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HomeMy WebLinkAbout4.05 TriVlyJanitorialSvs 1- .. .. . . CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 14, 1993 SUBJECT: EXHffiITS ATTACHED: ---r ) 2) 3) 4) 5) 6) 7) RECOMMENDATION!f# 1) 2) Agreement with Tri-Valley Janitorial Service for City Facilities Janitorial Services Report by: Public Works Director Lee Thompson 8) j' RFP Results /- Copy of Rating Sheet .----- Resolution j Agreement j Letter from Sir Thomas Industrial Maintenance Dated 6/9/93 ___ Letter from Sir Thomas dated 2/25/91 regarding competitive bidding and performance bond requirements -,/ Copy of Municipal Code Sections 2.36.040 (purchasing Award - Factors to be Considered) and 2.36.050 (Exceptions to Competitive Bidding Requirements) - Letter from Tri- Valley Janitorial Service Adopt resolution overruling protest and awarding contract to Tri-Valley Janitorial Service and authorize Mayor to execute the agreement. Approve budget transfer from the Building Management (1050) budget to the Shannon Center (8050) budget in the amount of $9,780 and to the Senior Center budget in the amount of $408. FINANCIAL STATEMENT: Funds for janitorial service are budgeted in the individual building contract service operating budgets for the Civic Center (1050), Shannon Center (8050), and Senior Center (8080). The 1993-94 budget indicated below was formulated based on the 1992-93 janitorial service cost. 1992-93 1993-94 Tri - Valley Proposed Contract Budget Contract Price Difference Civic Center: $52,692.00 $52,692.00 $35,284.80 $(17,407.20) Shannon Center: $21,600.00 $21,600.00 $31,380.00 $ 9,780.00 Senior Center: $ 9.600.00 $ 9.600.00 $10.008.00 $ 408.00 Total: $83,892.00 $83,892.00 $76,672.80 $ (7,219.20) Proposed extra work cost: $18.50 per hour with three-hour minimum. The proposed contract with Tri-Valley Janitorial Service represents a total savings of $7,219.20 from the total amount budgeted for janitorial services. The proposed janitorial cost for the Shannon Center is $9,780 higher, for the Senior Center, $408.00 higher, and for the Civic Center, $17,407.20 lower than budgeted. Staff recommends retaining the $7,219 savings in the Building Management budget to allow for any extra work that may become necessary, and for additional carpet cleaning and badly- needed painting in the Civic Center. Staff recommends that $9,780 be transferred from the Building Management (1050) contract services budget to the Shannon Center (8050) contract services budget and $408.00 from Building Management to the Senior Center (8080) budget. The related services of carpet and window cleaning are provided by separate contractors and are not included in the above figures. - DESCRIPTION: On April 26, 1993, the City Council authorized Staff to solicit proposals Jor City Facilities Janitorial Services. This agreement provides for janitorial service in the Civic Center, Shannon Center, and Senior Center buildings. Under the terms of the City's ~-:;~.~--------~~~;-~-~~-;;;~:;:::-------------------------------------------------------------- 4 . . Purchasing Ordinance, janitorial services may be secured through a Request for Proposal which considers ability to perform the contract as well as the proposed cost of the service. Staff received a total of seven proposals (see RFP Results, Exhibit 1). Two of the proposals were incomplete and were removed from consideration. On June 3rd, Staff interviewed the remaining five providers. The interview panel consisted of representatives from Public Works Maintenance Staff, Shannon Center and Senior Center Staff, and Police Services. The potential providers were rated as to their understanding of the City's needs, experience in similar facilities, and proposed staffing on a building-by-building basis, and generally on willingness to work with City Staff to achieve goals, ability to handle emergencies, responsiveness, and the experience of key personnel. A copy of the rating sheet is attached as Exhibit 2. Proposed Agreement and Staffing Staff believes that Tri-Valley Janitorial Service is best able to fulfill the City's needs. In addition to the rating categories listed above, Staff solicited comments from references and asked specific questions of the contractors related to cleaning and sanitation methods that would be used in the holding cells and on the large hard-surface floors. The ratings for Tri-Valley ranged from 61 to 80 out of a possible 80 points, while the ratings for the next-nearest competitor ranged from 39 to 50. The rates quoted by Tri-Valley are higher than the rates quoted by the other firms; however, the staffing level is also proposed to be higher, with separate crews for the Civic Center (3 people), Shannon Center (2 people), and Senior Center (1 person), and additional personnel for periodic services such as stripping and waxing of hard surface floors. Tri- Valley additionally proposes to provide employees who are already on their payroll and who receive a somewhat higher rate of pay than that paid by other firms. The fact that the personnel are experienced and have a low turnover rate contributes to the quality of the work to be performed. Other providers proposed either to utilize the same crew for all three buildings or to supply as few as two people for the Civic Center and one person for both Shannon and the Senior Center. One of the factors taken into consideration with regard to the Civic Center janitorial staffing was the amount of time proposed to be spent in the Police facility. Tri-Valley has estimated approximately one crew hour, while other providers estimated two to four crew hours. Since an officer must be taken off the street to maintain security while the janitorial crew is cleaning, Police Services feels that the shorter time frame is much more acceptable. It should be noted that prior to the current contract, the City chose janitorial contractors on a low-bid basis and had a very bad experience with the two contractors chosen in this manner. Both of those contractors were terminated within less than a year because of unsatisfactory performance. The unsatisfactory performance was largely a functIon of insufficient staffmg and high turnover among the contractor's personnel. Oftentimes, janitorial work is performed as a part-time "second job. II Tri- Valley's personnel are full-time employees. Staff feels that the Shannon Center and Senior Center have not received the service needed in previous contracts, including the existing one, at least partially because the same cleaning crew has been used for all three buildings and has not taken as much care toward the end of the shift when Shannon and the Senior Center are cleaned. The appearance of each of those buildings has not been satisfactory for quite some time. Additionally, the unique characteristics of the Shannon Center in particular have not been taken into consideration when previous contractors have quoted prices and subsequently performed work. For example, the high ceilings and open ductwork create the need for more high dusting and cobweb removal; the ledges and woodwork require more cleaning and dusting, the large social hall floor requires frequent attention because of the high use, and the often-used kitchen needs scrubbing. The appearance of the Center can certainly affect its rentability, and, in turn, the City's revenue. The Shannon Center also receives seven-day-per-week service as opposed to five-day service for the other two buildings, which contributes to the higher cost. The Senior Center likewise has a large hard-surface floor and food preparation area and is frequently used for both food service and dancing or exercise classes. It is imperative that the floor be kept in good condition to prevent accidents as well as for the sake of appearance. In contrast, the Civic Center is primarily carpeted office space and requires vacuuming and dusting, which is not as labor-intensive as hard surface floor care. The areas of terrazzo and vinyl tile in the Civic Center are smaller than those in the other two buildings and do not receive the same daily hard use as the floors in the Shannon and Senior Centers. Tri-Valley's cost proposal seems more reasonably balanced among the three buildings than theproposals of the other providers. The hourly rate for extra work proposed by Tri-Valley is $18.50 per hour with a three-hour minimum. This rate is higher than the extra work rate proposed by the other providers. This is primarily.a reflection of the rate that Tri-Va1ley pays its employees. The need for extra work could occur in the case of a weekend rental in the Civic Center's Regional Meeting Room which Page 2 . . necessitated cleanup prior to Monday, or if a plumbing or roof leak or some similar event caused a need for janitorial service. There may also be emergency calls for the holding cell area outside of the normal cleaning functions. In the case of the meeting room rentals, it is possible to deduct the cleanup cost from the deposit for the rental. Staff feels that the $18.50 rate is reasonable. Since this is a per-person hourly rate, Staff has some control over the actual expenditure by pre-arranging the crew size with the contractor. Also, since this contract specifies seven-day service for the Shannon Center rather than the six-day service on the current contract, the incidence of extra work will be lower. References Staff checked with the references for all five of the contractors that were interviewed. Tri-Valley's references, one of which is the City of Livermore, were consistently excellent. One person commented that he had switched from Tri- Valley to a lower-priced competitor but subsequently switched back to Tri-Valley again because the quality of their work was so much better. Other comments received were II dependable, II II responsive, II "fantastic job, II and "takes care of business. II Tri-Valley has provided service to some of the references for five to six years. Letter from Sir Thomas Industrial Maintenance On June 9th, Staff received a letter from Mr. Tim Talaugon of Sir Thomas Industrial Maintenance (Exhibit 5) which challenges Staff's decision to recommend awarding the contract to Tri-Valley Janitorial Service. Following are Staff's comments regarding Mr. Talaugon's letter: Item 1. Sir Thomas' proposal is to provide service at a cost of $5,074 per month which is substantially lower than Tri-Valley's proposal. Staff feels that the main reason for the cost difference is in the level of janitorial staffing proposed. During the interview process, Sir Thomas' representatives indicated that two persons would be provided to service the Civic Center and one person would be provided to service both the Shannon Center and Senior Center. Sir Thomas does provide a separate crew for the periodic stripping and waxing of floors. Staff feels that this janitorial staffing level is particularly insufficient for the Shannon Center and Senior Center. As noted in the paragraphs above, the City's experience with lower staffing levels and lower-priced contractors has not been good in the past. The Shannon Center and Senior Center both have very large vinyl tile floor areas which are required to be at least spot-mopped on a daily basis and machine buffed on a weekly basis. The total square footage of the two buildings is 18,131 square feet, of which 13,919 is hard-surface (vinyl, ceramic tile, or hardwood). The social hall portions of the two buildings comprise 7,000 square feet of the total square footage. The floors at the Shannon Center receive more abuse than floors in (for example) the Civic Center because of the dirt and sand which is tracked in from the park and preschool courtyard and because of the uses to which those floors are subjected: dancing, exercise classes, karate classes, art classes (paint spills), and food uses. The Senior Center floor is also used for dancing and exercise, as well as food service. These floors consequently need significant cleaning on a daily basis just to remove dirt and spills. In addition to the floor care, the contract requires servicing the restrooms, vacuuming (3,700 total square feet of carpet), dusting (including high dusting and cobwebbing), cleaning kitchen areas, and other items included in the contract scope of work. There are a total of eight restrooms between the two buildings. Because of the great number of people who use the Shannon Center and Senior Center, the restrooms also need extensive daily cleaning. Staff feels that one person is not sufficient to provide all of these services for two buildings on a daily basis. Item 2. Mr. Talaugon indicates that he feels the evaluation criteria should be reviewed and clarified, particularly in relation to the interview panel's understanding of the terms person-hours vs. crew hours. Most of the Staff members on the interview panel are in supervisory positions and are aware of the difference between person hours and crew hours. During the interview, Staff asked and Mr. Talaugon clarified that he was speaking of four person-hours (or two crew hours) for Police Services. Staff feels that the one crew hour proposed by Tri-Valley is better for Police Services for reasons stated in the staff report above. If the City were to provide a police officer on the street for the one extra hour per day, five days per week, that Sir Thomas proposes to need to clean the police facility, the cost would be as follows: Deputy - hourly rate with benefits: Estimated vehicle cost/hour: $33.63 5.00 $38.63 x 5 days/wk. x 52 wks/yr. $1O,043/year (or $836.98/month) Page 3 . . Not including any County overhead or insurance costs, this cost offsets 63.6% of the cost differential between Sir Thomas and Tri-Valley. Item 3. Sir Thomas has provided bids (or proposals) to the City on several occasions, both when the competitive bid process (low bid) was used and since the RFP process has been in place. It was, in fact, partially as a result of Mr. Talaugon's urging that the City's purchasing ordinance was changed to allow the use of other criteria than price to select maintenance contractors. Mr. Talaugon's 1991 letter to the City Attorney regarding the City's purchasing/contracting policies is attached as Exhibit 6 for the City Council's reference. Incidentally, it should be noted that Sir Thomas was offered a contract with the City of Dublin in 1991 and refused it. Staff feels that the criteria used to determine its recommendation were fair and impartial. A copy of Section 2.36.040 of the City's Municipal Code - "Purchasing Award - Factors to be Considered" is attached as Exhibit 7. Since this contract is not being awarded on a competitive bid basis, price is not the overriding factor. As outlined in the report above, Staff feels that proposed janitorial staffing is a primary issue, with emphasis also placed on skill, responsiveness, dependability, references, and an understanding of the City's needs based on the uses each building serves. Staff feels that Tri-Valley fulfills those needs and criteria to a greater extent than the other contractors. The owner of Tri-Valley Janitorial Service, Ms. Cheri Kurl, is not able to attend the City Council meeting but has submitted a brief letter which describes their work schedule and the personnel being provided. That letter is included as Exhibit 8. Recommendation Staff recommends that the City Council adopt the resolution overruling the protest and awarding the contract to Tri-Valley Janitorial Service, authorize the Mayor to execute the agreement, and approve a budget transfer among the three building budgets as outlined in the Financial Statement. 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FIRM NAME: CRITERIA RATING (low) 1 - 5 (hiQ'h) COMMENTS CIVIC CENTER - AD~ VYli"ll\J Understanding of City's needs and specifications. Experience in similar facilities Proposed staffing and scheduling CIVIC l;mlJiJR - POLICE WINU Understanding of City's needs and specifications Experience in similar facilities Proposed staffing and scheduling SHANNON COMMUNITY L~NnR Understanding of City's needs and specifications Experience in similar facilities Proposed staffing and scheduling SENIOR t:El'll ~K Understanding of City's needs and specifications Experience in similar facilities Proposed staffing and scheduling GENERAL Willingness and ability to work with City staff to achieve goals Ability to handle emergencies Responsiveness Experience of key personnel Additional comments Rater: ." .~ ."0' ".-- ".. '''''''',-1 rJ :..' " i:'.", "" _:; _,",_'. .; ~l ~ . ~1u""E~ 'RA~'~''''''eT . . RESOLUTION NO. -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH TRI-V ALLEY JANITORIAL SERVICE FOR CITY FACILITIES JANITORIAL SERVICES WHEREAS, the City of Dublin did, on May 20, 1993, receive proposals for provision of janitorial services for three City facilities; and WHEREAS, the proposals of these firms were reviewed and oral interviews conducted to determine the most qualified firm on the basis of experience, staffing, references, financial capability, and price; and WHEREAS, the Public Works Director has recommended that an agreement be signed with the most qualified firm hereinafter mentioned; and WHEREAS, a protest was received from Sir Thomas Industries, which protest was considered by the City Council and overruled; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Tri-Valley Janitorial Service for City Facilities Janitorial Services at the following per-month costs: Civic Center Shannon Center Senior Center Total: $2,940.40 $2,615.00 $ 834.00 $6,389.40 and an hourly rate for extra work of $18.50 per hour with a three-hour minimum. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the agreemen 1. PASSED, APPROVED, AND ADOPTED this 14th day of June, 1993. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a; (bldgs) ljanilOr\resoawrd _. ,~.__ .~..~ . ..... ....,. ... 'i :!; ....:IPI"'"" .........____._""'1""""..,....-- . . 1tE"W'"0,4 . . JANITORIAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 1, 1993, 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 and 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.. BI-WEEKLY 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 his/her designee. SEMI-ANNUALL Y 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 his/her designee. CONTRACTOR shall mean Tri-Valley Janitorial Service. CITY shall mean 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 (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/RENEWAL/TERMINATION 2. The term of this Agreement shall begin on July 1, 1993, 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 written amendment of this Agreement which requires approval by the City Council. The . . Agreement may be terminated by either party with 60 days' advance written notice, except t~at the City may terminate the Agreement without prior notice if Contractor fails to perform accordmg 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 WITII ANTI~DISCRIMJNA 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. ~EPENDENTCONTRACTOR 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. PREV AILING WAGE 7. The Contractor shall comply with Labor CodeSections 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. COMPENSA TION 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: $2,940.40 Shannon Community Center: $2,615.00 Senior Center: $ 834.00 TOTAL: $6,389.40 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 Agreement. Upon request by the City, Contractor agrees to perform services in addition to those regular services set forth in Exhibit B, at the following rates: $18.50 per manhour, with a minimum of 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 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 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. If keys 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 any such persons, Contractor shall, upon receiving notice from - Page 3 of Agreement . . City of such desire of City, cause the removal of such person or persons. The time period for removal of the affected employee shall be at City's discretion. 14. Contractor shall provide and keep current an organizational chart and list of all employees performing work in City Facilities. It should be noted that Dublin Police Services will perform background checks on all employees who work in the Civic Center Police Wing and may deny access to specific employees based on the result. SUPERVISION OF CONTRACTOR'S EMPLOYEES 15. All work shall be performed under the supervision of a trained supervisor who will be responsible for the conduct and workmanship of the Contractor's employees. There must be at least one (1) employee on the premises during the hours that work is in progress who speaks and understands the English language (spoken and written). SUBCONTRACTORS OR ASSIGNEES 16. 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 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 cannot occur until ten (10) days after receipt by the City of notification of such car:cellation 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 perform 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 perform 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-per-week basis. This contact arrangement shall be used to promptly address emergency situations. Contractor's on-site supervisor shall carry a pager for emergency 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 of a building that is occupied by members of the public without specific permission of the Public Works Director or his/her designee. Work in the Police Facility must be performed when a Police Service employee is on duty, and access times must be arranged in advance. 25. The City observes the following holidays: New Year's Day, Martin Luther King, Jr. 's Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the following Friday, Christmas Eve and Christmas Day, and New Year's Eve. Contractor will not provide service to City facilities on observed City holidays except when special events are held at a facility. Page 5 of Agreement . . SCHEDULES 26. The Contractor shall provide the City monthly 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 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 CONSERVATION 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 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 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. FURNISHING 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 of infectious 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 Page 6 of Agreement . . provided in a separate binder for each building serviced. Binders are to be maintained on-site in each building. City will review MSDS sheets and products used and reserves the right to 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. 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 service (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 Page 7 of Agreement . . 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 of a 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 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 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 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 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 (corner of Shannon Avenue and San Ramon 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 10:00 p.m. Hours available for janitorial service: 10:00 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: 5:30 p.m. to 11:00 p.m. (or later if agreed in advance) . Police Wing: Normal hours of operation: 24 hours daily. Business hours 8:00 a.m. to 5:00 p.m. Hours available for janitorial service: 5:30 p.m. to 11:00 p.m. with schedule to be determined by the City for entry to the facility and servicing certain secured areas. The attached Building Summary contains square footage information pertaining to the three buildings included in this contract. Following is a description of the buildings, including number of restrooms and kitchens, types of space, and so forth: DUBLIN CIVIC CENTER: Administrative Wing: Encompasses a Regional Meeting Room, large lobby area, and City Council Chamber, as well as the City's administrative offices. This building includes approximately 4,850 square feet of shell space which does not have any tenant improvements and which will not require janitorial service. Key Elements - First Floor Main Lobby: Main lobby and elevator lobby floors are terrazzO finish. Entry doors have installed floor mats. - EXHIBIT A: BUILDING SPECIFICATION, PAGE 1 . . 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 Development Services: This is the major office area on the first floor and includes the Building, Planning and Public Works Departments. - This area contains 7 enclosed offices and 9 work areas which have been developed using partitions. All of the partitioned 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+ 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/Toilets: 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. 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. Secondary Elevator: 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. Recreation/Finance: 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 cherrywood desks. Enclosed Offices: There are II enclosed offices located in this area. - EXHIBIT A: BUILDING SPECIFICATION, PAGE 2 . . . 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 2,110+ 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. The police facility includes several areas which are not used for work stations at this time, although they are carpeted and finished. Key Elements - First Floor: Lobby/Waiting 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. Copy/Mail 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 Offices/Report Writing: This consists of two small offices and a report writing area. EXHIBIT A: BUILDING SPECIFICATION, PAGE 3- . . Training/Roll 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, refrigerator, 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 open office. Enclosed Offices: Similar to enclosed offices in rest of building. Interview/Observation Rooms: Four enclosed offices are used as interview and observation rooms. Administration Clerical/Reception 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. Staff Restroom: 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: ~tchen: Appliances include refrigerator, dishwasher, restaurant type range, warming 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. EXHIBIT A: BUILDING SPECIFICATION, PAGE 4" . . 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. 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 of 300 assembly or 197 dining. Stage: Wood floor. One sink. Restrooms: Ceramic tile. Men's - 2 stalls, I urinal, 2 sinks. Women's - 3 stalls, 3 sinks. Staff - 1 stall, 1 sink. Kitchen Area: I 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. - EXHIBIT A: BUILDING SPECIFICATION, PAGE 5 . . 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 formica 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 I . . OFFICES, COMMON AREAS, KITCHENS AND OTHER MISCELLANEOUS ROOMS AND FACILITIES 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-off' 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 public). Dust, with dusting agent or damp cloth where necessary, all horizontal surfaces of office furniture (as much as can be done without disturbing papers on desks), partitions, ledges, windowsills, and counters. Clean all kitchen and coffee bar sinks and counters and adjacent walls and cabinets, as well as stove, microwave oven, dishwasher, refrigerator, and warming tray exterior surfaces. Report burned out light bulbs, graffiti, and other abnormal situations to the Building Manager. WEEKLY: Clean and polish metal chairs, office equipment, and wooden furniture. Wipe down plastic and leather furniture. Thoroughly vacuum and spot clean upholstered furniture. Clean and disinfect handsets of phones. Clean and wipe down all wastebaskets (interior and exterior) and interior trash cans. Clean and disinfect 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 . . 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 of ten (10) feet. Clean stair railings and spot clean stairwells. Clean exterior of air duct receptacles. QUARTERLY: Clean and polish all interior metal fixtures and surfaces, including door push and kick plates and pulls. . SEMI~ANNUALLY Thoroughly clean venetian and vertical blinds. Vacuum all fabric window coverings (drapes, shades, etc.). ANNUALLY Vacuum and dust all fabric walls and partitions. Remove and clean back side of air duct receptacle grilles to remove dust/dirt. COUNCIL 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. "). EXHIBIT B: JANITORIAL SERVICE SPECIFICATION, PAGE 3 . . ROUTINE FLOOR CARE DAILY: Sweep and damp mop all restroom, locker, and shower floors using an approved non-toxic germicidal disinfectant and clean water. Remove all spills, sticky areas, gum, etc. Damp mop linoleum/vinyl and terrazzo floors to remove dust, dirt, and spills; reapply floor wax as 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 TWO 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 and to be completely rewaxed during the two quarters that the strip and wax is not performed. 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 JUN 09 '93 10:00 SIR THOMRS INDUSTRIRL INC. . . ~ir <(Uqomas INDU.STRIAL MAINTENANCE CO., INC. . ;P.2 . l' . 358 Mathew Street . Santa c~., CA 950$() (408) 988-8333 FAX: (408) 988-0868 ! . June 9. 1993 Mr. Rich Ambrose City Manager City Of Dublin 100 CivIc Plaza Dublin. . CA 94568 , ! Via Facsimile: (51 0) a33~6651 Subject;. City FacUities Janitorial Service Contract Award Dear Mr. Ambrose: Our firm Sir Thomas Industrial Maintenance,: Incorporated recently participated In thelCtty of Dublin's competitive bid process for contract ~nltortal service, along-with other Iooal flrms In the ! area. After an evaluation prooess of the bids received by representatives of each CItY building under the proposed contract. and one-on-one Interviews with the representatives, we have been recently Informed by your office that the contract W$i awarded to the highest bidder, Trt"Valley Maintenance, and our firm was ranked second. It is our understanding that the evaluation team for this contract will present their' findings to you, and their reoommendatlon to award the contract to Tri-Valley, in the next City Council meeting scheduled June 14, 1993 at 7:30 pm. With this In mind, we wish to exercise our right to challenge the City's pre-recommendation to award the. contract to Tri- Valley for the following reasons: . 1. Our bfd oame in at $5,074.00 a month, to TriNalley'sbld at $6.389.40. This repreSents a . $1 ,315.40 a month difference In cost and $15.784.80 a year cost difference. Under. the i current increasing fiscal problems the City Of Dublin already fao&s; It makes no sen~ to me, why the city would justify paying more money than needed. . !, I. 2. This leads me to my second point. I feel the evaluation Orlter1a used by the City Of publln In determining their decision needs to be reviewed and clarifled. For example, a crltloal' factor In the evaluation is the police section. When we were Int~rviewed the question was :asked, .. How many hours did we propose to service the police section?" We stated (4) manihours, ; or two people work (2) hours. It is my understanding that our answer was Interpreted by the : City as a person working (4) hours, whioh.would greatly affect the police operation. The .Clty . of Dublin cannot afford to have a police person s~and Qrollnd for' four hours, beoau~e of the : police secl,Jr1~y reql,Jirements. HQwEtver, what W~ really meant was that (2) men wo~lng (2) , hours, equaling (4) man hours. Tri-Valley said It would only take them (1) hour, wrlch of course, would be more advantageous for the police operation. "'c C' .,. ..... ...., 6 PJeasantcn, CA Phone: (510) 426-8147 · Sacramento, CA ,Phone: (916)~: ,,'ql,~iLl,.&..'"s,i~S Other Locations: Oregon . Washington · COloo_ . ~- ...........l!!I'... '. . . P.3 JUN 09 '93 10:01 SIR THOMAS INDUSTRIAL INC. Mr.' Rich Ambrose City'Mana.ger City Of Dublin Page 2 of2 : j 3. This Is the third time Sir Thomas has bi4 01'1 this contract. We are famlllar with the City of Dublin's specifications and buildings. There seems'to be a concern on the amount of staffing levels we proposed to use for ,this contract. In',all fairness. the staffing levels should be reviewed again by the evaluation team, to Insure there is no confusion. Based on your specifications our staffing levels meet currentlnduSiry standards, and we are willing to provide supporting data to validate our point. ' ' . , ' In conclusion, all of the finalist competing for'this prOje'ct are all oompetent to service the contract. However, the evaluation and criteria process In awarding the job needs to be reviewed for falrfless and aoouraoy. , ' We would Ilke to express our views and findings In the upcoming City Council meeting. and for the record be placed on the consent calendar. We look forward to hearing from someone from your office immediately. TimothY' . T.f:n President TT/ll 00: Ginger. Russell ~ir mqomas INDUSTRIAL MAINTENANCE CO., INC. .~ir W4oma5. . Ms. Elizabeth Silver City Attorney THE CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 ..", .,. Ai ~ f' ~ o;p .,. ~ y>'~ c;'L ~ ~ ~ ~ ~ ~ ~ 358 Mathew Street Santa Clara, CA 95050 (408) 988-8333 FAX: (408) 988-0868 INDUSTRIAL MAINTENANCE CO., INC. February 25, 1991 Dear Ms. Silver: This letter is to serve as a possible alternative to the current terms and conditions for the City of Dublin Janitorial Contract. As background, in October 1990, our company was contacted by Ginger Russell of the Public Works Department to see if our firm would be interested in taking over the Janitorial Contract for the City. We bid on this project in September of 1990, and were the fourth lowest responsive bidder. But, as stated in the City Council Meeting on October 8, 1990, the lowest bidder, Shulers and Sons could not meet the city's bonding requirements, nor could the next two companies, which is why we were offered the job. However, at the same time, for being recommended for the contract and upon our verbal agreement to comply to the bonding requirements, we were also awarded major contracts in the area which were of a much higher dollar value, and had no performance bond requirements. Therefore, we made a business decision by deciding to turn down the city's offer to award the contract to us. . The City then elected to go with the next company, Golden Gate Janitorial Service. As of today, it is our understanding that there have been some major service problems with your current vendor, and it's not getting any better. Sir Thomas has been in the janitorial industry since 1983. Our experience, knowledge and track record, is well proven in the Bay Area, which was verified in the reference checks when we were considered for the city contract. We would therefore like to offer the City some viable alternatives to the current Janitorial Contract which would, in the long run, improve the present Janitorial Contract through better service, consistent performance from the contractor, while at the same time, be cost effective for the C:ty. Here are some problems as we view it from our past experience in the industry, and here are our solutions: Problem #1 Performance Bonds were originally intended for the general contracting and construction trades business for large construction projects. One of the main reasons for having a bond is that in large construction projects, progress payments were given to a contractor at the beginning of the job to purchase material, and in the middle of the job to cover payrolls and .~~~. .. ...., "7' ~ .~~ - .r: ,ft_....,.! ,U; 2.I&cfti.. LE""~ SI.~". . . Ms. Elizabeth Silver The City of Dublin Page 2 ~r; , insurance. Final payment was made when the job was completed, and the "punch list" was signed off by the Contract Administrator. However, instead of using progress payments to start off a job correctly, many contractors "used" the money for other purposes, and many projects were either not completed, or completed way over the allocated budget, because the client had to go out and solicit another contractor to finish the work. The City Janitorial Contract is a Maintenance Contract, not a Construction Contract. The skill level to periorm the work, the equipment needed, insurance requirements, and other liabilities are nothing close to the construction business. Sir Thomas has a construction division within our organization coincidently, which is why we are familiar with both trades. Because we are only providing a maintenance contract, progress payments are not necessary. In other words, it's not like a contractor half way through a million dollar construction project, and the contractor skips town, and the city is left with a project half done. This is where a performance bond is used. Because the janitorial contractor is paid for his/her services at the end of the month, the city has two key options to insure all service requirements are met without risking dollars. They are as follows: 1. At the end of each month, if there are service related issues not met based on a simple inspection system by both the City and the contractor present in the inspection, the contractor has (24) hours to rectify the complaint. If the complaint is not then rectified, the City can (a) contact another contractor at a predetermined hourly rate, plus the man hours the city employee spends correcting the problem, and the contractor would be charged for the time spent, or (b) have the city employee rectify the problem, and charge the contractor accordingly. This can be written in the contract, and is very common practice in our industry, especially in government related contracts. Problem #2 Because of the "low bid" requirement, in conjunction with the performance bond policy, a double problem occurs. 1. When a low bid is required, there is one place that is always cut, and that is your labor. The janitorial industry is 90% labor cost. The other area is the man hours it takes to do the job. In other words, as an example, a contractor bids a certain building at 8 hours a day, at an hourly rate of $9.00 an hour. He then tells his crew to do the job in 6 hours at $8.00 an hour. When this occurs, you have massive turnover which results in quality problems. ~ir '<ITlpJntn~ . . Ms. Elizabeth Silver The City of Dublin Page 3 2. The other problem is by driving labor cost down unrealistically, profit margins dwindle, which results in quality problems. Solution Eliminate both low bid and performance bond requirements. We have participated in the city contracts for San Jose and Santa Clara, both require no periormance bond. The San Jose contract is a million dollar contract, and basis of award were a combination of cost, technical experience, and track record, and a performance bond is not needed. In closing, we hope you will consider some of our alternatives and review them closely. We would also like to submit a proposal to the City of Dublin. As previously stated in this letter, we were informed that you are experiencing many problems with the present vendor, and that a possible termination of the contract would be imminent. If this occurs, Sir Thomas would be willing to take over the contract at the proposed rates we submitted back in October 1990. However, with no periormance bond, and with an added clause in our contract stating if we are negligent in our dutieq, we can be billed by the city for using another outside contractor to correct any repetative service problems, as explained in our first solution of this letter. During this time, the city could make preparation to re-bid on this project with the proposed changes we have stated, or continue our contract based on our performance. We are very confident that Sir Thomas can save the City of Dublin time, headaches, and money with our proposal by performing a quality job through better contract management, reducing turnover with better wages and benefits, and by implementing the suggestions stated in this letter. Please call me if you would like to speak to me at (408) 988-8333. TimotHy J. Talaugon President cc: Ginger Russell, City of Dublin %ir 'QIlIonuH3 . 2.36.030 2.36.030 Purchases by City Council-Competitive bidding. When the amount or value involved is at least five thousand dollars ($5,000), the purchase or disposal shall be made by the City Council through competitive bid as outlined below: ' A. Notice inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond and faithful performance bond will be required. B. Notice inviting bids shall be posted in at least three (3) public places in the city that have been designated by ordinance as the place for posting public notices, at least ten (10) days before the date of opening the bids. C. The Purchasing Agent shall also solic- it sealed bids from all responsible prospec- tive suppliers whose names are on the bidder's list and may advertise the notice inviting bids in applicable publications. D. When deemed necessary by the Pur- ~ chasing Agent or City Council, any bidder ~ may be required to submit a bid deposit or bond in an amount determined by the Pur~ chasing Agent or City Council. A successful bidder (and his surety, if a bond is fur- nished) shall be liable for any damages upon the bidder's failure to enter into a contract with the city or upon the bidder's failure to perform in accordance with the tenor of his bid E. When deemed necessary by the Pur- chasing Agent or City Council, any person or entity entering into a contract with the city may be required to furnish a faithful performance deposit or bond in an amount (DubUn 8-92) 36 . determined by the Purchasing Agent or Council. F. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid open- ing. G. At its discretion, the City Council may reject all bids presented and readvertise for bids. H. Contracts shall be awarded by the City Council to the lowest responsible bid- der, except as otherwise provided herein. I. If two or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may ac- cept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent at the time of the bid opening. (Ord. 16-83 ~ 3) 2.36.040 Purchasing award- Factors to be considered. Purchases shall be awarded after consid- eration of the following factors: A. The amount of bid price; B. The ability, capacity and skill of the bidder to perform the contract or provide the service required; C. The ability of the bidder to perform the contract or provide the service promptly, or within the time specified, without delay or interference; ,.... --=: ',,,,- .... ... . -,;. -,: J ";",, ., ~ ~u'N"IM~ iODvsi~':..s. . D. The reputation and experience of the bidder; E. The previous experience of the city with the bidder; F. The previous and existing compliance by the bidder with the laws and ordinances; G. The sufficiency of the financial re- sources and ability of the bidder to perform the contract or provide the service; H. The quality, availability, and adapt- ability of the supplies or contractual servic- es to the particular use required; 1. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; J. The number and scope of conditions attached to the bid. (Ord. 16-83 ~ 4) > 2.36.050 Exceptions to competitive bidding requirements. A. The provisions of this chapter requir- ing competitive bidding shall not apply to the following: 1. Contracts involving the acquisition of professional or specialized services, such as, but not limited to, services - rendered by architects, attorneys, engineers, and other specialized consultants; 2. Where the city's requirements can be met solely by a single patented article or process; 3. To situations where no bids have been received following bid announcements under other provisions of this chapter; 4. When the amount involved is less than two hundred dollars ($200); 5. When an emergency requires that an order be placed with the nearest source of supply; 6. When a purchase involves goods of a technical nature, where it would be diffi- cult for a vendor to bid on a standard set of . 2.36.040 specifications, the Purchasing Agent shall undertake a thorough review of known products and a comparison of features which would most closely meet the city's needs at the least cost; 7. For janitorial services for city build- ings and facilities; 8. For maintenance and repair of build- ings and facilities; 9. For maintenance and repair of public streets, including street sweeping. B. When the procurement falls into any of the categories listed above, the Purchas- ing Agent may authorize contracts made by negotiation; provided, that the amount does not exceed five thousand dollars ($5,000). When the amount exceeds five thousand dollars ($5,000), the action must be autho- rized by the City Council. C. Any request for an exception under this section shall include the nature of the contract, amount of the contract, and the reasons why competitive bidding is not feasible. (Ord. 5~91 ~ I: Ord. 16-83 ~ 5) 2.36.060 Purchases of less than five thousand dollars ($5,000)-Procedure. Where the amount or value involved is more than two hundred dollars ($200), but less than five thousand dollars ($5,000), the purchase or disposal may be made by tJ:e Purchasing Agent, without written bid, and by infonnal price checking through tele- phone or mail inquiry, comparison of prices on file or otherwise. Every attempt shall be made to receive at least three (3) price quotations. At the discretion of the Purchas- ing Agent, the acquisition of goods and services where the value is at least two hundred dollars ($200) but less than five thousand dollars ($5,000), the fonnal com- 37 (Dublin 8-92) . . Tri-Valley Janitorial Service ,June 9, 1993 City Of Dublin Ginger Russell P.O. Box 2340 Dublin, Ca. 94568 Dear Ginger, This letter is to outline the intent of what Tri-Valley Janitorial Service will be doing to maintain the City Facilities. First of all, I have given you a calendar for the year outlining the tasks we will be performing according to the specifications. These tasks include floor work, air ducts, blinds, etc. Our supervisor along with the janitors, will receive a copy ~f this to insure the work is being completed according to schedule. With regards to the Civic Center, our crew will start at 5:45 in the police station and then continue through the rest of the facilit,y. As we have discussed, the janitors we have are very qualified. One of them that will be in the police E)tation is a reserve police officer and a experienced janitor. The other people have been employed with Tri-Valley Janitorial Service for three years and do a great job for us. Our supervisor, Estela, has been employed by Tri-Valley Janitorial for nine years. She cares v8ry much and is extremely qualified. As for the Shannon Center and the Senior Center we will have three janitors on site. They understand and have a good attitude about the time we are scheduled to work. As for myself, I would personally walk through all three locations once a week. tvhen I do this, I ~m checking the building myself and also checking with the appropriate person to insure there are no problems. As a company, it is important to us that our buildings look good. We work together as a team and train our people in the importance of communication. tole would be proud to include The City of Dublin as one of our customers. ~. ~' S;U'Ger: ' //:1 nerJ.. Kur Owner/Tri-Valley Janitorial Service 2428 Armstrong Street, Livermore, California 94550 S~ -- '-.-___' " " _~ g _., L&TI~" ~ -"'.VAI.AA'( (510) -H3.1653