CC - Item 3D - Approval of Specifications and Authorization to Solicit Janitorial Services for City-owend FacilitiesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CII/T~Y~ COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JULY 28. 2009
SUBJECT: APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SOLICIT
PROPOSALS FOR JANITORIAL SERVICES FOR CITY-OWNED
BUILDINGS, FACILITIES AND PARKS
SUMMARY
The City of Rosemead currently uses outside contractual services to perform regular
janitorial services at its facilities, buildings and parks. Services performed by contract
include regular janitorial and maintenance services, carpet cleaning, dust removal,
restroom cleaning and solid waste collection within City facilities. These services are
critical to ensure that City-owned buildings and facilities are kept clean and maintained
at the highest level. Currently, the City contracts with United Maintenance Systems
company on a month-to-month basis. If approved, this proposal would enable the City
to enter into a fixed cost maintenance contract for a period of three (3) years with an
option to extend the contract for two (2) additional years.
Staff Recommendation
Staff recommends that the City Council approve the attached specifications for janitorial
and maintenance services and authorize staff to solicit proposals from the attached list
of qualified janitorial maintenance firms.
DISCUSSION
The City of Rosemead currently owns nine (9) public buildings, facilities and parks that
need regular janitorial services. Some of these facilities are used heavily by both the
public and City staff. The locations of these facilities fall into several categories,
including:
• Community centers (Garvey Community Center, Rosemead Community Center)
• City facilities (City Hall, Public Safety Center)
• Sports field park sites (Sports Complex, Garvey Park)
• Park sites (Rosemead Park, Zapopan Park)
ITEM NO. ?
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
July 28, 2009
Page 2 of 2
Project Description
The current janitorial maintenance services contract expired on December 31, 2008.
Staff has arranged for a continuation of the contract services with United Maintenance
Systems Company on a month-to-month basis. The scope of work in the proposed
contract includes janitorial maintenance services at City-owned buildings, facilities and
parks, a list of which is included as part of the Request For Proposal (RFP) herein
attached.
To ensure that a high standard of service is maintained, specifications for janitorial
services and schedules are detailed in the proposed agreement. The agreement also
contains a provision requiring minimum staffing levels and allows the City to alter the
frequency of maintenance when necessary. Service levels will be monitored by City
staff who will also review the contractor's performance and janitorial maintenance
activities.
The term of the contract is for three years and, due to the substantial commitment of
personnel and equipment required by the contract, there are two optional one-year
extensions. An annual CPI increase is included after the 3`d year of service, subject to a
maximum increase of 2.5%. Experience has proven that a multi-year contract is the
most cost-effective means to have maintenance work performed for both the City and
the contractor.
Bid Process and Analysis
Upon City Council approval, the RFP will be mailed to a list of known qualified janitorial
service providers. Tentatively, proposals will be due to the City by, Monday, August 24,
2009 and staff will present a recommendation to the City Council on September 8,
2009. The timeline for soliciting proposals is included in the attached RFP (see RFP,
Page 3). If approved, the new contract would begin October 1, 2009.
Pre ared by:
Farid Hentabli
Senior Management Analyst
Submitted by:
Chns rcarello
Deputy Public Works Director
Attachments:
(1) Request for Proposal - Janitorial Maintenance Services for City Buildings, Facilities and Parks
(2) Contractor's List
(3) Draft Maintenance Services Agreement
CITY OF ROSEMEAD
REQUEST FOR PROPOSAL
RFP No. 2009-0
Janitorial Services
For Various City Facilities
July 2009
Submittal Deadline: 2009
Request For Proposal - Janitorial
Page 2
1. INTRODUCTION
The City of Rosemead is seeking Proposals from qualified contractors for janitorial
services at various City facilities and parks.
Specifically, the City of Rosemead is interested in receiving proposals for janitorial
services for the City Hall and other public facilities/ parks. A complete list of the
maintenance facilities with respective locations, characteristics and areas is included in
Attachment A.
2. PROPOSAL SUBMITAL DATE AND REVIEW
Contractors must submit seven (7) complete copies of their proposals before August
24, 2009, at 10:30 AM. All proposals must be delivered to the office of the City Clerk,
City of Rosemead, or mail to:
City of Rosemead
Attn: City Clerk
8838 East Valley Boulevard
Rosemead, CA 91770 .
The received proposals will become part of the official files of the City of Rosemead and
will not be returned. Late proposals will not be accepted. The Request For Proposal
(RFP) package needs to be sealed and labeled as follows:
Proposal) For Janitoi-ial Services = CONFIDENTIAL
All proposals will be reviewed to determine conformance with the RFP requirements.
Any proposal deemed incomplete, conditional, or non-responsive to the requirements of
the RFP may be rejected. The City reserves the right to reject any and all proposals.
After a careful review of each submitted proposal, the City will conduct a thorough
evaluation, as detailed in Section 6D of this RFP. The evaluation will lead to the
selection of a contractor and an award of a maintenance contract.
3. CITY POINT OF CONTACT
The sole source of contact regarding this RFP is Chris Marcarello, Deputy Director of
Public Works Business Unit, (626) 569-2118. Contractors interested in submitting a
proposal are asked not to contact other staff members of the City of Rosemead n
connection with this RFP prior to the announcement of the selected contractor.
4. SCHEDULE
The following are key dates for this janitorial service maintenance RFP:
Mailing of RFP: July 30, 2009
Mandatory Pre-Bid Meeting: August 17, 2009 at 8:00 AM
Public Services Facility (Garvey Park)
7933 Emerson Place
Rosemead, CA 91770
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Proposals Due to the City:
Award of Contract by City Council:
August 24, 2009 before 10:30 AM
September 8, 2009
5. BACKGROUND
The City of Rosemead currently provides janitorial services to its municipal facilities and
parks through a contractor. A complete list of the facility locations is included in
Attachment A. The intent of this proposal is to provide regular and annual janitorial
contractual services for these facilities.
6. GENERAL CONDITIONS
A. Authority to Withdraw RFP and/or Not Award Contract
The City Rosemead reserves the right to withdraw this RFP at any time without prior
notice. Furthermore, the City makes no representations that a contract will be awarded
to any contractor responding to the RFP. The City expressly reserves the right to
postpone the opening of proposals at its own convenience and to reject any and/or all
proposals responding to this RFP without indicating any reasons for such rejection.
B. Pricing Approach
The City of Rosemead intends to award a fixed annual contract price for the first three-
year term of this contract, with an option to renew annually for up to two (2) more years,
based on performance. A maintenance unit price list should be included as part of the
proposal (See Attachment B). The primary purpose of this list is to provide for guidance
for any additional work or establish clear payment deductions for contract services not
rendered during the course of the contract.
Subsequent to the initial three-year contract term, and if the option for renewal is
exercised at the third and fourth anniversary of the contract effective date, the contract
amount shall be adjusted in proportion to the change of the Consumer Price Index for
the Los Angeles Basin at the time, subject to a 2.5% maximum increase per year.
C. Insurance and Performance Bond
The selected contractor shall provide to the City the necessary insurances,
endorsements and the performance bond in the amount of contract, as specified in the
enclosed Draft Contract.
D. Proposal Evaluation Criteria
Proposals will be evaluated on the basis of the response to all provisions of this RFP.
The City of Rosemead may use some or all of the following criteria in its evaluation and
comparison of the proposals submitted. The criteria listed below are not necessarily an
all-inclusive list. The order in which they appear is not intended to indicate their relative
importance:
1) The contractor's demonstrated awareness of safety in all operations
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Request For Proposal - Janitorial
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2) .
A demonstrated understanding of the scope of work and other proposal
janitorial services
3)
A logical, proven methodology for carrying out the work tasks described in
the proposal
4)
The contractor's recent experience in conducting contracts of similar
scope, complexity, and magnitude, particularly for government agencies
5)
The quality and quantity of personnel to be assigned to the contract,
including its recent janitorial maintenance experience
6)
The quality and quantity of equipment to be assigned to the contract,
wherever applicable
7)
A listing of the organizational structure of the proposed contract team
8)
The financial stability of the contractor
9)
Recent references from clients, with particular emphasis on local
governments
10)
The proposed contract schedule
11) The proposed contract costs
E. Janitorial Service License
No proposal will be accepted from, or contract awarded to, a contractor who is not
licensed in accordance with the law, who does not hold a license qualifying him/her to
perform work under this contract, who has not successfully performed on projects of
similar character and scope. The contractor may be required, before the award of any
contract, to show, to the complete satisfaction of the City, that it has the necessary
facilities, ability, experience, and financial resources to provide the services specified
herein in a satisfactory manner.
In addition, the selected contractor must obtain and maintain a valid business license
with the City of Rosemead prior to commencement of work and during the entire time
that work is being performed under the contract.
F. Energy Conservation:
Contractor shall instruct all of its employees performing work within a City facility to
utilize methods which will maximize energy conservation. This shall include the turning
on of light fixtures ONLY IN THE AREAS where work is in progress, and turning off all
lights when work is completed.
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7. PROPOSAL FORMAT AND CONTENT
Proposals should be typed as briefly as possible. They should not include any
elaborate or unnecessary promotional material. The following order and content of
proposal sections should be adhered to by each contractor:
A. Cover Letter
A cover letter should summarize key elements of the proposals. The letter must be
signed by an individual authorized to bind the contractor. The letter must stipulate that
the proposed price shall be valid for a period of a minimum of three (3) years. Indicate
the address and telephone number of the contractor's office located nearest to
Rosemead, California, and the office from which the contract will be managed.
B. Background and Approach
The Background and Approach Section should describe your understanding of the City
and the work to be done.
C. Work Plan
Describe the sequential work tasks you plan to carry out in accomplishing this contract.
Indicate all key deliverables, if any, and their contents.
D. Methodology
This section should clearly describe the methodology you plan to use to carry out the
specific work tasks described in the Work Plan.
E. Contract Organization and Staffing
Describe your approach and methods for managing the contract. Provide an
organizational chart showing all proposed contract team members. Describe the
responsibilities of each person on the contract team. Identify the Contract Manager and
the person(s) who will be the key contact (s) with the City of Rosemead. Indicate how
many hours each team member will devote to the contract by task, along with a
statement indicating the availability of the members of the contract team for the duration
of the contract. Please include resumes for key members of the contract team with
particular emphasis on their experience and professional affiliation.
F. Related Experience
Describe recent, directly related, public agency experience. Include on each listing the
name of the agency; description of the work done; primary agency contact, address and
telephone number; dates for the contract; name of the contract director and/or manager
and members of the proposed contract team who worked on the contract, as well as
their respective responsibilities. At least three references should be included. For each
reference, indicate the reference name, organization affiliation, title, complete mailing
address, and telephone number. The City of Rosemead reserves the right to reference
check any and/or all of the organizations or individuals listed.
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G. Contract Schedule
Provide a schedule for completing each task in the work program, based upon the
Maintenance Frequency Summary (Attachment C).
H. Cost Data
Indicate the total annual cost for each of the listed facility/ park (See Attachment A) for
which you will provide janitorial maintenance services, based upon the information
provided and your site observations.
1. Statement of Compliance/ Suggested Changes
Contractors must submit a Statement of Compliance to the RFP and to the Draft
Contract terms and conditions, and if any, a listing of exceptions and suggested
changes. A description of any cost implication for suggested changes must also be
included. The Statement of Compliance must declare either:
1) This proposal is in strict compliance with the RFP, Draft Contract and no
exceptions to either are proposed; or
2) This proposal is in strict compliance with the Request for Proposal and
Draft Contract except for the items listed.
For each exception or suggested change, the contractor must include:
Reasons for submitting the proposed exception or change.
Any impact the change or exception may have on contract costs,
scheduling or other considerations.
8. PRE-PROPOSAL MEETING
All parties submitting proposals are instructed to attend a mandatory pre-bid meeting.
The meeting is scheduled for August 17, 2009 at 8:00 a.m. at the Public Services
Facility, 7933 Emerson Place, Rosemead, California 91770. Present at this meeting
will be representatives of the City of Rosemead Public Works Department.
The purpose of this meeting is to familiarize contractors with the scope of work and to
answer any questions which may arise prior to submitting proposals. A tour of the
maintenance locations listed in Attachment A will be conducted. Attendance at this
meeting is MANDATORY for those wishing to submit proposals. Failure to attend the
pre-bid meeting shall result in the disqualification from the RFP process.
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SCOPE OF WORK
1. DESCRIPTION OF PROJECT
Furnish all labor, equipment, materials, and supervision to perform janitorial services at
City-owned public facilities, parks and public restrooms. The maintenance, as
described herein, shall include but not limited to the following:
A. Complete janitorial services and general building maintenance at City facilities.
B. Solid waste collection/ removal
C. Floor cleaning for carpet and hard surface flooring
D. Restroom cleaning
E. Refilling all dispensers, including soap, toilet paper, paper towel and seat cover
dispensers.
F. Dust removal and fixture cleaning
G. Glass/ mirror cleaning
H. Any other janitorial-related services
2. SCHEDULE/ WORKING HOURS
A. Working hours shall vary by location. However, for office building/ recreation
facility, cleaning shall not start earlier than thirty (30) minutes after the end of
normal business hours as related to each facility. Normal business hours for
office buildings shall be between the hours of 7:00 a.m. and 6:00 p.m., Monday
through Thursday. No Saturday or Sunday janitorial work is to be scheduled
without permission from the City, unless it is an emergency situation. For
community and recreation centers, the hours of operation may be up to midnight
and during weekends. For these facilities, janitorial services shall therefore be
provided after closing time and during weekends. These times are provided for
information only and may be subject to change.
B. The Contractor shall provide to the City a monthly schedule showing the
estimated work schedule, date to be accomplished and task to be performed, per
contract requirements.
C. In the event an evening meeting is being conducted in a facility, the Contractor
shall be responsible for proper cleaning of the used area, provided the meeting
ends by midnight. All cleaning shall be completed before the start of next normal
business day.
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D. The Contractor shall maintain a schedule for floor cleaning, waxing, carpet.
cleaning and any other cleaning operation for any City facility, and provide to the
City with a monthly completed work on the first workday of every month.
E. No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City before
the work is commenced. The Contractor will be required to provide before and
after photographs of safety items or emergency repairs which were made without
prior City approval.
F. The Contractor shall maintain a schedule for quarterly interior and exterior
window washing and provide to the City a copy of the scheduled work a
minimum of 2 weeks in advance, and a copy of the quarterly completed work on
the first workday following completion of work.
3. PERFORMANCE STANDARDS
A. It is the objective of the City to obtain full cleaning performance in accordance
with the terms of this RFP/ ensuing contract and at the highest quality standards
of work. Therefore, deductions (liquidated damages) for tasks not completed or
not satisfactorily completed shall be made in accordance with the schedule
detailed herein.
B. City staff shall contact the Contractor by telephone, fax, or email to notify them of
performance issues. City staff shall also notify the Contractor of written
complaint(s) received from building occupants. During the normal business
hours of each facility, the Contractor shall be required to respond to any major
problem(s) within two (2) hours.
C. City staff will maintain a file of incoming complaints whether they are in writing,
oral or by telephone. This file shall contain the date, time, building, name of the
person making the complaint, phone number and time the Contractor was
notified, or a copy of the notification letter and fax record.
D. Major problems require immediate attention, and shall be responded to and
corrected within two (2) hours. Examples of major problems include, but are NOT
limited to: toilets not cleaned, not stocking sufficient paper products in large
areas, offices not cleaned, trash not removed, etc. The City's designee shall
have authority to classify a complaint as major or minor.
E. Minor problems require correction during the next normal cleanup day. However,
persistent and a continuing record of minor complaints shall result in a
deduction, or liquidated damages. Examples of minor problems include, but are
not limited to: a trash can not emptied, a small area not vacuumed, toilet paper in
one stall out, etc. Failure by the Contractor to respond to specific complaints as
stated above, as well as preventing continuing occurrences of such complaints,
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Request For Proposal - Janitorial
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may result in deductions of invoiced payments or termination of this contract
agreement.
F. Failure to clean an entire building or site shall result in a separate deduction for
nonperformance. After three (3) occurrences of nonperformance within a 12-
month period, the City, at its discretion, may begin default proceedings.
G. Contractor billing shall be done on a timely basis. The successful bidder shall
submit monthly invoices for work completed in the previous month.
Liquidated Damages - Failure of the Contractor to respond to reported problems within
the time limits established above shall result in the following deductions from invoiced
payments:
a) Major problems not responded to within the established time limits will result in a
deduction of 10% of the monthly cost of cleaning the entire building;
b) Minor problems not responded to within the established time limits will result in a
deduction of one (1) day's cost of cleaning for the entire building experiencing the
problem;
c) Nonperformance deductions shall be equal to 100% of the monthly charge for the
missed facility;
d) Continued reporting of major and minor compliance failures of 5 or more for any
month will result in a 10% deduction of the total monthly contract cost.
e) Inspection reports (completed by City staff) for a one-month period will be reviewed
at the first meeting of the following month. Should these inspection reports indicate
an overall unsatisfactorily rating for the prior month; the City may impose a 10%
deduction of the total monthly contract cost on the next payment.
4. TERM OF CONTRACT
The term of the contract shall be for a period of three (3) years, with an option for
renewal for two (2) one-year extensions, on an annual basis, based on the contractor
performance. The City reserves the right to unilaterally terminate the contract at any
time upon thirty (30) days written notice to the contractor.
After the initial three (3) year contract, the City has the option to renew the contract for
two (2) one-year extensions, in one (1) year increment. If the City chooses to extent the
contract, a formal letter will be sent to the contractor advising contractor of the one (1)
year extension. This process will be used for each of the optional two (2) years. In
determining whether the Contract should be extended, the City will evaluate the
performance of the contractor and determine whether the contractor's performance is
satisfactory.
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New additional buildings/ facilities, as developed or assumed by the City, may be added
to the maintenance contract. Such additional scope of work will be considered change
orders to the initial contract, and the value will be based on unit prices provided in
Attachment C, if applicable, and/or negotiated between the two parties of the contract.
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LIST OF ATTACHMENTS
Attachment A Maintenance Facilities/ Parks/ Buildings and Locations
Attachment B Bid.Unit Prices
Attachment C Maintenance Frequency Schedule
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ATTACHMENT A
Maintenance Facilities/ Parks/ Buildings
Building/ Facility/ Park
Address
I
Approx. Sq.
Footage
Annual
Cost
1
City Hall (daily - 4 times/ week)
8838 E. Valley Blvd.
17,450
- Including council chambers, lobby,
stairway, 5 men's restrooms and 4
women's restrooms, etc.
2
Rosemead Recreation & Community
3936 N. Muscatel Ave.
18,000
Center (daily - 7 times/ week) -
including 3 men's restrooms, 3
women's restrooms, etc.
3
Garvey Community Center (daily - 7
9108 Garvey Ave.
20,000
times/ week) - Including 3 men's
restrooms, 3 women's restrooms, etc.
4
Garvey Park (daily - 7 times/ week)
7900 Block of Emerson
16,000
- Including Public Services Center of
PI.
approx. 3,500 sg. ft., gym of approx.
5,700 sq.ft., 6 men's restrooms, 5
women's restrooms, etc.
5
Rosemead Park (daily - 7 times/
4343 Encinita Ave.
5,500
week) - Including 6 men's restrooms,
5 women's restrooms 1 men's
shower, 2 women's showers, 1 men's
locker room, 1 women's locker room,
etc.
6
Public Safety Center (daily - 5 times/
8301 Garvey Ave
5,200
week) - Including 2 men's
restrooms, 2 women's restrooms
7
Jess Gonzales Sports Complex/
8471 Klingerman Ave.
350
Park (daily - 7 times/ week) -
Including 1 men's restrooms, 1
women's restrooms
8
Sally Tanner Park (daily - 7 times/
8343 E. Mission Drive
400
week) - Including 1 men's
restrooms, 1 women's restrooms
9
Zapopan Park (daily - 7 times/
3018 N. Charlotte Ave.
200
week) - Including 1 men's
restrooms, 1 women's restrooms
TOTALS:
83,100
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ATTACHMENT B
BID UNIT PRICES
The contractor agrees that for requested and/or required changes in the scope of work,
including additions and deletions on work not performed, the contract sum shall be
adjusted in accordance with the following unit prices.
II. Contractor is advised that the submitted unit prices will be used as one of the determining
factors in the contract award. Unreasonable prices may result in rejection of the entire bid
proposal. Unit prices listed below refer to all services provided, including but not limited to,
materials, labor, overhead, and profit for the contractor.
III. The unit price quoted by the contractor shall be those unit prices that will be charged or
credited for labor and materials to be provided regardless of the total number units and/or
amount of labor required for added or deleted items of work.
IV. All work shall be performed in accordance with specifications or otherwise herein specified.
Workmanship shall be in accord with the best standard practices.
FUNCTION COST/UNIT
1. General janitorial services at City office/ recreation facilities 100 sq.ft.
2. Floor cleaning for carpet
3.. Floor cleaning for hardwood
4. Window/ glass cleaning
5. Dust removal and fixture cleaning
100 sq.ft.
100 sq.ft.
100 sq.ft.
100 sq.ft.
6. Restroom cleaning (i.e. 1 toilet bowl, 1 urinal and 1 sink -
Including refilling all dispensers, soap, toilet paper and
paper towels)
7. Other janitorial-related services
100 sq.ft.
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ATTACHMENT C
Maintenance Frequency Schedule
II FUNCTION II FREQUENCY
Office Buildings
Community Centers
Park Facilities
4 times/ week, except Public Safety bldg. (5x/ week)
7 times/ week
7 times/ week
14
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CONTRACT SERVICE AGREEMENT FOR
JANITORIAL SERVICES
THIS AGREEMENT, entered into this day of 20
("Commencement Date") by and between the City of Rosemead, a Municipal Corporation ("City"),
and ("Contractor"), and is made with reference to the following:
A. City is a municipal corporation duly,-o`rganizedkaand validly existing under the laws of
v\ -N IN
the State of California with the power. to carry-on its business as it is now being
conducted under the statutes of the State ofCahfomia.
B. City desires to engage the Contractor to provide_janitorial maintenance services to the
City.
C. Contractor possesses the skills, experience, ability, background, certification and
knowledge~t prov_ide,the services described in this Agreement.
D. City has solicited and' received a proposal from Contractor, has reviewed the previous
\ ~ i
experience and eyaluated'the.expertise of Contractor, and desires to retain Contractor
to render janit naltmaintenance rvices under the terms and conditions set forth in
this Agreement..
E. Contractor acknowledges'that City has relied upon Contractor's representations and
Contractor commits to faithfully perform the services required by this Agreement and
in accordance with the terms and conditions of this Agreement.
F. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications relative to the type, nature and frequency of work to be
performed, is familiar with all conditions relevant to the performance of services, and
has committed to perform all required work for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
Janitorial Maintenance Agreement
Page 2
1. AGREEEMENT TERMS AND CONDITIONS
Unless earlier terminated in accordance with Section 16 of this Agreement, the Term of this
Agreement shall be for a period of three (3) years, with option for renewal for two (2) one-
year periods, on an annual basis, based on the Contractor performance. The term shall
commence within ten (10) working days of City Council approval, upon receipt and approval
of all required bonds and insurance and final execution of the Agreement by both parties.
After the initial three (3) year Agreement, the City has the option to renew the Agreement for
two (2) one-year extensions, in one (1) year increment. If the City chooses to extent the
Agreement, a formal letter will be forwarded to the Contractor=advising Contractor of the one
(1) year extension. This process will be used for each/o the optional two (2) years. In
determining whether the Agreement should be extended o terminated, the City will evaluate
the performance of the Contractor and determine whetherxfie Contractors performance is
satisfactory. In addition, the City reserves the right toyunilaterally terminate the Agreement
at any time upon thirty (30) days written notice to the Contractor. In case of a dispute in the
meaning of any clause within this Agreement, the City shall have the'al' authority in the
interpretation of such clause, as long as it is reasonable.
New additional janitorial maintenance needs, as developed or assumed by the City, may be
added to the maintenance Agreement.,,Such additional scope of work will be considered
change orders to the initial Agreemen and'the value will be based on unit prices provided in
ri\
Exhibit D, if applicable, and/or negotated between theme two parties of the Agreement.
2. SCOPE OF SERVICES
A. In compliance with all terms and conditions of this Agreement, Contractor shall
perform the janitorial and maintena celservices specifically described in, and in strict
compliance with the requirements of Exhibit A (Scope of Work), which services may
beJefe1rred to herein as the "services" or "work'. The locations and addresses of the
City buildings facilities and parks are listed in Exhibit B. The services shall be
performed aQ ast as frequently as specified in Exhibit C (Maintenance Frequency
:Schedule). T19e~City shall have the right to alter the frequency of maintenance as
'ne essary to ensure highest industry standards of maintenance, as long as the total
hours required performing the work remains the same. Maintenance of areas can be
substituted at~the request of City as long as the total hours required performing the
work rem s the same. Maintenance unit prices and costs are contained in Exhibit D
( Bid Uni Prices). Exhibit E is a copy of the Contractor's proposal and Request For
Proposal and is hereby included as part of this Agreement. All of the Exhibits are
considered to be a part of, and incorporated into, this Agreement by reference.
B. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services
and Contractor is experienced in performing the work and services contemplated
herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services
required hereunder and that all materials will be of good quality, fit for the purpose
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Janitorial Maintenance Agreement
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intended. For the purpose of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
3. WORKMANSHIP. SUPERVISION. EOUIPMENT AND MATERIAL
A. The Contractor shall provide a workforce sufficient to perform the contract services.
The Contractor shall comply with all state and federal laws and regulations.
Contractor shall make any records related thereto available to the City within ten (10)
days of receiving a written request for said records by the City.
B. All contract services shall be performed by competent and experienced employees.
Contractor shall be responsible for compliance with all local, state, and federal laws
and regulations. Contractor shall employ or retain, at its sole cost and expense, all
professional and technical personnel necessary ato properly perform contract services.
C. The workforce shall include thoroughly skilled, experienced and competent
supervisor(s) who shall be responsiblyfor adherence to the specifications. All
supervisory personnel must be able to communicate effectively in English (both orally .
N.
and in writing). Any order given to supervtsoryypersonnel shall be deemed delivered
to the Contractor. The supervisor(s) assigned mustdentified by name(s) to ensure
coordination and continuity.
D. Persons employed by the Contractor who are found not to be satisfactory by the City
shall be discharged r reassigned by the Contractor on fifteen (15) days notice from
the Citv/~( 'NA
E. Contractor sha111provide`,an..0,prrations Manager to coordinate work with the City
Administrator nd:ensur atisfac ory performance of contract services.
.N
4. LICENSES, FEES, PERMITS'AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor's performance of the services required by this Agreement.
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations
under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of $ per year ("Contract Amount") to
perform all the work and services contemplated by and described in Exhibits A through D,
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Janitorial Maintenance Agreement
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and the submitted Contractor's proposal and RFP (Exhibit E). Contractor shall submit
invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after
approval by the City. Payment shall be deemed made when deposited in the United States
mail, first class postage pre-paid, and addressed to Contractor.
Upon the third anniversary of the execution of the Agreement, after the initial three (3) year
Agreement, the City has the option to renew the Agreement for two (2) one-year extensions,
in one (1) year increment. If the City chooses to extent the Agreement, a formal letter will be
sent to the Contractor advising Contractor of the one (1) year extension. This process will be
used for each of the optional two (2) years. In determining whether the Agreement should be
extended or terminated, the City will evaluate the performance of the Contractor and
determine whether the Contractor's performance is satisfactory.
Subsequent to the initial three-year contract,
third and fourth anniversary effective date o1
adjusted in proportion to the change in the
Los Angeles, Riverside, Anaheim, at the tim(
'if the option for renewal is exercised at the
Agreement, the Agreement amount shall be
sumer Price Index - All Urban Customers,
>ject to a;2.5% maximum increase per year.
7. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an tnddeependent Contractor basis and
Contractor is not an agent or employee of the City. The anner and means of conducting the
work are under the control of Contractor, except to the extent they are limited by statute, rule
or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute,approval for Contractor or any of Contractor's employees or agents, to
be the agents of employe s=of City. Contractor shall have the responsibility for and control
over the means fxperform//rng the work, provided that Contractor is in compliance with the
terms of this Agreemene,,
8. PROPERTY AND EQUIPMENT DAMAGE
A. Contractor shall advi'se~the City of any damage to City equipment or property
immediately upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to City equipment or
property caused by Contractor or its agents, employees, representatives or officers.
9. FAMILIARITY WITH WORK
A. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly
investigated and considered the scope of services to be performed, (b) has carefully
considered how the services should be performed, and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Contractor warrants that Contractor has investigated the site and is fully
acquainted with the conditions existing, prior to commencement of services
hereunder. Should the Contractor discover any latent or unknown conditions, which
will materially affect the performance of the services hereunder, Contractor shall
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Janitorial Maintenance Agreement
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immediately inform the City of such fact and shall not proceed except at Contractor's
risk until written instructions are received from the City.
B. City and Contractor agree that City has made no representation regarding the order or
condition of any area or location for which Contractor is to provide services at the
commencement of, or at any time during the term of this Agreement.
10. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless
City, its City Council, commissions, officers, agents and employees from and against any and
all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses of any ind~and nature whatsoever which may
arise from or in any manner related to any work perffb ed`or-services provided under this
Agreement.
11. INSURANCE AND PERFORMANCE BOND N1- 1--41
NIZ
Prior to the commencement of work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, a policy or policies of liability insurance of the
type and amounts described belo-%v.and in a form satisfactory to City.
A. Certificates of Insurance\C tractor shall provide certificates of insurance with
original endorsements to Citykas evidence of the insurance coverage required herein.
Insurance certificates must be\`approved,by City-prior to commencement of services.
Current certification of insurance,sh 71
all be kept,on file with City at all times during the
term of this Agreement.
B. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in'fl e State of California and approved by the City.
?i. Workers't Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California; however, in
no evenVshall the Employer's Liability Insurance be less than one million
dolla s~($I,000,000) per occurrence. Any notice of cancellation or non-
renewal of all Workers' Compensation policies must be received by City at
least thirty (30) calendar days to such change.
ii. General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000)
per occurrence for bodily injury, personal injury, and property damage,
including without limitation, contractual liability.
iii. Endorsements. Each general liability insurance policy shall be endorsed with
the following specific language:
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The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured with respect to
liability arising out of work performed by or on behalf of the
Contractor.
This policy shall be considered primary insurance as respects to the
City, its elected, or appointed officers, officials, employees, agents and
volunteers as respects to all claims, losses, or liability arising directly
or indirectly from the Contractor's operations or services provided to
the City. Any insurance maintained by City, including any self-insured
retention City may have, shall be considered excess insurance only and
not contributory with the insurance provided hereunder.
D.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees, agents and volunteers.
V. The insurance provided by/
canceled, or reduced in coyer"a
(30) calendar days of a written
policy shall not be suspended, voided,
in limits, by either party except after thirty
e received by City.
vi. Additional Insurance. Contractor s
cost and expense, any additional
judgment may be necessary for its
work.
D procure and maintain, at its own
of insurance, which in its own
protection and prosecution of the
Concurrentl"-withexecution of this Agreement, Contractor shall deliver to the City a
performance bondVin'the sum of the amount of this Agreement, which secures the
faithful p rfomance of this Agreement. The bond shall contain the original notarized
signature of an-authorized officer_of the surety, and affixed thereto shall be a certified
o
and current copy of his power~of attorney. The bond shall be unconditional and
remain in force duii Nhe entire term of the Agreement and shall be null and void
only if the Contractor Npromptly and faithfully performs all terms and conditions of
this Agreement.
12. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
Contractor may not assign any right or obligation of this Agreement or any interest in this
Agreement without the prior written consent of City. Any attempted or purported assignment
without consent of City shall be null and void. Contractor acknowledges that these
provisions relative to assignment are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the performance of contract
services and any assignment of this Agreement to a third party, in whole or in part, could
jeopardize the satisfactory performance of contract services. Contractor may not employ any
subcontractors unless specifically authorized by City.
13. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional janitorial maintenance services as requested by
the City or its representative. City shall provide Contractor with written authorization
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Janitorial Maintenance Agreement
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prior to the performance of any additional services that exceed $500. Contractor shall
be compensated for additional services in accordance with the unit prices specified in
Exhibits D.
B. City reserves the right to withdraw certain facilities, buildings and or parks from the
Scope of Work to be performed by Contractor pursuant to this Agreement. City shall
notify Contractor in writing of its intent to do so at least thirty (30) days prior to the
effective date of withdrawal of any location. In the event a location is withdrawn
from the scope of services, compensation to Contractor shall be reduced in
accordance with provided costs in Exhibits A through E. In the event the location is
withdrawn for a period of less than a full one (1) year term, Contractor's
compensation shall be reduced on a prorated basis.
14. LABOR
A. Contractor shall conform to all
including, applicable provisions c
Standards Act.
15.
16.
provisions of State and Federal law
Labor Code and the Federal Fair Labor
B. Whenever Contractor has knowledge that`N' actual or potential labor dispute is
delaying or threatens to delay the timely performance of this Agreement, Contractor
shall immediately give notice to City, including allrete ant information.
City reserves the rigfivtokemploy other contractors in connection with this project.
A. In the event Gontraetorfdils•or_refuses to timely perform any of the provisions of this
Ag' e ent in the manner required or if Contractor violates any provisions of this
Agre metu Contractor,shall be deemed in default. If such default is not cured within
9
a period of two o (2) work*ing days, or if more than two (2) working days are reasonably
required to cure the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written notice of
default from City, City may terminate the Agreement forthwith by giving written
N. 1 noti e. City may, in addition to the other remedies provided in this or authorized by
law, t nni.hte this agreement by giving written notice of termination.
B. This agreement may be terminated without cause by City upon thirty (30) days written
notice. Upon termination, City shall pay to Contractor that portion of compensation
specified in the Agreement that is earned and unpaid prior to the effective date of
termination. The Contractor may only terminate the Agreement in the event of
nonpayment by the City. In the event of nonpayment by the City, Contractor shall
give the City thirty (30) days written notice thereof and the City shall have fifteen (15)
working days to cure the alleged breach.
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Janitorial Maintenance Agreement
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C. In addition to, or in lieu of, remedies provided, in this Agreement or pursuant to law,
City shall have the right to withhold all or a portion of Contractor's compensation for
contract services if, in the judgment of the City, the level of maintenance falls below
appropriate janitorial maintenance standards and/or Contractor fails to satisfactorily
perform contract services. City shall have the right to retain funds withheld until the
City determines that contract services are performed as well and as frequently as
required by this Agreement.
17. COST OF LITIGATION
If any legal action is necessary to enforce any provision of thi Agreement or for damages by
reason for an alleged breach of any provisions of this Agreement, the parties agree that
A -40
attorneys' fees shall not be recoverable by the prevailing party
18. COMPLIANCE WITH THE LAW N N,
IN
All services rendered hereunder by Contractor shall be providedVin,accordance with all
ordinances, resolutions, statutes, rules, and regulations of the City, Sate Federal or local
governmental agency having jurisdiction in effect at the time the services are rendered.
The Contractor shall have in his/he
issued by the State Division of Indi
applicable laws, ordinances and regu
protective devices and take any other
employees on the job, safety of C
performance of the work required by
possession and be familiar with all safety regulations
trial Safety and shall comply with these and all other
rhons The Contractor shall provide all safeguards and
fiction necessary to protect the health and safety of their
.yjNem to ee an the public in connection with the
7 yP y
19. INTEGRATED CONTRACT YAV
This Agreement represents the full and complete understanding of every kind or nature
whatsoev ber etween the parties and all preliminary negotiations and agreements of
whatsoever kk nd nature are merged in this Agreement. No verbal agreement or implied
co errant shall be heldto vary the provisions hereon. In case of a dispute in the meaning of
any 6Y use within this Agreement, the City shall have the final authority in the interpretation
of such cl use, as longtasit is reasonable.
20. AMENDMENTS/ CHANGE ORDERS
This Agreement V. y be modified or amended only by a written document, an amendment or
a change order, executed by both the City and the Contractor.
21. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
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22. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it
and action brought relating to this Agreement shall be adjudicated in a California court of
law.
23. REQUEST FOR PROPOSAL (RFP)
The Contractor's Proposal, and Request For Proposal and Specifications for this Agreement
is hereby attached as Exhibit E and is made part of this Agreement document.
24. LIST OF EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Scope of Work
Maintenance Facilities/Parks/ Buildings
Maintenance Frequency Schedule
Bid Unit Prices
Contractor's Proposal and Request For Proposal (RFP)
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Janitorial Maintenance Agreement
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first written above.
CITY OF ROSEMEAD Reviewed and Accepted by Contractor:
A Municipal Corporation ]INSERT NAME OF CONTRACTOR]
Approved by:
Jeff Allred
City Manager
ATTEST:
10
CITY CLERK
APPROVED AS TO FORM:
Janitorial Maintenance Agreement
Page 11
EXHIBIT A
SCOPE OF WORK
1. DESCRIPTION OF PROJECT
Furnish all labor, equipment, materials, and supervision to perform janitorial services at
City-owned public facilities, parks and public restrooms. The maintenance, as described
herein, shall include but not limited to the following: y
1.
2.
3.
4.
5.
6.
7.
8.
2. S1
Complete janitorial services and general building~'maintenance at City facilities.
Solid waste collection/ removal
Floor cleaning for carpet and hard surface flooring
Restroom cleaning
Refilling all dispensers,
dispensers.
Dust removal and fixture
Glass/ mirror cleaning
Any other janitorial-related
soap, toilet paper, paper towel and seat cover
Working hours shall vary by location. However, for office building/ recreation
facility, cleani g shall not start earlier than thirty (30) minutes after the end of
normal business, hours as related to each facility. Normal business hours for
office buildings shall be between the hours of 7:00 a.m* and 6:00 p.m., Monday
thr ugh Thursday. No Saturday or Sunday janitorial work is to be scheduled
without\pern ision from the City, unless it is an emergency situation . For
community7and recreation centers, the hours of operation may be up to midnight
and during weekends. For these facilities, janitorial services shall therefore be
provided after closing time and during weekends. These times are provided for
information only and may be subject to change.
B. The Contractor shall provide to the City a monthly schedule showing the
estimated work schedule, date to be accomplished and task to be performed, per
contract requirements.
Janitorial Maintenance Agreement
Page 12
C. In the event an evening meeting is being conducted in a facility, the Contractor
shall be responsible for proper cleaning of the used area, provided the meeting
ends by midnight. All cleaning shall be completed before the start of next normal
business day.
D. The Contractor shall maintain a schedule for floor cleaning, waxing, carpet
cleaning and any other cleaning operation for any City facility, and provide to the
City with a monthly completed work on the first workday of every month.
E. No new work of any kind shall be considered an extra unless a separate estimate is
given for said work and the estimate is approved by the City before the work is
commenced. The Contractor' will be required to provide before and after
photographs of safety items or emergency repairs which were made without prior
City approval.
f~
F. The Contractor shall maintain a/schedule for quarterly interior and exterior
'IX
window washing and provide to themCity a copy of the scheduled work a
minimum of 2 weeks in advance, and a op C f the quarterly completed work on
the first workday following completion of work\
3. PERFORMANCE STANDARDS
A. It is the objective of the City to obtain full cleaning performance in accordance
with the terms-oRthis,RFP/ ensuing contract and at the highest quality standards of
work. Therefore, deductions (liquidated damages) for tasks not completed or not
satisfactorily completed shall be made in accordance with the schedule detailed
herein.
B. City staff shall corilkhhe Contractor by telephone, fax, or email to notify them of
performance issues.\City° staff shall also notify the Contractor of written
complaint(s) received from building occupants. During the normal business hours
of each facility, the Contractor shall be required to respond to any major
problem(s) within two (2) hours.
C. City staff will maintain a file of incoming complaints whether they are in writing,
oral or by telephone. This file shall contain the date, time, building, name of the
person making the complaint, phone number and time the Contractor was notified,
or a copy of the notification letter and fax record.
D. Major problems require immediate attention, and shall be responded to and
corrected within two (2) hours. Examples of major problems include, but are NOT
limited to: toilets not cleaned, not stocking sufficient paper products in large
areas, offices not cleaned, trash not removed; etc. The City's designee shall have
authority to classify a complaint as major or minor.
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Page 13
E. Minor problems require correction during the next normal cleanup day. However,
persistent and a continuing record of minor complaints shall result in a deduction,
or liquidated damages. Examples of minor problems include, but are not limited
to: a trash can not emptied, a small area not vacuumed, toilet paper in one stall
out, etc. Failure by the Contractor to respond to specific complaints as stated
above, as well as preventing continuing occurrences of such complaints, may
result in deductions of invoiced payments or termination of this contract
agreement.
F. Failure to clean an entire building or site shall result in a separate deduction for
nonperformance. After three (3) occurrences of nonperformance within a 12-
month period, the City, at its discretion, may begin default proceedings.
G. Contractor billing shall be done on a timely basis. The successful bidder shall
submit monthly invoices for work completed in the previous month.
`a
Liquidated Damages -Failure of the Contractor to respond to reported problems within
the time limits established above shall result in the-1161lowing deductions from invoiced
payments: tl.~~
a) Major problems not respondedNf
deduction of 10% of the monthly
[me limits will result in a
building;
b) Minor problems not responded to within the established time limits will result in a
deduction of one (1) day's cost of clea. ping for the entire building experiencing the
problem; V
c) Nonpei ormance deductions shall be equal to 100% of the monthly charge for the
reporting of major and minor compliance failures of 5 or more for any
result a 10% deduction of the total monthly contract cost.
e) Inspecticn%reports~(completed by City staff) for a one-month period will be reviewed
at the first meeting of the following month. Should these inspection reports indicate
an overall unsatisfactorily rating for the prior month; the City may impose a 10%
deduction of the total monthly contract cost on the next payment.
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Page 14
EXHIBIT B
Maintenance Facilities/ Parks/ Buildings
Building/ Facility/ Park
Address
I
Approx. Sq.
I
Annual
Footage
Cost
1
City Hall (daily - 4 times/ week)
I
l
di
il
h
l
8838 E. Valley Blvd. _
17,450
-
nc
u
ng counc
c
ambers,
obby,
stairway, 5 men's restrooms and 4
women's restrooms, etc.
,
2
Rosemead Recreation & Community
3936 N. Muscatel ~,ve.
18,000
Center (daily - 7 times/ week) -
including 3 men's restrooms, 3 women's
restrooms, etc.
3
Garvey Community Center (daily - 7
9108 Garvey Ave.
2oWo
times/ week) - Including 3 men's
restrooms, 3 women's restrooms, etc.
4
Garvey Park (daily - 7 times/ week) - '
7~OO Block of Emerson
16,000
Including Public Services Center of
~
Pl.
approx. 3,500 sg. ft., gym of approx.
_ LL
5,700 sq.ft., 6 men's restrooms, 5
women's restrooms, etc.
5
Rosemead Park (daily - 7 times/ week) -
4343 En, cinita Ave.
5,500.
Including 6 men's restrooms, 5 women's
\J1~
restrooms 1 men's-shower, 2 women's
showers, 1 men's`l'ocker room, 1 women'
locker roomletc.
6
Public Safety`Center (daily' ~5 times/
'
s
8301 Garvey Ave
5,200
s re
t
week) - Including 2 men
rooms, 2
1-
women's restrooms 1211
7
Jess Gonzales Sports=CompleO'Park
8471 Klingerman Ave.
350
J .
(daily - 7 times/ week)-Inc cluding 1
men's restrooms. 1 women's restrooms
8
Sally Tanner Park (daily - 7 times/
8343 E. Mission Drive
400
week) - Including 1 men's restrooms, 1
women's restrooms
9
Zapopan Park (daily - 7 times/ week) -
3018 N. Charlotte Ave.
200
Including 1 men's restrooms, 1 women's
restrooms
TOTALS:
83,100
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EXHIBIT C
Maintenance Frequency Schedule
FUNCTION 11FREQUENCY
Office Buildings 4 times/ week, except Public Safety bldg. (5x/ week)
Community Centers 7 timey~ w ek~
Park Facilities 7 times/ week
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EXHIBIT D
BID UNIT PRICES
1. The contractor agrees that for requested and/or required changes in the scope of work,
including additions and deletions on work not performed, the contract sum shall be adjusted
in accordance with the following unit prices.
2. Contractor is advised that the submitted unit prices will be used as one of the determining
factors in the contract award. Unreasonable prices may result in rejection of the entire bid
proposal. Unit prices listed below refer to all services provided, including but not limited to,
materials, labor, overhead, and profit for the contractor.
3. The unit price quoted by the contractor shall be those unit prices that will be charged or
credited for labor and materials to be provided regardless of the total number units and/or
amount of labor required for added or deleted items of work.
4. All work shall be performed in accordith specifications or otherwise herein specified.
vN
Workmanship shall be in accord with thelbeststandard practices.
1. General janito„riabs~ervices at City office/ recreation facilities
2 .,1F-`16ov cleaninv for
3. Floor cleanine for
4. Window/
5. Dust removal and fixture cleaning
6. Restroom cleaning (i.e. 1 toilet bowl, l urinal and 1 sink -
Including refilling all dispensers, soap, toilet paper and
paper towels)
7. Other janitorial-related services
100 sq.ft.
100 sq.ft.
100 sq.ft.
100 sq.ft.
100 sq.ft.
100 sq.ft.
16