CC - Item 4B - Janitorial Services for Various City Facilities - Award of ContractROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JANUARY 13, 2015
SUBJECT: JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES —
nwenn nF CONTRACT
SUMMARY
The City of Rosemead utilizes the services of an outside contractor to perform routine
janitorial maintenance at various City facilities, including administration buildings,
community centers, and parks. The scope of work for the contractor entails the day -to-
day cleaning of the listed city facilities; consisting of dust removal, cleaning of
restrooms and floor surfaces, the removal of trash, and other cleaning services to
maintain the facilities in top condition. The current contract, which was for three years
with two additional one -year options, has expired and Great Cleaning Services, Inc.
has continued maintaining the facilities through a month to month agreement, while a
procurement process was completed. A request for proposals (RFP) was issued by
staff in November 2014 and on December 10, 2014 the City received eight (8)
proposals for Janitorial Services. Staff has reviewed all proposals for completeness,
understanding of the scope of work, experience and cost.
Staff Recommendation
It is recommended that the City Council authorize the City Manager to enter into a
contract with United Maintenance Systems, Inc. to provide Janitorial Services for
Various City Facilities at a cost not to exceed $ 103,680.00 for a period of three (3)
years, with an option to renew for the following two (2) years.
BACKGROUND
The City utilizes an outside contractor to perform routine janitorial maintenance at
various City facilities, including administration buildings, community centers, and
parks. The scope of work for the contractor entails the day -to -day cleaning of the listed
city facilities; which consists of dust removal, cleaning of restrooms and floor surfaces,
the removal of trash, and additional cleaning services to maintain the facilities in top
condition. The contractor is responsible for daily maintenance at the following facilities:
. Administration Buildings: City Hall and Public Safety Center
nmm NO. R
City Council Meeting
January 13, 2015
Pace 2 of 3
Community Centers: Rosemead Community Recreation Center and Garvey
Community Center
Parks: Rosemead, Garvey, Sally Tanner, and Zapopan Parks, and Jess
Gonzalez Sports Complex
In addition to the day -to day - cleaning, the contractor provides supplemental services
including quarterly window, carpet, and hard surface floor cleanings to maintain the
cleanliness and appearance of all facilities. The contractor is responsible for providing
all staff and materials necessary to provide the janitorial services as described as well
as all consumable products (i.e. toilet paper, paper towels, etc.) for all restrooms that
are serviced under this contract.
As the current contract was nearing expiration, staff began development of an RFP for
a new janitorial services contract. During the development of the document, staff
augmented the scope of work, requiring greater services than are included in the
current contract to ensure the greatest level of cleanliness in all City facilities.
The RFP was released in November 2014 through a number of channels. The notice
of the RFP was posted on the City website and advertised in local newspapers, as all
City bid documents are. Additionally, Staff contacted firms that were interested in the
previous procurement as well as firms that responded to recent janitorial RFPs in other
nearby cities. On December 3, 2014, a mandatory site inspection and pre -bid
conference was attended by nine (9) interested firms. On December 10, 2014, the City
Clerk received eight (8) sealed proposals for Janitorial Services for Various City
Facilities. Staff reviewed all proposal for completeness, understanding of the scope of
work, experience and cost. Included below is a summary of all proposals received,
organized by total annual cost.
Rank
Firm
1
United Maintenance Systems, Inc.
2
Golden Touch Cleaning, Inc.
3
Merchants Building Maintenance, LLC
4
Lincoln Training Center
5
General Building Management Co.
6
US Metro Group, Inc.
7
Uniserve Facilities Services
8
Dedicated Building Services
Location
Los Angeles, CA
Irvine, CA
Pomona, CA
South El Monte, CA
Los Angeles, CA
Los Angeles, CA
Commerce, CA
Studio City, CA
Annual Cost
$ 103,680.00
$ 114,358.80
$ 128,731.87
$ 138,912.00
$ 182,280.00
$ 191,745.00
$ 195,717.48
$ 210,266.76
After reviewing all submitted proposals and investigating the contractors' backgrounds,
staff finds United Maintenance Systems, Inc. to be the lowest, responsive proposer.
United Maintenance Systems, Inc. has been in the janitorial services business for
more than twenty-three (23) years and currently services a number of local cities,
including the Cities of Baldwin Park, Pomona, Sierra Madre, Glendora, Downey, and
Signal Hill, as well as other public facilities, including Cal State University Los Angeles.
City Council Meeting
January 13, 2015
Page 3 of 3
Additionally, United Maintenance Systems previously contracted with the City of
Rosemead for these services prior to the RFP in 2009.
Contract Execution
Upon Council approval, the City Manager will enter into a contract with United
Maintenance Systems, Inc. to provide janitorial services for a three year term. It is
anticipated that the new contract will begin on March 1, 2015.
FINANCIAL REVIEW
Funding for this contract is included in the annual maintenance and operations budget
for Fiscal Year 2014 -15 under the Public Works Department, Facility Maintenance
Division.
Prepared by:
C/ °�/
Sean Sullivan
Acting Public Works Manager
Submitted by:
Matt HawkesW rt
Assistant City Manager /Acting Director of Public Works
Attachments:
1. Request for Proposal Documents (Available in City Clerk's Office)
2. Summary of Proposals Received
3. Proposal from United Maintenance Systems, Inc.
4. Professional Services Agreement
curie
vu a t¢ wars. osparvnmr
City of Rosemead
drol ldl Services for Various City Facilities
RFP No. 2014 -13
Proposal Analysis
1
Cm Hall
Elad
$
980.00
$ 1176000
2
Rosemead Community R¢RedLOn Center
_8838E.Valley
3936 N.
$
1 900 00
5 22,800 00
3
Garvey ity Cenl¢r
e, Avenue
9938 Garvey Avenue
'.$
1950.00'.5
23,40000
4
Park
Garvey Park
7933 Emerson Place
$
1.650 00
5 19,000 00
5
Rorki Park
4343 E la Ave
$
050.00
5 10,20000
0343 E. Mission Drive
f
Public 5afety Center
8301 Ga ey Avenue
nu
$
325.00
5 3,900.00
7
8
Jess Gonzalez Sports Complex
_.
04]1KIb
$
325.00
$ 3,900.00
e
Sall Tanner Park
343E
8 Mss On Dry Dnve
$
340D0
$ 4,080 00
9
(Zapopan Park
3100 Charlotle
'$
320.00
$ 3,840.00
]
Jess Gonzalez Sports Complex
8471 Klingerman
' f
8,649.00
- $ 103,660.00
8
Total Base Bid Price:
$ 103,680.00
$ 525.00
$ 6,300.00
1
'., City Hall
8838 E. Va ley Blvd
2
.Rosemead Community Recreation Center
3936 N. Muscatel
_S
$
3
Garvey Community Center
9108GOrke Avenue
$
4
Garvey Park
- 7933 Emerson Place
_
$
5
Rosemead Park
4343 Fran To Ave
$
6
Public Safety Center
8301 Garvey Avenue
$
]
Jess Gonzalez Sports Complex
84]1 Kingerman
$
8
-Sall Tanner Park
0343 E. Mission Drive
$
9
Zapopan Park
3108 Chandra
$
4
Garvey Park
7933 Emerson Place
$
-$ 21,00000
Total Base Bid Price:
$ 114,356.80
Rosemead Pak
1 City Hall
2 Rosemead Community Recreation Center
3 Garvey Community Center
4 Garvey Park
5 Rosemead Park
6 Public Safe Center
7 Jess nn Sports Complex
8 Ball Tanner Park
er
9 .Zapopan Pak
Total Be.. Bid Price:
971 Klingerman $ 425.61 $
13 E. Miseen mve $ 40846 $
3108Chabdite $ 30525 $
$ 10,727.66 $
$ 128,131.87
Bid
schedule
Facility
Address
Mori
Annual
1
City Hall
8838 E Valley Blvd
$ 1,50000
$ 10,000.00
2
Rosemead Community Recreation Center
3936 N. Muscatel
S 2,018.00
S 24,192.00
3
Garvey Community Center
9108 Garvey Avenue
$ 2,50000
$ 3000000
4
Garvey Park
7933 Emerson Place
$ 175000
-$ 21,00000
5
Rosemead Pak
4343 End ito Ave
$ 1,610.00
$ 19 ,32000
6
Public Safety Center
8301 Garvey Avenue
$ 67500
$ 8,10000
]
Jess Gonzalez Sports Complex
8471 Klingerman
$ 50000
-$ 6,00000
8
Sall Tanner Park
8343 E. Mission Dove
$ 525.00
$ 6,300.00
9
Zapopan Park
3108 Charlotte
$ 500.00
$ 6,00000
$ 11,578.00
$ 138,912.00
Total Base Bid Price:
$ 138,912.00
Pagel of 2
PuLIie AdWA xtl
WOM1f OepaNnenl
1
City Hall
8838 E Valley Blvd
$
199200.$_
^24,12120
2390400
2
Rosemead Community Recreation Center
- 3936N Muscatel
$
198400
t8
23,808.00
3
Garvey Community Center
9106 Ga ey Avenue
$
2,331.00
l$
27,97200
4
Garvey Park
_ _
7933 E rson Place
$
1,830 00
$
1956000
5
Rosemead Park
_ _ _
4343 Encumb, Ave
$
245100
$
29.41200
6
Public Safety Center
8301 Garvey Avenue
$
66200
5
2,944.00
7
_
Jess Gonzalez Seem, Complex -
8471 KI' gemlan
$
974.00
5
11.688.00
8
Sall Tanner Part
8343 E Mission ' Drive
$
1583.00
5
18,996 00
9
Z pop n Pd*
3106 Cb tl tle
$
1583.00
$
18.996 00
$ 59721
$
7.166.52
'. f
15,190.00
$
163,380.00
$
Total Base Bid Pnca:
$ 162,260.00
$ 16,309 .79
$
1 City Hall
2 Rosemead Community Recreation Center
3 Garvey Community Center
4 Garvey Park
5 Rosemead Park
6 Public Safety Center
7 Jess Gonzalez Sports Complex
8 -Sell Tanner Park
9 _Zapopan Part
Total Base Bid Price:
6636 E. Valley Blvd $ 337500 $ 4050000
3936 N. Muscatel $ 337500 $ 4050000
9108 Garvey Avenue $ 375000 $ 4500000
7933 Emerson Place $ 238125 $ 2857500
4343 Enclnita Ave $ 161000 $ 1932000
8301 Garvey Avenue $ 70000 $ 840000
8471 Klingerman $ 26250 $ 3.15000
8343 E Mission Drive - $ 292 50 $ 3.150 00
3108 Charlotte $ 26250 $ 315000
It 15,978.75 $ 191,745.00
$ 191,745.00
Bid
Schedule
8838 E. Valley Blvd
$ V201010
I5
^24,12120
2
Rosemead Community Recreation Center
3936 N. Muscatel
$ 3,611 08
4333? 96
3
Facility
Address
Monthly
5
Annual
1
City Hall
8838 E Valley Blvd
$ 2.144.55
$
2573460
2
Rosemead Community Recitation Center
3936 N. Muscatel
$ 2783 18
$
33398 15
3
Garvey Community Center
9108 Garvey Avenue
$ 342443
$
41093.15
4
Garvey Park
7933 Emerson Place
$ 2654.08
$
3194872
5
Rosemead Park
4343 Encinita Ave
$ 244080
$
29289.60
6
Public Safety Center
8301 Garvey Avenue
$ 1071.14
$
12.853.58
7
Jess Gonzalez Sports Complex
8471 Klingerman
$ 59721
$
7.166.52
0
Sall Tanner Park
8343 E. Mission Drive
$ 59721
$
7.166.52
9
Zapopan Park
3108 CM1arlotle
$ 59721
$
7,166.52
$ 16,309 .79
$
195,717.48
Total Base Bid Price:
$ 195.717,48
1
City Hall 7
8838 E. Valley Blvd
$ V201010
I5
^24,12120
2
Rosemead Community Recreation Center
3936 N. Muscatel
$ 3,611 08
4333? 96
3
Garvey Community Center
9108 Garrey Avenue
$ 4,040.86
5
48490.32
4
Garvey Park
7933 Emerson Place
S 2,943.20_5
35,319.36
5
Rosemead Park
4343 Encinila Ave
$ ? 019.06
$
24230.32
6
Public Safety Center
0301 Garvey Avenue
's 77983
-$
9,357.96
7
Jess Gonzalez Sports Complex
8471 Klingennan
$ 70574
-$
8468.88
e
Sall Tanner Part
8343 E. Mission Drive
$ 705.74
S
8,468.88
9
Zapopan Park
3100 Charlotte
S 70574
$
646888
_$ 17,52213
$
210,266 .76
Total Base Bid Price:
$ 210,288]8
Paged of 2
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Prepared For:
City of Rosemead
888 E. Valley Blvd
Rosemead, CA 91770
Due Date:
December 10, 2014 10:30am
December 9, 2014
City of Rosemead
888 E. Valley Blvd
Rosemead, CA 91770
Dear City of Rosemead:
United Maintenance Systems would like to thank you for giving us the opportunity to introduce our
company and the variety of different services we currently offer. For over twenty three years, United
Maintenance Systems has strived to offer excellent cleaning services at unbeatable prices.
What sets our company apart from all the others is that our business is family owned and operated. Our
owner has been in the janitorial business for over 23 years and has personal experiences in the Feld.
We will not take your account and "hand it away" to someone else and forget about it. We strive on
maintaining close, personal relationships with all our clients from the start to end of a contract. Our cell
phone lines are open 24 -7 and you can feel free to give us a call for anything you may need.
We currently work with a variety government facilities such as the City of Pomona, City of Baldwin
Park City of Glendora, City of Downey, City of Sierra Madre, CalState University of LoS Angeles
and OC Health Care Agency. We are fully aware and in understanding of City contracts that are from 1
to even 5 years. Most of the City facilities we currently clean have been with us for over 5 years. Therefore,
we can assuredly accommodate all your cleaning needs.
If you have any questions or concerns regarding our company or this proposal, please don't hesitate to call
me at (213) 739 -1405. I thank you once again for sharing your time and hope that we can do business
together in the near future.
Sincerely,
Jae Kim
Manager
United Maintenance Systems
3807 Wilshire Blvd. #800
Los Angeles, CA 90010
jkim @umsla.com
United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405
Brief History
In today's competitive business environment, cutting costs is essential, but without
sacrificing a high standard ofquality.
Serving the Southern California region since 1991, United Maintenance Systems, is
,firmly committed to developing ways to increase efficiency and quality of service, while
striving to save you money on your janitorial expenses.
This commitment means 24 -hour service, well- trained personnel, the latest equipment
and a "hands -on" management philosophy.
We are confident that you will be pleasantly surprised, not only with the economy of
our cleaning program, but with the high quality, in -depth service you receive. Let us review
your specific needs, and help you look your very best!
United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1905
Vendor's Background and Experience
Business Name:
United Maintenance Systems
Locations:
3807 Wilshire Blvd #800
Los Angeles, CA 90010
Telephone Number:
(213) 739 -1405
Fax Number:
(213) 739 -1407
Contact Person: Jae Kim/ Regional Manager
Cell Phone: (213) 494 -7470
Office Hours: Mondays- Fridays; 8:00am- 5:00pm
UMS, Inc.
DBA: United Maintenance Systems
Incorporated by the State of California
Business Inception: October, 1991
Dun and Bradstreet Number: 809366438
Number of Employees: Administration
Management
Field Supervisors
3
5
4or5
Custodians (Full & Part Time) 45 -55
4
United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405
Reference
1. City of Cypress - 5275 Orange Ave., Cypress, CA 90630
$111,600.00, Larry Campos (562) 553 -2355
2. City of Baldwin Park - 4100 Baldwin Park Blvd., Baldwin Park, CA 91706
$138,000.00, Maria Moreno (626) 813 -5255
3. City of Pomona - 505 S Garey Ave., City of Pomona, CA 91769
$97,980.00, Matt Sampson (909) 620 -2398
4. Calstate LA - 5151 State University Dr. Los Angeles, CA 90032
$176,448.00, Kirby Williams (323) 791 -6875
S.City of Sierra Madre - 232 W. Sierra Madre Blvd., Sierra Madre, CA 91024
$44,400.00, Chris Cimino (626) 355 -7135
6. City of Glendora - 116 E. Foothill., Glendora, CA 91741
$455,200.00, Doug Crouse (626) 914 -8200
7. City of Downey - 11111 Brookshire Ave., Downey, CA 90241
$254,880.00, Grissel Chavez (562) 904 -7196
8. City of Signal Hill - 1780 E Hill St., Signal Hill, CA 90755
$50,400.00, Greg Franco (562) 989 -7255
9. Orange County Health Care Agency - 1725 W. 17th St., Santa Ana, CA 92706
$174,000.00 Ana Figuroa (714) 834 -2170
United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405
54
Quality Training
United Maintenance Systems Classroom instruction emphasizes on the following:
• General orientation and instruction of field employees
• Janitorial "Do's and Don'ts"
• Safety precautions
Instruction on the handling of chemicals, equipment and other supplies being used.
Work Assignments and schedules
Emergency procedure
Hands -on Training is the final and most essential part of the training program. This is performed at
the actual work site with a supervisor in attendance. The trainee is shown the assigned work area
and is instructed to make notes on any special instructions or procedures unique to the facility.
The first few hours, the supervisor works closely with the trainee, demonstrating actual cleaning
procedures and answering all questions. Upon completion of assigned work, the area is inspected
by the supervisor together with the trainee, and any deficiencies are discussed and reviewed
thoroughly. The trainees' work is closely scrutinized in this fashion for an indefinite period, until
the supervisor has complete confidence in the trainees' performance.
United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405
Communication
Lack of communication is a common and frequent complaint in our industry. Our management has
studied this issue and have implemented the following procedures which have proven to be
effective.
• All complaint or request received are logged into our computer and printed on a daily log
form. These log forms are reviewed daily by the operations manager and are given to the
designated supervisor for immediate action. Upon completion of a request or the resolution
of a problem, the supervisor submits a written report to the operations manager for review.
• A list of special instruction for each building is written on the customer history file, which is
immediately updated with any changes or additions. This is only available to the
management and key operations staff for instructing any new supervisor or cleaning
personnel.
• All operations supervisors and personnel are instructed to record all observations and
comments in writing, taking notes at all times and make daily checklists of tasks to be
performed.
• All supervisory staff is bilingual.
• Work logs are checked daily, and any problems or deviations from the normal standards are
studied, with any subsequent action and its results being written down in detail.
• All supervisory staff carries pagers at all times for any emergency that might arise.
• For your convenience, our telephones are answered 24 hours a day, 7 days a week.
United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405
Safety Procedures
United Maintenance Systems has a medical and health authorities to suggest our crews become
familiar with the safety procedures and emergence procedures, first aid. We believe that
accidents can be avoidable, if not preventable. Our employees were taught from the first day of
job to observe all the safety regulations and to follow instruction from co- workers. Although the
law places the primary responsibility for Occupational Health and Safety on the employer,
certain responsibilities are also placed on the employees to adhere to the policies and
procedures set forth by the California Administrative code.
Our employees are prohibited from removing, displacing, damaging, destroying or tempering
with safeguards. Also devices, notices, warning signs or any method or process adopted for
employee protection is prohibited.
Safety Training
A new trainee will go through one -day safety training. The topic will cover:
1. How to read Safety Chart.
2. How to life an object safely.
3. How to use stepladder safely.
4. How to use cleaning chemical safely.
Also a new trainee will go through first aid training. The topic will cover:
1. How to call for help -911.
2. What to say.
3. What to do during bleeding, minor cut.
4. What to do during chemical or minor burn.
5. What to do during earthquake.
United Maintenance Systems' emphasis to our new and current crews to call 911 if there is an
emergency or crises situations. Our supervisors carry first aid kit in their car. Also our
management staffs can be reached 24 hours and 365 days at (213) 739 -1405.
8
United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405
Quality Control Plan
The Quality control program is an essential part of the cleaning service. All supervision and
inspections are overseen and strictly enforced on a day -to -day basis by our management. We
maintain incentive programs which motivate all our supervisory personnel to strive for excellence.
Each supervisor oversees a limited number of accounts. This helps to maintain a high supervisor to
worker ratio, which in turn, helps to alleviate most problems and lead to a cleaner building. You
will find that all our supervisory personnel are dedicated employees with a strong desire to provide
consistent, high quality cleaning.
Supervision
Upon award of a contract, an onsite supervisor is assigned to the building to coordinate operations.
His or her responsibility includes hands -on training of new employees, daily inspections, filling out
a quality check list, and general supervision. The supervisor ensures that all workers follow
company regulations, instructions, and maintain their areas of responsibilities at the optimum level.
Inspection
Daily inspections are performed by the supervisor. He or she randomly selects one or two areas
each night, and thoroughly inspects, grading the work on a quality check list which is turned in to
the Operations Manager the next day for review. Any deficiencies found are promptly corrected,
and the corrective measures taken are noted on a written report.
A complete monthly inspection is performed by the Area Manager. At the end of each month, our
Area Manager goes through each floor, and randomly selects an office, restroom, kitchen, etc. for
detailed inspection. Daily, weekly, monthly, semi - annual and annual assignments are checked,
such as floor buffing, stripping and replenishing, carpet cleaning, high dusting, and window
cleaning.
Periodically, the Operations Manager visits the work site during the day, for an inspection and
overall survey of the work. At this time, an overall assessment is made, and any deficiencies or
problem areas are discussed with the property manager as well as the tenants, to ensure total
comprehension and thus success in satisfying the customer's needs and wants.
For all other emergency situations and requests, there is a 24 -hour customer service hotline at
UMS that provides access to supervisors and managers and immediate responses.
United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405
CITY OF ROSEMEAD
JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
CONTRACT BID FORMS
BIDDER: U MS
This Page Intentionally Left Blank
BIDDER: U S IhC
SECTION 1 - BID
SCHEDULE
BIDDER: U MS I hL.
This Page Intentionally Left Blank
BIDDER: UMS InC -
CITY OF ROSEMEAD
SCHEDULE OF BID PRICES FOR
JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
SCHEDULE OF PRICING
TOTAL BASE BID PRICE (SCHEDULE BID PRICE(:$ Oc ib t o 00 I03, 680.00
dnno„I (, 5t ` (Ina. Ni)n `r- d Three Th fart d 5i X iq a d.ed e5i ,6 -! 11av5 .
Dollar amount in written form
FACILITY
ADDRESS
MONTHLY
ANNUAL
COST
COST
1
CITY HALL
8838 E. VALLEY BLVD
-r
Z
ROSEMEAD COMMUNITY
RECREATION CENTER
3936 N. MUSCATEL AVE
b0
2
3
GARVEY COMMUNITY
9108 GARVEY AVENUE
�j
CENTER
tip• 00
OD
4
GARVEY PARK
7933 EMERSON PLACE
650, oo
Sco. o
5
ROSEMEAD PARK
4343 ENCINITA AVENUE
t 050 0O
zoo • oC
6
PUBLIC SAFETY CENTER
8301 GARVEY AVENUE
7
JESS GONZALEZ
8471 KLINGERMAN AVE
SPORTS COMPLEX
has 0
3 900 Lp
8
SALLY TANNER PARK
8343 E. MISSION DRIVE
00
D
9
ZAPOPAN PARK
3108 CHARLOTTE AVE
310 -,D
TOTAL BASE BID PRICE (SCHEDULE BID PRICE(:$ Oc ib t o 00 I03, 680.00
dnno„I (, 5t ` (Ina. Ni)n `r- d Three Th fart d 5i X iq a d.ed e5i ,6 -! 11av5 .
Dollar amount in written form
BIDDER: OM's I(1c,
This Page Intentionally Left Blank
BIDDER: OKS IYt(- .
BID UNIT PRICES
I. 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 $ LJ, o 0 / 100 sq.ft
2.
Floor cleaning for carpet
$—L, Do / 100 sq.ft.
3.
Floor cleaning for hardwood
$ 5 , uo / 100 sq.ft.
4.
Window/ glass cleaning
$ 5,00 / 100 sq.ft.
5.
Dust removal and fixture cleaning
$ 3, oe / 100 sq.ft.
6.
Restroom cleaning (i.e. 1 toilet bowl, 1 urinal and 1 sink -
$ 2,5 00/ Cleaning
Including refilling all dispensers, soap, toilet paper and
paper towels)
7.
Other janitorial- related services
$ 5, oo / 100 sq.ft.
8.
Carpet Cleaning /Shampooing
$ (,, 00 / 100 sq.ft.
9.
Floor Waxing
$ 7,00 / 100 sq.ft.
10.
Commercial Kitchen Cleaning
$ 50, Cu / Cleaning
BIDDER: U NHS N '
-
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BIDDER: U M-S I h L
Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items
in the schedule of bid items above, within the limits define in Section 3 -2.2.1 of the Standard
Specifications, to stay within the budgeted amount of this project.
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner
which cannot be withdrawn for the number of Working Days indicated in the Request for
Proposals from and after the bid opening date, or until a Contract for the Work is fully executed
by the Owner and a third parry, whichever is earlier. The undersigned also agrees that if there
is a discrepancy between the written amount of the Bid Price and the numerical amount of the
Bid Price, the written amount shall govern.
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award
for the Contract, and will deliver to the Owner within that same period the necessary original
Certificates of Insurance, Endorsements of Insurance, Performance Bond, and all other
documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing
body all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7
of the Business and Professional Code), arising from purchases of goods, materials or services
by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be
made and become effective at the time the purchasing body tenders final payment to the
Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting
therefrom; and (2) any other information and documentation, financial or otherwise, needed by
Owner to award a Contract to the lowest responsible and responsive bidder.
Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be
incorporated into a Contract arising out of this Submittal has been so identified by Bidder.
Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the
remaining data submitted herewith into a contract arising out of this Bid.
The undersigned acknowledges receipt, understanding and full consideration of the following
addenda to the Contract Documents.
Addenda Nos
The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials,
and equipment or supplies necessary to complete the Work as described in the Bid Documents
and Request for Proposal. If this bid is accepted, the undersigned Bidder agrees to enter into
and execute the Contract with the necessary bonds and accept the Total Bid Price as
compensation in full for all Work under the contract.
BIDDER: U MS 1A C -
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By:
Signatur
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Type or Print Name
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Title
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Business Street Address A
City, State and Zip Code
M� )3i 9 -14055
Telephone Number
Bidder's /Contractors State of Incorporation:
Partners or Joint Venturers:
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of
the representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be
required to provide evidence that the person signing on behalf of the
cur oration, partner±i or 'oin[ venture has [he authori[ to do so.
BIDDER: " M S k c
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BIDDER: UMS 411,
SECTION 2
BID DATA FORMS
BIDDER: UM )r\C
Bidder shall submit its Bid data in accordance with the format shown on each of the following
Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately
provide the information required. Bidder shall ensure that every page of its Bid Data Forms are
properly identified with the Bidder's name and page number.
BIDDER: 12 US Inc-
2.0 REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which
BIDDER has performed similar work within the past two (2) years:
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Name and telephone number of person familiar with project
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BIDDER:
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BIDDER: U hS
SECTION 3
NON - COLLUSION AFFIDAVIT
This Page Intentionally Left Blank
NON - COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
sworn, deposes and says that he or she holds the position listed below with the bidder,
the party making the foregoing bid, that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder
has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate
a collusive or sham bid.
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the State of California
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MAYOR:
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MAYOR PRO TEM:
MaaGARGI CLM.I[
8838E VALLEY BOULEVARD P O BOX 399
COBM1SIL MEMBERS:
ROSEMEAD, CALIFORNIA 91770
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IELBPHOFE (626) 569 -2100
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December 4. 2014
ADDENDUM #1
REQUEST FOR PROPOSALS
NO. 2014 -13
JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
Clarifications /Responses for RFP
1. Current Contract and Pricing
Current Monthly Prices and Current Contract are included as PDF attachments.
Scope of work included in current request for proposal may vary from the scope
of work included in existing contract.
2. Wages
The City does not have a living wage requirement. Per California State Code, this
contract forjanitorial services is not subject to prevailing wages.
3. Proposal Submittal
Contract Bid Forms, which are included in the RFP documents, must be
submitted as a part of the proposal. Contractors may submit any additional
documentation desired, however, all Contract Bid Forms Sec. 1 -3 (included in
RFP documents) must be submitted.
Scope of Work Clarifications
1. Trash Removal — All sites maintain dumpsters for the disposal of refuse (trash)
generated within that facility. As part of the orientation to the new contract,
contractor will be provided access to these dumpster facilities. All segregated
recyclables that are collected from the blue bins in City facilities must be
deposited in the White Recycle dumpsters located at any of the three following
sites:
• City Hall
• Garvey Community Center
• Rosemead Park
2. Restroom Supplies — Per the RFP documents, selected contractor is to supply
all necessary restroom consumable products, including, but not limited to toilet
paper, paper towels, urinal cartridges, etc. (Specification is included in RFP
document). Although the City is unable to provide a quantity of products
consumed through the course of this contract, further clarification is provided.
a. Stocking: It is expected that all provided dispensers (toilet paper, paper
towels, soap, etc.) will be filled to capacity at every visit. The City reserves
the right to determine whether the contractor is sufficiently stocking all
necessary products.
b. Paper Towels / Hand Dryers: Several restrooms throughout the City
utilize hand dryers. Contractor is not required to provide paper towels in
restrooms that contain hand dryers. Proposers shall verify quantity of such
restrooms if desired.
c. Urinal Cartridges: The contractor is responsible for providing necessary
urinal cartridges for waterless urinals. The City of Rosemead has
approximately 20 waterless urinals.
3. Clarification Regarding Cleaning Kitchen Surfaces: Reference RFP:
E. Dust removal and fixture cleaning - Low dusting is the removal of all dust, lint, litter,
and dry soil from the surfaces of desks, chairs, file cabinets, book shelves, tables, and
other types of office furniture and equipment from horizontal ledges, window sills, window
coverings, hand rails, etc. to a line 7c" above the top of the Floor level. Vent grills, within
these limits, shall be dusted on a weekly basis. A level of care shall be taken to complete
dust removal services without disturbing personal work areas.
I. Kitchens — Some facilities have kitchenettes and two facilities have full kitchens. On
each site visit, kitchen counters and sinks shall be wiped free of debris, trash shall be
removed and floors shall be tended to
4. Clarification Regarding Cleaning Vending Machines: Reference RFP:
H. Clean All Fixtures (i.e. drinking fountains, telephone booths, counters, etc.). After
cleaning, all fixtures shall be free from streaks, stains, spots, smudges, scale, and other
obvious soil.
Facilities Clarifications
1. SCHEDULINGIHOLIDAYS
City facilities close in observance of the following holidays: New Year's Day,
Martin Luther King Day, President's Day, Memorial Day, July 4", Labor Day,
Veteran's Day, Thanksgiving, and Christmas EXCEPT for City Parks. City parks
operate 365 days a year and must be cleaned daily.
2. City Hall: City Hall to be cleaned Sunday — Thursday (5X per Week). The
provided facility description for City Hall indicates that it operates Monday
through Thursday, and as such is to be cleaned Monday through Thursday.
Although the building is not open for public access Friday- Sunday, often times it
is used. City Hall shall also be cleaned on Sunday Evenings to ensure the
desired appearance when it opens for business on Mondays.
3. Parks — Services requested in parks pertain only to buildings /facilities explicitly
listed in facility descriptions within request for proposal documents. Trash
removal shall only be done within these buildings /facilities as general trash
removal within parks is not included in this scope of work.
4. Garvey Community Recreation Center: Regarding the high cleaning and upper
window cleaning:
• High Cleaning shall be performed per the frequencies included in the
specifications. All hanging light fixtures shall be dusted as a part of the
quarterly high cleaning.
• Upper Window Cleaning:
c Frequency of cleaning for upper windows, in main lobby, shall be
reduced to 2 X per year. (See Picture Below)
c Frosted Windows in North Corridor do not need to be cleaned per
this contract. (See Picture Below)
All proposers must acknowledge this Addendum by signing below and including it with
their submitted proposal.
Proposals are due in the Office of the City Clerk, 8838 E. Valley Boulevard, Rosemead,
CA 91770 before 10:30 a.m. on Wednesday, December 10, 2014.
Se ullivan
City of Rosemead
December 4, 2014
Acknowledged:
'e
Signature
P� 1c i M
Name (Printed)
Date
(kl�jl �151emS
Company
PROFESSIONAL SERVICES AGREEMENT
JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
(UNITED MAINTENANCE SYSTEMS, INC.)
PARTIES AND DATE.
This Agreement is made and entered into this day of 20
(Effective Date) by and between the City of Rosemead, a municipal organization organized
under the laws of the State of California with its principal place of business at 8838 E. Valley
Blvd., Rosemead, California 91770 ( "City ") and United Maintenance Systems, Inc. with its
principal place of business at 3807 Wilshire Boulevard, Suite 800, Los Angeles, CA 90010
( "Consultant'). City and Consultant are sometimes individually referred to herein as "Party"
and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing janitorial services to
public clients, is licensed in the State of California and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such janitorial services for the Janitorial
Services for Various City Facilities ('Project'), also referred to as "Services" as set forth in
this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services: Consultant promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional janitorial services necessary for
the Project, herein referred to as "Services ". The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be
UNITED MAINTENANCE SYSTEMS, INC.
Page 2 of 10
subject to, and performed in accordance with, this Agreement, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
3.1.2 Term: The term of this Agreement shall be from the Effective Date
shown above to February 28, 2018 unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines. The Parties may, by mutual, written consent, extend
the term of this agreement is necessary to complete the Services
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor: The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required bylaw. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including,
but not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall
respond to Consultant's submittals in a timely manner. Upon request of City, Consultant
shall provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse
to perform the Services in a manner acceptable to the City, or who are determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property, shall be promptly removed from the
Project by the Consultant at the request of the City.
UNITED MAINTENANCE SYSTEMS, INC.
Page 3 of 10
3.2.5 City's Representative: The City hereby designates the Director of Public
Works or his or her designee, to act as its representative for the performance of this
Agreement ( "City's Representative "). City's Representative shall have the power to act on
behalf of the City for all purposes under this Agreement. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative: Consultant will designate a designee to
act as its representative for the performance of this Agreement ( "Consultant's
Representative "). Consultant's Representative shall have full authority to represent and act
on behalf of the Consultant for all purposes under this Agreement. The Consultant's
Representative shall supervise and direct the Services, using his /her best skill and attention,
and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with
the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain priorto the beginning of and for the
UNITED MAINTENANCE SYSTEMS, INC.
Page 4 of 10
duration of this Agreement insurance coverage as specified in Exhibit B attached to and part
of this agreement.
3.2.11 Safety: Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed One Hundred Three Thousand Six Hundred Eighty Dollars ($103,680.00). Extra
Work may be authorized in writing, as described below, and will be compensated at the
rates and manner set forth in this Agreement.
3.3.2 Payment and Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work' means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
UNITED MAINTENANCE SYSTEMS, INC.
Page 5 of 10
records and any other documents created pursuant to this Agreement. Consultant shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at anytime and without cause
by giving written notice to Consultant of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Consultant shall be compensated only for those services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
United Maintenance Systems, Inc.
3807 Wilshire Boulevard, #800
Los Angeles, CA 90010
Attn: Jae Kim, Manager
Phone: (213) 739 -1405
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Director of Public Works
Phone: (626) 569 -2100
Fax: (626) 569 -2303
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
UNITED MAINTENANCE SYSTEMS, INC.
Page 6 of 10
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property:
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant under this Agreement ( "Documents &
Data "). Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of, pertaining to, or relating to any negligence, errors or
UNITED MAINTENANCE SYSTEMS, INC.
Page 7 of 10
omissions, recklessness, or willful misconduct of Consultant, its officials, officers,
employees, agents, and Consultants arising out of or in connection with the performance of
the Consultant's Services, including without limitation the payment of all consequential
damages, expert witness fees, and attorneys fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents, or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents, or volunteers, in any such
suit, action or other legal proceeding. Consultant shall reimburse City and its directors,
officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by the City, its directors, official's officers, employees, agents, orvolunteers.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision
of this Agreement.
3.5. 10 City's Right to Employ Other Consultants: City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
UNITED MAINTENANCE SYSTEMS, INC.
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3.5.14 Amendment; Modification: No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees orsubconsultants
to file, a Statement of Economic Interest with the City's Filing Officer as required understate
law in the performance of the Services. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self- insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
UNITED MAINTENANCE SYSTEMS, INC.
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right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
[Signatures on next page]
UNITED MAINTENANCE SYSTEMS, INC.
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CITY OF ROSEMEAD
By:
Jeff Allred, City Manager
Attest:
Gloria Molleda, City Clerk
Approved as to Form:
UNITED MAINTENANCE SYSTEMS, INC.
By:
Date Date
Date
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONSULTANT REQUIRED]
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Date
Name:
Rachel H. Richman Date
City Attorney
Title:
UNITED MAINTENANCE SYSTEMS, INC.
EXHIBIT A
SCOPE OF SERVICES
SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL
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UNITED MAINTENANCE SYSTEMS, INC.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non -owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self- insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided on
a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall
contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less
than $1,000,000.00 per occurrence.
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UNITED MAINTENANCE SYSTEMS, INC.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions of
the consultant and "Covered Professional Services' as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
licensed carriers in the state of California and with an A. M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
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UNITED MAINTENANCE SYSTEMS, INC.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self- insure its obligations to City. If
Consultant's existing coverage includes a deductible or self- insured retention,
the deductible or self- insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self- insured retention, substitution of other
coverage, or other solutions.
12.The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
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UNITED MAINTENANCE SYSTEMS, INC.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all -
inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
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UNITED MAINTENANCE SYSTEMS, INC.
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
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