. A coffee counter, sink, and small refrigerator are located in this area. A sink is also located in the copy room. Staff Locker Rooms/foilets: Men's - 1 sink, 1 toilet, 2 showers. Women's - 1 sink, 1 toilet, 2 showers, small lounge area. Janitor's Closet: Janitor's closet with mop sink is located on the first floor. Staff Lunchroom: Includes a small kitchen area which has the following appliances: stove, microwave, refrigerator, and dishwasher. . EXHIBIT A: BUll..DING SPECIFICATION, PAGE 2 -, e: e-;-:"":':':.. . . . , . Receiving: A large receiving room with concrete floor is located adjacent to the loading dock. This room provides storage for office supplies. A separate room adjacent to the receiving room is used for storage of toilet paper, paper towels, and other supplies provided by the City_ Elevator #2: A secondary elevator leads to a second floor expansion area. This elevator and the adjacent staircase are carpeted and will require some janitorial maintenance. Key Elements - Second Floor Grand Stairway: A large carpeted stairway which leads from the first floor lobby to the second floor. RecreationlFinance: These areas contain a small public counter and four enclosed offices. Four workstations have been created with partitions. The City's computer room and a small conference room are also located in this area. Restrooms: Men's - 2 sinks, 1 urinal, 2 toilets Women's - 2 sinks, 2 toilets City Council/City Manager Reception Area: This area contains a small waiting area and two built-in chenywood desks. Enclosed Offices: There are 11 enclosed offices located in this area. Main File Room: The City's main files are located on the second floor. This room contains an installed moving file system and a small copier. Library: The library is slightly larger than a large office. Coffee Counter: Two coffee counter/sink areas are located on the second floor. Both have small refrigerators. Police Wing: Contains approximately 19,390 square feet. This includes a 2,11 O.:!: square foot vehicle sally port which may require periodic broom sweeping and a 300.:!: square foot evidence garage which will not be included in the routine janitorial agreement. Key Elements - First Floor: Lobby/W aiting Area: Carpeted. Public Restrooms: Men's - 1 toilet, 1 sink Women's. 1 toilet, 1 sink Small Conference Room/Fingerprinting Counter: A small conference room is located off the lobby. The fingerprint counter also has an adjacent sink. Records: This area has two work stations and several file cabinets. EXIllBIT A: BUILDING SPECIFICATION, PAGE 3 Copy/M:ail Room: This room contains a sink and a counter. . Janitor Closet: This room contains a sink. Staff Restrooms: Men's - 1 sink, 1 toilet. Women's - 1 sink, 1 toilet Future Dispatch Area: This area will contain one work station which will be staffed. The area will not be used for dispatching at this time. Holding Cell Area: This area contains a separate janitor's closet. Four holding cells are located in this area. Each cell is equipped with a sink and a toilet. (Cells will not be cleaned when inmates are present). This area also includes a small adjacent interview room with sink and vestibule areas. Evidence Storage and Evidence Garage: These storage areas are excluded from janitorial service. Evidence Packaging: This counter area includes a sink and lockers and will require cleaning and mopping as noted in the work schedule. Armory: This area is excluded from janitorial service. Elevator: A single elevator is located in the Police Wing. Patrol OfficeslReport Writing: This consists of two small offices and a report writing area. The small offices were recently changed from carpet to vinyl tile. TrainingIRoll Call: This is a single room which has a collapsible partition which can divide the room. ...-.. . . EOC Office: This is a single, enclosed office which will be utilized on an intermittent basis. Locker Rooms: Men's - 3 sinks, 2 urinals, 2 toilets, large locker area with built-in shower area (3 heads). Women's - 3 sinks, 2 toilets Physical Training Room: Carpeted room containing various pieces of physical training equipment and a large mirror on one wall. Key Elements - Second Floor: Lunchroom: This area contains a fully~equipped kitchen, including stove, refiigerator, dishwasher, and microwave. Restrooms: Men's - 2 sinks, 1 urinal, 2 toilets Women's - 3 sinks, 2 toilets Open Office Area: Approximately 400 square feet of partitioned offices. Enclosed Offices: Similar to enclosed offices in rest of building. . EXHIBIT A: BUILDING SPECIFICATION, PAGE 4 e:-- e': e', Interview/Observation Rooms: Four enclosed offices are used as interview and observation rooms. Administration ClericallReception Area: This area has one workstation which is partially enclosed with partitions. Conference Room Facilities: There are two conference rooms in this area, one which includes a built-in counter and sink. StafIRestroom: Single facility includes one sink and one toilet. SHANNON COMMUNITY CENTER This facility was constructed in 1973 and renovated in 1988-89. The City of Dublin uses this building for its community recreation programs and classes. The building is also rented for meetings and special functions such as wedding receptions. Upper Floor: Kitchen: Appliances include refrigerator, dishwasher, restaurant type range, wanning tools, and microwave oven. Office: One large office, three small offices (all carpeted). East Room: Has hardwood floors. Capacity of 104 assembly or 49 dining. Social Hall: Linoleum floor. Capacity of 486 assembly or 227 dining. West Room: Carpeted floor~ access to deck and lawn. Capacity of 152 assembly or 71 dining. Restrooms: Men's - 1 stall, 2 urinals, 2 sinks. Women's. 3 stalls, 2 sinks Janitor's Closet. Hall and Stairwell: Linoleum floors. Lower Floor: Meeting Room: Carpeted, with access to patio~ capacity of 140 assembly or 70 dining. Preschool: Partly carpeted, partly linoleum, with attached patio. Three storage areas. Hall and Elevator Lobby: Linoleum floors. Elevator interior is carpeted. Restrooms: Men's - 2 urinals, 1 toilet. Women's - 2 toilets. EXHIBIT A: BUILDING SPECIFICATION, PAGE 5 SENIOR CENTER .'>. . . This facility was formerly a school multi-use room. It was renovated by the City of Dublin in 1988 (floor replaced in 1991) and is managed by the City for its senior citizen programs and classes. Office: Carpeted. Social Hall: Vinyl tile. Capacity of300 assembly or 197 dining. Stage: Wood floor. One sink. Restrooms: Ceramic tile. Men's - 2 stalls, 1 urinal, 2 sinks. Women's - 3 stalls, 3 sinks. Staff - 1 stall, 1 sink. Kitchen Area: 1 toilet, 1 sink. Janitor Closet: 1 sink. Hallway/Office Area: Carpeted. Kitchen/Dishwashing Room: Vinyl tile. Contains 3 sinks, dishwasher, and rinse sink, stainless steel counter, oven and grill, refrigerator. Kitchen was renovated in 1991. HERITAGE CENTER The portion of this facility which is to receive janitorial service is an approximately 150-year-old former schoolhouse, consisting of the following rooms: Carpeted meeting room - approximately 620 s.f Carpeted office - approximately 336 s.f Museum with vinyl tile floor - approximately 1,000 s.f (mostly covered by displays) (2) Small vestibules with vinyl tile floor - approximately 50 to 60 s.f each 1 men's and 1 women's restroom with ceramic tile floors - approximately 100 s.f each. Each restroom has one sink. The men's has one stall and one urinal; the women's has two stalls. DUBLIN SWIM: CENTER BATHHOUSE The portion of this building to be cleaned consists of showers and restrooms as follows: 4 showers 4 sinks 6 toilets 2 urinals Shower and restroom floor surfaces are ceramic tile. EXHIBIT A: BillLDING SPECIFICATION, PAGE 6 ...~ .' . ..; CITY OF DUBLIN JANITORIAL SERVICE SPECIFICATIONS Proposed work schedule shall include the following: ROUTINE JANITORIAL RESTROOMS AND SHOWERS DAILY: Clean and disinfect restroom fixtures, toilets, urinals and basins, plumbing, mirrors, decorative and protective metals, including undersides and tops of toilet seats. Remove all scale using approved non-abrasive material. Spot clean and dust walls, partitions, splashplates, windowsills, doors, and related structures. Clean, refill, and restock soap, towels, toilet tissue, seat covers, and sanitary napkin/tampon dispensers. These dispensers shall be restocked with sufficient supplies to last until the next servicing. Empty and wipe down waste and sanitary containers, dispose of contents, replace liners. Clean entrance doors, remove handprints from push plates and sanitize. .. Wash/scrub and disinfect all showers with approved non-toxic germicidal disinfectant. Report burned out light bulbs, graffiti, and any other abnormal situations to the Building Manager. WEEKLY: Wash woodwork, ceramic tile, and fonnica surfaces and remove splash marks from walls, urinals, and toilet partitions. MONTHLY: Clean exterior of air duct receptacles. ANNUALLY: Remove air duct grilles and wipe back side of grille clean to remove dust/dirt. . EXHIBIT B: JANITORIAL SERVICE SPECIFICATION, PAGE 1 OFFICES, COMMON AREAS, KITCHENS AND OTHER MTSCET,T,ANF,OTJS ROOMS AND FACTT,ITTRS . DAILY: Mop hardwood floors with treated dust mop; spot mop all spills using a wet mop and neutral (pH 7 or 8) cleaner. Clean and sanitize drinking fountains. Spot clean fingerprints and other marks from woodwork, walls, doors, and glass partitions, and the inside surfaces of exterior windows. Spot clean walls, doors, door frames, and counters. 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-ofr' mats, using a method approved by the City. Empty and replace liners in all wastebaskets and carry trash to specified containers at each site. Material in recycling containers shall be collected separately and placed in a bin specifically for recycled paper. Leave all lights off (except designated night lights or those in areas being used by employees or the ~~. . - ~. . Dust, with dusting agent or damp cloth where necessary, all horizontal surfaces of office furniture (as much as can be done without disturbing papers on desks), partitions, ledges, windowsills, and counters. Clean all kitchen and coffee bar sinks and counters and adjacent walls and cabinets, as well as stove, microwave oven, dishwasher, refiigerator, and wanning tray exterior surfaces. Report burned out light bulbs, graffiti, and other abnonnal situations to the Building Manager. WEEKLY: Clean and polish metal chairs, office equipment, and wooden furniture. Wipe down plastic and leather furniture. Thoroughly vacuum and spot clean upholstered furniture. Clean and disinfect handsets of phones. Clean and wipe down all wastebaskets (interior and exterior) and interior trash cans. Clean and disinfect surfaces of exercise equipment which come in contact with the user of the equipment (i. e., handgrips, pedals, seats, and backrests, etc.). . EXHIBIT B: JANITORIAL SERVICE SPECIFICATION, PAGE 2 .--:'.--1 ....: .. Polish kitchen appliances and stainless steel to restore original finish. Clean interior of stoves, refrigerators, and microwaves if needed. This item shall include heavy scrubbing of appliances to remove built up material. MONTHLY: Perform high dusting (i.e., door sashes, tops of partitions, high cabinets, ledges, vents, and hanging light fixtures). Cobwebs are to be removed to the extent that they can be removed with an extendable pole and only to the extent that special equipment (i.e., mechanical lifts) is not required. Clean all glass doors (both sides) in buildings, including glass partitions, to a height often (10) feet. Clean stair railings and spot clean stairwells. Clean exterior of air duct receptacles. QUARTERLY: Clean and polish all interior metal fixtures and surfaces, including door push and kick plates and pulls. SEMI~ANNUALLY ThorougWy clean venetian and vertical blinds. .. . .: Vacuum all fabric window coverings (drapes, shades, etc.). ANNUALLY . Vacuum and dust all fabric walls and partitions. Reniove and clean back side of air duct receptacle grilles to remove dust/dirt. C01TNCTT, CHAMBERS The services 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. "). EXHlBIT B: JANITORIAL SERVICE SPEClFICATION, PAGE 3 ROUTINE FLOOR CARE .. DAILY: Sweep and damp mop all restroom, locker, and shower floors using an approved non-toxic gennicidal disinfectant and clean water. Remove all spills, sticky areas, gum, etc. Damp mop linoleum/vinyl and terrazzo floors to remove dust, dirt, and spills; reapply floor wax as necessary to maintain an acceptable surface condition. If facility is in use, dust mopping with a chemically-treated dust mop shall be performed in lieu of damp mopping. (See note below regarding schedule for Senior Center and Shannon Center floors only.) Mop hardwood floors with treated dust mop; spot mop all spills using a wet mop and neutral (pH 7 or 8) cleaner. WEEKLY: Machine buff all floors, staircases, and landings to a high sheen using non-slip material. Wet mop hardwood floors using a neutral (pH 7 or 8) cleaner. Broom sweep sally port (police) and receiving room. BI-WEEKLY (EVERY lWO WEEKS): Clean tile grout with approved cleaner. .... '. Scrub vinyl, linoleum, and tile floors to remove scuff marks or other marks that have not been removed by normal mopping. -Pour water in all floor drains. STRIPPING AND WAXING: Hard surface floors (terrazzo, vinyl tile, linoleum, ceramic tile) shall be completely stripped and waxed annually. Exception: The Senior Center and Shannon Center floors are to be completely stripped and waxed semi- annually. The Senior Center floor is to be completely rewaxed on a quarterly basis for the two quarters that the strip and wax is not performed. The Shannon Center floor is to be completely rewaxed on a monthly basis for the ten months that the strip and wax is not performed. Exception: The museum room portion of the Heritage Center is exempt from the annual strip and wax requirement; however, the vestibules are required to be stripped and waxed according to this schedule. If the City decides to have the museum floor stripped and waxed, it will be treated as an extra. Note: Baseboards and walls shall be wiped clean immediately after stripping and waxing to avoid permanent stains and/or damage. .. EXHIBIT B: JANITORIAL SERVICE SPECIFICATION, PAGE 4