Attachment 1
CIVIC CENTER CUSTODIAL AND JANITORIAL SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
City of Lake Forest
REQUEST FOR PROPOSAL (RFP)
Civic Center Custodial and Janitorial Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES ................................ ..
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VII. EXHIBIT "C" - COMPENSATION ................................ ..............................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
Attachments:
A - Request_For_Proposals_For_Civic_Center_Custodial_and_Janitorial_Services (dragged)
Title: Civic Center Custodial and Janitorial Services
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, located at 100 Civic Center Drive, Lake Forest 92630 (“City”) and Crown Facility Solutions, a California Corporation (Inc.) , with its principal place of business at 3605 W. MacArthur Blvd., Ste. 701, Santa Ana, CA 92704 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
Title: Civic Center Custodial and Janitorial Services
4 2. RECITALS.
2.1. Contractor.
Contractor desires to perform and assume responsibility for the provision of certain custodial and janitorial maintenance services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. Contractor represents that it is experienced in providing custodial and janitorial maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2. Project.
City desires to engage Contractor to render such services for the Civic Center Custodial and Janitorial Services project (“Project”) as set forth in this Agreement.
Title: Civic Center Custodial and Janitorial Services
5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Contractor 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 custodial and janitorial maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be 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 July 1, 2025 to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor 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. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor 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 Contractor shall be subject to the approval of City.
Title: Civic Center Custodial and Janitorial Services
6 3.2.4 City’s Representative. The City hereby designates Douglas Erdman, Acting Director of Public Works/ City Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Brent Shears, President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his 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.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor 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, 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and
Title: Civic Center Custodial and Janitorial Services
7 regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor 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.
3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 lifesaving 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.
3.2.10 Labor
3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
Title: Civic Center Custodial and Janitorial Services
8 3.2.10.3 It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Water Quality Management and Compliance.
Title: Civic Center Custodial and Janitorial Services
9 3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Lake Forest Local Implementation Plan (“LIP”). Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP
3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers
Title: Civic Center Custodial and Janitorial Services
10 from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, policies and standards described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3. Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION ONE HUNDRED EIGHTY-TWO THOUSAND NINETY-TWO DOLLARS ($1,182,092.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor 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 Contractor 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. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
Title: Civic Center Custodial and Janitorial Services
11 3.4. Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor 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 Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.1 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: Crown Facility Solutions
3605 W. MacArthur Blvd., Ste. 701
Santa Ana, CA 92704
ATTN: Brent Shears, President
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
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 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.
Title: Civic Center Custodial and Janitorial Services
12 3.5.3 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.
3.5.4 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.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor 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 or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’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. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its 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. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
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 Orange 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 Contractors. City reserves right to employ other contractors in connection with this Project.
Title: Civic Center Custodial and Janitorial Services
13 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. Contractor 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.
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. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 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. Contractor 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. Contractor shall also
Title: Civic Center Custodial and Janitorial Services
14 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, Contractor 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. Contractor 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, 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. Contractor 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.
Title: Civic Center Custodial and Janitorial Services
15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Crown Facility Solutions
By: [AUTHORIZED CITY SIGNATURE]
Scott Voigts
Mayor
By: [VENDOR SIGNATURE 1]
Brent Shears
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Thy Merritt
Acting City Clerk
By: [VENDOR SIGNATURE 2]
Brent Shears
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
Title: Civic Center Custodial and Janitorial Services
16 5. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
5.1. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
Contractor shall provide the following maintenance services relative to Custodial and Janitorial Services for the Lake Forest Civic Center project ("Project").
DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the following meaning:
A. "BID ITEM" - Individual items of work in the Contractor's proposal at an agreed Unit Price for the specified Item of Work.
B. "CITY" - The City of Lake Forest.
C. "CITY MANAGER" - The fully appointed City Manager of the City or her authorized representative.
D. "CONTRACTOR" - The managing individual of the contracting entity or her authorized employees or representatives.
E. "PUBLIC WORKS DIRECTOR"- The official designated as the Public Works Director of City, or any of his authorized representatives.
F. " PUBLIC WORKS MANAGER" - The Public Works Director's designee for bidding, awarding and administering the Contractor's work under this agreement, or any of his authorized representatives.
1.00 GENERAL INFORMATION
1.01 The Contracto r shall possess and maintain all necessary certifications, registrations and Contractors licenses issued by the State of California Licensing Board through the term of the Contract. The Contractor shall perform the work describ ed herein, in a thorough and professional manner, so that the City of Lake Forest is provided with reliable and high quality facility maintenance at all times.
1.02 The Contractor shall ensure that the Operation of the Building(s) in compliance with all State and Federal laws.
1.03 The Contractor's forces shall leave work areas free of all dirt, litter, or other materials utilized to perform facility maintenance. The Contractor shall erect barricades,
Title: Civic Center Custodial and Janitorial Services
17 warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.
1.04 Facility Maintenance shall be performed in accordance with all accepted standards for maintenance and repair work to the satisfaction of the City. Contractor shall immediately respond when notified by City to correct unsatisfactory work at no additional charge.
1.05 The Contractor shall handle all City requests and concerns in a professional and timely manner.
1.06 The City shall provide access to all areas to be serviced by the Contractor.
1.07 The Contractor shall not be held responsible for damage, should access be denied or not provided by the City.
1.08 The Contractor shall execute and maintain its work so to avoid injury or damage to any person or property. In carrying out its servic es, the Contractor 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.
2.00 SCOPE OF WORK – JANITORIAL SERVICES/DAY PORTERS
The contractor who is awarded this contract shall provide the City of Lake Forest qualified, licensed and bonded Custodial and Janitorial Services. Successful applicants shall provide all materials, equipment and labor for Custodial and Janitorial services at various Lake Forest locations. All work shall be performed in a professional manner to the highest standards suitable for public use, day or night as needed, according to industry APPA 1 standards.
The type of Janitorial/Day Porter Work required will include, but is not limited to the following:
• Restrooms: Cleaning and Maintenance
• Gym, Shower and Locker rooms, Exercise Equipment (3 Treadmills, 1 Elliptical Stair, 1 Elliptical Bike, 1 Multi Station Exercise Machine, 2 Benches, Free Weights/Rack & Exercise Balls/Rack: Cleaning
• Entry Ways, Lobbies, Reception Areas, Hallways, Corridors, Traffic Areas and Stairways: Cleaning and Maintenance
• Offices, Meeting and Conference Rooms: Cleaning and Maintenance • Lunch Rooms including appliances and fixtures, Break Rooms including appliances and fixtures, Class Rooms, Multi-Purpose Rooms, Vending Areas, Media and Printing Rooms: Cleaning and Maintenance
Title: Civic Center Custodial and Janitorial Services
18 • Elevators and Lifts: Cleaning, Polishing and Maintenance of interior, exterior surfaces of cars
• Carpeted Floors and Floor Mats: Cleaning and Maintenance to include extractions
• Resilient and Hard Surface Floors: Cleaning and Maintenance • Ceilings and Light Fixtures: Cleaning and Maintenance interior and exterior (Vendor will need to provide their own scissor lift if necessary – operators must be certified) • Walls, Partitions, Windows and Doors: Cleaning and Maintenance, including lower/upper tracks, base boards, and vertical surface areas of partition panels • Clean wood/metal benches, seat, outdoor furniture, bike racks, light fixtures, trashcans, bollard lights, exterior doors, stair railings, exterior windows • Sweep, blower, vacuum atrium fireplace, furniture, lights, door mats • Miscellaneous Maintenance Services
• Clean and organize janitorial closets and storage spaces • Clean, disinfect, polish drinking fountains and water features • Trash collection
Proper handling and disposal of organic food waste, recyclable products from recycling and trash receptacles on a daily basis
• Dusting AC/heating vents
• Sweep, mop, buff and polish floors
• Monthly cleaning and disposal of leftover items inside refrigerators • Porter services daily and/or nightly and for all meetings and special events • Disinfect all hard and soft surfaces using materials incorporating environmentally safe disinfecting cleaners.
• Kitchens, BBQ Areas, and Food Preparation Rooms daily, or as scheduled and required, cleaning and maintenance of the following: floors, floor mats, tables, counters, walls, food preparation equipment, warmers, storage ovens, stove tops, refrigerators, bbq area, coolers, sinks, basins, and room fixtures
• Exterior and landscape areas – Cleaning and Maintenance of the following:
• Trash Enclosures
• Paths & Sidewalks
• Courtyards
• Planters
• Atriums
• Plaza
• Parking Lots
Title: Civic Center Custodial and Janitorial Services
19 • Stairs
• Synthetic Turf
• Exterior Storage Areas– Cleaning and Maintenance of the following:
• Parking Structure
• Bull Pen Areas
• HVAC & IT Rooms
• Elevator Rooms
• Electrical Rooms
The applicant will also be expected to perform trouble shooting and issue resolution.
CLEANING FREQUENCIES FOR THE FOLLOWING AREAS
ENTRANCES, LOBBIES, RECEPTION , FOYER– APPA Level 1 FREQUENCY Tiled and linoleum floors will be dust mopped and damp mopped/washed 5 days per wk Doormats will be lifted and vacuumed both sides. 5 days per wk Carpeted areas will be vacuumed and spot cleaned. 5 days per wk Litter receptacles will be emptied and cleaned. 5 days per wk Door glass and partition glass will be cleaned both sides. 3 days per wk Door glass will be kept free (clean) of stains, marks, etc. 5 days per wk Tiled, Stone, Linoleum Floors will be sealed, waxed, and buffed Quarterly Entrance doorframes, side glass panels and top glass panels will be cleaned.
3 days per wk
Finger and other marks will be removed from wall to 2 m. high. 1 day per wk Horizontal surfaces will be dusted. 3 days per wk
Stainless steel kick plates will be cleaned. 3 days per wk Exterior garbage containers (within 5m) will be emptied and damp wiped. 5 days per wk High and Low Dusting 3 days per wk
STAIRS AND LANDINGS – APPA Level 1 FREQUENCY
Stairs and landings will be swept and damp mopped/washed 5 days per wk Doors will be kept free of finger marks 5 days per wk
Title: Civic Center Custodial and Janitorial Services
20 Handrails will be dusted and damp wiped 3 days per wk Walls will be spot cleaned to 2m high 1 day per wk
Stainless steel kick plates will be cleaned 3 days per wk Tiled, Stone, Linoleum Floors will be sealed, waxed, and buffed Quarterly
CORRIDORS, HALLWAYS - APPA Level 1 FREQUENCY
Tiled and linoleum floors will be dust mopped and damp mopped. 5 days per wk Carpeted floors will be vacuumed and spot cleaned. 5 days per wk Horizontal surfaces will be dusted. 3 days per wk
Waste receptacles will be emptied and cleaned. 5 days per wk Drinking fountains will be cleaned. 5 days per wk
Walls will be spot cleaned to 2 m. high. 1 day per wk
Tiled and linoleum floors will be sealed, waxed, and buffed. Quarterly Door glass and partition glass will be completely cleaned both sides. 3 days per week
ELEVATORS – APPA Level 1 FREQUENCY
Floors will be dust mopped and damp mopped/washed 5 days per wk Doors and wall will be kept free of marks 5 days per wk Ceiling panels will be cleaned 1 day per month
Stainless steel panels will be polished 5 days per wk
LOUNGES, STAFF ROOM – APPA Level 1 FREQUENCY
Supplies will be replenished. 5 days per wk Upholstered furniture will be vacuumed. 3 days per wk Tables will be damp wiped. 5 days per wk
Receptacles will be emptied and cleaned. 5 days per wk Walls will be spot cleaned to 2 m. high. 1 day per wk
Title: Civic Center Custodial and Janitorial Services
21 Chairs will be damp wiped. 3 days per wk
Carpet will be vacuumed and spot cleaned. 5 days per wk Stainless steel sinks and counters will be cleaned. 5 days per wk High and Low Dusting 3 days per wk
OFFICES – APPA Level 1 FREQUENCY
Tiled and linoleum floors will be dust mopped and damp mopped. 1 day per wk Carpets will be vacuumed and spot cleaned. 5 days per wk Wastebaskets and recycling bins will be emptied and cleaned. 5 days per wk Furniture and horizontal ledges will be dusted. 3 days per week Finger marks will be removed from walls and partitions will be spot cleaned to a height of 2 m.
1 day per week
Telephones will be cleaned and disinfected. 1 day per week Horizontal and vertical blinds dusted. 2 times per year Horizontal and vertical blinds spray cleaned in the summer. 2 times per year High and Low Dusting 3 days per wk
WASHROOMS, SHOWERS, CHANGE ROOMS – APPA Level 1 FREQUENCY All fixtures will be cleaned, i.e. bowls, urinals, basins, mirrors, chrome surfaces and interface.
5 days per wk
Waste receptacles will be emptied and cleaned. 5 days per wk All supplies will be replenished. 5 days per wk
Walls will be spot cleaned to a height of 2 m. 5 days per wk Walls will be washed floor to ceiling. 1 day per month
Toilet partitions will be damp wiped. 3 days per wk
Title: Civic Center Custodial and Janitorial Services
22 Floors will be swept and washed. 5 days per wk
Floor drains will be primed. 1 day per wk
Walls and toilet partitions will be kept free of graffiti. 5 days per wk Floor drains will be cleaned and floor drain lids lifted and cleaned. 1 day per month All counters and table tops will be disinfected & damp wiped 5 days per wk High and Low Dusting 3 days per wk
GYM – APPA Level 1 FREQUENCY
Gym flooring vacuumed throughout and spot cleaned. 5 days per wk Tile and lino floors dust mopped and damp mopped. 5 days per wk Waste receptacles emptied & cleaned. 5 days per wk
Desk, counters, sills and ledges dusted. 3 days per wk
Doors, door glass and any partition cleaned. 3 day per wk Lighting fixtures dusted. 1 day per month
Gym equipment disinfected & damp wiped 5 days per wk
Gym lockers disinfected and cleaned 3 days per wk
High and Low Dusting 3 days per wk
COMMON AREAS – APPA Level 1 FREQUENCY
Floors will be swept and damp mopped/washed. 5 days per wk Walls will be spot cleaned up to a height of 2 m. 1 day per wk Waste will be removed to outside container. 5 days per wk Horizontal ledges will be wiped. 1 day per wk
Glass doors will be cleaned. 5 days per wk
Chairs, tables and table legs will be damp wiped 3 days per wk Waste containers will be cleaned - cleaning to include wiping of outside and washing inside with disinfectant.
3 days per wk
Walk-off mats will be vacuumed. 1 days per wk
Title: Civic Center Custodial and Janitorial Services
23 Remove gum from all surfaces. 1 day per month
MEETING ROOMS. CONFERENCE ROOMS, MULTI PURPOSE ROOMS -
APPA Level 1
FREQUENCY
Garbage picked up. 5 days per wk
Carpets vacuumed. 5 days per wk
Upholstered furniture vacuumed. 3 days per wk
Tables damp wiped (policed daily). 5 days per wk
Walls spot cleaned to a height of 2 m. 1 day per wk
Chairs damp wiped. 3 days per wk
Carpets spot cleaned. 5 days per wk
High and Low Dusting to include vertical and horizontal cleaning of all room divider panels.
3 days per wk
FIREPLACE, BBQ PATIO, ATRIUMS, & OUTDOOR REST AREAS - APPA Level 1 FREQUENCY
All furniture will be cleaned, wiped clean. 5 days per wk All food preparation equipment will be cleaned, polished. 5 days per wk Floors, linoleum, tile, concrete, and deck surfaces will be swept and/or mopped.
5 days per wk
Tables, counters, sinks, and horizontal ledges will be dusted, wiped, and cleaned.
5 days per wk
Waste baskets, recycling bins will be emptied and cleaned 5 day per wk
PERFORMING ARTS THEATRES – APPA Level 1 FREQUENCY
Carpets will be vacuumed and spot cleaned. 5 days per wk Tiled and linoleum floors will be dust mopped
and damp mopped.
5 days per wk
Title: Civic Center Custodial and Janitorial Services
24 Waste receptacles will be emptied and
cleaned.
5 days per wk
Desks, counters, sills and ledges will be dusted. 5 days per wk White boards will be cleaned. 5 days per
wk
Floor grilles will be cleaned. 1 day per
month
Door glass and partition glass will be cleaned both sides. 3 days per wk
Horizontal and vertical blinds will be dusted. 2 times per year
Horizontal and vertical blinds will be removed and cleaned in the summer. Up to 2xs/year
Seats, chairs, furniture 3 days per
wk
COMPUTER LABORATORIES – APPA Level 1 FREQUENCY
Carpets will be vacuumed and spot cleaned. 5 days per wk Tiled and linoleum floors will be dust mopped and damp
mopped/washed.
5 days per wk
Waste receptacles will be emptied and cleaned. 5 days per wk Desks, counters, sills and ledges will be dusted and damp wiped. 5 days per wk Chalkboard ledges and erasers cleaned and damp wiped and chalk replenished or replaced.
5 days per week
Chalkboards will be completely cleaned and wiped. Up to 5 days/wk White boards will be cleaned. Up to 5 days/wk
Door glass and partition glass will be cleaned both sides. 3 days per wk Horizontal and vertical blinds will be dusted. 2 times per year Horizontal and vertical blinds will be spray cleaned in the summer. 2 times per year High and Low Dusting 3 days per wk
Title: Civic Center Custodial and Janitorial Services
25 GENERAL OFFICE SPACE – APPA Level 1 FREQUENCY
Tiled and linoleum floors will be dust mopped and damp mopped. 3 days per wk Carpets will be vacuumed and spot cleaned. 3 days per wk Wastebaskets and recycling bins will be emptied and cleaned. 5 days per wk Furniture and horizontal ledges will be dusted. 3 day per wk Finger marks will be removed from walls and partitions will be spot cleaned to a height of 2 m.
3 day per wk
Telephones will be cleaned and disinfected. 1 day per wk Horizontal and vertical blinds dusted. 2 times per year Horizontal and vertical blinds spray cleaned in the summer. 2 times per year High and Low Dusting 3 days per wk
PROJECT WORK FREQUENCY
Wash all walls in entrances, hallways and classrooms 1 time per year Hard surfaces scrubbed and recoated (two coats) 2 times per year Hard surfaces burnished 2 times per year
Hard surfaces stripped and refinished 1 time per year
Hard surfaces spray buffed 1 time per month
Wash walls in offices 1 time per year
Extraction clean all carpets 2 time per year
Vacuum and clean all fabric furniture, wash all vinyl/plastic furniture 2 time per year Wash all building outside perimeter windows 2 times per year All interior glass unless otherwise specified 2 times per year All supply, return and exhaust air diffuser grills will be vacuumed and washed
2 times per year
Clean and sanitize tables and chairs including tops and underneath surfaces, legs and arms including removing gum, etc.
2 times per year
Service rooms: Boiler, Electrical, Mechanical, communications rooms to be dusted, swept, and/or vacuumed.
1 time per month
High and Low Dusting 3 days per wk
Window Washing 1 time per wk
Title: Civic Center Custodial and Janitorial Services
26 Note: Not all areas will receive floor care at the frequencies noted and reductions may be made for low traffic areas and increase for high traffic areas.
APPA APPEARANCE LEVELS DEFINITIONS
Level 1 - Orderly Spotlessness
• Floors and base moldings shine and/or are bright and clean; colours are fresh. There is no buildup in corners or along walls
• All vertical and horizontal surfaces have a freshly cleaned or polished appearance and have no accumulation of dust, dirt, marks, streaks, smudges, or fingerprints. Light all work and fixtures are clean.
• Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate. • Trash containers and pencil sharpeners hold only daily waste, are clean and odor-free.
Level 2 - Ordinary Tidiness
• Floors and base moldings shine and/or are bright and clean. There is no buildup in corners or along walls, but there can be up to two days worth of dust, dirt, stains, or streaks. • All vertical and horizontal surfaces are clean, but marks, dust, smudges, and fingerprints are noticeable upon close observation. Light all work and fixtures are clean. • Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate. • Trash containers and pencil sharpeners hold only daily waste, are clean and odor-free.
Level 3 - Casual Inattention
• Floors are swept or vacuumed clean, but upon close observation there can be stains. A buildup of dirt and/or floor finish in corners and along walls can be seen. • There are dull spots and/or matted carpet in walking lanes. There are streaks or splashes on base molding.
• All vertical and horizontal surfaces have obvious dust, dirt, marks, smudges, and fingerprints.
Lamps all work and fixtures are clean.
• Trash containers and pencil sharpeners hold only daily waste, are clean and odor-free.
Title: Civic Center Custodial and Janitorial Services
27 Level 4 - Moderate Dinginess
• Floors are swept or vacuumed clean, but are dull, dingy, and stained. There is a noticeable buildup of dirt and/or floor finish in corners and along walls. • There is a dull path and/or obviously matted carpet in walking lanes. Base molding is dull and dingy with streaks or splashes.
• All vertical and horizontal surfaces have conspicuous dust, dirt, smudges, fingerprints, and marks. Lamp fixtures are dirty and some lamp (up to 5 percent) are burned out. • Trash containers and pencil sharpeners have old trash and shavings. They are stained and marked. Trash containers smell sour.
Level 5 - Unkempt Neglect
• Floors and carpets are dull, dirty, dingy, scuffed, and/or matted. There is a conspicuous buildup of old dirt and/or floor finish in corners and along walls. Base molding is dirty, stained, and streaked. Gum, stains, dirt, dust balls, and trash are broadcast. • All vertical and horizontal surfaces have major accumulations of dust, dirt, smudges, and fingerprint, all of which will be difficult to remove. Lack of attention is obvious. • Light fixtures are dirty with dust balls and flies. Many lamps (more than 5 percent) are burned out.
• Trash containers and pencil sharpeners overflow. They are stained and marked. Trash containers smell sour.
APPA Cleaning Standards
Title: Civic Center Custodial and Janitorial Services
28 Initially published by APPA in 1992 and now in its second edition, Custodial Staffing Guidelines covers five levels of clean used to assess facility appearance. The guide includes information on such specialized facilities areas as dormitories, health care facilities, and more. Thirty-three room categories in all are covered by the APPA staffing guidelines. The Custodial Staffing Guidelines are based upon the feedback of hundreds of individuals and institutions and have been in use for over two decades by an ever- increasing number of institutions to validate staffing requirements at institutions in higher education as well as K-12, and to justify the need for custodial budgets.
APPA, is the association of choice serving educational facilities professionals. An international association dedicated to maintaining, protecting, and promoting the quality of educational facilities, APPA represents more than 1,500 learning institutions serving over 4,700 individuals.
LEED-EB – Leadership in Energy and Environmental Design for Existing Buildings.
LEED for Existing Buildings establishes a set of performance standards for the sustainable upgrades and operation of existing buildings. Institutions can earn up to two LEED points for using APPA's guidelines as part of the Quality Cleaning section of LEED’s Operations and Maintenance guide to determine the appearance level of the facility.
Title: Civic Center Custodial and Janitorial Services
29 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City or as listed in the Scope of Maintenance Services and the schedule below.
Position/ Services Provided Schedule
(Weekdays
and Non-
Holidays
Monday -
Friday)
Day Porter 1 8:00 AM -
4:30 PM
Day Porter 2 9:00 AM -
5:30 PM
Working Supervisor/Custodian 6:00 PM -
2:30 AM
Custodian 1 6:00 PM -
2:30 AM
Custodian 2 6:00 PM -
2:30 AM
Custodian 3 6:00 PM -
2:30 AM
Title: Civic Center Custodial and Janitorial Services
30 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Contractor shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of ONE MILLION ONE HUNDRED EIGHTY- TWO THOUSAND NINETY-TWO DOLLARS ($1,182,092.00) billed on a monthly basis utilizing the following rates.
Position/ Services Provided Schedule
(Weekdays and
Non-Holidays
Monday - Friday)
Monthly Rate Annual Not-to
Exceed Cost
Day Porter 1 8:00 AM - 4:30 PM $ 5,500.00 $ 66,000.00 Day Porter 2 9:00 AM - 5:30 PM $ 5,500.00 $ 66,000.00 Working Supervisor/Custodian 6:00 PM - 2:30 AM $ 5,653.00 $ 67,836.00 Custodian 1 6:00 PM - 2:30 AM $ 5,348.00 $ 64,176.00 Custodian 2 6:00 PM - 2:30 AM $ 5,348.00 $ 64,176.00 Custodian 3 6:00 PM - 2:30 AM $ 5,348.00 $ 64,176.00 Total Annual Cost $ 392,364.00
Total 3- Year Term $ 1,177,092.00
Extra Work $ 5,000.00
Total Not to Exceed (Years 1-3) $ 1,182,092.00
Extra Work outside of monthly services shall not exceed $5,000 and shall be performed using the following hourly rates:
Position/ Services Provided Hourly Rate
Day Porters (Normal Rate) $ 18.54
Day Porter (Overtime Rate) $ 27.81
Custodians/ Night Crew (Normal Rate) $ 18.03 Custodians/ Night Crew (Overtime Rate) $ 27.04 Floor/ Utility (Normal Rate) $ 20.60
Floor/ Utility (Overtime Rate) $ 30.90
Title: Civic Center Custodial and Janitorial Services
31 In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.
Title: Civic Center Custodial and Janitorial Services
32 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
Title: Civic Center Custodial and Janitorial Services
33 (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified
Title: Civic Center Custodial and Janitorial Services
34 copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
Exhibits List
A - Request_For_Proposals_For_Civic_Center_Custodial_and_Janitorial_Services (dragged)
Exhibit A
Request_For_Proposals_For_Civic_Center_Custodia
l_and_Janitorial_Services (dragged)
Request for Proposal (RFP) #TBD
Title: Request For Proposals For Civic Center Custodial and Janitorial Services 42 8. Pricing Proposal
COMPENSATION
Schedule (Weekdays and Non-Holidays Monday - Friday)
Line Item Position/ Services
Provided
Schedule
(Weekdays
and Non-
Holidays
Monday -
Friday)
Quantity Unit of
Measure
Unit Cost Total
1 Day Porter 1 8:00 AM -
4:30 PM
1 Monthly
Rate
2 Day Porter 2 9:00 AM -
5:30 PM
1 Monthly
Rate
3 Working
Supervisor/Custodian
6:00 PM -
2:30 AM
1 Monthly
Rate
4 Custodian 1 6:00 PM -
2:30 AM
1 Monthly
Rate
5 Custodian 2 6:00 PM -
2:30 AM
1 Monthly
Rate
6 Custodian 3 6:00 PM -
2:30 AM
1 Monthly
Rate
TOTAL
EXTRA WORK OUTSIDE OF MONTHLY SERVICES SHALL NOT EXCEED $5,000 Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Porters (Normal Rate) 1 Hourly Rate
2 Porters (Overtime Rate) 1 Hourly Rate
3 Custodians/ Night Crew (Normal Rate) 1 Hourly Rate
4 Custodians/ Night Crew (Overtime
Rate)
1 Hourly Rate
Request for Proposal (RFP) #TBD
Title: Request For Proposals For Civic Center Custodial and Janitorial Services 43 Line Item Description Quantity Unit of
Measure
Unit Cost Total
5 Floor/ Utility (Normal Rate) 1 Hourly Rate
6 Floor/ Utility (Overtime Rate) 1 Hourly Rate
TOTAL