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CC - Item 4B - Janitorial Services for Various City Facilities - Award of ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 13, 2015 SUBJECT: JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES — nwenn nF CONTRACT SUMMARY The City of Rosemead utilizes the services of an outside contractor to perform routine janitorial maintenance at various City facilities, including administration buildings, community centers, and parks. The scope of work for the contractor entails the day -to- day cleaning of the listed city facilities; consisting of dust removal, cleaning of restrooms and floor surfaces, the removal of trash, and other cleaning services to maintain the facilities in top condition. The current contract, which was for three years with two additional one -year options, has expired and Great Cleaning Services, Inc. has continued maintaining the facilities through a month to month agreement, while a procurement process was completed. A request for proposals (RFP) was issued by staff in November 2014 and on December 10, 2014 the City received eight (8) proposals for Janitorial Services. Staff has reviewed all proposals for completeness, understanding of the scope of work, experience and cost. Staff Recommendation It is recommended that the City Council authorize the City Manager to enter into a contract with United Maintenance Systems, Inc. to provide Janitorial Services for Various City Facilities at a cost not to exceed $ 103,680.00 for a period of three (3) years, with an option to renew for the following two (2) years. BACKGROUND The City utilizes an outside contractor to perform routine janitorial maintenance at various City facilities, including administration buildings, community centers, and parks. The scope of work for the contractor entails the day -to -day cleaning of the listed city facilities; which consists of dust removal, cleaning of restrooms and floor surfaces, the removal of trash, and additional cleaning services to maintain the facilities in top condition. The contractor is responsible for daily maintenance at the following facilities: . Administration Buildings: City Hall and Public Safety Center nmm NO. R City Council Meeting January 13, 2015 Pace 2 of 3 Community Centers: Rosemead Community Recreation Center and Garvey Community Center Parks: Rosemead, Garvey, Sally Tanner, and Zapopan Parks, and Jess Gonzalez Sports Complex In addition to the day -to day - cleaning, the contractor provides supplemental services including quarterly window, carpet, and hard surface floor cleanings to maintain the cleanliness and appearance of all facilities. The contractor is responsible for providing all staff and materials necessary to provide the janitorial services as described as well as all consumable products (i.e. toilet paper, paper towels, etc.) for all restrooms that are serviced under this contract. As the current contract was nearing expiration, staff began development of an RFP for a new janitorial services contract. During the development of the document, staff augmented the scope of work, requiring greater services than are included in the current contract to ensure the greatest level of cleanliness in all City facilities. The RFP was released in November 2014 through a number of channels. The notice of the RFP was posted on the City website and advertised in local newspapers, as all City bid documents are. Additionally, Staff contacted firms that were interested in the previous procurement as well as firms that responded to recent janitorial RFPs in other nearby cities. On December 3, 2014, a mandatory site inspection and pre -bid conference was attended by nine (9) interested firms. On December 10, 2014, the City Clerk received eight (8) sealed proposals for Janitorial Services for Various City Facilities. Staff reviewed all proposal for completeness, understanding of the scope of work, experience and cost. Included below is a summary of all proposals received, organized by total annual cost. Rank Firm 1 United Maintenance Systems, Inc. 2 Golden Touch Cleaning, Inc. 3 Merchants Building Maintenance, LLC 4 Lincoln Training Center 5 General Building Management Co. 6 US Metro Group, Inc. 7 Uniserve Facilities Services 8 Dedicated Building Services Location Los Angeles, CA Irvine, CA Pomona, CA South El Monte, CA Los Angeles, CA Los Angeles, CA Commerce, CA Studio City, CA Annual Cost $ 103,680.00 $ 114,358.80 $ 128,731.87 $ 138,912.00 $ 182,280.00 $ 191,745.00 $ 195,717.48 $ 210,266.76 After reviewing all submitted proposals and investigating the contractors' backgrounds, staff finds United Maintenance Systems, Inc. to be the lowest, responsive proposer. United Maintenance Systems, Inc. has been in the janitorial services business for more than twenty-three (23) years and currently services a number of local cities, including the Cities of Baldwin Park, Pomona, Sierra Madre, Glendora, Downey, and Signal Hill, as well as other public facilities, including Cal State University Los Angeles. City Council Meeting January 13, 2015 Page 3 of 3 Additionally, United Maintenance Systems previously contracted with the City of Rosemead for these services prior to the RFP in 2009. Contract Execution Upon Council approval, the City Manager will enter into a contract with United Maintenance Systems, Inc. to provide janitorial services for a three year term. It is anticipated that the new contract will begin on March 1, 2015. FINANCIAL REVIEW Funding for this contract is included in the annual maintenance and operations budget for Fiscal Year 2014 -15 under the Public Works Department, Facility Maintenance Division. Prepared by: C/ °�/ Sean Sullivan Acting Public Works Manager Submitted by: Matt HawkesW rt Assistant City Manager /Acting Director of Public Works Attachments: 1. Request for Proposal Documents (Available in City Clerk's Office) 2. Summary of Proposals Received 3. Proposal from United Maintenance Systems, Inc. 4. Professional Services Agreement curie vu a t¢ wars. osparvnmr City of Rosemead drol ldl Services for Various City Facilities RFP No. 2014 -13 Proposal Analysis 1 Cm Hall Elad $ 980.00 $ 1176000 2 Rosemead Community R¢RedLOn Center _8838E.Valley 3936 N. $ 1 900 00 5 22,800 00 3 Garvey ity Cenl¢r e, Avenue 9938 Garvey Avenue '.$ 1950.00'.5 23,40000 4 Park Garvey Park 7933 Emerson Place $ 1.650 00 5 19,000 00 5 Rorki Park 4343 E la Ave $ 050.00 5 10,20000 0343 E. Mission Drive f Public 5afety Center 8301 Ga ey Avenue nu $ 325.00 5 3,900.00 7 8 Jess Gonzalez Sports Complex _. 04]1KIb $ 325.00 $ 3,900.00 e Sall Tanner Park 343E 8 Mss On Dry Dnve $ 340D0 $ 4,080 00 9 (Zapopan Park 3100 Charlotle '$ 320.00 $ 3,840.00 ] Jess Gonzalez Sports Complex 8471 Klingerman ' f 8,649.00 - $ 103,660.00 8 Total Base Bid Price: $ 103,680.00 $ 525.00 $ 6,300.00 1 '., City Hall 8838 E. Va ley Blvd 2 .Rosemead Community Recreation Center 3936 N. Muscatel _S $ 3 Garvey Community Center 9108GOrke Avenue $ 4 Garvey Park - 7933 Emerson Place _ $ 5 Rosemead Park 4343 Fran To Ave $ 6 Public Safety Center 8301 Garvey Avenue $ ] Jess Gonzalez Sports Complex 84]1 Kingerman $ 8 -Sall Tanner Park 0343 E. Mission Drive $ 9 Zapopan Park 3108 Chandra $ 4 Garvey Park 7933 Emerson Place $ -$ 21,00000 Total Base Bid Price: $ 114,356.80 Rosemead Pak 1 City Hall 2 Rosemead Community Recreation Center 3 Garvey Community Center 4 Garvey Park 5 Rosemead Park 6 Public Safe Center 7 Jess nn Sports Complex 8 Ball Tanner Park er 9 .Zapopan Pak Total Be.. Bid Price: 971 Klingerman $ 425.61 $ 13 E. Miseen mve $ 40846 $ 3108Chabdite $ 30525 $ $ 10,727.66 $ $ 128,131.87 Bid schedule Facility Address Mori Annual 1 City Hall 8838 E Valley Blvd $ 1,50000 $ 10,000.00 2 Rosemead Community Recreation Center 3936 N. Muscatel S 2,018.00 S 24,192.00 3 Garvey Community Center 9108 Garvey Avenue $ 2,50000 $ 3000000 4 Garvey Park 7933 Emerson Place $ 175000 -$ 21,00000 5 Rosemead Pak 4343 End ito Ave $ 1,610.00 $ 19 ,32000 6 Public Safety Center 8301 Garvey Avenue $ 67500 $ 8,10000 ] Jess Gonzalez Sports Complex 8471 Klingerman $ 50000 -$ 6,00000 8 Sall Tanner Park 8343 E. Mission Dove $ 525.00 $ 6,300.00 9 Zapopan Park 3108 Charlotte $ 500.00 $ 6,00000 $ 11,578.00 $ 138,912.00 Total Base Bid Price: $ 138,912.00 Pagel of 2 PuLIie AdWA xtl WOM1f OepaNnenl 1 City Hall 8838 E Valley Blvd $ 199200.$_ ^24,12120 2390400 2 Rosemead Community Recreation Center - 3936N Muscatel $ 198400 t8 23,808.00 3 Garvey Community Center 9106 Ga ey Avenue $ 2,331.00 l$ 27,97200 4 Garvey Park _ _ 7933 E rson Place $ 1,830 00 $ 1956000 5 Rosemead Park _ _ _ 4343 Encumb, Ave $ 245100 $ 29.41200 6 Public Safety Center 8301 Garvey Avenue $ 66200 5 2,944.00 7 _ Jess Gonzalez Seem, Complex - 8471 KI' gemlan $ 974.00 5 11.688.00 8 Sall Tanner Part 8343 E Mission ' Drive $ 1583.00 5 18,996 00 9 Z pop n Pd* 3106 Cb tl tle $ 1583.00 $ 18.996 00 $ 59721 $ 7.166.52 '. f 15,190.00 $ 163,380.00 $ Total Base Bid Pnca: $ 162,260.00 $ 16,309 .79 $ 1 City Hall 2 Rosemead Community Recreation Center 3 Garvey Community Center 4 Garvey Park 5 Rosemead Park 6 Public Safety Center 7 Jess Gonzalez Sports Complex 8 -Sell Tanner Park 9 _Zapopan Part Total Base Bid Price: 6636 E. Valley Blvd $ 337500 $ 4050000 3936 N. Muscatel $ 337500 $ 4050000 9108 Garvey Avenue $ 375000 $ 4500000 7933 Emerson Place $ 238125 $ 2857500 4343 Enclnita Ave $ 161000 $ 1932000 8301 Garvey Avenue $ 70000 $ 840000 8471 Klingerman $ 26250 $ 3.15000 8343 E Mission Drive - $ 292 50 $ 3.150 00 3108 Charlotte $ 26250 $ 315000 It 15,978.75 $ 191,745.00 $ 191,745.00 Bid Schedule 8838 E. Valley Blvd $ V201010 I5 ^24,12120 2 Rosemead Community Recreation Center 3936 N. Muscatel $ 3,611 08 4333? 96 3 Facility Address Monthly 5 Annual 1 City Hall 8838 E Valley Blvd $ 2.144.55 $ 2573460 2 Rosemead Community Recitation Center 3936 N. Muscatel $ 2783 18 $ 33398 15 3 Garvey Community Center 9108 Garvey Avenue $ 342443 $ 41093.15 4 Garvey Park 7933 Emerson Place $ 2654.08 $ 3194872 5 Rosemead Park 4343 Encinita Ave $ 244080 $ 29289.60 6 Public Safety Center 8301 Garvey Avenue $ 1071.14 $ 12.853.58 7 Jess Gonzalez Sports Complex 8471 Klingerman $ 59721 $ 7.166.52 0 Sall Tanner Park 8343 E. Mission Drive $ 59721 $ 7.166.52 9 Zapopan Park 3108 CM1arlotle $ 59721 $ 7,166.52 $ 16,309 .79 $ 195,717.48 Total Base Bid Price: $ 195.717,48 1 City Hall 7 8838 E. Valley Blvd $ V201010 I5 ^24,12120 2 Rosemead Community Recreation Center 3936 N. Muscatel $ 3,611 08 4333? 96 3 Garvey Community Center 9108 Garrey Avenue $ 4,040.86 5 48490.32 4 Garvey Park 7933 Emerson Place S 2,943.20_5 35,319.36 5 Rosemead Park 4343 Encinila Ave $ ? 019.06 $ 24230.32 6 Public Safety Center 0301 Garvey Avenue 's 77983 -$ 9,357.96 7 Jess Gonzalez Sports Complex 8471 Klingennan $ 70574 -$ 8468.88 e Sall Tanner Part 8343 E. Mission Drive $ 705.74 S 8,468.88 9 Zapopan Park 3100 Charlotte S 70574 $ 646888 _$ 17,52213 $ 210,266 .76 Total Base Bid Price: $ 210,288]8 Paged of 2 MAk Ell Ell Ell Ell Ell M11 Mill Ell Ell Ell Ell Mll Ell Ell Ell Ell Ell Ell ... 1 1 ■ ■ Prepared For: City of Rosemead 888 E. Valley Blvd Rosemead, CA 91770 Due Date: December 10, 2014 10:30am December 9, 2014 City of Rosemead 888 E. Valley Blvd Rosemead, CA 91770 Dear City of Rosemead: United Maintenance Systems would like to thank you for giving us the opportunity to introduce our company and the variety of different services we currently offer. For over twenty three years, United Maintenance Systems has strived to offer excellent cleaning services at unbeatable prices. What sets our company apart from all the others is that our business is family owned and operated. Our owner has been in the janitorial business for over 23 years and has personal experiences in the Feld. We will not take your account and "hand it away" to someone else and forget about it. We strive on maintaining close, personal relationships with all our clients from the start to end of a contract. Our cell phone lines are open 24 -7 and you can feel free to give us a call for anything you may need. We currently work with a variety government facilities such as the City of Pomona, City of Baldwin Park City of Glendora, City of Downey, City of Sierra Madre, CalState University of LoS Angeles and OC Health Care Agency. We are fully aware and in understanding of City contracts that are from 1 to even 5 years. Most of the City facilities we currently clean have been with us for over 5 years. Therefore, we can assuredly accommodate all your cleaning needs. If you have any questions or concerns regarding our company or this proposal, please don't hesitate to call me at (213) 739 -1405. I thank you once again for sharing your time and hope that we can do business together in the near future. Sincerely, Jae Kim Manager United Maintenance Systems 3807 Wilshire Blvd. #800 Los Angeles, CA 90010 jkim @umsla.com United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405 Brief History In today's competitive business environment, cutting costs is essential, but without sacrificing a high standard ofquality. Serving the Southern California region since 1991, United Maintenance Systems, is ,firmly committed to developing ways to increase efficiency and quality of service, while striving to save you money on your janitorial expenses. This commitment means 24 -hour service, well- trained personnel, the latest equipment and a "hands -on" management philosophy. We are confident that you will be pleasantly surprised, not only with the economy of our cleaning program, but with the high quality, in -depth service you receive. Let us review your specific needs, and help you look your very best! United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1905 Vendor's Background and Experience Business Name: United Maintenance Systems Locations: 3807 Wilshire Blvd #800 Los Angeles, CA 90010 Telephone Number: (213) 739 -1405 Fax Number: (213) 739 -1407 Contact Person: Jae Kim/ Regional Manager Cell Phone: (213) 494 -7470 Office Hours: Mondays- Fridays; 8:00am- 5:00pm UMS, Inc. DBA: United Maintenance Systems Incorporated by the State of California Business Inception: October, 1991 Dun and Bradstreet Number: 809366438 Number of Employees: Administration Management Field Supervisors 3 5 4or5 Custodians (Full & Part Time) 45 -55 4 United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405 Reference 1. City of Cypress - 5275 Orange Ave., Cypress, CA 90630 $111,600.00, Larry Campos (562) 553 -2355 2. City of Baldwin Park - 4100 Baldwin Park Blvd., Baldwin Park, CA 91706 $138,000.00, Maria Moreno (626) 813 -5255 3. City of Pomona - 505 S Garey Ave., City of Pomona, CA 91769 $97,980.00, Matt Sampson (909) 620 -2398 4. Calstate LA - 5151 State University Dr. Los Angeles, CA 90032 $176,448.00, Kirby Williams (323) 791 -6875 S.City of Sierra Madre - 232 W. Sierra Madre Blvd., Sierra Madre, CA 91024 $44,400.00, Chris Cimino (626) 355 -7135 6. City of Glendora - 116 E. Foothill., Glendora, CA 91741 $455,200.00, Doug Crouse (626) 914 -8200 7. City of Downey - 11111 Brookshire Ave., Downey, CA 90241 $254,880.00, Grissel Chavez (562) 904 -7196 8. City of Signal Hill - 1780 E Hill St., Signal Hill, CA 90755 $50,400.00, Greg Franco (562) 989 -7255 9. Orange County Health Care Agency - 1725 W. 17th St., Santa Ana, CA 92706 $174,000.00 Ana Figuroa (714) 834 -2170 United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405 54 Quality Training United Maintenance Systems Classroom instruction emphasizes on the following: • General orientation and instruction of field employees • Janitorial "Do's and Don'ts" • Safety precautions Instruction on the handling of chemicals, equipment and other supplies being used. Work Assignments and schedules Emergency procedure Hands -on Training is the final and most essential part of the training program. This is performed at the actual work site with a supervisor in attendance. The trainee is shown the assigned work area and is instructed to make notes on any special instructions or procedures unique to the facility. The first few hours, the supervisor works closely with the trainee, demonstrating actual cleaning procedures and answering all questions. Upon completion of assigned work, the area is inspected by the supervisor together with the trainee, and any deficiencies are discussed and reviewed thoroughly. The trainees' work is closely scrutinized in this fashion for an indefinite period, until the supervisor has complete confidence in the trainees' performance. United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405 Communication Lack of communication is a common and frequent complaint in our industry. Our management has studied this issue and have implemented the following procedures which have proven to be effective. • All complaint or request received are logged into our computer and printed on a daily log form. These log forms are reviewed daily by the operations manager and are given to the designated supervisor for immediate action. Upon completion of a request or the resolution of a problem, the supervisor submits a written report to the operations manager for review. • A list of special instruction for each building is written on the customer history file, which is immediately updated with any changes or additions. This is only available to the management and key operations staff for instructing any new supervisor or cleaning personnel. • All operations supervisors and personnel are instructed to record all observations and comments in writing, taking notes at all times and make daily checklists of tasks to be performed. • All supervisory staff is bilingual. • Work logs are checked daily, and any problems or deviations from the normal standards are studied, with any subsequent action and its results being written down in detail. • All supervisory staff carries pagers at all times for any emergency that might arise. • For your convenience, our telephones are answered 24 hours a day, 7 days a week. United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405 Safety Procedures United Maintenance Systems has a medical and health authorities to suggest our crews become familiar with the safety procedures and emergence procedures, first aid. We believe that accidents can be avoidable, if not preventable. Our employees were taught from the first day of job to observe all the safety regulations and to follow instruction from co- workers. Although the law places the primary responsibility for Occupational Health and Safety on the employer, certain responsibilities are also placed on the employees to adhere to the policies and procedures set forth by the California Administrative code. Our employees are prohibited from removing, displacing, damaging, destroying or tempering with safeguards. Also devices, notices, warning signs or any method or process adopted for employee protection is prohibited. Safety Training A new trainee will go through one -day safety training. The topic will cover: 1. How to read Safety Chart. 2. How to life an object safely. 3. How to use stepladder safely. 4. How to use cleaning chemical safely. Also a new trainee will go through first aid training. The topic will cover: 1. How to call for help -911. 2. What to say. 3. What to do during bleeding, minor cut. 4. What to do during chemical or minor burn. 5. What to do during earthquake. United Maintenance Systems' emphasis to our new and current crews to call 911 if there is an emergency or crises situations. Our supervisors carry first aid kit in their car. Also our management staffs can be reached 24 hours and 365 days at (213) 739 -1405. 8 United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405 Quality Control Plan The Quality control program is an essential part of the cleaning service. All supervision and inspections are overseen and strictly enforced on a day -to -day basis by our management. We maintain incentive programs which motivate all our supervisory personnel to strive for excellence. Each supervisor oversees a limited number of accounts. This helps to maintain a high supervisor to worker ratio, which in turn, helps to alleviate most problems and lead to a cleaner building. You will find that all our supervisory personnel are dedicated employees with a strong desire to provide consistent, high quality cleaning. Supervision Upon award of a contract, an onsite supervisor is assigned to the building to coordinate operations. His or her responsibility includes hands -on training of new employees, daily inspections, filling out a quality check list, and general supervision. The supervisor ensures that all workers follow company regulations, instructions, and maintain their areas of responsibilities at the optimum level. Inspection Daily inspections are performed by the supervisor. He or she randomly selects one or two areas each night, and thoroughly inspects, grading the work on a quality check list which is turned in to the Operations Manager the next day for review. Any deficiencies found are promptly corrected, and the corrective measures taken are noted on a written report. A complete monthly inspection is performed by the Area Manager. At the end of each month, our Area Manager goes through each floor, and randomly selects an office, restroom, kitchen, etc. for detailed inspection. Daily, weekly, monthly, semi - annual and annual assignments are checked, such as floor buffing, stripping and replenishing, carpet cleaning, high dusting, and window cleaning. Periodically, the Operations Manager visits the work site during the day, for an inspection and overall survey of the work. At this time, an overall assessment is made, and any deficiencies or problem areas are discussed with the property manager as well as the tenants, to ensure total comprehension and thus success in satisfying the customer's needs and wants. For all other emergency situations and requests, there is a 24 -hour customer service hotline at UMS that provides access to supervisors and managers and immediate responses. United Maintenance Systems * 3807 Wilshire Blvd #800 Los Angeles, CA 90010 * (213) 739 -1405 CITY OF ROSEMEAD JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES CONTRACT BID FORMS BIDDER: U MS This Page Intentionally Left Blank BIDDER: U S IhC SECTION 1 - BID SCHEDULE BIDDER: U MS I hL. This Page Intentionally Left Blank BIDDER: UMS InC - CITY OF ROSEMEAD SCHEDULE OF BID PRICES FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES SCHEDULE OF PRICING TOTAL BASE BID PRICE (SCHEDULE BID PRICE(:$ Oc ib t o 00 I03, 680.00 dnno„I (, 5t ` (Ina. Ni)n `r- d Three Th fart d 5i X iq a d.ed e5i ,6 -! 11av5 . Dollar amount in written form FACILITY ADDRESS MONTHLY ANNUAL COST COST 1 CITY HALL 8838 E. VALLEY BLVD -r Z ROSEMEAD COMMUNITY RECREATION CENTER 3936 N. MUSCATEL AVE b0 2 3 GARVEY COMMUNITY 9108 GARVEY AVENUE �j CENTER tip• 00 OD 4 GARVEY PARK 7933 EMERSON PLACE 650, oo Sco. o 5 ROSEMEAD PARK 4343 ENCINITA AVENUE t 050 0O zoo • oC 6 PUBLIC SAFETY CENTER 8301 GARVEY AVENUE 7 JESS GONZALEZ 8471 KLINGERMAN AVE SPORTS COMPLEX has 0 3 900 Lp 8 SALLY TANNER PARK 8343 E. MISSION DRIVE 00 D 9 ZAPOPAN PARK 3108 CHARLOTTE AVE 310 -,D TOTAL BASE BID PRICE (SCHEDULE BID PRICE(:$ Oc ib t o 00 I03, 680.00 dnno„I (, 5t ` (Ina. Ni)n `r- d Three Th fart d 5i X iq a d.ed e5i ,6 -! 11av5 . Dollar amount in written form BIDDER: OM's I(1c, This Page Intentionally Left Blank BIDDER: OKS IYt(- . BID UNIT PRICES I. The contractor agrees that for requested and /or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. II. Contractor is advised that the submitted unit prices will be used as one of the determining factors in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all services provided, including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices. FUNCTION COST /UNIT 1. General janitorial services at City office/ recreation facilities $ LJ, o 0 / 100 sq.ft 2. Floor cleaning for carpet $—L, Do / 100 sq.ft. 3. Floor cleaning for hardwood $ 5 , uo / 100 sq.ft. 4. Window/ glass cleaning $ 5,00 / 100 sq.ft. 5. Dust removal and fixture cleaning $ 3, oe / 100 sq.ft. 6. Restroom cleaning (i.e. 1 toilet bowl, 1 urinal and 1 sink - $ 2,5 00/ Cleaning Including refilling all dispensers, soap, toilet paper and paper towels) 7. Other janitorial- related services $ 5, oo / 100 sq.ft. 8. Carpet Cleaning /Shampooing $ (,, 00 / 100 sq.ft. 9. Floor Waxing $ 7,00 / 100 sq.ft. 10. Commercial Kitchen Cleaning $ 50, Cu / Cleaning BIDDER: U NHS N ' - This Page Intentionally Left Blank BIDDER: U M-S I h L Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Request for Proposals from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third parry, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (2) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents and Request for Proposal. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. BIDDER: U MS 1A C - This Page Intentionally Left Blank By: Signatur ,JAB k t M Type or Print Name M,l, q.e Title BIDDER: l/ 1 `S I, c 3 ?0;- I>J;Ish,ee giud i--soo Business Street Address A City, State and Zip Code M� )3i 9 -14055 Telephone Number Bidder's /Contractors State of Incorporation: Partners or Joint Venturers: NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the cur oration, partner±i or 'oin[ venture has [he authori[ to do so. BIDDER: " M S k c This Page Intentionally Left Blank BIDDER: UMS 411, SECTION 2 BID DATA FORMS BIDDER: UM )r\C Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. BIDDER: 12 US Inc- 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: �j y CYPresS S27S ora+L,o A ,1e yprw cioo63o Name and Address of Owner La ✓r9 CAMPOS C5-6P -) 5-3 -23S5'- Name and telephone number of person familiar with project $ III, Contract r. Date of 2. CIf4 � P�1Y2n Sos C erPy � ✓e C +y a4 " C�F9(761 Name and Address of Owner %laa t SpMI" (\ C4oq) h�0 - 23913 Name and telephone number of person familiar with project R� 9`%0 00 �innfa/ a1 CDrre'fl ✓S Contract amount Type of Work Date of Contract 3. Cu�S�a�r 5tn212C "7(5,1 Sffr (kiVevsfy D (a3Ante(a COYD032 Name and Address of Owner k,r5q (32,3) -7 91 - 687s Name and telephone number of person familiar with project amount of ' CI� o � Serf M a re 232- U &j'cy-a ModrL RI Ser MdmjCF{91a -L Name and Address of Owner riu number of person familiar with prof BIDDER: This Page Intentionally Left Blank BIDDER: U hS SECTION 3 NON - COLLUSION AFFIDAVIT This Page Intentionally Left Blank NON - COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. f — ( V / Cf Signature 7:�61 2 U , 1� f nA Typed or Printed Name PC, 116A 2--F� Title �nl�pGl /�Uj.fenonte �aev -J Bidder Subscribed and sworn before me This tlay of /2.0 C r�.,ty�j�i 20 (Seal) Notary Public in arld for t / LL A�►..{ 11L-1 the State of California CHO My Commission Expires: C'^t NCootmaSrmTy isPsubn p 0 83 o Calilornl. s i Las Angeles County 7 My Comm. Expires May 6. 2017 C 0Z S aeW seuiax3'wwaO AA 7v dluna0 saie6aV so3 z i e!wa!!la0 - >!Ignd 6�etoN -' n z £BOEZOZ # uoissiwwo0 CHON NSHd31S MAYOR: QZ9se wd City Of WROAMALA9CON MAYOR PRO TEM: MaaGARGI CLM.I[ 8838E VALLEY BOULEVARD P O BOX 399 COBM1SIL MEMBERS: ROSEMEAD, CALIFORNIA 91770 SnwaeA,'fr , IELBPHOFE (626) 569 -2100 $IP.�ES Lr PAX (626)30] -9218 Pp v Low December 4. 2014 ADDENDUM #1 REQUEST FOR PROPOSALS NO. 2014 -13 JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES Clarifications /Responses for RFP 1. Current Contract and Pricing Current Monthly Prices and Current Contract are included as PDF attachments. Scope of work included in current request for proposal may vary from the scope of work included in existing contract. 2. Wages The City does not have a living wage requirement. Per California State Code, this contract forjanitorial services is not subject to prevailing wages. 3. Proposal Submittal Contract Bid Forms, which are included in the RFP documents, must be submitted as a part of the proposal. Contractors may submit any additional documentation desired, however, all Contract Bid Forms Sec. 1 -3 (included in RFP documents) must be submitted. Scope of Work Clarifications 1. Trash Removal — All sites maintain dumpsters for the disposal of refuse (trash) generated within that facility. As part of the orientation to the new contract, contractor will be provided access to these dumpster facilities. All segregated recyclables that are collected from the blue bins in City facilities must be deposited in the White Recycle dumpsters located at any of the three following sites: • City Hall • Garvey Community Center • Rosemead Park 2. Restroom Supplies — Per the RFP documents, selected contractor is to supply all necessary restroom consumable products, including, but not limited to toilet paper, paper towels, urinal cartridges, etc. (Specification is included in RFP document). Although the City is unable to provide a quantity of products consumed through the course of this contract, further clarification is provided. a. Stocking: It is expected that all provided dispensers (toilet paper, paper towels, soap, etc.) will be filled to capacity at every visit. The City reserves the right to determine whether the contractor is sufficiently stocking all necessary products. b. Paper Towels / Hand Dryers: Several restrooms throughout the City utilize hand dryers. Contractor is not required to provide paper towels in restrooms that contain hand dryers. Proposers shall verify quantity of such restrooms if desired. c. Urinal Cartridges: The contractor is responsible for providing necessary urinal cartridges for waterless urinals. The City of Rosemead has approximately 20 waterless urinals. 3. Clarification Regarding Cleaning Kitchen Surfaces: Reference RFP: E. Dust removal and fixture cleaning - Low dusting is the removal of all dust, lint, litter, and dry soil from the surfaces of desks, chairs, file cabinets, book shelves, tables, and other types of office furniture and equipment from horizontal ledges, window sills, window coverings, hand rails, etc. to a line 7c" above the top of the Floor level. Vent grills, within these limits, shall be dusted on a weekly basis. A level of care shall be taken to complete dust removal services without disturbing personal work areas. I. Kitchens — Some facilities have kitchenettes and two facilities have full kitchens. On each site visit, kitchen counters and sinks shall be wiped free of debris, trash shall be removed and floors shall be tended to 4. Clarification Regarding Cleaning Vending Machines: Reference RFP: H. Clean All Fixtures (i.e. drinking fountains, telephone booths, counters, etc.). After cleaning, all fixtures shall be free from streaks, stains, spots, smudges, scale, and other obvious soil. Facilities Clarifications 1. SCHEDULINGIHOLIDAYS City facilities close in observance of the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, July 4", Labor Day, Veteran's Day, Thanksgiving, and Christmas EXCEPT for City Parks. City parks operate 365 days a year and must be cleaned daily. 2. City Hall: City Hall to be cleaned Sunday — Thursday (5X per Week). The provided facility description for City Hall indicates that it operates Monday through Thursday, and as such is to be cleaned Monday through Thursday. Although the building is not open for public access Friday- Sunday, often times it is used. City Hall shall also be cleaned on Sunday Evenings to ensure the desired appearance when it opens for business on Mondays. 3. Parks — Services requested in parks pertain only to buildings /facilities explicitly listed in facility descriptions within request for proposal documents. Trash removal shall only be done within these buildings /facilities as general trash removal within parks is not included in this scope of work. 4. Garvey Community Recreation Center: Regarding the high cleaning and upper window cleaning: • High Cleaning shall be performed per the frequencies included in the specifications. All hanging light fixtures shall be dusted as a part of the quarterly high cleaning. • Upper Window Cleaning: c Frequency of cleaning for upper windows, in main lobby, shall be reduced to 2 X per year. (See Picture Below) c Frosted Windows in North Corridor do not need to be cleaned per this contract. (See Picture Below) All proposers must acknowledge this Addendum by signing below and including it with their submitted proposal. Proposals are due in the Office of the City Clerk, 8838 E. Valley Boulevard, Rosemead, CA 91770 before 10:30 a.m. on Wednesday, December 10, 2014. Se ullivan City of Rosemead December 4, 2014 Acknowledged: 'e Signature P� 1c i M Name (Printed) Date (kl�jl �151emS Company PROFESSIONAL SERVICES AGREEMENT JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES (UNITED MAINTENANCE SYSTEMS, INC.) PARTIES AND DATE. This Agreement is made and entered into this day of 20 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ( "City ") and United Maintenance Systems, Inc. with its principal place of business at 3807 Wilshire Boulevard, Suite 800, Los Angeles, CA 90010 ( "Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing janitorial services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such janitorial services for the Janitorial Services for Various City Facilities ('Project'), also referred to as "Services" as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional janitorial services necessary for the Project, herein referred to as "Services ". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be UNITED MAINTENANCE SYSTEMS, INC. Page 2 of 10 subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term: The term of this Agreement shall be from the Effective Date shown above to February 28, 2018 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement is necessary to complete the Services 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor: The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required bylaw. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. UNITED MAINTENANCE SYSTEMS, INC. Page 3 of 10 3.2.5 City's Representative: The City hereby designates the Director of Public Works or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant will designate a designee to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain priorto the beginning of and for the UNITED MAINTENANCE SYSTEMS, INC. Page 4 of 10 duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed One Hundred Three Thousand Six Hundred Eighty Dollars ($103,680.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment and Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work' means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such UNITED MAINTENANCE SYSTEMS, INC. Page 5 of 10 records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at anytime and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: United Maintenance Systems, Inc. 3807 Wilshire Boulevard, #800 Los Angeles, CA 90010 Attn: Jae Kim, Manager Phone: (213) 739 -1405 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Director of Public Works Phone: (626) 569 -2100 Fax: (626) 569 -2303 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and UNITED MAINTENANCE SYSTEMS, INC. Page 6 of 10 addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or UNITED MAINTENANCE SYSTEMS, INC. Page 7 of 10 omissions, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, and Consultants arising out of or in connection with the performance of the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, orvolunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. UNITED MAINTENANCE SYSTEMS, INC. Page 8 of 10 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees orsubconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required understate law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, UNITED MAINTENANCE SYSTEMS, INC. Page 9 of 10 right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] UNITED MAINTENANCE SYSTEMS, INC. Page 10 of 10 CITY OF ROSEMEAD By: Jeff Allred, City Manager Attest: Gloria Molleda, City Clerk Approved as to Form: UNITED MAINTENANCE SYSTEMS, INC. By: Date Date Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED] 93 Date Name: Rachel H. Richman Date City Attorney Title: UNITED MAINTENANCE SYSTEMS, INC. EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONSULTANT'S PROPOSAL /_SI UNITED MAINTENANCE SYSTEMS, INC. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000.00 per occurrence. 95 UNITED MAINTENANCE SYSTEMS, INC. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services' as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are licensed carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. fb7 UNITED MAINTENANCE SYSTEMS, INC. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to City. If Consultant's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. L-W UNITED MAINTENANCE SYSTEMS, INC. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all - inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Lbf UNITED MAINTENANCE SYSTEMS, INC. Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. MM