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TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works SUBJECT:Consideration and possible action to award a contract to JJ Property Maintenance Network Inc., for Citywide Janitorial Services; and authorize the City Manager to execute Agreement File No. 1062 with JJ Property Maintenance Network Inc. in a form approved by the City Attorney.
DATE:October 14, 2024
EXECUTIVE SUMMARY
This action would award a contract to JJ Property Maintenance Network Inc., to perform Janitorial Services for City Hall, City Yard, Sheriff’s Substation, Thompson Park Aquatic Center, Simms Park Kitchen, and The Mayne Events Center.
RECOMMENDATION TO CITY COUNCIL
1) Award a contract to JJ Property Maintenance Network Inc., for Citywide Janitorial Services;
2) Authorize the City Manager to execute Agreement File No. 1062, in a form approved by the City Attorney, or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Funds for janitorial services are budgeted in the respective Building and Ground Maintenance budgets for each facility. There are sufficient funds in these budgets to cover the total yearly cost of $85,170.96 for these services.
DISCUSSION
On August 24, 2024, the City released a Request for Proposals (RFP) to seek competitive proposals from qualified service providers for janitorial services at City Hall, City Yard, Sheriff’s Substation, Thompson Park Aquatic Center, Simms Park Kitchen, and The Mayne Events Center. The RFP was advertised on the City website and was directly sent to several companies that provide these services.
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Staff Report – Award of Contract for Citywide Janitorial Services October 14, 2024
DISCUSSION – Continued
On September 4, 2024, Public Works staff held a mandatory pre-bid conference and job walk in order to give potential bidders the opportunity to visit each building and understand the full scope of the services being requested. The due date for the proposals was September 18, 2024, and the City received nine proposals from the following companies:
PROPOSAL ANALYSIS
After an initial review of the proposals, staff invited the five companies that submitted the lowest cost proposals to participate in interviews. The interview panel was comprised of City staff from different departments to get a variety of perspectives on the bidders.
Proposals and interviews were rated based on a variety of elements including each bidder’s understanding of the scope of work, their approach to the required work, capability, past performance records and proposal cost.
Following the proposal review and one-on-one interviews, staff concluded that JJ Property Maintenance Network, Inc., is the most responsive and responsible bidder.
JJ Property Maintenance Network, Inc., submitted a complete proposal, are qualified to perform the work described and have fulfilled the requirements set forth in the RFP documents.
ATTACHMENTS
Agreement File No. 1062 ................................................................................................ 3 Proposal ........................................................................................................................ 15
PROPOSAL MONTHLY
SERVICE COST
Omni Enterprises $6,550.00
JJ Property Maintenance Network, Inc. $7,097.58 BaseHill, Inc. $8,457.05
Verde Facilities services $9,171.94
Premier Property Preservation $9,689.34
Santa Fe Janitorial Maintenance Services, Inc. $11,294.54 JoncoWest $11,719.00
Coastal Building Services, Inc. $11,735.00
General Building Maintenance $14,567.00
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AGREEMENT FILE NO.1062
MAINTENANCE SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
JJ PROPERTY MAINTENANCE NETWORK, INC.
FOR CITYWIDE JANITORIAL SERVICES
THIS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this 14th day of October 2024, by and between the CITY OF BELLFLOWER, municipal corporation and a general law city (“CITY”) and JJ PROPERTY MAINTENANCE NETWORK, INC., a California Corporation (“CONTRACTOR”).
The Parties agree as follows:
1.CONSIDERATION.
A.As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below;
B.As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR’s services not to exceed a total of $85,170.96 for the work.
CITY will pay for work on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit “B,” which is incorporated by reference.
2.TERM. The term of this Agreement will be from October 14, 2024 to October 13, 2025, with the option to renew the term by one (1) year for up to two (2) renewals not to exceed a total of three (3) total years for the cumulative agreement, except that the term will be extended to the completion date of any Task Order in effect at the end of the term of this Agreement.
3.SCOPE OF SERVICES.
A.This Agreement may be used for “maintenance services” which include the following:
i.Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
ii.Minor repainting.
iii.Resurfacing of streets and highways at less than one inch. iv. Landscape maintenance.
v.Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems and electrical transmission lines of 230,000 volts and higher.
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vi. Carpentry, electrical, plumbing, glazing, and other craftwork.
B.CONTRACTOR will perform the maintenance services listed in the attached Exhibit “A,” which is incorporated by reference. The provisions contained in this Agreement supersede any conflicting provisions in Exhibit “A”.
C. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
4.PREVAILING WAGES.
A.Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B.In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD . CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
i.When employment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
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ii.When the number of apprentices in training in the area exceeds a ratio of one to five, or
iii.When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v.CONTRACTOR is required to make contributions to funds estab- lished for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E.CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement.
The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement.
If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
5.PAYMENTS.
A.For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY.
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B.CITY’s City Manager may make payments up to $25,000 for special items of work not included in the project scope of work and services. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.
6.FAMILIARITY WITH WORK.
A.By executing this Agreement, CONTRACTOR represents that CONTRACTOR has:
i.Thoroughly investigated and considered the scope of services to be performed;
ii.Carefully considered how the services should be performed; and iii.Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B.If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR’s own risk until written instructions are received from CITY.
7.INSURANCE.
A.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability $2,000,000
Automobile Liability $1,000,000
Workers compensation Statutory requirement
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B.Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will 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, and to delete the word “endeavor” with regard to any notice provisions.
E.Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach. -7-
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8.TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until:
A.CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and
B.CITY gives CONTRACTOR a written notice to proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR’s own risk.
9.TERMINATION.
A.Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing.
B.CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
10.INDEMNIFICATION.
A.CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B.For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C.It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
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11.INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
12.NOTICES.
A.All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day-to-day communications between CITY’s and CONTRACTOR’s project managers. Notice sent by mail will be addressed as follows:
If to CONSULTANT:If to CITY:
Attention: Jose Javier Benitez, CEO Attention: Len Gorecki, Assistant City Manager/ Public Works
Director
JJ Property Maintenance Network,
Inc.
City of Bellflower
289 Orange Grove Boulevard 16600 Civic Center Drive
Pasadena, CA 91104 Bellflower, CA 90706
(626) 405-0846 (562) 804-1424
[email protected] [email protected]
B.When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13.TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
14.WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
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15.CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
16.SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
17.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
18.WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.
19.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
20.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Bellflower City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY’s city manager may execute any such amendment on behalf of CITY.
21.ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
22.EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
23.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. -10-
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24.FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
25.ENTIRE AGREEMENT. This Agreement and its attachment(s) constitutes the sole agreement between CONTRACTOR and CITY respecting Citywide Janitorial Services.
To the extent that there are additional terms and conditions contained in the exhibit(s) that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER JJ PROPERTY MAINTENANCE
NETWORK, INC.
___________________________________________________________ Ryan Smoot, City Manager Jose Javier Benitez, CEO
ATTEST:
___________________________Taxpayer ID No.26-0645364
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney
ATTACHMENTS:
Exhibit A – Scope of Services
Exhibit B – Fee Schedule
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EXHIBIT A – SCOPE OF SERVICES
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*City Hall and City Yard are closed every other Friday, no service is required on these closed Fridays
**City Council meetings are held the 2nd and 4th Mondays of the month. Council Chambers and Lobby floor to be cleaned after meeting concludes. +No service is required on City Holidays (New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Labor Day, Veterans Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve) Location Name Type of Building Address Approx. Sq Ft Days of service Hours of service City Hall Two story office
building and auditorium 16600 Civic Center Dr. 30,000 sq. ft.Daily M-F*+After 5:30** City Yard Two single story office
buildings 9944 Flora Vista St.6,500 sq. ft.Daily M-F*+After 5:30 Substation Two story office
building 16615 Belflower Blvd. 10,000 sq. ft. Daily M-Sat.+ Between 4:00-7:00 PM Simms Park
Kitchen Commercial Kitchen 16614 S. Clark Ave.700 sq. ft.Weekly Wed.+ Between 4:00-5:00 PM Thompson Park
Aquatic Center Single story building 14001 Bellflower Blvd. 7,000 sq.ft.Daily M-Sat.+ Between 5:00-7:00 AM The Mayne
Event Center
Two story building and
event center 16400 Bellflower Blvd. 14,000 sq.ft.Daily M-F+Between 4:00-6:00 PM -13-
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EXHIBIT B – FEE SCHEDULE
Contractor will provide the services listed in Exhibit A and will be compensated in accordance with the fee schedule below:
The total amount payable to CONSULTANT will be as follows:
Janitorial Services City Hall .............................................................. $2,997.00/month Janitorial Services City Yard ................................................................ $652.00/month Janitorial Services Sheriff’s Substation ............................................. $1,269.00/month Janitorial Services Thompson Park Aquatic Center ............................. $924.00/month Janitorial Services Simms Park Commercial Kitchen ........................... $114.58/month Janitorial Services The Mayne Events Center .................................. $1,141.00/month TOTAL .............................................................................................. $7,097.58/month Hourly Rates and Additional Services, if necessary:
Janitorial Services Provider Hourly Rate ........................................................... $27.50 Janitorial Services Provider Hourly Rate (Holiday) ........................................... $41.25 -14-
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