EBIX Insurance No. S200000277
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
UNIVERSAL SITE SERVICES, INC.
FOR THE 2017-2022 JANITORIAL AND PRESSURE WASHING SERVICES
AT THE SANTA CLARA CONVENTION CENTER COMPLEX
PREAMBLE
This agreement for the performance of services ("Agreement") is by and between Universal Site Services, Inc., a California cotporation, with its principal place of business located at 760 East Capitol Avenue, Milpitas, California 95035 ("Contractor"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; and
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide ce1tain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. EMPLOYMENT OF CONTRACTOR.
City hereby employs Contractor to perform services set f011h in this Agreement. To accomplish that end, City may assign a Project Manager to personally direct the Services to be provided by Contractor and will notify Contractor in writing of City's choice. City shall pay for all such materials and services provided which are consistent with the tenns of this Agreement.
2. SERVICES TO BE PROVIDED.
Except as specified in this Agreement, Contractor shall furnish all technical and professional services, including labor, matedal, equipment, transpmtation, supervision and expe1tise ( collectively referred to as "Services") to satisfactorily complete the work Agreement for the Perfomrnnce of Services/Universal Site Services, Inc.
Rev. 02/01/15
Page I cif!O
required by City at his/her own risk and expense. Services to be provided to City are more fully described in Exhibit A entitled "SCOPE OF SERVICES." AIi of the exhibits referenced in this Agreement are attached and are incorporated by this reference.
3. COMMENCEMENT AND COMPLETION OF SERVICES.
A. Contractor shall begin providing the services under the requirements of this Agreement upon receipt of written Notice to Proceed from City. Such notice shall be deemed to have occurred three (3) calendar days after it has been deposited in the regular United States mail. Contractor shall complete the Sen;ices within the time limits set forth in the Scope of Services or as mutually dete1mined in writing by the Parties.
B. When City dete1mines that Contractor has satisfactorily completed the Services, City shall give Contractor written Notice of Final Acceptance. Upon receipt of such notice, Contractor shall not incur any further costs under this Agreement.
Contractor may request this determination of completion be made when, in its opinion, the Services have been satisfactorily completed. If so requested by the contractor, City shall make this dete1mination within fourteen (14) days of its receipt of such request.
4. QUALIFICATIONS OF CONTRACTOR - STANDARD OF WORKMANSHIP.
Contractor represents and maintains that it has the necessary expe1iise in the professional calling necessary to perform services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractoi· shall perform such services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
The plans, designs, specifications, estimates, calculations, repmis and other documents furnished under Exhibit A shall be of a quality acceptable to City. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically cmrnct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be"that used by City for similar projects.
5. TERM OF AGREEMENT.
Unless otherwise set fo1ih in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the initial term of this Agreement shall begin on the Effective Date of this Agreement \Ind terminate on June 30, 2020. The City Manager shall have the option to extend the Agreement for up to two (2) additional te1ms of one (1) year each. The City Manager shall exercise each option by notifying Contractor in writing no later than sixty ( 60) days in advance of the then-c1.11Tent te1m.
Agreement for the Performance of Services/Universal Site Services, Inc.
Rev. 02/0l/15
Page2 of IO
6. MONITORING OF SERVICES.
City may monitor the Services performed under this Agreement to determine whether Contractor's operation confmms to City policy and to the te1ms of this Agreement. City may also monitor the Services to be performed to dete1mine whether financial operations are conducted in accord with applicable City, county, state, and federal requirements. If any action of Contractor constitutes a breach, City may terminate this Agreement pursuant to the provisions described herein.
7. WARRANTY.
Contractor expressly wa11'ants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based.
Contractor agrees to promptly replace or co!1'ect any incomplete, inaccurate, or defective Services at no further cost to City when·defects are due to the negligence, e!1'ors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may inake corrections or replace materials or services and charge Contractor for the cost incurred by City.
8. PERFORMANCE OF SERVICES.
Contractor shall perform all requested services in an efficient and expeditious manner and shall work closely with and be guided by City. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for fue acts and omissions of persons directly employed by it. Contractor will pe1form all Services in a safe manner and in accordance with all federal, state and local operation and safety regulations.
9. · _BUSINESS TAX LICENSE REQUIRED.
Contractor must comply with Santa Clara City Code section 3.40.060, as that section may be amended from time to time or renumbered, which requires that any person who transacts or carries on any business in the City of Santa Clara pay business license tax to the City. A business tax certificate may be obtained by completing the Business Tax Affidavit Form and paying the applicable fee at the Santa Clara City Hall Municipal Services Division.
10. RESPONSIBILITY OF CONTRACTOR.
Contractor shall'be responsible for the professional quality, teclmical accuracy and coordination of the Services furnished by it under this Agreement. Neither City's review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under fuis Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor negligent performance of any of the Services furnished under this Agreement.
Agreement for the Performance of Services/Universal Site Services, Inc.
Rev. 02/01/15
Any acceptance by City of plans, specifications, construction contract documei1ts, reports, diagrams, maps and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with applicable federal, state, county, and/or municipal laws, ordinances, regulations, mies and orders.
11. COMPENSATION AND PAYMENT.
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and se1vices rendered by Contractor at the rate per hour for labor and cost per unit for matetials as outlined in Exhibit B, entitled "SCHEDULE OF FEES."
Contractor will bill City on a monthly basis for Se1vices provided by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thitty (30) days of City's receipt of invoice.
12. TERMINATION OF AGREEMENT.
Either Patty may tenninate this Agreement without cause by giving the other Patty written notice ("Notice of Termination") which clearly expresses that Patty's intent to terminate the Agreement. Notice of Termination shall become effective no less than thfrty (30) calendar days after a Party receives such notice. After either Patty terminates the Agreement, Contractor shall discontinue further services as of the effective date of termination, and City shall pay Contractor for all Services satisfactorily perfonned up to such date.
13. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hfre subcontractors without express written permission from City.
14. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be constr·ued to be an agreement for the benefit of any thit·d party or patiies and no thit·d patty or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
15. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement at·e independent contractors and do not act as agent(s) or employee(s) of City. Contr·actor has full rights, however, to manage its employees in their performance of Se1vices under this Agreement. Contractor is not authorized to bind City to any contr·acts or other obligations.
Agreement for the Performance of Services/Universal Site Services, Inc.
Rev. 02/01/15
16. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of City or incur any obligation in the name of City. Contractor shali save and hold harmless the City, its City Council, its officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of City's credit by Contractor under this Agreement.
17. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other infonnation developed or received by or for Contractor and all other written info1mation submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior Wiitten consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with perfonnance of the Services. Nothing furnished to Contractor which is otheiwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
18. USE OF CITY NAME OR EMBLEM.
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express WI"itten consent of City.
19. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, repmts and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the prope1ty of City but Contractor may retain and use copies thereof.
City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third patties.
20. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR.
, City, through its authorized employees, representatives or agents shall have the right during the te1m of this Agreement and for three (3) yeat"s from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including te1mination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City.
Agreement for the Performance of Services/Universal Site Services, Inc.
Rev, 02/01/15
Contractor shall submit to City any and all repo11s concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's repo11ing requirements to the State and other agencies with respect to Contractor's Services hereunder.
21. CORRECTION OF SERVICES.
Contractor agrees to cmrnct any incomplete, inaccurate or defective Services at no fm1her costs to City, when such defects are due to the negligence, enors or omissions of Contractor.
22. FAIR EMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because ofrace, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law.
23. HOLD HARMLESS/INDEMNIFICATION.
To the extent pennitted by law, Contractor agrees to protect, defend, hold hamtless and indemnify City, its City Council, cohnnissions, officers, employees, volunteers and · agents from and against any claim, injmy, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any claim arising therefrom, for which City shall become liable arising from Contractor's negligent, reckless or wrongful acts, enors, or omissions with respect to or in any way connected with the Services perfo1med by Contractor pursuant to this Agreement.
24. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set fmih in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the Perfo1mance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defmed in Exhibit C.
25. AMENDMENTS.
· This Agreement may be amended only with the written consent of both Parties.
26. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between City and Conh·actor. No other lmderstanding, agreements, conversations, or otherwise, with any representative of City prior to execution of this Agreement shall affect or modify any of the te1ms or obligations of this Agreement. Any verbal agreement shall be considered unofficial inf01mation and is not binding upon City.
Agreement for the Performance of Services/Universal Site Services, Inc.
Rev. 02/01/15
27. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall ncit affect the validity of the other provisions, which shall remain in full force and effect.
28. WAIVER.
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be constrned as waiver(s) of any other condition of perfo1mance under this Agreement.
29. NOTICES.
All notices to the Parties shall, unless othe1wise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Building Maintenance
1500 WarbuttonAvenue
Santa Clara, California 95050
or by facsimile at (408) 247-0594
And to Contractor addressed.as follows:
Name:
Address:
Universal Site Services, Inc.
760 East Capitol Avenue
Milpitas, California 95035
or by facsimile at (408) 258-0122
If notice is sent via facsimile, a signed, hard copy of the material shall also be mailed.
The workday the facsinille was sent shall control the date notice was deemed given if there is a facsimile machine generated document on the date of transmission. A facsimile transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
30. CAPTIONS.
The captions of the various ·sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or refen-ed to in resolving questions of interpretation.
31. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States Dish-ict Coutt, No1thern District of California, San Jose, California.
Agreement for the Performance of Services/Universal Site Services, Inc.
Rev. 02/01/15
32. DISPUTE RESOLUTION.
A. Unless otherwise muhially agreed to by the Patties, auy controversies between Contractor and City regarding the constrnction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thilty (30) days of the written request of one Patty after the service of that request on the other Party.
B. The Patties may agree on one mediator. If they cannot agree on one mediator, the Patty demanding mediation shall request the Superior Cmut of Santa Clara County to appoint a mediator. TI1e mediation meeting shall not exceed one day ( eight (8) hours). The Patties may agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any comt. In the event of mediation which arises out of any dispute related to this Agreement, the Patties shall each pay their respective attorney's fees, expert witness costs and cost of suit through mediation only. In the event oflitigation, the prevailing Pmty shall recover its reasonable costs of suit, expett' s fees, and attorney's fees. If mediation does not resolve the dispute, the Patties agree that the matter shall be litigated in a court of law, and not subject to the mbitration provisions of the Public Contracts Code.
33. COMPLIANCE WITH ETIDCAL STANDARDS.
Contractor shall:
A. Read Exhibit D, entitled "ETillCAL STANDARDS FOR CONTRACTORS
SEEKING TO ENTER INTO AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA"; and,
B. Execute Exhibit E, entitled "AFFIDAVIT OF COMPLIANCE WITH ETIDCAL STANDARDS."
34. AFFORDABLE CARE ACT OBLIGATIONS
To the extent Conh·actor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similm· federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rnlings, or tax payments associated with Contractor's responsibilities under the Act.
35. CONFLICT OF INTERESTS.
This Agreement does not prevent either Patty from entering into similar agreements with other pmties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial Agreement for the Perfonilance of Services/Universal Site Services, Inc.
Rev. 02/01/15
interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and ce1iifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
36. PROGRESS SCHEDULE .
. The Progress Schedule will be as set f01ih in the attached Exhibit F, entitled "MILESTONE SCHEDULE" if applicable:
37. PREY AILING WAGES.
Labor Code Compliance. Contractor must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Aiiicles 1-7. Contractor agrees to include prevailing wage requirements in its contracts for the Project. · Requirements in Subcontracts. Contractor shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement. Subcontracts shall include all prevailing wage requirements set fo1ih in Contractor's contracts.
This Agreement may be executed in counterpatis, each of which shall be deemed to be an original, but both of which shall constitute one mid the same instrument; and, the Patiies agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Patiies.
Agreement for the Performance of Services/Universal Site Services, Inc.
Rev. 02/01/15
The Parties acknowledge and accept the te1ms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Patties that this Agreement shall become operative on the Effective Date.
APPROVED AS TO FORM:
~B DOYLE
\ • Interim City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
RA VBATRA
City Manager
1500 Warbmton Avenue
Santa Clara, CA 95050 ATTEST~
ROD DIRIDON, JR.
City Clerk
Telephone: (408) 615-2210
Fax: ( 408) 241-6771
"CITY"
UNIVERSAL SITE SERVICES, INC.
a California cor or tion
Dated: S-- d- S.- ) d- \J \ -~~--~~---'---\--~/
By: ~--~--~~~=~==;=~;::=;:-::-(Signature of Person executing the Agreement on behalf of Contractor)
Naine: Cln·is Dickie
Title: Director of Sales and Marketing
Local Address: 760 East Capitol Avenue
Milpitas, California 95035
Email Address: [email protected]
Telephone: ( 800) 647-9337
Fax: ( 408) 258-0122
"CONTRACTOR"
S:IAttorneylAGREEMENTS\Service\OVER SSOK SERVICE AGREEMENT FORM.doc Agreement for the Performance of Services/Universal Site Services, Inc.
Rev. 02/01/15
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
UNIVERSAL SITE SERVICES, INC.
FOR THE 2017-2022 JANITORIAL SERVICES AND PRESSURE WASHING
AT THE SANTA CLARA CONVENTION CENTER COMPLEX
EXIIlBITE
AFFIDAVIT OF COMPLIANCE WITH ETIDCAL ST AND ARDS
I hereby state that I have read and understand the language, entitled "Ethical Standards" set fo1th in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of "Contt'actor" contained in Ethical Standards at footnote 1.
Based on my review of the appropriate documents and my good-faitlt review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said "Contractor" category [i.e., owner or co-owner of a sole proprietorship, general pa1tner, person who controls or has power to control a business entity, etc.) has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
Tlie above asse1tions are ttue and co1Tect and are made under penalty of pe1jruy under the laws of the State of California.
By:
Signature of Authorized Person or Representative
/IL,,.,;---, '"' 'i;---.,. l; ~ '\ ~ h d California All purpose Name: -~L'--""-fi~ 11 __ ...-.. ___ u_~v~-lL~~.__a,,-~S=ecceccA~tt_a_c~e--t for the Notarization ~ ~ ~ Acknow\edgemen
Title: -~V~~-~-~-~~---------
NOTARY'S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public's acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalfofa corporation, partnership, or other legal entity, the entity's complete legal name and the title of the person signing on behalf of the legal entity shall appear above. Written evidence of the authority of the person executing this affidavit on behalf of a corporation, partnership, joint venture, or any other legal entity, other than a sole proprietorship, shall be attached.
Agreement with Universal Site Services, Inc./Milestone Schedule/Exhibit F Rev. 02/01/15
Page I of I
CALIFOHNIA ALL PURPOSE ACKN.OtVLEDGIVIEt,.fT
A notary public or other officer completLrtg this certificate verifies only the identity of the individual who signed the document to whic..h this certilicate is attad1ed, ancj not the t1uth..fu.lness, accuracy, or validity of that docun1ent.
STATE OF CALtFORNLA
0n <:,/7/,7 I ,
Public,
Date
before me, RASII( G. PATEl
(here insert name and title oftbe offic~r)
, personally appeaied --'-c--'-'h ..... n"-'-=·~c.__~V~1.t....::=C:,_/<.>..Cf____,,e_=---------- fi
who proved to me on the basis of satisfactory evidei,ce to bet.he person(s) whose name(s) is ~ubscribed to_ the wi~n i...strrun:'.-nt_and acl~o~!edgeA'f ~e thathe/sl;ieftl,:eye~ecu~ed_ the same m his/herftherr aut.honzed capacny(1es), a.rid Lhar by Jaisf~ s1gnatme(s) on the msrrument the person(s), or t.he entity upon behalf of which t.he person(s) acted, executed the i.nstrument.
I certify 1mder PENALTY OF PERJURY 1mder t.he laws of the State of California that the foregofr1.g paragraph is hue and correct.
WITNESS my ha.nd and official seal.
__________ OPTIONAL _________ _
DescriptionofAttached~~;\rtJ'1'.- t- ~f 1"~~ yf (M ~~
Title or Type of Docu.mel.1/: ~------------ Number of Pages: f d-{ ::,. L Document Date: 6/1/ / 7 Other: ___________ _
2015 Apostille Ser-ice. 707-992-5551 www.CalifomiaAoostille.us California Mobile Notarv Nehvork www.CAMNN.com
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
UNIVERSAL SITE SERVICES, INC.
FOR THE 2017-2022 JANITORIAL AND PRESSURE WASHING SERVICES
AT THE SANTA CLARA CONVENTION CENTER COMPLEX
EXHIBITA
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are more fully described in the Contractor's proposal entitled "Pressure Washing and Day Porter", dated April 6, 2017, which is attached to this Exhibit A. In the event of a conflict between the tenns of this Exhibit A and the terms of the main Agreement, the terms of the main Agreement shall control.
Agreement with Universal Site Services, Inc.IS cope of Services/Exhibit A Rev. 02/01/15
Page I of 13
I. SPECIFICATIONS-GENERAL
A. Scope of Work
Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation and supervision to manage and perform the hardscape pressure Vv'ashlng and day porter custodial services as set forth herein. A Site Map - Plate A is attached to this Exhibit A.
B. Work Force
1. General
Contractor's employees shall have the training and experience to provide the commerclal cleanlng services set forth herein. Contractor is expected to maintain a consistent site presence seven (7) days a week, including holidays (except Thanksgiving and Christmas). Contractor is responsible to have adequately maintained backup equipment and relief work force. My personnel staffing level changes will require justification as to how the level of Service will be maintained, and the approval of the City's Representative.
The day porter workforce is to be onsite seven days (Monday thru Sunday) and Is to consist of least one (1) full time Day Porter from at leasl 7:00 a.m. to 3:30 p.m. on weekdays; and at least one(1) full time Day Porter from 10:00 a.m. to 6:00 p.m. on Saturday and Sunday. These hours may change and additional hours may be added from time to time as determined by the City's Representative. High pressure cleaning workforce is to be scheduled between the hours of 6:00 p.m. and 7:00 a.m.
Contractor shall provide City's Representative with a list of all employees Vvno work on the site along with their schedules, and designate employees who 'Nill be assigned to the s~e full time. Employees are lo be made available to the City's Representative for communication by cell phone during work hours Contractor is to assign a project supervisor to direct employees, to inspect work to ensure it meets required standards, and to coordinate with the City's Representative regarding special projects and weekly status reports. The site superintendent is required to attend one (1) Conven_tlon Center Complex Assessment District meeting (one to one and one-half hours in length) each month.
Contractor's personnel used for work under the contract shall project a positive public image and are to be personably presentable at all times. All personnel shall be courteous and responsive to the general public.
Agreement with Universal Site Services, Inc./Scope ofServices/Exllibit A Rev. 02/01/15
Contractor is responsible for training and educating employees working at the site.
All employees shall be thoroughly familiar 'Mth the methods, equipment, schedules and quality of work required. Personnel education and training shall be at Contractor's expense and no payment shall be made therefore.
Contractor shall remove any employee from work under the contract at the request of the City's Representative.
2. Contractor's employees shall comply with the follo'Mng requirements:. a. Observe and report deficiencies.
b. Communicate effectively with the public. The Contractor shall make every effort to hire bilingual (English/Spanish) personnel for the work under the contract. c. Understand vvritten and oral instructions, schedules and procedures. d. Wear a company uniform v.1th Contractor's name and illsignia at all times while performing work under the contract within the boundaries of the Comj)lex.
Unifonns shall consist of shirts, pants, jackets and rainwear, in summer and winter versions. Uniform shall be acceptable to the City's Representative.
Contractor shall procure uniforms at Contractor's sole expense. e. Attend Contractor's training program on the Complex facilities, unique features, public relations etiquette, complaint procedures, care and use of uniforms, etc.
Employees who have not received this training shall not be permitted to work under this contract.
f. U.S. citizenship or valid U.S. mrk permit.
g, Eighteen (18) years of age.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
h. Free of felony or major misdemeanor criminal record, and multiple DU l's. i. Possess a valid California drNer's license or valid State of California identification card.
j. Successfully pass Contractor's required Drug and Alcohol Pre-employment test and ongoing Drug and Alcohol Abuse Prevention and Testing program.
Contractor Is to provide a copy of the program to the City. k. Pass Contractor's pre-employment background checks, previous employment check, and reference check.
I. Physically able to accomplish various tasks required. m. Contractor is responsible to conduct all testing, checks, and pay all costs associated with the items in this section (B. Work Force).
C. Workmanship and Quality Level
1 .. It is the intention of the City that a first-class standard of maintenance be applied in the area covered by this contract. The Contractor's actions shall always be in accordance 'Mth this primary concern for quality.
2. All v,:,rk shall be performed by experienced personnel directly employed and supervised by Contractor. Contractor shall provide management and technical supervision as required to Implement the work. Contractor shall accompany the City's Representative on an inspection tour once mekly, or more frequently as · requested by the City.
3. Contractor shall be responsible for the skills, methods and actions of his/her . employees and for all \vork done.
4. Contractor shall perform the work herein to the satisfaction of the City's Representative. The City's Representative \Nill make Inspections on a regular basis to determine Contractor's conformity with these specifications and the adequacy of the work being performed. Contract9r shall be available for consultation with the City as needed.
5. Maintenance Deficiencies: Contractor will be notified by phone when work has not been completed as per specifications. If Contractor has not responded to make required corrections within tv,:, (2) hours, the City's Representative shall have the Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
Page4 of 13
authority to take action to perform the work necessary to bring the facility to a proper condition and the Contractor will be charged for the cost of these services.
D. Compliance with Law
Contractor shall, at his or her expense, obtain all necessary permits and licenses, etc. required for performance of this project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safely.
E. Protection of General Public (i.e. barricades and cones) Whenever necessary, such as when lhOrk is being done in the roadway, elevator bays or on walk'Nays, Contractor shall take precautionary measures such as displaying signs and placing barriers to alert and protect the public while maintenance v-.ork is being performed. The provisions of the preceding sentence shall not impose-any liability upon the City and are for the express benefit of the public. Signs and barriers will be provided at Contractor's expense.
F. Progress Pliyments
Contractor shall submit an invoice for payment .on a monthly basis to the following address:
City of Santa Clara
c/o Orchard Commercial
2055 Laurelwood Road, Suite 130
Santa Clara, CA 95054
[email protected]
G. lndependentContractor
The bidder receiving an award agrees that he/she will be acting as an independent contractor, not as an agent or as an employee, of the City of Santa Clara.
H. Penalties for Non-Compliance Vvith Agreement
If City's Representative determines that Contractor's services were not provided per Agreement, City may reduce payment for each day services are not performed. Crty shall notify Contractor by phone as soon as Possible concerning non-compliance. If Contractor can correct deficiencies vlithin two (2) hours of notification, no reduction in payment shall be·made. If not corrected within two (2) hours of notification on the same day of non-compliance, or as otherwise agreed upon, City shall deduct one hundred fifty ($150) dollars per day of non-compliance from payment due. to Contractor. Contractor shall meet \Yflh City's Representative and discuss corrective actions taken to prevent future contract performance deficiencies.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
I. Materials and Equipment
All materials and equipment used shall either confirm to bid specifications, or shall otherwise be acceptable to the City. Cleaning agents and methods are not to damage any surfaces. Materials and equipment are to be provided at Contractor's sole expense.
Waler will be furnished by the City. Blowing and pressure washing equipment is to be the quietest that is reasonably available.
J. Refuse ~ollection and Disposal
Contractor shall dispose of all refuse collected by his/her operations throughout the workday. An area will be designated 'Nhere Contractor may place a storage container and arrange for pickup services at Contractor's expense. Alternatively, Contractor may arrange to take refuse offsite to an approved \vaste disposal facility and pay all costs involved.
II. SPECIFICATIONS-DETAILED
A. Hardscape Surface Cleaning
Contractor is to high pressure v,,.ater wash all granite, concrete, exposed aggregate, bomanite, sidewalk and patio surfaces and all street furniture, Including interiors and exteriors of trash receptacles. Included are pedestrian bridge and gaiag'? structure elevator bays and stairwells.
1. Completion Criteria Hardscape Pressure Washing
a. All listed hardscape areas in Plate A shall be cleaned at the indicated intervals, including but not limited to sidewalks, walkways, patios, etc. b. Professional 3000-PSI hot water power washing equipment or other equipment approved by City's Representative is to be used to pressure wash entryways and main walkways.
c. Hardscape areas shall be cleaned of dirt, stains, gum, oil, tar, and residue to present a high quality appearance follovving·each scheduled visit. d. Accumulated water remaining after the cleaning shall be removed completely so that no puddling exists.
e. Until dry, the areas, where practical, shall be barricaded or otherwise isolated.
f. Contractor shall clean all areas up to the entrance doors of each building.
This includes, but it not limited to, steps, handicap ramps, side entrances, etc. g. Contractor shall also meet the criteria for cleaning as specified below.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
2. ConlamlnaledWaler
Only uncontaminated potable water may flow into surface drains. No cleaning agents or water contaminated from petroleum waste or any other hazardous waste may be allowed lo flow into the surface drains. Contractor shall comply with all NPDES requirements and o.ther legal requirements regarding containment of discharge into the storm drain system. Commercial Best Management Practices for surface cleaning are to be followed and Contractor must be BASMAA-certified.
3. Frequency of Service (See attached map for locations) a. Granite and concrete surfaces near entrances to Techmart, Convention Center, and Hyatt shall be pressure washed a minimum of one (1) time per week.
b. Main walkways, pedestrian bridge, and the patio area behind the hotel shall be pressure washed (1) time per week.
c. Parking Structure elevator bays and stairwells shall be pressure washed one (1) time per week.
d. Exterior concrete furnishings and trash receptacles will be pressure washed one (1) time per month.
e. Surrounding walkways, bomanite in front of Hyatt, Techmart, and Convention Center, and garage third level parking deck surface shall be pressure washed one (1) time per quarter. ·
f. The exterior walls of the parking structure and pedestrian bridge, and asphalt and concrete in surface parking lois shall be pressure· washed upon request. g. Parking structure sheenvalls and railings shall be pressure washed upon request.
h. All areas within the pressure washing scope may require addit.ional spot cleaning as needed, to be incorporated into the janitorial labor budget.
4. Scheduling and Notice
Specified hardscapes shall be cleaned between the hours of 6:00 a.m. and 7:00 a.m.
City's Representative ·to be provided a schedule Ot cleaning and shall be notified at least 48 hours prior to cleaning if there shall be a temporary change In the schedule commencing in the parking structure or on surface parking lots. ·
5. Operating Criteria
a. All trash, debris, tar, freestanding oll, grease, liquids, "green waste," food, cigarette butts, stains, liquids, blood, bird defecation, broken glass, and other materials, substances, and contaminants shall be removed from hardscapes (I.e.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
sidewalks, walkways, patio, boardwalks, quads, esplanades) prior to cleaning operations.
b. The removal of material~, substances, and contaminants prior to cleaning operations may require the use of scrub brushes, sponges, mops, or other tools or utensils. Gum is to be scraped as needed. Stains (gum, oil, soda etc.) will be pretreated as needed with biodegradable, non-toxic product. All cleaning agents or residuals thereof, used in this process must be completely removed prior to beginning cleaning operations.
c. During regular cleaning operations, Contractor may use high pressure, low~ volume washers, and steam cleaners as necessary to thoroughly clean surfaces.
Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surface. d. At the beginning of cleaning operations, Contractor shall strategically place approved slgnage and/or barricades at appropriate locations to alert patrons that cleaning is taking place and that the walkways may be slippery. At all times Contractor shall safe guard the public from conditions made unsafe by Contractor's operations.
e. During cleaning operations should Contractor notice a hazardous condition he/she shall make the area safe by barricading the area and notifying the City's Representative Immediately. It shall be the City's responsibility to remedy the unsafe condition unless the Contractor created the condition.
f. The nozzle pressure of equipment shall not be so great so as to dislodge tile/paver grout or cause damage to hardscapes.
g. If the nozzle pressure of equipment used to loosen and clean hardscapes Is insufficient to thoroughly wash the surface, scrub brushes and cleaners may be require to remove the materials and produce a thoroughly clean surface.
h. All cleaned surfaces shall be rinsed clean and no fine grit or grime shall be allowed to remain.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
I. Glass surfaces, which may get wet as a result of cleaning operations, shall be hand-dried Immediately after the concluslon of the operation in the immediate area.
j. Immediately following the cleaning of the hardscape areas, all materials generated by the operation shall be collected and placed In Contractor's onsite · traSh container or otherwise removed from the site.
k. All areas barricaded while drying shall be opened by Contractor and made available for use when the area(s) are completely dry.
B. Day Porter Services
Contractor Is to provide day porter custodial services seven (7) days per week consisting of at least 1 full time Day Porter from at least 7:00 a.m. to 3:30 p.m. on Monday through Friday and at least one full time Day Porter from 10:00 a.m. to 6:00 p.m. on Saturday and Sunday to maintain all common areas in the Complex in first-class clean condition.
Contractor shall use environmentally-friendly products, whenever possible, pre-approved by the City's Representative.
1. Completion Criteria Day Porter Services
These standards are an outline of general expectations of cleanliness, bi.it are not meant to replace or supersede the latest industry standards or materials and equipment manufacturers' recommendations. The quality level of services as outlined in these specifications shall consistently be maintained. a. Chrome Surfaces• Cleaning chrome requires the removal of surface spots, fingerprints, smudges, etc. with the appropriate chrome polish.
Standard: Surfaces ½ill present a clean uniform shining appearance free of all soil, marks, smudges, and streaks.
b. Damp Mopping - Damp mopping requires the use of cotton or similar yarn type string mops (24 oz.) that have been mechanically wrong/squeezed to remove excess solution for purposes of removing light soil, dirt, liquid or other foreign material from a floor that does not require the complete mopping of the area or when the area ls not soiled sufficiently to require wet mopping.
Standard: A damp mopped floor shall be free of all dirt, debris soil, liquids or other foreign material. All splash marks/spots on vValls and furniture/fixtures shall be removed before completion of the damp mopping task.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
c. Disinfecting - Disinfecting Is the application of a germicidal solution to surfaces to kill or neutralize 99.9% of the material containing or supporting the growth of bacteriaUviral organisms. Surfaces should remain "mt" for a minimum of 10 minutes or per manufacturer's recommendation.
Standard: Surfaces shall be cleaned of material containing living bacteria, viruses, or other contaminations that are capable of causing infections. d. Dusting - Normal or low dusting includes all levels up to six (6) feet in height.
All high dusting will be above six (6) feet high.
Standard: Items shall be free of any laden airborne materials, streaks, smudges, and cobwebs. Laden airborne matter shall be removed by either mechanical, chemical, or manual means. Devices which merely displace or redistribute the matter, such as feather dusters, will not be used. e. Policing - Policing is picking up paper, trash, empty bottles, containers, and other discarded materials; spillages, accidents, plunibing failures, and Inclement weather. Standard: Area(s) being policed shall be free of debris.
Area(s) shall present an overall clean appearance.
f. Polishing " Polishing requires the use of a high-speed floor machine and a clean pad designed for polishing or buffing.
Standard: The floor should have a "non-yellowed" high-gloss appearance. g. Receptacles and Cleaning - Cleaning and disinfecting receptacles is defined as wiping or v,,,ashlng containers v.ith a germicidal solution and replacing plastic liners. Standard: Receptacles shall be considered properly cleaned when both the inside and outside are clean, free of stains, dried refuse and odors, and a plastic liner replaced, if necessary.
h. Spot Cleaning - Spot cleaning requires the removal of dirt, soil, debris, liquids, stains, or other foreign materials from carpeted areas which can be accomplished by cleaning only the immediately affected area where cleaning the whole area would not be necessary. Spot cleaning may be accomplished by 9-ny of the methods contained herein and as dictated by the circumstances of the soiling. Carpet spots shall be removed immediately with an approved carpet cleaning solution In such a manner, \oVhlch will not leave rings or discoloration.
Standard: Spot cleaning shall remove completely any evidence of the soiling which necessitated the cleaning, and return the finish of the area affected to its pre-soiled condition without evidence of occurrence or cleaning.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
i. SWeeping or Dust Mopping - Smeping/dust mopping requires the removal of loose dirt, dust, debris, and other foreign materlal through either manual or mechanized methods, as appropriate for_ the location and sit'uation.
Standard: A swept area shall be free of all loose dirt, grit, lint, dust, debris, or other foreign material with no build up in corners, crevices, under or around furniture. All items moved to remove dirt shall be returned to their original location.
j. TrashM/aste Removal - Trash/waste removal requires the collection of all materials, which have been placed into' appropriate containers, and taken to a specified site for disposal.
Standard: All trash/vvaste and soiled liners shall be removed from all trash/waste containers, and a new trash/waste liner shall be fitted into all such containers.
k. Vacuuming - Vacuuming requires the mechanical removal of loose dust, dirt, soil, debris, and other foreign material from carpeted floors and other Items (e.g: couches, chairs, walls, curtains/drapes), 'MIich require this method of cleaning. Standard: There shall be no evidence of any dust or dirt or any other loose foreign material. Materials shall be left in a lint free state.
I. Wet Mopping -Wet mopping requires the removal of built up dirt, soil, liquids, or other foreign materials from a floor using clean cotton or similar yarn type string mops (24 oz.) and mechanically wrung out so as to have sufficient neutral detergent and water solution or disinfecting detergent and water solution. This shall Include rinsing if required or as recommended. by the detergent manufacturer.
Standard: A wet mopped floor shall be free of all dirt, debris, soil, liquids, or other foreign material. It will present a uniform appearance free of streaks, smudges, heel marks, or any other marks, which can be reasonably removed through this cleaning method. All splash marks/spots on walls and furniture/fixtures shall be removed before completion of the wet mopping task. All items moved to accomplish this task shall be returned to their original positions.
2. Operating Criteria and Frequency of Service
a. Trash/Recycling Receptacles -Contractor shall inspect and remove debris from 46 trash receptacles daily and Wee per day on 16 other receptacles.
The locations of the 16 receptacles v.ill be identified by City's Representative.
Normal servicing Includes removing the plastic liner, properly disposing of the refuse, replacing the plastic liner, cleaning and disinfecting the lid, and using Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
a deodorizer if needed. Recycling receptacles shall be inspected when adjacent trash receptacle is serviced, and emptied as needed. Containers shall be cleaned and disinfected to remove stains, smudges, and dried refuse.
b. Ash Urn Maintenance and Cigarette Butt Disposal - Ash urns are to b9 emptied and cleaned daily. Replace fill as needed. Clean up cigarette butts from smoking areas.
c. Garage Elevator Maintenance -Chrome and wood surfaces within the two (2) garage structure elevators are to be cleaned daily. Call buttons and surrounding area are to be cleaned and disinfected. Carpets are to be vacuumed and deodorizer used if needed. Granite floors are to be wet mopped daily and polished as needed. Check emergency phones and lighting and report any issues to City's Representative immediately. d. Policing -Contractor shall locate and clean refuse accumulations (hot spots) on sidevValks and other surfaces throughout the common areas of the Complex daily to maintain an overall clean appearance. This Includes removing loose papers, glass, cans, bottles, and other debris found in landscape, planters, tree \veils, parking structure, and on sidev.ialks, pedestrian bridge, throughways, surface parking lots, and perimeter walkways. Spot clean sldev.ialks and remove gum, spills, and other foreign substances.
e. Walkway and Convention Center loading area blowing - Contractor shall use . a professional Back Pack Blower to blow off all perimeter walkways and · Convention Center loadlng area to re.move all debris such as cigarette butts, papers, cups, cans, bottles, leaves, and other debris weekly. f. Other Services
a. Handle emergency clear:iups.
b. Immediately notify City's Representative of potential hazards or unsafe conditions.
c. Damp wipe bollards, benches, smooth surface planters daily. d. Damp wipe trash receptacles and ash urns daily.
e. Clean up bird droppings daily.
f. Damp wipe light fixtures and light poles along pathways as needed. g. Damp wipe exterior light fixtures up to 12' inion the parking structure and in surface parking lots monthly.
h. Dust cobwebs In elevator bays and around light fixtures throughout the parking structure as needed.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/01/15
i. Damp wipe monument and directional signs as needed. Report bent, broken, or damaged signs to the City's Representative.
j. Dust or da.mp wipe fire extinguisher boxes, bike storage boxes, electrical boxes and panels as needed.
k. Oust coboobs upto 12' from areas such as the Convention Center main entrance, Hotel main and other entrances, Techmart entrance, canopies, light fixtures as needed.
I. Sweep bark back into place as needed.
m. Make sure benches, trash cans, ash urns, and directories are in their place and properly secured.
n. Damp 'Mpe under canopy light fixtures up to 12' inside and out as needed but not less often than monthly.
o. Damp wipe all exterior parking and stairwell handrails inside and out as needed, but not less often than monthly.
p. Remove staples, posters, flyers, debris and posted material throughout the Complex, including street perimeter and rooftop parking areas. q. Damp wipe parking lot pole light bases and parking gate arms as needed, but not less than monthly.
r. Clear all parking lot drains of debris, as needed.
s. Check for graffiti daily and report Immediately to City's Representative.
Remove and/or paint over with matching paint. For tagged areas larger than 5' x 5' the City's Representative will determine if Contractor will clean/paint for an additional charge or other arrangements 'MIi be made. t. Notify City's Representative of any area that is unable to be cleaned. u. Vacuum and dust garage office once a month.
Agreement with Universal Site Services, Inc./Scope of Services/Exhibit A Rev. 02/0 l/15
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
UNIVERSAL SITE SERVICES, INC.
FOR THE 2017-2022 JANITORIAL AND PRESSURE WASHING SERVICES
AT THE SANTA CLARA CONVENTION CENTER COMPLEX
EXHIBITB
FEE SCHEDULE
In no event shall the amount billed to City by Contractor for services under this Agreement exceed five hundred sixty three thousand six hundred and fifty six dollars and fifty-two cents ($563,656.52), for the initial te1m. The City Manager has the option to extend this Agreement for up to two (2), one (1) year extended terms, which brings the total not-to-exceed amount for FY 2017-2022 to nine hundred sixty eight thousand one hundred and seventy tln·ee dollars and ninety nine cents ($968,173.99), subject to budget appropriations.
FY 2017-18
FY 2018-19
FY 2019-20
FY 2020-21
FY 2021-22
Total
$182,360.00
$187,830.80
$193,465.72
$199,269.69
$205247.78
$968,173.99
See Attached Fee Schedule for Janitorial and Pressure Washing Services:
Agreement with Universal Site Services, lnc./Fee Schedule/Exhibit B Rev. 02/01/15
Page I of4
Option
Dayporterl I
Dayporter2 I
Ontlon
Oavoorter1 I
oayporter2 I
Opl!on
Oayporter1 I
fee Schedule - Custodia! Services
Contractor shall pro'llde a schedule of rates and feeS which Include all b!ll!ng amounts and cos~:
My 1, 2017- June 30, 2018
Vear 1
Day porter hours shall c-0ns!st of a total of 12 working hours each day !lo Work performed on Christmas and lllanksglvlng
Days Hours Per Week Wage Days Per Hot1r Rate
7 I 8 I 56 I $15,00 I Monday-Sunday I $29.00
7 I
'
I 28 I $14.24 T Monday-Sumfay I $24.50
84 Tola!Hot1rs
I
"'" I 14'8
Disposal Cost of3 yard b!n
Supp!yCo~t:s
Alurnal!y Monthly
I $83,9S4.oo I $6,998.67
I $35 476,00 I $2.,956,33
$119.,460,00 $9,955.00
$4,380.00 $365.00
$1,320.00 $110,00
Yeul Total $125,160,00 $10,430,00
July 11 2018 -June 30, 2019
Year2
Day porter hou,s shall cons Isl of a tolal of 12 working hours each day No Work performed on Ch1htmas and Tha nksgivlng
Davs Hours Per\Veek Wage Days Per Hour Rate
7 I 8 I 56 I $15.4S I Monday-sundav I $29.87
, I 4 I 28 I $14.67 I Monday-Sunday I $25.24
84 Total Hours
I 2896
I 1448
Dlsposal Cost of3 yard b!n
~upp!y Costs
Annually Monthly
I $86,503.52 I $7,208.63
I $36,540,28 I $3,045.02
$123,043.80 $10,253,65
$4,511.40 $375,95
$1,359,60 $113.30
Year! Total $128,914.80 $10,742.90
July 1, 2019-June 30, 2020
Year3
0,:1y porter ho.urs shall consist of a total of 12 working hours each day No Work performed on Christmas and Thanksgiving
Days Hours Per Week Wage Pays i'er Hour II.ate ToM !lours 7 I 8 I S6 I $15,91 T Monday-Sunday I $30.77 I 2896
AnnuaUy Monthty
I $89,098.63 I $7,424.89
o, orter2 I 7 I
'
I 28 I $15.11 I Mondav-Sunday I $25.99 I 1448 I $37,636.49 I $3,136.37 "
$126,735.11 $10,561.26
Disposal Cost of3yard bin $4,646.14 $387,23
Supp[yCOsls $1,40M9 $116.70
Year 1 Total $132178Z,i4 $11,065.19
Annually
Year 1 $125,160.00
Year2•3¾ $128,914.80
Vear3-3Y. $132,782,24
$386,857,04
Monthly
$10 430.00
$10,742,90
$11,065.19
If extended for an additlonal two {2) years
Percentage
Year4 3¼
Years 3¾
Annua!l
$136,165.71
$140,868.68
Monthly
$11,397,14
$U,739.06
Agreement with Universal Site Services, Inc./Fee Schedule/Exhibit B Rev. 02/01/15
Page2 of4
Fee Schedule - Washing Services
July 1, 2017•.June 30, 2018
Year 1
Description Frequency
Granite/ Concrete Surfaces at Entrances to Techmart, Convention Center, and Hyatt 1x Per Week
Main Walkways, Pedestrian brldge1 Patio area behind Hyatt lXPerWeek Parking Structure Elevator bays & stalrwells lxPerWeek
Exterior concrete fumlshlngs and Trash Recept.acles lxPerMonth Surrounding walkways and bomanlt? In front of Hyatt, Techmarrt & Convention Center lx Per Quarter
oesulptlon Frequency
Exterior Walls of parking structu_re and pedestrian btldge Upon Request Parking structure sheer walls and ralllngs Upon Request Parking Structure top deck surface (Using Scrubber) Upon Request July 1, 2018~June 30, 2019
Year2
' Description Frequency
Granite/ Concrete Surfaces at Entrances to Techmart, !='.onventlon Center, and Hyatt lxPerWeek
Main WalkwaYs, Pedestrian bridge, Patio .irea behind Hyatt ix Per Week Parking Structure Elevator bays & stalrwells lxPerWeek
Exterior concrete furnishings and Trash Receptacles ix Per Month Surrounding walkways and bomanlte In front of Hyatt, Techmarrt & Convention Center lx Per Quarter
Description Frequency
Exterior Walls of parking structure and pedestrian bridge Unon Request Parking structure sheer walls and railings Upon Request Parking Structure top deck surface (Using Scrubber) Upon lll?quest Agreement with Universal Site Services, Inc./Fee Schedule/Exhibit B Rev. 02/01/15
Per service ff Times Annually
$400.00 52 $20,800.00
$300,00 52 $15,600,00
$300.00 52 $15,600.00
$300.00 12 $3,600,00
$400,00 4 $1,600.00
$57,200.00
Year 1 rota! $571200.00
Per service Ill/mes Annually
$3,335.00 1 $3,335.00
$2,000.00 1 $2,000.00
$6,000.00 1 $6,000.00
$11,335.00 $11,335.00
Per Service If Times Annually
$412.00 52 $21,424.00
$309.00 52 $16,068.00
$309,00 52 $16,068.00
$309,00 12 $3,708.00
$412,00 4 $1,648.00
$58,916.00
Year 2 Total $58,916.00
Per Service If Times Annually
$3,435.05 1 $3,435.05
$2,060.00 1 $2,060.00
$6,180.00 1 $6,180,00
$11,675.05 $11,675.05
Monthly
$1,733.33
$1,300.00
$1,300.00
$300.00
$133,33
$4,766,67
$4,766.67
Monthly
N/A
N/A
N/A
Monthlv
$1,785.33
$1,339.00
$1,339.00
$309.00
$137.33
$4,909.67
$4,909.67
Monthly
N/A
N/A
N/A
Fee Schedule• Washing Services
July 1, 2019.Juneso, 2020
Vear3
Description Frequencv · Per Service
Gran!te / Concrete Surfaces at Ent,ances to Techmart, Convention Center, and Hyatt 1xPerWeek $424,36
Main Walkways, Pedestrian bridge, Patio area behind Hyatt ix Per Week $318,27 Parking Structure Elevator bays & stalrwells ix Per Week $318.27 Exterior concrete furnishings and Trilsh Receptacles 1xPerMonlh $318.27 Stirroundlngwalkways and bomanlte In front of Hyatt, Techmarrt & Convention Center 1x Per Quarter $424.36
#Times Annually
52 $22,066,72
52 $16,550.04
52 $16,550,04
,12 $3,819.24
4 $1,697,44
$60,683.48
Vear 3 Total $60,683.48
Description
Exterior Walls of parking st,ucture and pedestrian brldge Parking structure sheer walls and rall!ngs
Parking Structure top deck surface (Using Scrubber)
lheseAnnual totals do not Include the "Upon Request" Work Year 1
Year 2 - 3% Increase
Vear 3- 3¾ Increase
If extended for an addltlonal two {2) years
Year 4 - 3¾ Increase
Veilr 5 - 3% Increase
Frequency
Upon Request
Upon Request
Upon Request
Annually
$57,200.00
$58,916.00
$60,683.48
$176,199.48
Annually
$62,503.98
$64,379.10
$126,883.09
Agreement with Universal Site Services, lnc./Fee Schedule/Exhibit B Rev. 02/01/15
Per Service
$3,538.10
$2,121,80
$6,365.40
$12,025.30
Monthly
$4,766,67
$4,909.67
$S,056,96
Monthly
$S,208,67
$5,364.93
If Times Annually
I $3,538.10
1 $2,121.80
1 $6,365.40
$12,025.30
Monthly
$1,838,89
$1,379.17
$1,379.17
$318.27
$141.45
$5,056.96
$5,056,96
Monthly
N/A
N/A
N/A
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
UNIVERSAL SITE SERVICES, INC.
FOR THE 2017-2022 JANITORIAL AND PRESSURE WASHING SERVICES
AT THE SANTA CLARA CONVENTION CENTER COMPLEX
EXHIBITC
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injmy
2. Exact strncture and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required . limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
Agreement with Universal Site Services, Inc./Jnsurance Requirements/Exhibit C Rev. 02/01/15
Page I of4
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
In the event that the Work being pe1fo1med under this Agreement involves transporting ofhazardons or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transpottation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impainnent Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Cot1ncil, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20.10 11 85 or the combination of CG20 10 03 97 and CG 20 3 7 10 01, or its equivalent.
2. Primaty and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Agreement with Universal Site Services, Inc./Insurance Requirements/Exhibit C Rev. 02/01/15
Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non payment of premiums shall be effective until written notice has been given . to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set fmth in Sections A through D of this Exhibit C, above.
E. _ ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Conh·actor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Conh·actor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
Conh·actor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review ..
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project rese1ves the right to charge City or · Contractor for the· cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
Agreement with Universal Site Services, Inc./Insurance Requirements/Exhibit C Rev. 02/01/15
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor ( of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all ce1tificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broke!' shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD fo1m 25-S ce1tificate of insurance ( or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to exe.cution of this Agreement. Upon City's request, Conh·actor shall submit to City copies of the actual insurance policies or renewals or replacements.
Unless othe1wise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIXInc.
City of Santa Clara : Building Maintenance
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096
Telephone number:
Fax number:
Emaii address:
H. QUALIFYING INSURERS
John's Creek, GA 30097
951-766-2280
770-325-0409
[email protected]
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
S:\Attomey\INSURANCE\CITY\EXHIBIT C-02 Contract over $50,000 limited exposure.doc Agreement with Universal Site Services, Inc./Insurance Requirements/Exhibit C Rev. 02/0tils
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AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
UNIVERSAL SITE SERVICES, INC.
FOR THE 2017-2022 JANITORIAL AND PRESSURE WASHING SERVICES
AT THE SANTA CLARA CONVENTION CENTER COMPLEX
EXHIBITD
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN
AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA
Termination of Agreement for Certain Acts,
A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor 1 does any of the following:
a. Is convicted 2 of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract; d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a City contractor or subcontractor; and/or, e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement. ·
For purposes of this Agreement, the word "Consultant'' (whether a person or a legal entity) also refers to "Contractor" and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner ofa partnership; a principal in a joint venture; or a prima1y·c01porate stockholder (i.e., a person who owns more than ten percent (10%) of the outstanding stock ofa corporation] and who is active in the day to day operations of that corporation, 2 For purposes of this Agreement, the words "convicted" or "conviction" mean a judgment or conviction ofa criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea ofnolo contendere within the past five (5) years. 3 As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
Agreement with Universal Site Services, Inc./Ethical Standards for Contractors/Exhibit D Rev. 02/01/15
Page I of2
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, patiner, employee or other individual associated with the Contractor can be imputed to the Contractor when the conduct occurred in connection with the individual's perfmmance of duties for or on behalf of the Contractor, with the Contractor's knowledge, approval or acquiescence, the Contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
B. The City may also tenninate this Agreement in the event any one or more of the following occurs:
1. The City dete1mines that Contractor no longer has the financial capability 4 or business experience 5 to perform the terms of, or operate under, this Agreement; or,
2. If City determines that the Contractor fails to submit information, or submits false information, which is required to perform or be awarded a ~ontract with City, including, but not limited to, Contractor's failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or fail me to provide and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor ( or bidder) is rnled ineligible ( debarred) to participate in a contract award process or a contract is tenninated pursuant to these provisions, Contractor may appeal the City's action to the City Council by filing a written request with the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal.
The Contractor shall have the oppmtunity to present evidence, both oral and documentary, and ai·gument.
4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (I I U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
5 Loss of personnel deemed essential by the City for the successful performance of the obligations of the Contractor to the City.
Agreement with Universal Site Services, Inc./Ethical Standards for Contractors/Exhibit D Rev. 02/0!/15
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
UNIVERSAL SITE SERVICES, INC.
FOR THE 2017-2022 JANITORIAL SERVICES AND PRESSURE WASHING
AT THE SANTA CLARA CONVENTION CENTER COMPLEX
EXHIBITE ·
AFFIDAVIT OF COMPLIANCE WITH ETIDCAL STANDARDS
I hereby state that I have read and understand the language, entitled "Ethical Standards" set forth in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of "Contractor" contained in Ethical Standards at footnote 1. ·
Based on my review of the appropriate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor ariy individual(s) belonging to said "Conh·actor" category [i.e., owner or co-owner of a sole proprietorship, general partner, person who conh·ols or has power to conh·ol a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
The above assertions are true and cmrect and are made under penalty of perjury under the laws of the State of California.
Signature of Authorized Person or Representative
Name: C1,)nr \.s u t 0\L.\ ~
NOTARY'S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public's acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalf ofa corporation, partnership, or other legal entity, the entity's complete legal name and the title of the person signing on behalfofthe legal entity shall appear above. Written evidence of the authority of the person executing this affidavit on behalfofa corporation, partnership,joint venture, or any other legal entity, other than a sole proprietorship, shall be attached.
Agreement with Universal· Site Services, Inc./Milestone Schedule/Exhibit F Rev. 02/0 l/15
Page I of l
1; A notary public 01: other officer completing this certLf:i-cate verifies only the identi-t-y of the Ln.dividual who signed lj the document to which Ltris certificate is attached, a..1t9" not t..he truthfulness, accu.racy; or validity of Lhat j document.
(l STATE OF CALIFORNIA
II I COUNTY OF S. , · · l·: :__ C..\ .-, ·-; ·0..__
/On r;;/7//,7
Public,
Date (here insert name and title of the offieer)
11 personally appeared -~C~h~V\_____,_,,:S~~~-~' C.~K~i <=-~-------- ii
who proved to me on the basis of satisfactory evidei,ce to be the person(s) whose name(s) is/=-. 1 1 ili
subscribed to t.he vvit.hi.n :instrI.lffie.t7.t ar~d acknowledged to met.hat he/she/tltc,y executed the same in liis/h~auihorized capaciry(ioor,-and t.ha.t by his/l:--&rfthei.i signature(s) on the instrw:nent Ii,_/ the person(s)F or the entiry upon behalf of which. the person(s) acted, executed the instrument. j I certif-y under PENALTY OF PERJURY 1mder t.he laws of the State of California iha.t t.he foregoing paragraph is hue and correct.
I W1TN!:lSS my hai-1d ai,d official seal.
AASIK G. PATEL
NOTARY PUBLIC ·CALIFORNIA.--,
COMMISSION # 2067815 g
SANTA CLARA COUNTY
My comm. Exp. f❖:ivember 23. 2018
__________ OPTIONAL _________ _
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