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CC - Item No. 6G - Janitorial Services for City Owned Buildings, Facilities & Parks - Award ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 22, 2009 SUBJECT: JANITORIAL SERVICES FOR CITY-OWNED BUILDINGS, FACILITIES AND PARKS - AWARD CONTRACT SUMMARY At its July 28, 2009 meeting, the City Council approved specifications to solicit regular janitorial maintenance services for the City facilities,. buildings and parks. These services include carpet cleaning, glass/mirror cleaning, dust removal, restroom cleaning and solid waste collection within City facilities. The City Council further authorized staff to seek proposals from a list of nine (9) qualified janitorial service providers. Request For Proposals (RFPs) were solicited and on August 24, 2009, three (3) proposals were received. Staff reviewed the proposals for completeness, understanding of scope of work, methodology, experience and proposed cost. Staff Recommendation Staff recommends that the City Council authorize the City Manager to enter into a contract with Great Cleaning Services, Inc. for a fixed annual cost of $114,780 for the first three (3) years, with an annual option to renew for the following two (2) years. 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. 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) APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting September 22, 2009 Page2of3 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 nine (9) City-owned buildings, facilities and parks. To ensure that a high standard of service is maintained, specifications for janitorial services and schedules are detailed in the proposed Contract. The Contract 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 3rd 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. The City Council approved specifications to solicit regular janitorial maintenance services for the City facilities, buildings and parks at its. July 28, 2009 meeting and authorized staff to solicit proposals. Staff sent a Request For Proposals (RFP) to nine (9) qualified janitorial maintenance providers. On August 24, 2009, three (3) proposals were received. The contractors ranked as follows: RANK CONTRACTOR LOCATION BID AMOUNTIYEAR 1 Great Cleaning Services, Inc. Irvine CA $ 114,780 2 Come Land Maintenance Co. Los Angeles, CA $ 133,500 3 Certified Building Services Covina, CA $ 201,840 Staff reviewed the proposals for completeness, understanding of scope of work, methodology, experience and the proposed cost. Based on the analysis of these proposals, staff determined that the proposal from Great Cleaning Services, Inc. to be the most responsive and cost effective. Therefore, staff recommends that the City Council awards the contract to Great Cleaning Services, Inc. and authorize the City Manager to enter into a contract with Great Cleaning Services, Inc. for a fixed annual cost of $ 114,780 for the first three (3) years, with an annual option to renew for the following two (2) years. Contract Execution Upon City Council approval, the City would enter into an agreement with Great Cleaning Services, Inc. to provide annual janitorial maintenance services. If approved, the new contract would begin October 15, 2009. City Council Meeting September 22, 2009 Page 3 of 3 FINANCIAL REVIEW Funding is available under the annual maintenance and operations budget, Public Works Facilities Maintenance cost center. Public Notice This agenda item has been noticed through the regular agenda notification process. Prepared by: Farid Hentabli Senior Management Analyst Submitted by Chris Marcarello Deputy Public Works Director Attachments: (1) July 28, 2009 City Council Agenda Report (2) Plans and Specifications (3) Summary of Received Proposals (4) Maintenance Services Contract (5) Dunn and Bradstreet Report - Great Cleaning Services, Inc. ATTACHMENT 1 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER OA 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. ?D APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting July 28, 2009 Pape 2 of 2 Proiect 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 3rd 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: " Chris Marcarello 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 ATTACHMENT. 2 CITY OF ROSEMEAD REQUEST FOR PROPOSAL RFP No. 2009-0 Janitorial Services For Various City Facilities July 2009 Submittal Deadline: 2009 PLEASE-NOTE;,:MANDATORY PRE-BID SITE INSPECTIONS 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 JanitoriabServices - 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 2 Request For Proposal - Janitorial Page 3 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 3 Request For Proposal - Janitorial Page 4 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. 4 Request For Proposal - Janitorial Page 5 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. 5 Request For Proposal - Janitorial Page 6 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. 6 Request For Proposal - Janitorial Page 7 SCOPE OF WORK 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. 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. Request For Proposal - Janitorial Page 8 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, 8 Request For Proposal - Janitorial Page 9 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. 9 Request For Proposal - Janitorial Page 10 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. 10 Request For Proposal - Janitorial Page 11 LIST OF ATTACHMENTS Attachment A Maintenance Facilities/ Parks/ Buildings and Locations Attachment B Bid.Unit Prices Attachment C Maintenance Frequency Schedule Request For Proposal - Janitorial Page 12 ATTACHMENT A Maintenance Facilities/ Parks/ Buildings Building/ Facility/ Park Address 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 Pl. 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 12 Request For Proposal - Janitorial Page 13 ATTACHMENT B 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. 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 scift 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. 13 Request For Proposal - Janitorial Page 14 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 LLI H J Q LL Z V/ Y Q a H LL W lLl Cl) J Q 0 Z Q O LL CL LL w W O t+ U c U O N J ~ 0 r ' 0 V O e'1 ~1 eat r Y N P P C M r V r N + P~''Y c. V m ~ O V O r m Y N n P r - r r C~ g~ O O Y 7 Y ~ N V W M N O r d,. N ^ G\ 00 `r 0 ~ 0 C N O o y; c= N O r N N ( O P O 00 00 G1 C, C v~ r. cti ai H N N w C G~ U Gr.. U C~ GC\ ' .~i ~ cc U U C C ~ U 1 C Q ! CL C C - v, •r. L :3 V C/D V) M O N Q ^ y o o ms' ? n ' E . u N V v gC u -j _ U ON V : ) v =d; p y; V V] Q U U U v C O , o -t4 C; ~ U C: r u 1 .D ~ ~ Y r^ O C r- Q r- O M r+ 7 a-+ ~ 00 '3 V) O O d' N P P S im Y PUS =0' V U U rL u U c' C m O u y a F V V O U V) U C 'G V u U C E; P r [ C F O .vn O U y -p O 7 C 'i C ca a O U a m U z U N cn1 7 u~ V t` W C\ O N M c` to Jill I 0 N N r 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'=organized and validly existing under the laws of a the State of California with the power.-to carrry on its business as it is now being conducted under the statutes of the State of e 1 forma. B. City desires to engage the Contractor to providejanitorial maintenance services to the City. C. Contractor possesses the skills, experience, ability, background, certification and knowledge~to provide the services described in this Agreement. D. City has sblicited and received a proposal from Contractor, has reviewed the previous experience and evaluated?the,expertise of Contractor, and desires to retain Contractor to render janitona1,\~matntenance;services 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 'the optional two (2) years. In determining whether the Agreement should be extended terminated, the City will evaluate the performance of the Contractor and determine whether~he Contractor's performance is satisfactory. In addition, the City reserves the right to1unilaterally terminate the Agreement at any time upon thirty (30) days written notice to the Contractor. 15 case of a dispute in the meaning of any clause within this Agreement, the City shall have thafn-al'authority in the interpretation of such clause, as long as it is reasonable. 61~I New additional janitorial maintenance needs, as developed or assumed by the City, may be 4.\ added to the maintenance Agreement:,_Such additional scope of work will be considered change orders to the initial Agreement, and',the value will be based on unit prices provided in .l Exhibit D, if applicable, and/or nego ttiated between-the two parties of the Agreement. 2. SCOPE OF SERVICES v ' A. In compliance with all terms and conditions of this Agreement, Contractor shall perform the janitorial and maintenant rservices specifically described in, and in strict compliance with the requirements of Exhibit A (Scope of Work), which services may be re a ed 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 avleast as frequently as specified in Exhibit C (Maintenance Frequency t: ?Schedule). TfieCity shall have the right to alter the frequency of maintenance as necessary to ensure highest industry standards of maintenance, as long as the total ho is 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 rema ni s the same. Maintenance unit prices and costs are contained in Exhibit D ( Bid Unit 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 2 Janitorial Maintenance Agreement Page 3 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 to properly perform contract services. Z, v 4. 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 commuritcate effectively in English (both orally . and in writing). Any order given to supervisory ,personnel shall be deemed delivered to the Contractor. The supervisor(s) assigned Must dentified by name(s) to ensure Z, C-4 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./X . \ _A E. Contractor shall provide an,Qperations Manager to coordinate work with the City Administrator and;ens<ure satisfactory performance of contract services. 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, 3 Janitorial Maintenance Agreement Page 4 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. third and fourth anniversary effective date o1 adjusted in proportion to the change in t IV, Los Angeles, Riverside, Anaheim, at the umm Subsequent to the initial three-year contract, ;if'thhe 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 independent 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 or•.employees`of City. Contractor shall have the responsibility for and control 1 1 over the means oRperforming the work, provided that Contractor is in compliance with the terms of this Agreement.,. „ 8. A. Contractor shall advise 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 4 Janitorial Maintenance Agreement Page 5 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 anykmd andnature whatsoever which may arise from or in any manner related to any work performedbr services provided under this Agreement. 11. INSURANCE AND PERFORMANCE BOND 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 below, and in a form satisfactory to City. A. Certificates of Insurance\Contractor shall provide certificates of insurance with original endorsements to City%as evidence of the insurance coverage required herein. Insurance certificates must be\approved~by City-prior to commencement of services. Current certification of insurance,shall 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 the State of California and approved by the City. i. Workei•s't Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her \do-la mploy ees in accordance with the laws of the Stale of Califomia; however, in no evensha11 the Employer's Liability Insurance be less than one million rs I 1,000,000) per occurrence. Any notice of cancellation or non- re a a 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: 5 Janitorial Maintenance Agreement Page 6 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. 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 thrs policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days of a written Notice reeceivved by City. vi. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kr ds~of insurance, which in its own judgment may be necessary for its proper-projection and prosecution of the work. d1'✓ D. PERFORMANCE BOND Concurrentlyy-06th execution of this Agreement, Contractor shall deliver to the City a perform a ce bond iiithe sum of the amount of this Agreement, which secures the faithful p H6nnance of this Agreement. The bond shall contain the original notarized signature of an-a uthorrzefl~officer_oC the surety, and affixed thereto shall be a certified . i and current copy of his power:.of attorney. The bond shall be unconditional and remain in force dunng%the entire term of the Agreement and shall be null and void only if the Contracto~-promptly 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 6 Janitorial Maintenance Agreement Page 7 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 o Standards Act. 15. 16. provisions of State and Federal law Labor Code and the Federal Fair Labor B. Whenever Contractor has knowledge that`t5riy'actual or potential labor dispute is delaying or threatens to delay the timely perfofmanance of this Agreement, Contractor shall immediately give notice to City, including all4 levant information. City reserves the rig}irto-employ other contractors in connection with this project. A. In the event Contraetorfails-or _refuses to timely perform any of the provisions of this Ageemem in the manner required or if Contractor violates any provisions of this K(.agre me aL.Gontr ctonshall be deemed in default. If such default is not cured within period of two (2) workihedays, or if more than two (2) working days are reasonably required to cure~the defa It and Contractor fails to give adequate assurance of due perfonnance within two (2) working days after Contractor receives written notice of defa\tJrom City, City may terminate the Agreement forthwith by giving written notice. Gitymmay. in addition to the other remedies provided in this or authorized by law, terminate 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. 7 Janitorial Maintenance Agreement Page 8 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 14-- If any legal action is necessary to enforce any provision of tliis"`Agreement or for damages by reason for an alleged breach of any provisions of this ~_-A,.greement, the parties agree that attorneys' fees shall not be recoverable b the prevail in 4f a 18. COMPLIANCE WITH THE LAW e All services rendered hereunder by Contractor shall be provided?ih,accordance with all . ordinances, resolutions, statutes, rules, and regulations of the City, State?'Federal or local governmental agency having jurisdiction in effect at the time the servic sra e rendered. The Contractor shall have in his/he. issued by the State Division of I 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 ition - e Contractor shall provide all safeguards and °w iction necessary to protect the health and safety of their t' ",:4- the public in connection with the employe nd t_, 19. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoeve 5Rween the parties and all preliminary negotiations and agreements of whatsoever kin'd+orenature are merged in this Agreement. No verbal agreement or implied co enant shall be h Ito vary the provisions hereon. In case of a dispute in the meaning of anclause within thisMgreement, the City shall have the final authority in the interpretation of such'clause, as long snit is reasonable. 20. AMENDMENeIIS/ CHANGE UKDEKS This AgreementNmay be modified or amended only by a written document, an amendment or a change order, ez cuted 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. 8 Janitorial Maintenance Agreement Page 9 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. Exhibit E Contractor's Proposal and Request For Proposal (RFP) LIST OF EXHIBITS Exhibit A Scope of Work Exhibit B Maintenance Facilities/Parks/ Buildings Exhibit C Maintenance Frequency Schedul Exhibit D e Bid Unit Prices 9 Janitorial Maintenance Agreement Page 10 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: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 10 Janitorial Maintenance Agreement Page I I 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: J4 N~ 1. 2. 3. 4. 5. 6. 7. 8. 2. S1 Complete janitorial services and general buildingrrtaintenance 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, cleaning shall not start earlier than thirty (30) minutes after the end of normal business1hours 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 ug~Thursday. No Saturday or Sunday janitorial work is to be scheduled without per mission 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. Janitorial Maintenance Agreement Page 12 C. In the event an evening meeting is being conducted in a facility, the Contractor e 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. The Contractor shall maintain a/schedule for quarterly interior and exterior window washing and provide to the~,City 5;- opy of the scheduled work a minimum of 2 weeks in advance, and a opy~ 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-oMhi's,RFP/ ensuing contract and at the, highest quality standards of work. Therefore, deductions (liquidated damages) for tasks not completed or not satisfa o ily\complei d shall be made in accordance with the schedule detailed herein. \1 X/- ~ B. City staff shall coritaci`the Contractor by telephone, fax, or email to notify them of performance issues.V y" 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. 12 Janitorial Maintenance Agreement 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 nonperfoitmance within a 12- month period, the City, at its discretion, may begin default proceedings. i.a 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 Damaees - Failure of the Contractor\o~~pond to reported problems within the time limits established above shall result iNn ihe•following deductions from invoiced payments: a) Major problems not responded\i 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 cleaning for the entire building experiencing the problem; c) Nonperformance 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 in a 10% deduction of the total monthly contract cost. e) Inspeclion.r portrt;(completed by City staff) for a one-month period will be reviewed 11 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. 13 Janitorial Maintenance Agreement Page 14 EXHIBIT B Maintenance Facilities/ Parks/ Buildings Building/ Facility/ Park Address Approx. Sq. Annual Footage 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. MuscatePJvc. t. 18 000 Center (daily- 7 times/ week) - \ including 3 men's restrooms, 3 women's -I - etc. restrooms, ' 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) - 7-900-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/ week) - 4343 En. einita Ave. 5,500. Including 6 men's restrooms, 5 women's restrooms 1 men-'s-shower, 2 women's showers, 1 men s I'ocker,room, I women' ~r locker room, etc. 6 Public Sa1166'Center (dailyN -5 limes/ 8301 Garvey Ave 5.200 week) - Including 2 men's res r ooms, 2 4 I women's restrooms (rd 7 omplc)V'Park Jess Gonzales SpcNts6 8471 Klingerman Ave. 350 \ (daily - 7 times/ week) Including 1 men's restrooms, I 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, l women's restrooms TOTALS: 83,100 14 Janitorial Maintenance Agreement Page 15 EXHIBIT C Maintenan ie Frequency Schedule FUNCTION Office Buildings 4 times/ week, except Public Safety bldg. (5x/ week) Community Centers 7 times4we`ek~ Park Facilities 7 times) week 15 Janitorial Maintenance Agreement Page 16 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 accordanbe with specifications or otherwise herein specified. v\ -,:•-'Workmanship shall be in accord with the besNtandard practices. FUNCTION COST/UNIT 1. Gene ra1'janito`iahservices at City office/ recreation facilities 100 sq.ft. 3. Floor 4. Window/ 5. Dust removal and fixture cleaning 6. Restroom-cleaning (i.e. 1 toilet bowl, I urinal and 1 sink - Including refilling all dispensers, soap, toilet paper and paper towels) 7. Other janitorial-related services 100 sq.ft. 160 sq.ft. 100 sq.ft. 100 sq.ft. 100 sq.ft. 16 ATTACHMENT 3 ANNUAL JANITORIAL SERVICES Request For Proposals Proposal Results CONTRACTOR LOCATION ANNUAL COST EXPERIENCE WITH OTHER CITIES 1 Great Cleaning Services, Inc. Irvine, CA $ 114,780 Arcadia, Whittier, Mission Viejo, etc. 2 Come Land Maintenance, Co. Los Angeles, CA $ 133,500 Azusa, West Covina, Target Corp., etc. 3 Certified Building Services Covina, CA $ 201,840 Atlas Carpet Mills, Elmco Duddy, State of CA Air Resources Board, etc. OWM9 ATTACHMENT 4 CONTRACT SERVICE AGREEMENT FOR JANITORIAL SERVICES THIS AGREEMENT, entered into this day of 120, ("Commencement Date") by and between the City of Rosemead, a Municipal Corporation ("City"), and ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California. 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 to provide the services described in this Agreement. D. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render janitorial maintenance services 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. 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 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 Contractors performance is satisfactory. In addition, the City reserves the right to unilaterally 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 final 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 Agreement, and the value will be based on unit prices provided in Exhibit D, if applicable, and/or negotiated between the 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 maintenance services specifically described in, and in strict compliance with the requirements of Exhibit A (Scope of Work), which services may be referred 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 at least as frequently as specified in Exhibit C (Maintenance Frequency Schedule). The City shall have the right to alter the frequency of maintenance as necessary 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 remains the same. Maintenance unit prices and costs are contained in Exhibit D ( Bid Unit 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 2 Janitorial Maintenance Agreement Page 3 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 to properly perform contract services. C. The workforce shall include thoroughly skilled, experienced and competent supervisor(s) who shall be responsible for adherence to the specifications. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor(s) assigned must be identified 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 or reassigned by the Contractor on fifteen (15) days notice from the City. E. Contractor shall provide an Operations Manager to coordinate work with the City Administrator and ensure satisfactory performance of contract services. 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 $ 114.780.00 per year ("Contract Amount") to perform all of the work and services contemplated by and described in Exhibits A through D, 3 Janitorial Maintenance Agreement Page 4 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, and if the option for renewal is exercised at the third and fourth anniversary effective date of the Agreement, the Agreement amount shall be adjusted in proportion to the change in the Consumer Price Index - All Urban Customers, Los Angeles, Riverside, Anaheim, at the time, subject to a 2.5% maximum increase per year. 7. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent Contractor basis and Contractor is not an agent or employee of the City. The manner 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 or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. 8. PROPERTY AND EQUIPMENT DAMAGE A. Contractor shall advise 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 4 Janitorial Maintenance Agreement Page 5 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 kind and nature whatsoever which may arise from or in any manner related to any work performed or services provided under this Agreement. 11. INSURANCE AND PERFORMANCE BOND 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 below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City prior to commencement of services. Current certification of insurance shall 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 the State of California and approved by the City. C. Coverage Requirements. Workers' 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 event shall the Employer's Liability Insurance be less than one million dollars ($1,000,000) 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: 5 Janitorial Maintenance Agreement Page 6 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. 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 this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days of a written notice received by City. vi. Addilional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. D. PERFORMANCE BOND Concurrently with execution of this Agreement, Contractor shall deliver to the City a performance bond in the sum of the amount of this Agreement, which secures the faithful performance 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 and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly 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 6 Janitorial Maintenance Agreement Page 7 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 applicable provisions of State and Federal law including, applicable provisions of California Labor Code and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any 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 all relevant information. 15. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 16. TERMINATION/DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working 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 notice. City may, in addition to the other remedies provided in this or authorized by law, terminate 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. 7 Janitorial Maintenance Agreement Page 8 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 this Agreement or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the prevailing party. 18. COMPLIANCE WITH THE LAW All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City, State, Federal or local governmental agency having jurisdiction in effect at the time the services are rendered. The Contractor shall have in his/her possession and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws, ordinances and regulations. The Contractor shall provide all safeguards and protective devices and take any other action necessary to protect the health and safety of their employees on the job, safety of City employees and the public in connection with the performance of the work required by this Agreement. 19. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. In case of a dispute in the meaning of any clause within this Agreement, the City shall have the final authority in the interpretation of such clause, as long as it is reasonable. 20. AMENDMENTS/ CHANGE ORDERS This Agreement may 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. 8 Janitorial Maintenance Agreement Page 9 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 Scope of Work Exhibit B Maintenance Facilities/Parks/ Buildings Exhibit C Maintenance Frequency Schedule Exhibit D Bid Unit Prices Exhibit E Contractor's Proposal and Request For Proposal (RFP) 9 Janitorial Maintenance Agreement Page 10 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 GREAT CLEANING SERVICES, INC. Approved by: Jeff Allred Signature City Manager By: Name of Officer of Company ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 10 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: 1. Complete janitorial services and general building maintenance at City facilities. 2. Solid waste collection/ removal 3. Floor cleaning for carpet and hard surface flooring 4. Restroom cleaning 5. Refilling all dispensers, including soap, toilet paper, paper towel and seat cover dispensers. 6. Dust removal and fixture cleaning 7. Glass/ mirror cleaning 8. 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. 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. 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. 12 Janitorial Maintenance Agreement 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. 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. 13 Janitorial Maintenance Agreement Page 14 EXHIBIT B Maintenance Facilities/ Parks/ Buildings I Building/ Facility/ Park Address Approx. Sq. I Annual Footage 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 Pl. 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/ week) - 4343 Encinita Ave. 5,500 Including 6 men's restrooms, 5 women's restrooms 1 men's shower, 2 women's showers, 1 men's locker room, 1 women' locker room, etc. 6 Public Safety Center (daily- 5 times/ 8301 Garvey Ave 5,200 week) - Including 1 men's restroom, 1 women's restroom 7 Jess Gonzales Sports Complex/ Park 8471 Klingerman Ave. 350 (daily - 7 times/ week) - Including 1 men's restroom. 1 women's restroom 8 Sally Tanner Park (daily - 7 times/ 8343 E. Mission Drive 400 week) - Including 1 men's restroom, 1 women's restroom 9 Zapopan Park (daily - 7 times/ week) - 3018 N. Charlotte Ave. 200 Including 1 men's restroom, 1 women's restroom TOTALS: 83,100 14 Janitorial Maintenance Agreement Page 15 EXHIBIT C Maintenance Frequency Schedule FUNCTION FREQUENCY Office Buildings 4 times/ week, except Public Safety bldg. (5x/ week) Community Centers 7 times/ week Park Facilities 7 times/ week Stripping/ Waxing/ Sealing of Tile Floors (Approx. 24,000 sq. ft) at Various Locations (Including Restrooms). 3 times/ year Major Kitchen Cleaning at the Garvey Community Center (kitchen area approx. 1,200 sq.ft.) and at the Rosemead Communit Center (approx. 300 sq. ft) 2 times/ year 15 Janitorial Maintenance Agreement Page 16 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 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 2. Floor cleaning for carpet 3. Floor cleaning for hardwood 4. Window/ glass cleaning 5. Dust removal and fixture cleaning 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. 100 sq.ft. 100 sq.ft. 100 sq.ft. 100 sq.ft. 100 sq.ft. 16 D&B Comprehensive Insight Plus Report: GCS INC ATTACHMENT 5 Small Business Comprehensive Insight Plus Report for D-U-NS #:01-221-9271 GCS INC Solutions Report Printed: September 16, 2009 1 Print this report 10 To save this report to your PC: Select File and then Save As fr om the browser menu bar. Click on the Save in: drop-down menu and select a location for your file. Enter a file name and save the report as a ntml or bd file. Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead Company Snapshot Creditworthiness Payment H'storv & Trends Public Filings History & Operations Bank'na & Finance Company Snapshot Business Summary Profile GCS INC Likelihood this company will not pay on MODERATE er- time over the next 12 months 14252 Culver Or Ste A Irvine, CA 92604 Credit Score Class: 3 Tel: UNKNOWN O-U-NS 01-221-9271 1 2 3 4 5 D&B Rating: DS Low Moderate High Company Slats Year incorporated 2006 Likelihood this company will experience LOW r7, Year started 2007 financial distress in the next 12 months LJ Employees UNDETERMINED Financial Stress Class: 1 Manager Luis Mejia , Prin S.I.C. 7699 ■ '+`r 17 PnN " ~ Industry ~ ..abdxr ~ a . ' 1 2 3 4 5 Repair services Low Moderate High This is a single location. Timeliness of historical payments for PROMPT Wy~i - The Net worth amount in this section may have been this company adjusted by D&B to reflect typical deductions, such as D&B PAYDEX& BO certain intangible assets. A~I~~ 100 D Anticipates Prompt 30 120 days slaw daysslow Industry benchmark: Prompt "Based on 3 trade experiences on file mh D&B Payment performance trend over the past 90 days UNCHANGED D&B offers guidance on credit limits for this company based on its profile as well as profiles of other companies similar in size, industry, and credit usage Get details Evidence of bankruptcy, fraud, or criminal proceedings in the history of this business or its management NIA i l t i thi ' fil NO even n s company s e Noteworthy spec a s Total number of suits, liens and judgments in this companyis file 0 W J $O W Value of open suits, liens and judgments for this company Value of open records refers only to 10 most recent filings for each record type Company Snapshot Creditworthiness Payment History & Trends Public Filings H'storv & Operations Banking & Finance Creditworthiness Summary https:Hsmallbusiness.dnb.com/ePlatformlservletIViewReport?orderItemld=106234103 &do... 9/16/2009 D&B Comprehensive Insight Plus Report: GCS fNC Likelihood this company will LOW experience financial distress in the next 12 months Likelihood this company will not MODERATE & pay on time over the next 12 , months Default on Payment: Financial Stress Summary D&B Rating: DS The DS rating indicates that the information available does not permit D&B to classify the company within our rating key. For more information, see the D&B Rating Key. Likelihood this company will LOW L, Key Factors experience financial distress in L~J - 3 trade experiences exist for this company. the next 12 months - Financial Stress Score: 1392 (high risk: 1,001;low risk: 1,875) Financial Stress Class: 1 - Payment information in the D&B files indicates no slow payment(s) nor negative comment(s). No record of open suit(s), lien(s), or judgment(s) in the D&B files. 1 2 3 4 5 Low Moderate High During the prior year, firms in this Financial Stress Class had a failure rate of 1.2%, which is 0.46 times lower than the national average. Financial stress national percentile: 58 (high risk: 1%; low risk: 100%) National percentile industry norm: 47 (high risk: 1%; low risk: 100%) Payment within Terms: Credit Score Summary Likelihood this company will not MODERATE L Key Factors pay on time over the next 12 - 3 trade experiences exist for this company. months - Payment information in the D&B files indicates no slow Credit Score Class: 3 payment(s) nor negative comment(s). 1 2 3 4 5 Low Moderate High The Credit Score class of 3 for this company shows that 14.3% of fines with this classification paid one or more bills severely delinquent, which is lower than the average of businesses in D&B's database. Credit score percentile: 68 (high risk: 1%; low risk: 100%) Industry norm percentile: 46 (high nsk: 1%; low risk: 100%) Additional Information Financial Stress Summary - The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. - The Incidence of Financial Stress shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors. The Incidence of Financial Stress - National Average represents the national failure rate and is provided for comparative purposes. - The Financial Stress National Percentile reflects the relative ranking of a company among all scorable companies in D&B's file. - The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance . -All Financial Stress Class, Percentile, Score and incidence statistics are based on 2004. Credit Score Summary - The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 90 days past due or more by creditors. The calculation of this value is based on an inquiry weighted sample. - The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a lower risk of paying in a severely delinquent manner than 79% of all scomble companies in D&B's files. Company _Snapshot Creditworthiness Payment Histo_ry_& Trends Public Filings HistcH & Operations Banking Finance Page 2 of 6 https://smalibusiness.dnb.com/ePlatform/servlet/V iewReport?orderltemld=106234103&do... 9/16/2009 D&B Comprehensive Insight Plus Report: GCS INC Payment History Summary Average payment performance trend UNCHANGED) Company's payment performance over the when weighted by dollar amount past 12 months compared with its peers Payment History Overview Payment experiences on file with D&B: 3 ! Average highest credit: Payments made within terms: 3(100%) Largest high credit: Amount placed for collections: 0(0%) j Highest now owing: Highest past due: Historical Payment Trends: PAYDEX® - Average payment performance trend when weighted by dollar amount Last 3 months: Trend is unchanged UNCHANGED MIXED $1,416 $2,500 $2,500 $0 Last 12 months: Generally within terms D&B PAYDEX®: 80 Industry benchmark: Prompt 100 0 Anti ci p ates P ro m pt 30 120 daysslow daysslow Based on payments collected over last 12 months. Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc. Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Historical Payment Trends: PAYDEX® Comparison to Industry Company's payment performance over the past MIXED 12 months compared with its peers This company's 12-month high: 80, or equal to generally within terms This company's 12-month low: 73, or equal to 11 days beyond terms x W T Q 6 100 10108 11108 12108 01109 02109 03109 04109 05109 08109 0M - This Company ■ Industry Benchmark Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Repair services, based on SIC code 7699. Payment History Details Date Reported I Paying Record I High Credit Now Owes I Past Due I Selling Terms I Last Sale Within 07/09 Prompt 2,500 2,500 0 1 107/09 Prompt 1,000 0 J 12-3 06109 (003) 750 1 i I Satisfactory. , Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond terms can be the result of dispute over merchandise, skipped invoices, etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously Page 3 of 6 https:Hsmallbusiness.dnb.com/ePlatform/servlet[ViewReport?orderltend d=106234103 &do... 9/16/2009 D&B Comprehensive Insight Plus Report: GCS INC reported. Payment Analysis By Industry Company's dollar-weighted payments listed by the primary industries of its suppliers Total Received Total Dollar Largest Within Slow1-30 Slow31- Slow61- Slow W) Amount($) High Credit Terms 60 90 91* - of dollar amount) Industry Misc business service 2 Misc general gov't 1 Other payment categories Cash experiences 0 Payment record unknown 0 Unfavorable comments 0 Placed for collection With D&B 0 Other 0 Total in D&B's file 3 3,500 2,500 100 750 750 100 0 0 0 0 0 0 0 0 N/A 0 4,250 2,500 0 0 0 0 0 0 0 0 There are 3 payment experiences in D&B's file for the most recent 12 months, with 3 experiences reported during the last three month period. Company Snapshot Creditworthiness Payment H story 8 Trends Public Filings Hi;lgr) $D rations Banking Finn Public Filings Summary of Court Actions The following data includes both open and closed filings found in D&B's database on the subject company Record Type Open Records Open Value Total Records Most Recent Filing Date Suits 0 0 0 - Liens 0 0 0 - Judgments 0 0 0 - UCC Filings 0 N/A 0 - Bankruptcy Proceedings 0 N/A 0 - Public filing data is for informational p urposes only and is not the official record. Cenified copies can only by obtained from the official source. Number and value of open records refers only to 10 most recent fil ings for each record type. Company_Snapshot Creditworthiness Patent History 8 Trends Public Filings History8 Operations Banking & Finance History & Operations Topic Description History Detailed information on the history of a company, including background information on the management team and key principals, and information on related companies. Registration & Detailed registration and incorporation information, including the date and state of incorporation and the type Incorporation of corporation formed. Company Operations Detailed information on a company's operations, including the identity of the parent company, the geographic scope of the business, and the key holdings. Industry Classification Details on the specific industry within which a company is classified. History - - - - Business started 2007. Page 4 of 6 https://smallbusiness.dnb.com/ePlatfo=/servlet/V iewReport?orderltem I d=106234103 &do... 9/16/2009 D&B Comprehensive Insight Plus Report: GCS INC Registration & Incorporation Registered Name: Gcs, inc. Business Type: Corporation Corporation Type: Profit Date incorporated: October 17, 2006 State of incorporation: California Status: Active Filing Date: October 17, 2006 Registration ID: C2905035 Where filed: SECRETARY OF STATE/CORPORATIONS DIVISION, SACRAMENTO, CA Registered Agen t: LUIS MEJIA, 14252 CULVER DR STE A, IRVINE, CA, 926040000 Principals: LUIS MEJIA, PRESIDENT, 14252 CULVER DR STE A, IRVINE, CA, 926040000 Corporate and business registrations provided by management or other source. Company Operations Description: Employees: Facilities: Industry Classification Repairs cleaning services. UNDETERMINED. Occupies premises in building. SIC NAICS 76991700 Cleaning services 561790 Other Services to Buildings and Dwellings Based on information in our file, D&B has assigned this company an edended 8-digtt SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digil code. The 4-digit SIC numbers link to the description on the Occupational Safety & Heath Administration (OSHA) Web site. Links open in a new browser window. Company Snapshot Crgd worthiness P3V~n!_Histo➢'$?eno$ Puhli Filings History & Operations Banking & Finance Banking & Finance Key Business Ratios D&B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business. Industry Norms based on 232 establishments This Business Industry Median Industry Quartile Profitability Return on Sales UN 2.9 UN Return on Net Worth UN 18.7 UN Short-Term Solvency . Current Ratio UN 2.2 UN Quick Ratio UN 1.3 UN Efficiency Assets Sales UN 35.0 UN Sales / Net Working Capital UN 7.4 UN Utilization Total Liabilities / Net Worth UN 89.8 UN UN = Unavailable Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance Customer Service Page 5 of 6 https://smallbusiness.dnb.comlePlatformiservlet[V iewReport?orderItemld=106234103&do... 9/16/2009 D&B Comprehensive Insight Plus Report: GCS INC Page 6 of 6 C Need help? Call Customer Service at (800) 333-0505, Monday through Friday, 8:00 AM to 6:00 PM Local Time. / Print this report / To save this report to your PC: Select File and then Save As from the browser menu bar. Click on the Save in: drop-down menu and select a location for your file. Enter a file name and save the report as a html or.txt file. Copyright 2004 Dun & Bradstreet- Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead https:Hsmal Ibusiness.dnb.com/ePlatform/servlet/V iewReport?orderltemld=106234103 &do... 9/16/2009